The Lusaka magistrate court has subpoenaed the Anti Corruption Commission (ACC) acting director general Rosemary Kuzwayo after Dr. Chitalu Chilufya’s lawyers applied that she be cited for contempt after allegedly suspending a witness who testified in favor of the accused.
According to correspondence dated Friday, 21 August, 2020 seen by Lusaka Times, the Young African Leaders Initiative (YALI) reported Mrs. Rosemary Khuzwayo to the Director of Public Prosecutions (DPP) for breaching Section 116(1)(f) of the Penal Code, Chapter 87 of the Laws of Zambia and Section 69(8) of the Anti-Corruption Commission Act No. 3 of 2012 when she suspended a State Witness who, according to reports from Diggers and the Mast Newspapers, testified that Dr. Chilufya did not commit any offence and exonerated him, accordingly.
The defence believes penalizing a witness for their own testimony in court breached section 116 of the penal code. The defence told the court that a witness in judicial proceedings is protected and any person who attempts to influence a witness in such proceedings is guilty of a misdemeanor and can be sentenced to not less than 6 months
Earlier, the defence made an application for the Magistrate to summon Kuzwayo, Timothy Moono the ACC spokesperson, the commissions Secretary and directors to confirm if an investigations officer was suspended for testifying in favour of the Honourable Minister. Magistrate Lameck Mwale has since summoned the commissions acting director DG.
In a letter to the DPP, YALI said it was alive to the fact that the ACC Director General enjoys some form of immunity under Section 17 of the Act, just as the suspended ACC officer does but wondered whether it was the intention of the framers of the anticorruption law to place the Director General and all ACC employees above the law on contempt of court such that the proceedings of the court can be undermined using the veil of immunity in the Act.
Meanwhile, Mr. Ntewewe, who confirmed the reporting of the matter by his organisation to the DPP, has appealed to President Edgar Lungu to consider initiating the process to have the Director General, Mr. Kaptewa Phiri, who has been unwell replaced with another competent Director General.
This is long overdue. She undermined the court and the consequences must follow. He who comes to equity must come with clean hands
Equality before the law. If she can prosecute Chilufya for breaking the law, why must the law pay a blind eye to her actions which ain’t sitting well with protection of witnesses?
The Chilufya case was B.I.D, one meant to make Lungu unpopular.
Morally and legally, what ACC did to suspend a State witness is wrong. Am UPND but I understand action of ACC offends the law
ACC needs urgent reforms if it has to win confidence of all stakeholders. The public lost confidence when it failed to know who owner of 48 houses is. Now Government has lost trust as some persons who are politically biased within are using Institution for regime change
ACC is where Ba Edgar was to be sending drunken rodents, not to Bar of Zambia. Don’t just appoint people just because they are women, to look good in cameras.
Fire Rosemary, replace her with…. I can’t find any name of decent PF.
Lets wait to hear if the ACC wrongly suspended the ACC state witness. If the law protects liars, then the law also needs reform!
@ Ngoma Yamano the law doesnt protect lying but the ACC should have waited until after judgement to pass disciplinary action on the fake witness. But lets wait for her testimony perhaps she will reveal how Manda changed stance in court when he had said something different before
Excellent. You cannot go ahead prosecuting people yet your house is dirty. The impact of these false allegations on the doctor are huge and negative not only to him but our party too. Go after them papa. We know who is paying them.
ACC has been used by the PF and now they have no use for it. That lady, we advised her to be professional when handling sensitive cases but the way she came out, we all knew she had the protection of the party in power. Now she has been abandoned and left exposed and the public won’t come to her rescue as they have already passed their vote of no confidence………
Suspend her or Fire her…… !!! By the way is she Tonga also?
Canon Justice, I am glad you also say “the law doesnt protect lying”. However, I think if ACC had waited until after judgement to pass disciplinary action on the fake witness, it would have been too late. It would be too difficult to reverse court ruling based on fake evidence. All the same lets wait to hear the reasons the ACC will advance for suspending this ACC witness.
ACC has lost credibility in the eyes of the public coz its not waging a genuine fight against corruption.
Now am getting confused. I thought the job of the ACC is to present to court matters that they fill are a contravention of the law, and have been investigated to a point where they show a strong possibility of successful prosecution. In other words, they are they ACCUSERS!!! SO HOW DO YOU GO TO COURT TO SAY THE PERSON YOU’RE ACCUSING IS INNOCENT!!!!
SORRY, I MEANT ‘….FEEL…’
Ba Canon Justice, I am glad you also say “the law doesnt protect lying”. However, I think if ACC had waited until after judgement to pass disciplinary action on the fake witness, it would have been too late. It would be too difficult to reverse court ruling based on fake evidence. All the same lets wait to hear the reasons the ACC will advance for suspending this ACC witness.
tAmpering. This word is a problem in Zambia.
The English language does not have the word tEmpering.
LT employ me as your proof reader/script editor FREE of charge.
You know my email address.
Problem with lawyers who passed Law school and ZIALE using the Nancy Deli Orio method. If a witness is bad you declare him hostile or you charge him for perjury. You do not fire or suspend him.
setting a bad precedent. Now every state witness or prosecutor will make deals with the accused to twist the case in their favor knowing fully well that nothing will happen to them.
@Wanungwee you’re so f()cking right. It has puzzled all rational people save for partisan politicians. Manda did a u-turn in court that the ACC prosecution had not foreseen. This was because he was bribed and even if he loses his job you will see him in a comfortable situation somewhere else. But in countries with strong investigation capabilities a team should have started investigating Manda and his would be benefactors to bring them all to book for among other charges, perjury, travesty of justice, corruption etc
This ACC is a toothless useless imbwa Galu. Why do u accuse innocent people of corrupt activities if u have no credible evidence.ACC only prosecute useless weed smokers.
Dont we have provisions in our law that could have allowed the ACC to apply to the Court to declare Manda as a Hostile Witness, this would have prevented all this hullabaloo
Zambians courts have now become supervisors of government departments. Suspension of ACC witness Manda was an internal administrative matter. Courts have nothing to do with administrative within government departments. Courts should receive cases and not look for cases.
@ Mulenga Tembo: exactly my thoughts , mate. ACC should simply have argued before court that the witness had turned hostile. But alas, DG played into his hands and now the tide is against her. Sad
Another appointment pending, soon a new dance.
I don’t think there’s any depth in ACC unlike in the OP or even the Police. Where did this woman come from, what’s her experience? ACC Should not be run like those many poor NGOs. We need a high level institution like the OP to go after the Dr Chilufya, and the rest of the PF fat cats. Leave small cases to ACC, they can investigate small bribes in the community.
From what I read in initial stage the purported witness on the stand took or presented a view in court which did not reflect ACC position.
The question is, at time of being in the dock was the person there to represent the views of ACC or his capacity as state witness in support of Chilufya.?
These have to be separated because if he went against ACC position while representing them and he is briefed to highlight ACC position…then yes he can be suspended… infact fired … If ACC new he was Chilufyas witness they should have known his story will align with the accused and a suspension will not be justified and amount to witness tampering.
But I am not a lawyer and I am sure there is clarity to be provided provided individuals do not get intimidated and chicken out.
May be some lawyers may have some answers to some of these questions: Is the ACC wrong to suspend their officer who they accuse of perjury and obstruction of justice in the case at hand? At what stage was ACC supposed to reprimand their officer Manda for perjury and obstructing justice? Was the Acting DG in court when this ACC officer presented what ACC considers as fake witness statement? If the Acting DG was in court, was she expected to shout in court that Manda should be charged with perjury and obstruction of justice during the court session? Cant the suspended Manda still be a witness now siding with the accused Minister as he has turned to be a hostile witness from ACC position?
Its the judge who determines if one is a hostile witness. The lawyer/prosecutor has to request for a ruling. Here Manda may have been an unfavourable witness.