Lusaka Lawyer Milingo Lungu has revealed that Solicitor General Marshall Muchende State Counsel, wrote a letter to the Director of Public Prosecutions Lilian Siyuni State Counsel requesting her to adjourn a criminal matter before Magistrate Felix Kaoma to facilitate the conclusion of the KCM negotiations.
And Milingo has insisted that the bargaining agreement was spearheaded by President Hakainde Hichilema’s Principal Private Secretary Bradford Machila and Special Assistant for Legal Affairs Christopher Mundia among others.
This is in a matter where Milingo has applied for a stay of criminal proceedings against him before the Magistrates’ Court pending hearing and determination of his petition.
However, the State has asked the Constitutional Court to dismiss his application to stay the criminal proceedings.
In response to the State’s application to dismiss his petition, Milingo has filed an affidavit in reply to affidavit in support of the respondents answer to the petition and opposition to the affidavit verifying cross petition dated May 4, 2022.
In this affidavit, Milingo the former KCM Provisional Liquidator has named others as Attorney General Mulilo Kabesha State Counsel, Solicitor General Marshall Muchende State Counsel, Director of Public Prosecutions Lilian Fulata Siyuni State Counsel and Natasha Kalimukwa Administrator General as people who spearheaded the meeting that negotiated the deal leading to his resignation.
According to Milingo, the bargain agreement led to his resignation as provisional liquidator, to enable him participate in the audit to reconcile his renumeration fees and any monies drawn with full and frank disclosure in exchange of the payment fees due as outstanding and dropping of any criminal charges and immunity/ indemnity, from prosecution in respect of any acts or omissions done in the performance of his duties as Provisional Liquidator of KCM.
He stated that his resignation was not unconditional as alleged by the Attorney General, saying the terms agreed in the meeting were reduced into two agreements, namely the consent settlement agreement dated 17 th March, 2022 and the Immunity/Indemnity agreement dated 22nd March 2022.
“That I am aware that following circumstances surrounding the bargain refered to above and in response to paragraph 13 of the affidavit in support, the DPP was well within her powers to issue a nolle prosequi. That I am advised by my advocates and verily believe the same to be true that contrary to paragraph 18 of the affidavit in support, the immunity/indemnity agreement refered to therein is valid and therefore, not illegal, not against public interest, is not void or unconstitutional,” Milingo stated.
And according to a letter dated January 7, 2022, addressed to the Director of Public Prosecutions (DPP) under the heading The People V Milingo Lungu, Muchende stated that his office was engaged in negotiations with the legal representatives of Milingo to buttress a decision for him to resign from his position as provisional liquidator for Konkola Copper Mines PLC (In Liquidation).
“It has been brought to our attention that there is a matter in which Mr. Milingo is scheduled to appear for plea on Monday 10th January, 2022, in the Lusaka Subordinate Court. We seek your indulgence to consider postponing the taking of plea to the 17th January, 2022, to allow my office, in collaboration with yourselves engage in and possibly conclude the afforemationed negotiations,” Muchende stated.
The said letter was also copied to Director General of the Drug Enforcement Commission (DEC) Mary Chirwa.