Stanbic started Savenda bribery at court of Appeal

Stanbic started Savenda bribery at court of Appeal

Stanbic Zambia ltd has launched an internal witch-hunt following continuous revelations of how the bank bribed judges, bailiffs and other officials in the case in which the High Court found it negligent and ordered it to compensate Savenda management K192 million.

Meanwhile, one of the Court of Appeal Judges, Flavia Chishimba, who was paid to sabotage the course of justice and rule in favour of Stanbic has started moving her loot to Botswana, using her husband.

According to bank and intelligence sources, huge suspicious payments were made by Stanbic to a law firm owned by judge Flavia Chishimba and her husband when the case was active. It is believed that bribes for Court of Appeal Judges were channeled through Fraser Chishimba and associates as there is no corresponding service to back the transfers. The law firm was not part of the lawyers In the case but the wife was one of the judges.

Last Thursday, the Zambia Watchdog showed how Stanbic paid off the deputy sheriff of Zambia and other bailiffs to stop the process of collecting money as ordered by the high court. At this point, bailiffs had actually closed the bank as they were collecting money and property following the High Court order. Stanbic had even started paying and had paid K2 million to Savenda because the bank had not appealed to the Court of Appeal. Then Stanbic started the chain of bribery that culminated into bribing the Supreme Court.

Here is how the corruption kicked in. When the bailiffs pounced on Stanbic to collect the K192 million, Stanbic realised that they had not appealed. The bank also realised that the time within which they were allowed to appeal had expired. Remember the bank was seized by bailiffs at this point. The bank did two things; the first was to fire its lawyers and brought in State counsel Eric Silwamba. The second things was to bribe the deputy sheriff and her bailiffs to withdraw from the bank. See details at the far end.

Then, the Bank decided to start appealing ‘out of time’.

With valid, persuasive reasons, you can still appeal a case even if the stipulated time has lapsed. So Stanbic asked the High Court to allow it to appeal ‘out of time’, that is, after the allowed time had expired. The application was heard by judge Sunday Nkonde.He dismissed the appeal after finding that the reasons advanced by Stanbic for not appealing in time were invalid and unreasonable.

Stanbic appealed to the Court of Appeal. The matter was heard by Court of Appeal judge Justice Dominic Sichinga. After listening to both the bank and Savenda, he dismissed the appeal saying the reasons advanced by Stanbic were not valid and lame as the rules of the courts were very clear.

Stanbic through Silwamba then decided to re-appeal to the same court of Appeal but demanding that the matter be heard by the full bench, that is, more judges. And that is how bribes kicked in. Silwamba spoke to Court of Appeal president Justice Fulgency Chisanga. Justice Fulgency Chisanga is a former workmate of Eric Silwamba at Ellis and company. She is also a longtime lover of Silwamba. (details coming later).

Remember, this was not an actual appeal. It was a request to be allowed to appeal. Which means that, during this whole episode, the original High Court judgment was still in force and the bank could not obtain a stay of execution because the time to do so had expired. The bailiffs were supposed to be collecting money from the bank but because they had been bribed, they withdrew. This third appeal was heard by justice Fulgency Chisanga, her errand girl justice Flavia Chishimba and Justice Mubanga Kondolo.

With money in their pockets, justice Flugency Chisanga and her friend justice Flavia Chishimba decided to allow Stanbic to appeal despite the time having expired . Justice Mubanga Kondolo dissented saying Stanbic had no good reasons to appeal out of time. But he was alone against the two so Stanbic was allowed to appeal. Apart from allowing the bank to appeal, Silwamba’s girlfriend decided to go overboard to even grant Stanbic a stay of execution against Savenda pending appeal. Stanbic did not even apply for this stay of execution because at this time there was no appeal to pend for. What money can do!

So, when finally, the actual appeal was lodged, the outcome was predictable even if at least three judges of the court of appeal were against.

Meanwhile, intelligence sources have told the Watchdog that justice Flavia Chishimba has started moving the bribe money to Botswana. According to investigators, justice Flavia Chishimba received her bribes through her husband Fraser Chishimba, a fellow lawyer. Sources say Mr Chishimba was busy this week moving money to Botswana following revelations that judges were paid top dollars by Stanbic. Sources are wondering why huge sums of money were paid to the law firm owned by the judge’s husband when the matter was in court.

At the bank, an internal investigation has been launched to find out who is leaking data to the Zambian Watchdog. On Thursday, Charles Mudiwa, the former CEO of Stanbic Zambia phoned the current MD to ask how such guarded secrets from the bank could have been leaked. Mudiwa, A Zimbabwean was personally in charge of bribing bailiffs but was later moved to Kenya and replaced by a Motswana Leina Gabaraane.

In response to Mudiwa’s questions, Leina Gabaraanesaid he did not know but would investigate.

Next we shall explain why the bank discarded the deputy managing director to bring in Felix Mutati’ sister in law when Mutati was just appointed Finance minister.

HOW STANBIC BRIBED BAILIFFS TO STOP BALIIFS FROM RECOVERING MONEY

Separate evidence has surfaced on how Stanbic Zambia limited bribed bailiffs to stop the execution of a high court judgment.

In 2016, the Lusaka High Court ordered Stanbic to compensate Savenda management ltd K192 million for negligently and wrongfully reporting it to the Credit Reference Bureau.

After the judgement, Savenda engaged bailiffs to collect the money. Stanbic bank ltd immediately fired their lawyers Mwananshiku from MM Associates. It was at this point that Stanbic brought in Eric Silwamba and co after being advised that ‘if Eric Silwamba can’t do it, now one else can.’ This statement refers to Silwamba’s amazing ability to bribe judges.

The bailiffs had already moved in to collect money as ordered by the court. Stanbic decided to neutralize the bailiffs with bribes. Thus, on 21 September 2016, Charles Mudiwa, who was the managing director for Stanbic gave Charity Mulongwe K75, 000. Charity Mulongwe works in the Loans Recoveries Unit of Stanbic. Her phone number is 0979485873. At Lunch hour, Charity Mulongwe met Fridah Kanyanga ar Radisson Blue hotel and gave her the K75, 000. Fridah Kanyanga is the deputy Sheriff of Zambia.

On the same day, Stanbic head office ordered Manda Kabwe to urgently travel to Lusaka from Mufulira where he was working as branch manager. On 22 September 2016, she was given K50, 000 and told to deliver it to Mr Liyuwa, one of the bailiffs who were in the process of collecting money from Stanbic. Manda Kabwe’s mobile number is 0977135244. Mr Liyuwa’s number is 0977841721. Evidence of this corruption is traced to these numbers.

On the same day 22 September 2016, Wezi Luhanga was given K80, 000 by Mr Mudiwa to go and give the two other bailiffs who were working on the case.

On 23 September, bailiffs withdrew from Stanbic, this was far before the court appealed to the court of Appeal.

After this operation, Mudiwa was transferred to Kenya

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