ACC to appeal Magistrate Bwalya’s decision to free Chitotela


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The Anti-Corruption Commission says it will appeal the decision of Magistrate Jennifer Bwalya to discharge former Minister of Tourism Ronald Chitotela on two counts of possession of property reasonably suspected to be proceeds of crime.

ACC Spokesperson Queen Chibwe says while the Commission respects the decision of the Court to hold that Mr Chitotela is immune from being prosecuted based on a settlement agreement he signed with the Commission in 2019, it is totally dissatisfied with the decision.

Mrs. Chibwe says to this end, the Commission will immediately exercise its right to appeal the decision on the basis that, among others, a settlement agreement under section 80 of the Anti- Corruption Act Number 3 of 2012 is only tenable when an accused person has fulfilled two conditions.

She says these conditions include that he/she has given a full and true disclosure of all material facts relating to past corrupt conduct and an illegal activity; and that he/she has voluntarily paid, deposited, or refunded all property the person acquired through corruption or illegal activity.

Meanwhile Mrs. Chibwe says the Commission has recorded a warn and caution statement and seized a property in Silverest area of Chongwe belonging to former Minister of Gender Elizabeth Phiri.

Mrs. Chibwe says the seizure follows investigations the Commission is conducting where it has emerged that the property No. L/23202/M, which was designated for the construction of a clinic, was corruptly acquired by Mrs. Phiri contrary to Section 34 (1) of the Anti-Corruption Act of No. 3 of 2012.

Mrs. Phiri has since erected a two-storey house on the Plot which was originally earmarked for construction of a government clinic for the Silverest Community in Chongwe district.      

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