THE Economic and Financial Crimes Court has admitted into evidence the helicopters belonging to former minister of Foreign Affairs, Joseph Malanji.
Principal resident magistrate Irene Wishimanga ruled that the South African proceedings regarding the two helicopters are not binding on the proceedings before Court.
On September 23, 2024 Malanji’s lawyer Nkhula Botha opposed to the production of the two helicopters secured at the Zambia Airforce airport, a Bell 430 purchased at $1.4 million from National Aviation Corporation (NAC) in January 2021 and a Jet ranger Bell 206 bought at $700, 000 from MML Aviation in South Africa.
Malanji paid for the helicopters after his Turky trip.
Botha said Mukelabai did not indicate that the properties were in his possession.
“There are proceedings in South Africa. There’s an order by the South African High Court where the court granted and ordered for the non movement of these things and as far as we are concerned that order is still subsisting where the South African Court still has jurisdiction of the helicopters,” he said.
“We would love to furnish the cause number and the said order that was granted in the South African court so that the court can have a chance to read the content. We will give the court by 10:00 hours if not before close of business.”
Luckson Mwamba who is representing Fredson Yamba said a curator bonis was appointed by the South African Court to keep the helicopters under their control and the said order has not been discharged.
“The witness on the stand does not have custody of the helicopter and cannot produce it unless he can produce evidence that the curator has handed over possession,”said Mwamba.
State advocate Mukuma Chipawa said Kwaleyela Mukelabai had indicated that he was in possession of the helicopters which were at the ZAF hanger for safe keeping.
“He mentioned that with the authority of the curator bonis he brought the properties here. The case before the South African Court is a civil matter and no law has been given that the court cannot receive the properties as evidence.”
He added that Mukelabai is competent to produce the helicopters to form part of his evidence as they are in his possession.
In her ruling, magistrate Wishimanga said Mukelabai had passed possession of the aircraft which is equal to having possession.
“The witness had passed possession which is as good as carrying possession. Even the person who handled the exhibits is quite competent to produce it,”she said.
She indicated that curator bonis gave Mukelabai the helicopters hence they were under his control.
“The objection is hereby overruled and the properties are admitted as evidence,” said magistrate Wishimanga.
Chipawa made an application to move the Court to Kitwe on Monday September 30, to view Malanji’s Hotel, Gibson Royal Hotel.
In this case Yamba and his co-accused Malanji, are accused of failing to adhere to guidelines relating to the management of public resources and possessing property suspected to be proceeds of crime.
Yamba is alleged to have abrogated the law relating to the management of public property when he approved the transfer of K154, 201, 197 for the purchase of a chancery in Turkey.
Malanji is accused of possessing two helicopters, BELL430 and a BELL 206 Jet Ranger helicopter, and houses suspected to be proceeds of crime.
By Mwaka Ndawa
Kalemba September 25, 2024.
