‘JUDGES WERE SETUP’ ‘forgiven’?

...as whistleblower gets ACC deal, K1.8M

THE two High Court Judges Charles Kafunda and Joshua Banda were setup by a judicial officer who allegedly stole K1.8 million from the Judiciary under the pretext that he used it to pay people who helped him to execute a court order at Mopani Mine.

The complainant Mr David Mwanza who has been turned in to a state witness claimed that the two judges solicited for K130, 000 from him and he apparently paid K63, 000.

In a twist of events however the Anti-Corruption Commission (ACC) said the whistleblower in the matter involving two high judges who had been warned and cautioned over allegations of interference with witnesses during pending proceedings of the judicial Complaints Commission ( JCC) would not be prosecuted because he been turned into state witness.

The two had been warned over alleged corrupt practices contrary to section 19(1) of the ACC Act No 3 of 2012 in the manner the two solicited for K130, 000 and received K63, 000 from Mr David Mwanza.

ACC chief corporate affairs officer Timothy Moono said that the ACC would not prosecute Mr Mwanza because people in authority have greater responsibility to follow procedure.

Mr Mwanza, an undersheriff, is alleged to have illegally gotten K1.8 million from the judiciary.

Justice Kafunda who then was Chief Registrar was in charge of the matter but in a turn of events Mr Mwanza launched allegations against justice Kafunda that he solicited for K130, 000.

Mr Moono said that the ACC had turned the complainant into a state witness and that despite him involving himself in alleged corruption, they would not prosecute him because the people in authority have greater responsibility to follow procedure and not commit a crime.

“For example if you find a police on a roadblock and a he asks for a bribe, both of you are committing a crime but if you come and report the matter automatically you become a witness despite being guilty of engaging in corrupt activities,” he said.

Mr Moono said that the onus was on the judges and that the fact that they even received some money it was only prudent for the ACC to have a witness that had valid evidence over the matter.

He also said that the ACC was not aware about the action being taken by the JCC as their focus was just on the corrupt activities.

“I don’t know what action has been taken against the two by the JCC because it is not our jurisdiction and our focus is just on them soliciting for a bribe,” he said.

Mr Moono said that the fact that they had turned Mr Mwanza into a witness meant he would not be liable to any prosecution despite him taking part in the act of corruption.