Former Zambia airforce boss jailed for 2 years

By CHARLES MUSONDA and KATEBE CHENGO

THE Lusaka Magistrates’ Court has sentenced former Zambia Air Force (ZAF) Commander Sande Kayumba to two years imprisonment with hard labour for abuse of authority of office. This is the second time the same court has jailed Kayumba for corrupt practices within two months.

On March 3, 2009, Lusaka High Court deputy director of operations, Edward Musona, sentenced Kayumba to seven years imprisonment with hard labour in a case in which he was jointly charged with former ZAF chief of logistics Andrew Nyirongo and Base Chemicals chief executive officer Amon Sibande for corrupt practices.
Delivering judgment yesterday, chief resident magistrate Charles Kafunda found Kayumba guilty on one count of abuse of authority of office, contrary to section 99(1) of the penal code.

Particulars of the offence are that on unknown dates but between March 18, 2001, and April 24, 2001, Kayumba, being a person employed in the public service as ZAF Commander, abused his authority of office. It is alleged that Kayumba directed or authorised purchase of a Toyota Land Cruiser Lexus Cygnus, registration number AAX 1176 and ZAF 3471B, in breach of laid down procurement procedures. Kayumba later acquired the vehicle as part of his retirement package when he retired in June 2002.

In his judgment, Kafunda also ordered forfeiture of the vehicle to the State on grounds that it is a proceed of an illegal transaction in which the Government lost over US$50,000.

Kafunda said the vehicle will be auctioned and ordered Kayumba to pay the balance between US$50,000 and the amount for which it will be sold.
He said Kayumba will settle the amount as compensation to Government and that should he fail to pay, the court will issue a warrant of distress to recover the money.
During trial, the court heard that Mazabuka Central Member of Parliament Garry Nkombo introduced a Mr Souleymane Mohamed to Kayumba. Mr Mohamed was selling a motor vehicle.

Evidence on record showed that Mr Nkombo, who is Kayumba’s brother-in-law, made the introduction because he had some information that ZAF wanted to buy a personal-to-holder vehicle for Kayumba.

They later had a meeting in Kayumba’s office and after the latter saw the vehicle Mr Mohamed was selling, he was not pleased because he wanted a top of the range model.
Mr Mohamed consequently offered to supply Kayumba’s preferred choice on condition that he should be given US$90,000 down payment.
Kayumba later authorised a down payment of K209 million, and ZAF later paid Mr Mohamed K98.7 million in two instalments.

Mohamed and Mr Nkombo then travelled to the United Arab Emirates where they sourced the vehicle that was supplied to ZAF.

At that time, the procurement threshold for ZAF was K30 million and any purchase exceeding the threshold had to be referred to the central tender committee of the then Zambia National Tender Board by the Ministry of Defence permanent secretary.
According to evidence of Toyota Zambia managing director Andrew Marshal, the estimated value of the vehicle Mr Mohamed supplied was US$31,000 at that time and that a brand new vehicle of similar type was going for US$54,000.

Kafunda found that it is a fact that Kayumba was employed in public service because defence forces are part of Government. He said it appears clear that Mr Nkombo had inside information on ZAF’s intention to procure the vehicle and upon knowing of a possible market at ZAF, he introduced Mr Mohamed to Kayumba.
“The procurement ought to have been referred to the central committee of the Zambia National Tender Board, but the accused person caused the vehicle to be purchased at a price that was 10 times more than the ZAF threshold,” he said.

Kafunda said as Commander, Kayumba should have been aware of the ZAF procurement threshold. He said Kayumba used the regime of orders and directly ordered officers to facilitate procurement and payment for the vehicle, which he said was greatly overpriced. He said the US$50,000 loss in public funds was arbitrary and prejudicial to the interests of Government and that the act could have been avoided if correct procedures were followed.

Kafunda said the prosecution had proved the charge of abuse of authority of office beyond reasonable doubt. He said it is clear that Mr Mohamed unjustly gained from the transaction involving a second-hand vehicle.
“The accused person, in his act, abused his authority of office for purpose of unjust gain and I consequently find him guilty of a felony,” Mr Kafunda said.
In passing sentence after Kayumba’s mitigation, Mr Kafunda said the offence carries a maximum of three years imprisonment with hard labour, and that as a first offender Kayumba is entitled to lenience.

But he found the amount of money lost by Government to be an aggravating factor and that since such offences are prevalent, it is imperative to pass a sentence that will deter other civil servants from engaging in such acts. He granted Kayumba leave to appeal against the judgment.

Security officers escorted Kayumba, who was walking with the aid of crutches because of a problem with his left leg, to the Zambia Police holding cell after the judgment.