Case overview
Wellington Simwanza and Queen Namfukwe, the accused persons in this matter stood charged with the offence of Theft contrary to Section 272 of the Penal Code Act, Chapter 87 of the Laws of Zambia. The duo appeared in the Mkushi subordinate court.
It was alleged that on unknown dates but between the month of July, 2024 and 10th September, 2024, the accused persons, jointly and whilst acting together with others unknown, did steal K198,770.20 the property of Nafika Multi purpose cooperative.
Legal proceedings
The accused persons pleaded not guilty before Hon. Simanya and the matter proceeded to trial and after trial they were found guilty as charged.
Among the witnesses who testified was Yvon Mambwe, the complainant in the matter who narrated to the court that in the month she cannot remember but in the year 2022, a co-operative called Nafika Cooperative was created. The cooperative consisted of 26 members. The executive members were, the first accused Wellington Simwanza as chairperson, Sarah Namukanzye as vice chairperson, the second accused Queen Namfukwe as treasurer and Babara Phiri as secretary.
In the month of April, 2023, a meeting was held where members of the said co-operative agreed to apply for a loan of K200,000 from Constituency Development Fund (CDF) for the purpose of starting a business. The loan was approved and money was deposited into the cooperative account at Zambia National Commercial Bank (ZANACO). The members were informed by the chair that the funds were in the cooperative account but the money was not shown or given to the members.
After a period of silence without any activity being done with the received funds, some of the members of the co-operative including Yvonne Mambwe the complainant decided to go to Mkushi Municipal Council where they complained of what had happened in their cooperative and they were advised to report the matter at Mkushi Police Station.
Lucy Banda a bank teller at Mkushi ZANACO branch testified that on 16th August, 2024, she attended to the first accused person and Babara Phiri who were both signatories to the said account. They withdrew an amount of K198,770.20 from Nafika Multipurpose Cooperative Account. She also confirmed that the money in the cooperative account came from Mkushi North Constituency Development.
Sentencing
On 28th May, 2025, the honourable magistrate convicted both accused persons and sentenced the first accused to 3 years imprisonment with hard labour and the second accused to 3 years simple imprisonment with effect from the date of sentence.
After sentencing, the Prosecution made an application for the forfeiture to the state of seized property including a house, a chicken run and a hammer mill. The matter involving the said forfeiture application has since been adjourned to 6th June, 2025 for a Ruling on the Application.