The unresolved crime of Stanbic, lawyers bribing judges

The unresolved crime of Stanbic, lawyers bribing judges

Last year we published the note below suggesting that Stanbic Bank and Eric Silwamba’ s law firm bribed senior judges to ‘trash’ a High Court judgment that ordered the bank to pay Savenda management K192.5 million.

In the note, Eric Silwamba was directing his courier to pay Supreme Court judges US$190, 000 each.

Judge Fluegency Chisanga received $290, 000 because she was also receiving on behalf of the chief justice. Judge Nigel Mutuna and judge Annie Mwewa Sitali (Constitutional court) were not mentioned on the bribery note because they received their loot in person at Chita lodge, formerly River Motel. The bribery note was signed by Eric Silwamba, Jalasi & Linyama Legal Practitioners (SLJ).

The owner of the handwriting in the note is indisputable. This handwriting is all over court documents and in government offices including police stations. But why hasn’t anyone taken up this matter? Instead, it is people who questioned this and demanded action that have been arrested?

In addition, law enforcement agencies have a recording (the watchdog also has it) in which Silwamba’s right handyman and courier of the proceeds of crime was boasting how the law firm ‘buys’ Supreme Court judgements. But no action has been taken to get to the bottom of this.

HERE IS THE BACKGROUND OF THE CORRUPTION AS PUB,LISHED BY WATCHDOG

Stanbic Bank Zambia is accused of bribing Supreme Court judges to trash a High Court judgment that ordered the bank to pay Savenda management K192.5 million.

In September 2016, High Judge Justin Chashi ordered Stanbic to pay Savenda K192.5 million for loss of business and vital contracts after Stanbic bank wrongly and negligently reported Savenda to the Credit Reference Bureau (CRC) for defaulting on instalments.

If your name or the name of your company appears on the Credit Reference Bureau (CRC), it’s almost impossible to get a loan or other financing from banks or other lenders because it is evidence that you are a bad debtor. When you apply for a loan, Banks and other lenders check whether your names appear on the Credit Reference Bureau.

In this case, Savenda obtained a US$540, 000 loan from Stanbic to buy a Printing Machine in 2007. According to records, Savenda was servicing the loan as scheduled, but the bank’s system could not capture these monthly repayments. Stanbic admitted the error and put it in writing that they would rectify the problem. But, the other department of the Bank reported Savenda to the Credit Reference Bureau (CRB) as a deliquescent borrower.

Savenda sued the bank.

The High Court found that the failure to capture the monthly re-payments were the bank’s fault and therefore ordered the bank to compensate Savenda for loss of business.

Stabic appealed to the Court of Appeal which decided that the damage suffered by Savenda was only nominal, that is very small or existing in name only and awarded Savenda K5000.

Savenda went to the Supreme Court, the last court.

In March 2018, three Supreme Court judges Nigel Mutuna, Michael Musonda and Evans Hamaundu dismissed the appeal by Savenda.

Surprisingly, the three judges did not just dismiss the appeal but instead decided to punish Savenda savagely. The Supreme Court ordered Savenda to pay Stanbic costs for all expenses the bank incurred from the High Court up to the Supreme court. The Supreme Court said Savenda did not suffer even nominal damages and that Stanbic did not breach any of its duties to Savenda. Though admitting that the matter was very important as it affects borrowers and lenders in Zambia, the Supreme Court said litigants like Savenda should not even be allowed in ‘our courts’.

But now it has emerged that the Supreme Court judges were biased and so aggressive against Savenda because they received bribes from Stanbic through the bank’s lawyer Eric Silwamba.

As this handwritten note shows, Eric Silwamba is directing his courier to pay the judges and two other supreme court judges USD $190, 000 each. The other judge was receiving the plunder on behalf of the Chief Justice as it was not clear at this point which judges would constitute the bench so everyone had to be taken care of. The handwriting has been verified as belonging to Eric Silwamba

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COMMENTS

WORDPRESS: 5
  • comment-avatar

    NOW ,it is clear that people bad mouthed Savenda on matters that should have in effect promoted the said company with a clean sheet, as a mutually bonafide prudent bent on offering our country unparalleled world-class products and services.
    How that MOH ignored tender procedure and award to Savenda, instead opting to buy Iveco buses from RSA, and Supreme Court u-turning an earlier court decision awarding Savenda compesation.

    This is really shocking and unbecoming of the highest court of our land.

    Is it possible that the people in our prisons are different from those judges receiving bribes from cartels of a known sort of corrupt element

    Sons of Samuel and Eli are good examples of those who swayed from the law and were punished for their double-sourcing attitude

  • comment-avatar
    Ngoma Yamaano 3 weeks ago

    Kenny,why dont you just push to have whistle brower protection laws in Zambia. A number of people with information may be hiding behind social media platforms due to limited protection to whistle browers. Some people who have come to question the behaviour of some judges have been threatened with prison sentences and had no option but to run away from the country in some cases. You should be pushing for the investigative institutions in Zambia to pursue the leads being given by ZWD instead of just saying ZWD is irrelevant. Push for relevant investigative institutions in Zambia to either prove if there is evidence to pursue the case or not.

    • comment-avatar
      Eneli 2 weeks ago

      It is a fact that 95 percent Judges are criminals,soon they will be judged.

  • comment-avatar
    Daphern 3 weeks ago

    Time will catch up with these people

  • comment-avatar
    Kenny 3 weeks ago

    ZWD dont be a coward. You are busy insighting people to take the lead when you are hiding behind the social media platform. Come out and represent the people since you seem to have all the facts at hand. How do you expect someone to just jump on the band wagon and lead the process when they know nothing besides the unverified notes you are publishing. Please be relevant and not irrelevant.