In a significant Judgment delivered on Friday, the 26th July, 2024, Chief Resident Magistrate Davies Chibwili convicted Francis Muchemwa, former commander of the Patriotic Front (PF) youth wing and ZESCO Limited employee, popularly known as Commander Two, on multiple counts of possessing property suspected to be proceeds of crime. This case, prosecuted by the Anti-Corruption Commission (ACC), highlights the court’s commitment to ensuring that crime does not pay.
“It is time to send a message to our community that only that which is obtained lawfully will stand and that crime does not pay.”
Magistrate Chibwili found that Muchemwa and his companies, Friltech Networks Limited and Altitude Properties, owned properties beyond their legal income.
“I am satisfied that the prosecution has proved their case beyond reasonable doubt and I have found them guilty in counts one to six for the offences of possessing property suspected to be proceeds of crime and convict them accordingly,” said Magistrate Chibwili.
The court dismissed Muchemwa’s attempt to show that his funds were legitimate by stating how much he earned in allowances which were not supported by imprest retirement reports.
“When he travelled, he never filed an imprest retirement report. ZESCO being a public company using public funds has a way in which it accounts for those funds. Muchemwa’s explanation that he filed an oral report cannot be accepted. The prosecution has proved that he obtained K141,400 as subsistence allowances from his employers, but there is no evidence that he filed a report for the trips he undertook,” stated the court.
Magistrate Chibwili also dismissed the evidence provided by the Lusaka City Council, noting, “I would not consider the evidence by the Lusaka City Council that Muchemwa assumed the role of a tax collector and collected revenue meant for the authority, as there is no clear-cut evidence relating to the offences apart from the receipts produced to show the amount of revenue collected after cadres were chased from the bus terminus.”
In sentencing, Magistrate Chibwili underscored the gravity of the offences.
“We are seeing developments and structures coming up with no known source of income by the developers or any underlying legitimate economic activities,” he said.
He emphasised that unchecked corruption could ruin the economy and the country.
“These criminal activities present a challenge to law enforcement and investigators because people involved are powerful people in society with lots of resources to help them circumvent whatever the law places to end them.”
Muchemwa was sentenced to three years in prison for five counts of possessing a house in Silverest, apartments, two plots, and two Faw trucks, with sentences to run concurrently.
His companies were fined a total of K800,000. Friltech Networks Limited was fined K200,000 for each of its properties, and Altitude Properties Limited was fined K400,000 for the two Faw trucks. In default of payment, the companies will face warrants of distress.
Muchemwa was also fined K141,400 to be paid to ZESCO as restitution for the subsistence allowances, with a default penalty of nine months’ imprisonment. Magistrate Chibwili concluded by stating thus:
“Our society must stop hero-worshiping or praising wrongdoers.”
In his mitigation, Muchemwa pleaded with the court to consider a non-custodial sentence because he has a child with special needs. However, Magistrate Chibwili emphasised the need for deterrence.
“Imposing a custodial sentence on Muchemwa will encourage members of the community to work hard and deter others from engaging in corruption,” he said. “Our society must stop cheering those who acquire property through illegal means.”
Magistrate Chibwili indicated he will deliver a ruling on the application by ACC Prosecutor Ngwira to have Muchemwa’s tainted properties forfeited to the State on Monday, July 29.
Photo Credit
Source: Diamond TV (retrieved from [https://diamondtvzambia.com/court-finds-pf-cadre-francis-muchemwa-with-a-case-to-answer/])