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I have no proof Kambwili forged his son’s signature – TayaliBy Diggers Reporter on 7 Mar 2018
Former Zambian Voice executive director Chilufya Tayali says he is not competent to prove all the allegations levelled against Roan PF member of parliament Chishimba Kambwili.
And the state has slapped Kambwili with another charge of giving false information to a public officer.
This is in a matter in which Kambwili is facing a charge of forgery, uttering false documents and giving false information to a public officer.
When the matter came up before Lusaka principal resident magistrate David Simusamba, the state applied to amend the indictment in order to add an additional charge of giving false information to a public officer.
Kambwili then took fresh plea, denying all the charges.
The state called it’s key witness Tayali to take the stand and he told the court that he was persuaded to start investigating the ownership of the company after his informers told him that Kambwili was harassing Mopani Copper Mines for giving contracts to other people.
“I was told that as a minister, he was putting pressure on their work and asking them why they were giving contracts to other Zambians…I thought of doing a search to verify if Kambwili owned such a company. I went to PACRA to verify the details of this company. What I found is that Mwamona did exist as a limited company and the directors were Mwamba Chishimba and Carol Chishimba but Kambwili was not part of Mwamona,” Tayali testified.
He said after he conducted a search at PACRA, he become suspicious after finding out that Mwamba Chishimba, who was said to be the son to the accused was one of the directors when in fact, Mwamba Kambwili was the real son.
He said Kambwili’s wife Carol was the second director.
He also testified that Kambwili’s son was too young to have an NRC at a time and Mwamona was being incoporated in 2001 as he could have been only eight years old, a move which further brough more suspicion.
“Mwamba Kambwili was born in 1993 therefore, in 2001 when the company was being incorporated, this boy was maybe eight years old. From my knowledge, an eight year old cannot have an NRC. At this point, I suspected there could be a prima facie case in the manner Mwamona was registered,” he said.
He said despite approaching Special Assistant to the President for Press and Public Relations Amos Chanda to inform the President about the alleged scandal nothing happened.
“I made efforts to bring this to the attention of the President through his press aide. I told him what happened and what I discovered. Amos did assure me that he will make sure the President knows. I kept on talking about it as my assumption was that the President would take action but nothing was done to my knowledge. I was disappointed because as executive director, my work was to offer checks and balances,” he said.
Tayali said he shelved the matter until Kambwili was fired when he reported the case to the police.
“I stand for justice. This is why I founded a Zambian NGO called the Zambian Voice and your honor, I hate corruption,” said Tayali.
In cross examination, when asked which papers Kambwili allegedly forged, Tayali said he was not competent to bring the document to court.
“I may not be competent to bring the document to court. I don’t have them but I believe they will be adduced…Kambwili is not the director or shareholder of the company,” he said.
Asked what the specifics of Kambwili’s criminal wrongs were, Tayali said he was not competent to say them.
Asked if he had proof, Tayali said, “It will be brought. I don’t have proof as a complainant but it doesn’t mean it is not there.”
Tayali also failed to cite any law which barred minors from appearing on PACRA forms.
Tayali admitted that he did not know the officer alleged to have been given false information by Kambwili.
The case was adjourned to March 15, 2018 for continued cross examination.
In this matter, Kambwili is alleged to have forged a no change return form with intent to deceive PACRA by purporting to show that it was genuinely issued by Mwamba when in fact not.
In the second count, he is alleged to have fraudulently uttered the said document to PACRA.
And in the third count, Kambwili is accused to giving the false document to a registrar at PACRA which caused the said public officer to do something which he ought not to have done.
After the matter was adjourned, Kambwili reiterated that he would not bow down to political intimidation whilst Tayali said he was happy that the matter was finally in court.
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