Politics

ACC Appeals Nevers Mumba ‘Light’ Sentence

The Anti-Corruption Commission will not let Former Republican Vice President go scot free on his absolute discharge and wants him punished.

The ACC has appealed the decision by the Lusaka Magistrate Court seeking much heavier punishment for the clergyman turned politician.

FULL STATEMENT

ACC APPEALS AGAINST THE SENTENCE OF FORMER HIGH COMMISSIONER TO THE REPUBLIC OF CANADA DR NEVERS SEKWILA MUMBA

The Anti-Corruption Commission has appealed to the High Court against the sentencing of former High Commissioner to the Republic of Canada Dr Nevers Sekwila Mumba.

Dr Mumba, 58, was arrested by the Anti-Corruption Commission and charged with one count of failure to follow procedure contrary to section 34 of the Anti-Corruption Act No 38 of 2010 and acquitted on this count. He was also charged with two counts of abuse of authority of office contrary to Sections 99(1) of the Penal Code Cap 87 of the laws of Zambia and convicted on these two counts.

The appeal follows the conviction of Dr Mumba by the Magistrates Court on the two counts of abuse of authority of office contrary to Section 99(1) of the Penal Code Cap 87 of the laws of Zambia and handed down an absolute discharge.

The Commission has contended that the Magistrate Court erred at law when it made an order of absolutely discharging Dr. Mumba for misdemeanors when the law has provided for a punishment. The Commission has argued that the Court’s decision was in fact contrary to section 41 of the Penal Code Cap 87 of the Laws of Zambia which provides as follows:

“Where a Court by or before which a person is convicted of an offence, not being an offence the sentence for which is fixed by law, is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that is inexpedient to inflict punishment and that a probation under the Probation of Offenders Act is not appropriate, the Court may make an order discharging him absolutely or subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified therein”

Further, the Commission has submitted that section 38 provides a punishment for a misdemeanor which is either imprisonment not exceeding two years or a fine or both. This submission is supported by a decision in a case of the People V Grace Simutowe (1993) S.J.75 (H.C) which it was held that “ It would be improper for a magistrate to discharge a person conditionally or absolutely where the law provides a punishment.”

In a judgment delivered by Hon. Joshua Banda on 12th September, 2018  Dr. Nevers Mumba was discharged absolutely after finding him culpable for misdemeanors under section 99 (1) of the Penal Code Cap 87 of the laws of Zambia.

Timothy Moono

PUBLIC RELATIONS MANAGER

25 Comments

  1. Chambia

    A toothless fluffy ACC instead of arresting those who have misappropriated donor funds you are busy taking to court the defenseless you are just bit by bit showing the nation at large

  2. Chambia

    This is rubbish..

  3. GENIOUS SOGOLA JERE

    STILL LOADING……………….

  4. zizi zizou

    Acc,teach him a lesson that he will not forget for the least of his life.actual i recommend the job the ACC doing,continue bromping culprit they should not go free after all they have done to the Zambian people.we want other politician out there to learn the lesson.therefore,because they have money then they can do anything they want at the expect of the Zambian people and go free without facing the rath of the law.moreover,for a power just a slight mistake they behind bars without hestating.please acc work to the expectation of the Zambian people,thieves they are there under your noses who are saphoning govt resources as well as money meant for the power Zambian but they are not prosecuted.some they are like small wild dogs ,no matter how big a lion they will dare to elitate it until he leaves the caucus to them.however,if you are not strong they will do the same for them to be free from justice.

  5. Bruno mars the moonshine jungle master

    Hey people one day its you.You should respect the judgement

  6. Truth man

    That is what long fingers can bring. You see now,no peace of mind. Ati u bomba mwi bala eats in the field! Now you have been reduced to a convict.And the Acc are not satisfied with the lighter sentence ,They want you to go in for hard Labour. Ah! former man of God!You reap what you saw ,the Bible says.

  7. Tell

    Let him face the law.

  8. HOMMIE 24

    The ACC is one of the most corrupt institutions in the country

  9. Simayani Hitras

    This is a political issue,don’t take it as personal

  10. clamma cykjack

    just stop if do’nt know your work,rubbish.

  11. clamma cykjack

    just resign if do’nt know your work,rubbish.

  12. Mr. K

    Why set Nevers free when he was convicted of corruption? When is corruption going to be fought?

    • HH and KAMBWILI

      good move he needs to dance kalindula inside the fucker is stupid

  13. NGO

    Mmmmm ba acc instead arresting Ka Lungu stop fucking around with Dr Nevers

    • AMAFI

      good news

      • WITNESS

        I have overwhelming evidence against this ka chap kikikiki

        • CHIMENSE

          my friend I feel for you those OP guys will make you dance VIMBUZA and spray some chemical on your MACEHNDE kikikikikikiki yaaabaaa

  14. blues

    Thanks ACC for step taken in the name of justice for all. The man cannot just walk away as though he never committed any offence. Let’s not look at positions but the actual offence and sentence prescribed under the law.

    • MAGISTRATE

      IWE KA NEVERS MUMBA I NOW SENTENCE YOU TO 25 YEARS IMPRISONMENT WITH HARD LABOUR UZADYA BEANS YOWOLA KIKIKIKIKIKIKIKIKI YAAAAAAAAAAABAAAAAA

    • the prophet

      Ba blues,ACC are not serious.There are serious cases they need to follow,not this one

  15. NEVERS MUMBA

    twalikosa my worry is those boys they can fuck me im scared maweeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee

  16. Never mind

    This acc are selective in dealing cases, this is rubbish i have seen a minister is probe during when is in office.

  17. Never mind

    This acc are selective in dealing cases i have never seen a minister is probe during when is in office.

  18. The prophet

    ACC what is that,what do u want,why do u want nevers in jail?.I believe there are serious cases u can follow,not this one. The court have ruled.

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