KAMBWILI CONTEMPT EXPOSED

ROAN Member of Parliament Chishimba Kambwili chaired the meeting that resolved to change directors and secretaries of his Mwamona Engineering and Technical Services (METS) Limited while the matter to do with the issue was already in court, a witness has testified. Patents and Companies Registration Agency (PACRA) manager for registration Lameck Mwenya says this was according to a copy of resolutions attached to the notice to change directors and secretaries lodged at PACRA by Kambwili’s son, Mwamba on March 6, 2018. This was on the same day the main matter, in which Kambwili has been charged for uttering a false document and giving false information to a public officer, was heard before Principal Resident Magistrate David Simusamba. Testifying in the case in which Kambwili has been summoned for contempt of court for tampering with evidence before Magistrate Nsunge Chanda yesterday, Mr. Mwenya said on the material date, he went to court where he was scheduled to testify in Kambwili’s case before Mr. Simusamba and went back to his office to continue with his duties.“I discovered that there were changes that were made to particulars of the two directors of Mwamona Engineering and Technical Services Limited, namely Mwamba Chishimba and Carol Chansa (Kambwili’s wife). “Mwamona lodged a notice of change of directors and secretaries on form five. There was also an attachment of a declaration of consent to alter directors and secretaries. Other attachments were a special resolution and general affidavit verifying facts sworn by Mwamba Kambwili; and certified copy of the NRC (national registration card) for Mwamba Kambwili,” Mr. Mwenya said. He added: “The information concerning directors of the company completely changed from the way it was when the company was incorporated in 2001. Even the NRC number for Mwamba Chishimba was changed based on documents that Mwamona Engineering and Technical Services lodged.” Later, Kambwili’s lawyers led by Keith Mweemba objected to Mr. Mwenya’s evidence on grounds that it was subjudice and would be prejudicial to Kambwili’s main case before Mr. Simusamba if the witness delved into its details. But in response, public prosecutor Margaret Chitundu argued that it was not possible to divorce the two proceedings because the contempt case arose from the matter before Mr. Simusamba. In her ruling, Magistrate Chanda dismissed the defence lawyers’ objection, saying it was cardinal that necessary evidence was availed before her, adding that talking about proceedings before Mr. Simusamba could not be avoided. Mr. Mwenya then added: “In 2001 when Mwamona Engineering and Technical Services was incorporated, the names of the two directors were Mwamba Chishimba and Carol Chansa. However, with the lodging of documents on 6th March, 2018, Mwamba Chishimba changed to Mwamba Kambwili and Carol Chansa became Carol Chansa Chipande. “Since I was supposed to testify in the same case, I got concerned and alerted the police officer that the information has fundamentally changed. The documents were lodged around 16:45 hours,” he said. He said one of the documents showed that Kambwili chaired the meeting with his wife and his son, adding that the same meeting resolved to change METS directors and secretaries. Mr. Mwenya informed the court that he wanted to tender the documents as part of his evidence but Mr. Mweemba objected on grounds that the documents were photocopies of the originals In her ruling, Magistrate Chanda sustained the objection and guided the State to make an appropriate application for the release of the original documents that are in Mr. Simusamba’s custody.