FORMER High Court Judge Wilfred Muma, facing charges of willful failure to comply with land allocation procedures and abuse of authority, yesterday opened his defense by claiming that State witnesses testified against him out of bitterness after being removed from their positions.
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Testifying before the Lusaka High Court, Muma, who served as Commissioner of Lands, denied allegations that he unlawfully instructed subordinates to cancel Certificate of Title No. 21818, which pertained to public property, without following legal protocols.
Muma told the court that many of his former subordinates were transferred to various ministries shortly after his appointment as Commissioner of Lands, leading to their resentment.
“Most of them left in bitterness,” he stated, recalling feeling uncomfortable with those movements as they occurred seven months into his tenure.
He specifically cited former Chief Registrar Lynn Haabanji, who testified against him, as one such individual.
According to Muma, Haabanji was surrendered to Cabinet Office for redeployment.
Muma challenged Haabanji’s testimony, expressing shock at her claims that the Ministry of Lands was responsible for zoning and calculating consideration fees.
He asserted that Haabanji misled the court.
“The office of the Commissioner of Lands does not micromanage, other duties are very technical. I was shocked in particular where she alluded to her duties that they include identification of land for allocation to eligible Zambians and other entities as prescribed by law.”
“She went on and said her other duties were, expression of leases on behalf of the President. Here, on expression of leases is a statutory function of the Chief Registrar of Lands and Deeds, it’s a sacred function and is only exercised by the Chief Registrar or registrars under the lands of deeds,” he said.
Muma faces two counts: one for willful failure to comply with the law and applicable procedure relating to the allocation and disposal of public property, and another for abuse of authority of office.
The court previously found Muma with a case to answer.
He is accused of unlawfully instructing the Zambia Army commander to surrender the certificate of title for property number Lusaka/LN-8426/1.
This land, a portion of Chikoleka Forest on Chitukuko Road in the Woodlands area, was allegedly subsequently offered to the Patriotic Front (PF) party in 2018 during his time as Commissioner of Lands.
In the first count, Muma is accused of violating Section 84(f) of the Lands and Deeds Registry Act by ordering the cancellation of Certificate of Title No. 21818 without adhering to legal procedures.
The second count alleges that he abused his authority by facilitating the transfer of this property to the PF, an act deemed detrimental to government interests.
During earlier proceedings last year, the court heard how Muma allegedly breached procedure when he requested the Zambia Army commander to surrender the title for the Chikoleka forest land, which he then issued to the Patriotic Front.
Haabanji, in her previous testimony, stated that the PF was issued 6.0352 hectares of land for a 99-year period as a medium residential plot, despite such a large parcel typically being designated for small holdings or commercial property.
She also revealed that the Ministry of Finance, the title holder on behalf of the Zambia Army, was not informed about the request to surrender and cancel the title.
Haabanji emphasised that instructions from the President to repossess a title must be in writing.
The land was leased to the Ministry of Finance on behalf of the Zambia Army by former President Edgar Lungu in May 2016 for 99 years and was registered on May 30 of that year.
The defense in the case continues.
By Lucy Phiri
Kalemba July 16, 2025
