MWANDI MP ELECTION PETITION: WITNESSES ADMIT RECEIVING MONEY, VOTING FOR KAINGU
By Andrew Mukoma
Former Mwandi Local Court Magistrate Humphrey Sifali has admitted to participating in bribery during the August general elections, while maintaining that he remains a supporter of Independent Mwandi Member of Parliament Iris Kaingu.
Sifali, 41, made the admission before Judge Willie Sinyangwe of the Mazabuka High Court, sitting in Mongu, during cross-examination in a petition in which losing UPND candidate Sibeso Sefulo is seeking the nullification of Ms Kaingu’s election over alleged bribery and corrupt practices.
Responding to questions from Ms Kaingu’s lawyer, Isaac Simbeye, Sifali admitted that he had engaged in corrupt practices and bribed voters while working with a woman identified as Bama-zunda during the election campaign.
Asked whether he agreed that he was corrupt, Sifali denied the characterisation despite admitting to participating in bribery.
He, however, told the court that he had no evidence showing that Ms Kaingu had instructed him to bribe voters.
Sifali said he wished to see Ms Kaingu’s election nullified, although he remained her supporter.
“Is there anything that has changed for you not to support Iris Kaingu?” Mr Simbeye asked.
“No, I am still her supporter,” Sifali responded.
He denied allegations that he was testifying against Ms Kaingu to persuade the petitioner to facilitate the withdrawal of an assault case in which he is on police bond.
The former magistrate confirmed that he had been invited by Ms Kaingu’s father, Michael Kaingu, to join his daughter’s campaign team and had received K1,000 from him, but maintained that there was nothing wrong with the financial gift.
Sifali also told the court that he had reminded Mr Kaingu about an outstanding K1,000 donation to the Resurrection United Church of Zambia (UCZ) Choir, which was subsequently sent.
He, however, denied being the person who instructed Mr Kaingu to send the money.
Asked whether he had been dismissed from the Judiciary over a ruling involving compensation of a wife with 70 head of cattle, Sifali said he could not remember the circumstances, as it had been a long time since he left the Judiciary.
He denied that his dismissal was related to corrupt practices.
Sifali further told the court that he had no evidence to substantiate allegations that Mr Kaingu bribed young voters on election day.
Meanwhile, Mwandi UPND youth chairperson Kashweka Lisulo, 43, of Mutuwapafa Village, told the court that he voted for Ms Kaingu because she had contributed K1,000 towards a wedding for a ward chairlady’s son.
Lisulo denied that his decision amounted to corruption or that he had betrayed Ms Sefulo by voting for an independent candidate.
He also told Judge Sinyangwe that he could not read or write English, despite having earlier testified that he wrote the witness statement filed in court as part of his evidence.
In another development, Judge Sinyangwe warned Ms Sefulo against interfering with a witness while she was testifying, threatening to eject her from the courtroom if the conduct continued.
The warning followed an objection by Ms Kaingu’s lawyer, Likando Kalaluka, who accused people in the public gallery of disturbing a witness during cross-examination.
The witness, Regina Likando, 49, of Lutaba Ward, told the court that she saw Mapulanga Kanyemvu distributing money to people in the queue at Namuzungu Polling Station on August 13.
Likando said she received and spent the money and did not report the incident to the police.
She testified that she had been among those preparing food for UPND polling agents on election day and that the polling station remained open until 23:00 hours.
Likando said she had voted at about 16:00 hours but received the money at approximately 23:00 hours.
She initially indicated that she had voted for Ms Kaingu in accordance with instructions, despite being a UPND chairlady, before stating that she had chosen the independent candidate because she considered her a better candidate.
Asked why she voted for Ms Kaingu despite President Hakainde Hichilema’s reported instructions to UPND members not to vote for independent candidates, Likando attributed her decision to the influence of money.
She acknowledged that she had been dishonest but maintained that dishonesty was not part of her character.
During further cross-examination by Mr Kalaluka, Likando’s response concerning an alleged K500 payment to testify against Ms Kaingu sparked disagreement in the courtroom.
Ms Sefulo’s lawyer, Mulenga Mwango, attributed the confusion to difficulties in interpreting the question into Lozi, while Mr Kalaluka maintained that the witness had been disturbed by the audience and had changed her response to indicate that she received K500 from Ms Kaingu’s agent, Mr Kanyemvu.
Judge Sinyangwe agreed with Mr Kalaluka’s concern about interference with the witness.
“I have also noted that the petitioner is interfering with the witness. I want to ask her to move away from behind the witness dock. If this continues, I will chase you from my court. The essence of a witness is to give testimony to court,” Judge Sinyangwe said.
And UCZ Resurrection Choir secretary Sikombwa Muyembi, 40, a teacher, told the court that she had received K1,000 from Humphrey Sifali, a witness who had testified earlier in the day.
Muyembi said Sifali had not been truthful when he denied giving her money donated by Ms Kaingu at the church.
During cross-examination by Mr Kalaluka, Muyembi said she voted for Ms Kaingu because of the candidate’s gesture in donating money to the church, which serves congregants from several wards in Mwandi.
Asked whether the word “gesture” in her witness statement could be replaced with “corruption”, Muyembi rejected the proposed substitution.
She, however, acknowledged that the money had been obtained corruptly.
Asked whether the choir had been corrupted, Muyembi said it had not.
She similarly denied that the UCZ was corrupt but acknowledged that her own conduct in receiving the money amounted to corrupt practices.
Muyembi said she would consider it wrong for her to be reported to the police or the Anti-Corruption Commission over the matter.
She also confirmed that she had not reported Ms Kaingu or her father to either institution.
Ms Kaingu is represented by Isaac Simbeye, Violate Munasinyangwe and Rebecca Muswana of Malisa and Partners, alongside Likando Kalaluka of Likando Kalaluka and Company.
Ms Sefulo is represented by Chimanga Mbulo and Mulenga Mwango of MAK Partners, while the Electoral Commission of Zambia is represented by Silas Mambwe and Amos Siwila of Mambwe Siwila and Lisimba Advocates.
The petition seeks to have Ms Kaingu’s election as Mwandi Member of Parliament nullified over alleged electoral bribery and corrupt practices.
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