LAWYERS representing Livingstone Mayor, Constance Muleabai have blocked an officer from the Anti-Corruption Commission from testifying in their client’s graft case, citing the witness’s incompetence to translate Lozi language.
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When the case came up before visiting Lusaka Senior resident magistrate Trevor Kasanda for continued trial yesterday, the case was brought to a standoff after Muleabai’s lawyers opposed to allowing Neta Kufekisa to testify on how she was subcontracted by her institution, to interpret the alleged bribery messages exchanged between the mayor and her prospect client for Zamnuka Farming Limited.
Immediately she took the stand, Kufekisa briefed the court on how she was engaged by the dealing officer to help the forensic department interpret the messages in lozi language to English.
Kufekisa in briefing the court about her background said she was fluent in Lozi language as she learnt it from secondary school.
Before she could go further Lawyer McQueen Zaza raised a red flag and ruled her offside, arguing that learning lozi in High School did not qualify the witness into a language expert.
Zaza questioned the credibility of the officer’s work and challenged the ACC to produce their witness’ job description to prove whether it was within her province to translate languages, aside from being an investigator.
He equated the investigator to his daughter who is learning Lozi language in school and could not be rated as an expert to interpret the language just because she’s become well-versed in the language.
“Knowing a language from Grade 1 to 12 does not make one an expert. My daughter is in Grade 4 and learns Lozi, but that doesn’t make her an expert,” Zaza argued.
The Anti-Corruption Commission defended their own saying the officer was not prohibited by law to translate a language in their mother tongue, that they are fluent in, adding that the investigator acted in good faith.
Magistrate Kasanda was forced to adjourn the case to rule on whether the witness’ evidence will be admissible or not.
Others who testified in the case were Odesa Tapula, 34, a manager of Airtel Zambia’s Livingstone branch, who presented Know-Your-Customer (KYC) documents to the court as requested by the ACC.
The documents were said to be registered under the name Moonde Sumbwa.
Zawo Shanzi, 35, a KYC supervisor from Zamtel, also presented documentation linked to the same name.
However, under cross-examination, Shanzi admitted that his testimony was in contradiction with the content of the documents submitted to the ACC.
In this case Muleabai is charged with the 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.
It is alleged that Muleabai on August 1, 2023 and September 31, 2023, in her capacity as Mayor of Livingstone City Council, corruptly solicited K120,000 from Mark Gabites, a cash gratification as an inducement to facilitate for 100 percent remission of property rates bills at Livingstone City Council, a matter or transaction involving Zamnuka Farming Limited, a private body.
It is also alleged that the Mayor corruptly obtained K180,000 from Mark Gabites, cash gratification as an inducement to clear off property rates bills of the same property.
By George Musonda
Kalemba July 15, 2025
