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Lawyer Makebi takes on Congolese Witness in Malanji case

Filed under: Politics,Special Comments |
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Makebi Zulu (left) talking to his Client Malanji (left) outside Court

The People Vs Fredson Yamba and Joseph Malanji before Magistrate Hon. Ireen Wishimanga

CROSS EXAMINATION
MAKEBI ZULU- Witness, tell us your qualifications.
Charles Kabozya-I studied law at the University in DRC. it was one of the 3 public universities.
Makebi Zulu- how long have you worked in the Public Service.
Charles Kabozya- since 1999.
Makebi Zulu -the DRC practices an inquisitorial system where the Magistrate investigates and prosecute?
Charles Kabozya- Yes. But there are sensitive cases that require the Prosecutor General to intervene.
Makebi Zulu-When did you become aware of the matter?
Witness allowed to refer to a submitted report.
Charles Kabozya- The letter from the High Court since 21st December, 2022.
Makebi Zulu – Let us go through the Report. Go to Page 6 of P42. Read the letter.
Charles Kabozya- it’s not a letter. It’s a PV.
Witness reads the document.
3rd day
August 2023, I Charles Kabozya Lwanga, from the Public Ministry and the Advocate of the Court of Appeal of Katanga…
Makebi Zulu- Is this is you introducing yourself?
Charles Kabozya- witness continues to read… Mukelabai Kwaleyela a Zambian citizen,
Makebi Zulu- you stated that you received a Zambian national, born on 18th October 1973, is that what you are saying in the Report?
Charles Kabozya- Yes. Mukelabai Kwaleyela. He was born on 18th October, 1983, born in Gwembe, son of Godfrey Simwenda Kwaleyela, who has passed on, and Esnart Hantontola. His professional is that of a Senior Assistant Police Commissioner, Anti-Money Laundering Investigations Unit.
The passport number is ZN…issued in Lusaka on 9th January, 2019, which is valid for ten years. He was residing at Sky Lodge Hotel in Lubumbashi and in Zambia he resides at Plot no.26/60, Mumbwa Road, Garden House, Lusaka.
He is on phone number,+260965861186 and he made the declarations in English.
His English to French was translated by Mr. Charles Mukupa from the Zambian Consulate who also gave his number as 09951888467.
Charles Kabozya- I asked Mr. Kwaleyela: “Kindly confirm if you were sent by the government of Zambia concerning a matter regarding Mr. Joseph Malanji?”
Makebi Zulu -Let’s go to question two.
Charles Kabozya- I asked him. Are you the one who has brought to us the free photo copies, which the case no RI0066.
He answered yes. I asked him: “Who is Joseph Malanji?”
Ans; He is a Zambian national, a former Minister of Foreign Affairs under the former regime of President Edgar Lungu.
Makebi Zulu -I’m happy with the manner the procedure has taken.
Makebi Zulu- Who signed the documents? Who signed the Report?
Charles Kabozya- I signed it.
Makebi Zulu- so this document was generated by you and Mr. Mukelabai?
Charles Kabozya- yes.
Makebi Zulu- Confirm that this information in the PV is all the communication given to you to investigate the matter? You were given copies.
Charles Kabozya- your question is complex. Even the bible has copies.
Makebi Zulu- Where you given information or documents to investigate Gibson Power Systems?
Charles Kabozya- I don’t know that Company. You are asking me the questions and you are not allowing me to explain.
Makebi Zulu- Simply answer the questions.
Makebi Zulu- Let us go to the report. Page 1 starts with identity of the accused? What is the identity of the accused person according to your Report.
Charles Kabozya- the accused is Joseph Malanji, former Minister of Foreign Affairs in Zambia.
Makebi Zulu- in your report you are telling us you were investigating Joseph Malanji.
Tell us in Congo do you arrest then investigate or investigate then arrest?
Charles Kabozya- We investigate first. But I need time to explain.
Makebi Zulu- Just answer yes or no. Have you met Mr. Malanji before?
Charles Kabozya- I have never met Mr. Joseph Malanji.
Makebi Zulu- you said you were investigating the case of money laundering?
You were investigating Hon. Malanji on this matter?
Charles Kabozya- yes.
Makebi Zulu- What was the objective?
Charles Kabozya- this was a response from the DEC Anti-Money Laundering Investigations Unit.
Makebi Zulu- Is this matter being dealt with in the courts of law in Congo…Reads court case number.
Now tell us in the statement that the delegation comprising Wankumbu Nalalwamba and Mukelabai Kwaleyela?
Read the paragraph referring to this matter.
Charles Kabozya- Under guidance from the Prosecutor General, through his letter number …..the Zambian delegation represented by Mukelabai Kwaleyela and Wankumbu Nalalwamba, was opened at the General Court under the High Court of Katanga in order to recover certain elements related to incrimination under the defendant, Zambian Joseph Malanji.
Makebi Zulu- You agree that the case that was opened in Congo related to Joseph Malanji?
In this letter you are saying, Mr. Malanji became extremely wealthy through the acquisition of great material value.
What assets of material value are these?
Charles Kabozya- allow me to explain. When the case is written RI, it is a case to be subjected to investigations. It has not been investigated yet.
I want to explain our procedures. Allow me to explain.
Makebi Zulu- Witness, answer the question. The procedure is for you to answer the question.
Magistrate Ireen Wishimanga guides – Witness, kindly answer the questions. We understand your procedures are different. But our procedures are that you answer the question that are being out to you. There is an opportunity for you to come and explain in re-examination.
Charles Kabozya- I want to say something Your Honour. In Congo someone who is accused is different and has not been condemned. Here we have a case of an innocent person who has not been heard or has not been brought to court.
Makebi Zulu- I like the Congo system. After Hon. Malanji was in Office, former Minister of Foreign Affairs became extremely wealthy through the visible acquisition of certain material of great value. And I asked the question.Whatvare those goods?
Charles Kabozya- I cannot say yes, I don’t know what to say as I’m representing my country.
Makebi Zulu- What are these goods of great value?
Charles Kabozya- I want to explain. I didn’t come to Zambia to investigate these matters. A delegation came from Zambia. They said to me that this man has a mine and mining company and the money that was in the bank in DRC.
Makebi Zulu- So you were told. Tell us in your investigations did you establish if Mr. Malanji has a mine?
Charles Kabozya- they merely submitted documents. I haven’t mentioned Mr. Malanji. I have not spoken to him as an investigator. Malanji was never interviewed or investigated in our country.
Makebi Zulu- did you find that he has a bank account with a lot of money?
Charles Kabozya- According to these documents, No. I never interviewed him to establish if he has bank accounts in DRC.
Charles Kabozya- reads another paragraph; After being interrogated, the accused Joseph Malanji, let me explain..the interrogations were done by Zambia and not by Congo.
Makebi Zulu- You are saying that the documents came from the Zambian courts? Which documents are you referring to?
Charles Kabozya- you have to ask the delegation that came from Zambia, as I don’t know where the documents came from.
Makebi Zulu- so the information was merely given to you by Mr. Kwaleyela and Ms Nalalwamba?
Let me go to the set of documents. I want us to deal with P43.
As you are looking at P43. Look at Page 4.
Makebi Zulu -instructions were given to you on what exactly you were expected to do. For context, kindly read the sentence starting with “Request Joseph Malanji”.
Charles Kabozya- Kindly refer to the above matter. As you may be aware, two officers from the DEC Anti-Money Laundering Unit visited your office where they requested for assistance to investigate the matter.
This is after the Attorney General, there was need to establish that some documents referred to information from the Bank.
We therefore request that you may request from the bank the following;
1. officially confirm the nine payments group were issued by the bank.
2. Providee mandate file for China Civil Engineering and provide directors and address.
3. Provide mandate files for Mass Investment Group and business address.
Makebi Zulu-These were your terms of reference?
Charles Kabozya- that is you conclusion.
Makebi Zulu- what is this letter is asking you to do?
Charles Kabozya- this letter was written to the Prosecutor General by the Zambia Embassy in Lubumbashi.
Makebi Zulu- so this was the mandate? Was this your mandate?
Charles Kabozya- I only had documents from the Zambian Embassy. I cannot receive instructions from the Zambian authorities. We advised that they went to the Foreign Affairs Ministries and the Minister would instruct our Prosecutor General. This is what was supposed to be followed for the task to be followed up or investigated.
Makebi Zulu-this is your report. Answer my question. How did this letter come in your possession? It is in your report.
Charles Kabozya- the Prosecutor General gave me the letter. It is written REF….
Makebi Zulu- It is the Prosecutor General who gave you the letter?
Charles Kabozya- begins to read the letter. I want to explain. I was merely acting on instructions. The Prosecutor General put this letter in the file.
Makebi Zulu- According to the letter in the dossier, what is it you were directed to do?
Charles Kabozya- this letter came from the Zambian authorities. It cannot direct me to do anything.
Makebi Zulu- Witness, you will be on the stand for a long time.
Magistrate Wishimanga- may be Counsel, rephrase the question.
Makebi Zulu-Your Honour, let me go around it differently. Witness where are the instructions from the Prosecutor General?
Charles Kabozya- I couldn’t move with these documents. The reality is that according to this letter. Can you truly believe that a letter from Congo Embassy in Zambia can give instructions to the Judiciary or Prosecutor in Zambia?
It is just out of respect that the letter from Zambian authorities is in my report.
Makebi Zulu- So other than the letter from Zambia, you have no instructions from the Prosecutor General to investigate this matter?
Charles Kabozya- no.
Makebi Zulu- Does Mass Investments exist in Congo?
Charles Kabozya- Yes.
Makebi Zulu- Does China Civil Engineering exist in Congo?
Charles Kabozya- Yes.
Makebi Zulu- Raw Bank?
Charles Kabozya- Yes.
Makebi Zulu- But you said in your earlier statement that the Company Registrar couldn’t confirm the existence of these companies.
Charles Kabozya- the process would have taken a long time as the office of the Department of Registrar of Companies, is in Kinshasa.
Makebi Zulu- So you didn’t get the documents from the Registrar of Companies? Do you know when Mas Group was registered?
Charles Kabozya- we said the life of the company was confirmed by the Bank.
Makebi Zulu- Do you know when the company was registered?
Charles Kabozya- no I don’t know. But the Bank confirmed.
Makebi Zulu- is Mas Group company a mining company?
Charles Kabozya- I don’t know. I didn’t say it was a mining company. You can request the Court here to ask from DRC.
Makebi Zulu- do you know if Mas Company is a mining company?
Charles Kabozya- I’m a Magistrate who receives information for investigations. I do not register companies.
Makebi Zulu- do you remember that you said for a mining company to operate in Congo it needs to be registered?
Makebi Zulu produces the copy of registration of the company and gives it to the Witness.
Charles Kabozya- the document is unclear. Switches on the torch of his phone to read.
Makebi Zulu- what is the document saying?
Charles Kabozya- declaration of the constitution of a moral person or of opening a secondary establishment or of opening of an office of the moral person from a foreign country.
Makebi Zulu- this document demonstrates the registration of different companies in DRC.
Charles Kabozya- I don’t want to pronounce myself on the document that has not come from me.
Makebi Zulu- what is the status of the document.
Charles Kabozya- is it because I’m coming from Congo that I should pronounce on every document from Congo. I want to be sincere and what I know. I’m not here to satisfy.
Makebi Zulu- do you see the name Mass Investment?
Charles Kabozya- Can he ask me about this?
Magistrate Wishimanga; Yes he can ask you.
Charles Kabozya- I request this court to protect me. I’m a witness. I have been sent by the DRC Government.
Makebi Zulu- Please answer.
Charles Kabozya- I can withdrawal my testimony. I can go to the DRC Embassy. The questions you asking me are for the accused persons. I’m not the accused person.
Makebi Zulu- Yes it’s your option.
Magistrate Wishimanga; Ask him if he can read the document. Maybe ask him if he is aware.
Makebi Zulu- my question on behalf of the accused. Are you aware that Mas Investment was incorporated in DRC on 19th November 2015.
Charles Kabozya- I don’t know. I don’t want to know.
Makebi Zulu- do you know the directors of Mas Investment.
Charles Kabozya- No I don’t know, I didn’t search.
Charles Kabozya- DRC has got so many companies that I can’t know the directors and shareholders of the companies.
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