ACC Arrests Former ERB CEO For Corrupt Practices

The Anti- Corruption Commission has arrested a former Chief Executive Officer for the Energy Regulation Board (ERB) for corrupt practices.
Mr Butler Asimbuyu Sitali, 52, was arrested yesterday for corrupt practices contrary to section 19 (2) of the Anti- Corruption Act No. 3 of the Laws of Zambia.
Details of the first count are that on dates unknown but between 1st September, 2014 and 24th September, 2014, Mr. Sitali corruptly offered and gave K500.00 cash gratification to an employee at ERB as an inducement for him to illegally obtain copies of documents from ERB.
In the second count on dates unknown but between 1st September, 2014 and 24th September, 2014 ,Mr. Sitali corruptly offered K500.00 and gave K100.00 cash gratification to an employee at ERB as an inducement for him to further illegally obtain more copies of documents from ERB.
Mr. Sitali has been released on bond and is scheduled to appear in court soon.

Meanwhile, here is a belief status of some of the cases handled by the Anti-Corruption Commission(ACC):
1. Henry Kapoko’s acquittal
Following the acquittal of former Ministry of Health Human Resource Manager Henry Kapoko on 26th September, 2014, the Commission communicated that it was not satisfied with the judgment of the Subordinate Court and will appeal to the High Court. The Commission has since filed the Notice of Appeal.

The Commission would also like to take this opportunity to inform members of the public that even though Mr Kapoko and his accomplices were acquitted recently by one of the courts, he is still appearing for trial before four (4) other different courts. These matters are all related to the alleged theft of over K10million public funds at the Ministry of Health exposed in 2009. The other cases are as follows:

i. Before Hon. E. Zulu, Mr Kapoko is facing twenty (20) Counts of theft involving over K6.8 million and forty nine (49) counts of money laundering and possession of property reasonably suspected to have been stolen or unlawfully obtained. The matter is scheduled for continued trial from 13th to 23rd October, 2014.

ii. Before Hon. Aridah Chulu, Mr Kapoko is facing two (2) counts of abuse of authority of office, one (1) count of theft by public servant involving K1.29 million and three (3) counts of money laundering involving (2) real estate properties. This matter is scheduled for continued trial on 27th October 2014.
iii. Before Hon. Lameck Ng’ambi, Mr Kapoko is facing two (2) counts of abuse of authority of office and corrupt practices by public officer and the matter is coming up for a ruling on a case to answer on 3rd November, 2014.

iv. Before Hon. Joshua Banda, Mr Kapoko is facing charges of theft by public servant involving K1.9 million. This matter is scheduled for continued trial on 11th and 12th October, 2014.

2. Alleged bribery of Hon Fackson Shamenda Minister of Labour and Social Security by a Dangote Official
As already indicated in the responses to several press queries, I wish to once again state that after due consideration of the complaint received from the Hon. Minister, the Commission did not institute any investigations into the matter.

In arriving at this decision, the Commission took into consideration, among other issues, the circumstances and likelihood of any investigation disclosing facts that would prove that an offence was committed under the Anti- Corruption Act. In doing so, the Commission relied on the provisions of the Anti-Corruption Act No. 3 of 2012.

Further, even though the Commission noted that the report made to the Commission was made outside the stipulated time provided for in the Act for Public Officials to report cases of corruption, the Commission did not and has no intention of prosecuting the Minister.

In arriving at this decision, the Commission, once again, relied on the provisions of the law which provides that the failure to report as required should be within reasonable cause to constitute an offence. The Commission considered all the circumstances regarding the matter and concluded that there was reasonable cause for the Hon. Minister not to make the report within the stipulated 24hrs. As such the Commission will not take further action in this matter.

3. Alleged Abuse of Authority of Office against Youth and Sports Minister Mr Chishimba Kambwili.
The investigations into allegations of abuse of authority office against the Minister of Youth and Sports Mr. Chishimba Kambwili over congratulatory advertisements placed in the print media regarding his acquisition of his degree from Copper Stone University were concluded.

After thorough analysis of the evidence collected, the allegations were not proven and recommendations were made to the Ministry for administrative action against some officials there as there was insufficient evidence for prosecution.

4. Alleged corruption against former Permanent Secretary at the Ministry of Information and Broadcasting Mr Amos Malupenga in the manner he is suspected to have received a bribe from a company that was bidding for the Digital Migration Tender.
I wish to inform you that the investigations into this matter have now been concluded and the allegations were not substantiated. The investigations have since been closed.

5. Alleged abuse of authority of office against former Minister of Tourism and Arts Hon Sylvia Masebo in the manner she cancelled the hunting concessions awarded by ZAWA.
Investigations into this matter have reached an advanced stage and are nearing conclusion

6. Alleged abuse of authority of office against former Minister of Tourism and Art Hon Sylvia Masebo in the manner she is alleged to have feted some named traditional leader using public funds during a civil matter in court against her.
The investigations into this matter have been concluded and evidence is currently being analysed.

7. Alleged Abuse of Authority of Office against former Cabinet Office Permanent Secretary for Administration Anna Mwitwa Mwewa.
The matter has now been referred to the National Prosecutions Authority for possible consent to prosecute.

8. Alleged abuse of Authority of Office against Hon Chitotela and Hon Mwewa in the manner Constituency Development Funds were utilized in their respective constituencies.
I wish to inform you that after thorough analysis of the evidence collected in the matter regarding alleged corruption against Honourable Ronald Chitotela, the allegations have not been substantiated and the matter has now been closed.

With regard to allegations of corruption involving Honourable Rogers Mwewa, the matters have now been referred to the National Prosecutions Authority for possible consent to prosecute.

Posted by Kunda on October 8, 2014. Filed under CRIME. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.