Ex-minister, Lusambo’s defence counsels challenge ‘second offender’ tag in fresh conviction

Lawyers for former PF Lusaka Province Minister, Bowman Lusambo, have argued that their client should not be classified as a second offender as the Lusaka Magistrates’ Court prepares to hand down his sentence.

Lusambo on Monday suffered another legal setback after being found guilty of possessing property suspected to be proceeds of crime, a ruling that places his multi-million kwacha assets, including a luxurious Chamba Valley mansion, at risk of forfeiture to the State.

The Anti-Corruption Commission (ACC) presented evidence that Farm No. 609, valued at K17.6 million, and six flats worth over K22.8 million were registered in Lusambo’s name and later valued at the Commission’s request.

During proceedings on Friday, the State argued that Lusambo was not a first offender, pointing to his November 2024 conviction where he was sentenced to four years’ imprisonment for corruption. Prosecutors insisted the prior conviction should be considered in sentencing.

But defence lawyer Jonas Zimba objected, contending that the principle of a second offender only applies if a new offence is committed after a conviction and sentence in the earlier case.

“The law is clear he court cannot simply classify my client as a second offender because of a past conviction,” Zimba told the court, adding, “There must be proof that the offence now before court was committed after the first sentence had already been served.”

He argued that there was no documentation to support the State’s claim, citing legal precedent in the Chomba case, which limits the application of the second offender principle.

The prosecution, however, maintained that it was within its rights to bring Lusambo’s prior conviction to the court’s attention. “It is up to the court to decide the weight to attach when passing sentence,” the State submitted.

Chief Resident Magistrate Davies Chibwili adjourned the matter to Monday.

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