THE defense team in the corruption trial of Livingstone mayor Constance Muleabai yesterday launched a fierce attack on the Anti-Corruption Commission (ACC), accusing it of selective justice after the lead investigator maintained that the individual who allegedly handed the mayor K180,000 committed no offense.
This stance, the defense argued, directly contradicts Zambia’s Anti-Corruption Act, which criminalieses both the giving and receiving of a bribe.
ACC senior investigations officer Shadunka, testifying before senior resident magistrate Trevor Kasanda, remained adamant that Monde Sumbwa, who allegedly paid the K180,000 to Mayor Muleabai, was not charged because her actions did not constitute an offense.
This assertion, however, ignited a contentious exchange in court.
Under cross-examination, Shadunka revealed that evidence, including a forensic report and Sumbwa’s own statement, indicated Sumbwa allegedly gave the mayor K180,000.
From this sum, the mayor reportedly kept K30,000, while Sumbwa retained K20,000.
“I charged the mayor for soliciting the money based on the evidence I got from the forensic report and Monde’s statement,” Shanduka said.
However, when pressed by the defense, Shadunka made the curious claim that the K180,000 Sumbwa allegedly gave the mayor was “tainted,” yet the K20,000 Sumbwa kept was “not tainted.”
Defense counsel Chiwala Boniface from Messrs Chiwala Boniface Legal Practitioners immediately challenged this position, presenting the witness with a copy of the Anti-Corruption Act No. 3 of 2012, which clearly defines both the giver and receiver of a bribe as culpable.
The defense team strongly contended that the ACC’s decision to exclusively charge Muleabai while exonerating Sumbwa was a blatant display of selective justice and bias.
Despite the pointed questions and the legal precedent, Shadunka stood firm in his position that Sumbwa’s actions did not constitute an offense.
The defense further questioned Shadunka’s belief in the truthfulness of the contents of the ACC translation report and the digital forensic report.
Shadunka affirmed his belief in their truthfulness, prompting Chiwala to apply for the expungement of both documents from the court record, arguing they were hearsay as the witness was not their originator.
This legal drama unfolded a day after revelations that the WhatsApp messages purportedly exchanged between Muleabai and Sumbwa only displayed the figure ‘120’ with no indication of currency, adding another layer of complexity to the prosecution’s claim that K120,000 was solicited.
Muleabai is facing two counts of corrupt practices with a private body, contrary to Section 20(1) as read with Section 41(a) of the Anti-Corruption Act No. 3 of 2012.
She is alleged to have solicited and received K180,000 from businessman Mark Gabites between August and September 2023 to help clear property rate arrears for Zamnuka Farming Limited.
The case was adjourned to today after Mayor Muleabai, through her lawyers, informed the court that she was unwell.
By George Musonda
Kalemba July 25, 2026
