19/04/2022
STATE HOUSE NEGOTIATED THE IMMUNITY FROM PROSECUTION GRANTED TO MILINGO LUNGU
"Bradford Machila, Christopher Mundia, Mulilo Kabesha and Marshal Muchende led the negotiations," reads the petition.
Lusaka-19th April 2022
The State led by State House Principle Private Secretary, Bradford Machila and State House Special Asistant for Legal Affairs, Christopher Mundia led negotiations with former KCM Liquidator, Milingo Lungu to vacate his office in exchange for immunity from criminal prosecution and the return of his seized assets as they were legitimately earned.
This is according to a legal suit taken by Mr. Milingo against the State and the Drug Enforcement Commission (DEC).
Mr. Milingo has requested the Lusaka High Court to compel the DEC to uphold the immunity from prosecution granted by the Director of Public Prosecutions (DPP) on matters related to his role as Provisional Liquidator of Konkola Copper Mines.
He has also requested the Court to compel the DEC not to further investigate, arrest and prosecute him on matters that form part of the indemnity.
Mr. Milingo has also sworn in the affidavit that he will demonstrate to the Court that the commissions he earned from running Konkola Copper Mines (KCM) which earned $1.2billion during the period, were legitimate and in accordance with the signed Remuneration Agreement.
He said the commissions he earned were for the period between 21st May 2019 and 17th March 2021.
He said following his refusal to vacate office after an announcement about his illegal removal as the court-appointed Provisional Liquidator, State agents approached him to engage in formal negotiations for his smooth exit.
He said a crisis arose at KCM as the newly appointed liquidator had no legal mandate to access bank accounts, assets and operations of KCM.
In the subsesquent negotiations led by Mr. Bradford Machila, Mr. Christopher Mundia, Attorney General, Mulilo Kabesha, Solicitor General, Marshal Muchende, Director of Public Prosecutions Lillian Fulata Siyuni and Natasha Kalimukwa-Administrator General, the parties agreed to a forensic audit that would lead to the dropping of the criminal charges against Mr. Milingo and an indemnity or immunity to prosecution.
Milingo also stated that it was unreasonable and an abuse of the criminal process to arbitrary arrest and seize assets on charges that have not been complained against or formed as criminal by KCM.