DESPITE pleading for leniency with the court since he is a first offender and a family man, a magistrate sentenced former Development Bank of Zambia managing director Samuel Bwalya to one year and three months imprisonment with hard labour.
Bwalya was jailed yesterday for abusing K781, 000 in public funds after paying the money for his children’s school fees.
Lusaka Magistrate Faides Hamaundu said despite noting Bwalya’s mitigation and the fact that the money in question was recovered, she needed to impose a deterrent sentence on the convict.
Magistrate Hamaundu notes that cases of abuse of funds have become prevalent.
Bwalya was facing 12 counts abuse of authority.
Allegations were that on multiple occasions but between May 1, 2020 and July 30, 2021, Bwalya while working as a public officer in his capacity as managing director, arbitrarily directed payments of school fees for his children abroad using public funds.
It was alleged that using public funds, the accused made 12 separate payments of £15, 980, equivalent to K417, 900.97; R106, 324, equivalent to K132, 435.09; and R90, 205, equivalent to K130, 709.94.
Other payments were R35, 160.61 equivalent to K39, 028.28; K10, 540, K9, 000; K8, 111.50; K8, 420; K6, 980; K6, 840; K6, 560; and K4, 670.
The funds were paid to different schools in the United Kingdom, South Africa, and Zambia.
It was alleged that Bwalya’s decision to direct the cited payments was prejudicial to the interests of government.
When Bwalya appeared in court, he denied all the allegations and the state called about 11 witnesses to testify against him.
Passing judgement, magistrate Hamaundu found that in April 2020, K781,000 was paid as school fees for the convict’s children against conditions of his employment contract.
“The contract did not indicate his allowances but that of his predecessor. The accused had allowances but not education allowance
” There is no section that shows that he deserved allowances in the contract, ” magistrate Hamaundu said.
“I find that he was not qualified to get the education allowance as claimed. It was his predecessor who was entitled
“Further evidence shows that invoices to his children fees where submitted,” magistrate Hamaundu said.
“I have found the accused guilty in all the counts and I convict him accordingly,” magistrate Hamaundu said.
From counts one to 12, the court imposed a 15 months imprisonment with hard labour on each count but to but to run concurrently.
(Mwebantu, Saturday, 25th March, 2023)
