PIA bosses’ lawyer axed from case
A LAWYER representing Pensions and Insurance Authority (PIA) Registrar
Christopher Mapani and two others has been ordered to stop handling the case because of his conflicted interests in the matter.
Lusaka Magistrate Felix Kaoma yesterday ordered Mr Kaumbu Mwondela and his law firm to recuse themselves and be expunged from the case record after a trial within trial.
In this case, Mapani is charged with PIA deputy Registrar Titus Mkhwale and PIA insurer Nicholas Mbiya for alleged abuse of authority of office concerning the approval of Tobias Milambo as principal officer for Ultimate Insurance Company Limited.
The shareholding dispute in Ultimate Insurance Company Limited has resulted in the arrest and subsequent prosecution of Milambo, Nachi Musonda, and Richard Lubemba- all directors of Marshland Consortium Limited - who are facing 15 counts of forgery, uttering false documents, and obtaining money by false pretences among the numerous charges before another court.
In Mapani and two others’ case, particulars of the offence in the first count are that between January 1, 2018 and March 30, 2020 in Lusaka, the three abused their positions, office or authority by approving Milambo as Ultimate Insurance Company Limited principal officer.
In count two it is alleged that between the same dates they directly or indirectly abused their positions, office or authority by issuing a 2020 insurance licence to Ultimate Insurance Company Limited against the interests of the Zambian government.
Before taking Mapani and his co-accused to court, on Friday June 12, 2020 the National Prosecution Authority (NPA) had arranged a pre- trial briefing with PIA board chairperson Petronella Mwangala and board secretary Kabisa Ngwira at Twangale Park.
Director of Public Prosecutions (DPP) Lilian Shawa-Siyunyi attended the meeting which Kaumbu Mwondela joined later and he was introduced to the DPP and her NPA team as a PIA institutional lawyer.
But on Monday June 15, 2020 when the case was called before Mr. Kaoma, Mr. Mwondela placed himself on record as one of the defence lawyers from a private law firm Kaumbu Mwondela Legal Practitioners representing Mapani,
Mkhwale, and Mbiya.
This led the State to object to Mr. Mwondela representing the accused persons because just a few days before he had been introduced as an institutional lawyer for the PIA, which is a Government entity.
Mr. Kaoma then ordered a trial within trial leading to yesterday’s hearing in which a public prosecutor, Mr Noah Mwanza, who attended the June 12, 2020 meeting, testified against Mr. Mwondela.