By 
Former Lusaka Province Minister Bowman Lusambo remained silent as the High Court of Zambia upheld his conviction and four-year sentence with hard labour, dismissing all grounds of appeal.
The ruling confirmed the earlier decision of Faides Hamaundu of the Lusaka Magistrate Court, who found Lusambo guilty of unlawful acquisition of public property, possession of suspected proceeds of crime, and tax evasion. Lusambo filed the appeal while serving his sentence at Mwembeshi Correctional Facility.
Delivering the judgment, Justices Anne Malata-Ononuju, Pixie Yangailo and Susana Wanjelani noted that Lusambo had exerted influence to allocate a property in Ndola, identified as L/39876/M, to Frontier Management Services Limited, a company in which his wife, Nancy Manase, was a director. The land, initially 10 hectares but later reduced to 2.5 hectares due to encroachment, was public property held by Ndola City Council.
“It is our considered view that the appellant exerted authority on officials to ensure the property was allocated,” the court ruled, adding “The conduct of the appellant was a clear abuse of authority and the acquisition was done corruptly by virtue of his public office.”
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On the possession of suspected proceeds of crime, the court found Lusambo had dominion over K880,000 deposited into a First National Bank account to facilitate the purchase of a Range Rover. The alleged loan from Jack Mwansa was “never substantiated by credible evidence,” the court said.
“The appellant’s explanation lacked corroboration and was unsupported by bank records or independent documentation,” the bench observed.
Regarding Silverest Gardens properties registered in Nancy Lusambo’s name, the court noted that while registering assets in another person’s name is not inherently unlawful, the circumstances raised serious suspicion. Nancy told the court she was unaware of how the properties were acquired and did not contribute funds.
On tax evasion, the High Court agreed with the lower court that Lusambo failed to remit property transfer tax on transactions valued at US$150,000 and US$85,000. Substituting K140,000 as the declared consideration was deemed an attempt to evade tax.
“The law requires valuation for purposes of tax assessment. The figure declared was not reflective of the actual transaction,” the judges said.
“The appellant failed to provide contracts, receipts, bank statements or Zambia Revenue Authority returns to justify the acquisitions or his alleged business success which he started in 1997,” the court stated.
The High Court also rejected Lusambo’s claim that the trial court relied on assumptions, holding that magistrate Hamaundu’s findings were based on evidence, and gaps in Lusambo’s explanation justified adverse conclusions.
“We are satisfied that the trial court weighed all the evidence and did not fill evidential gaps with speculation,” the bench ruled, citing the Supreme Court decision in Mushemi v The People, which limits appellate interference with factual findings.
The court concluded: “The appellant’s grounds of appeal have failed in their entirety. The conviction and sentence of the lower court are hereby affirmed.”
As the ruling was delivered, Lusambo, once nicknamed “The Bulldozer,” remained seated quietly, his bid to overturn the conviction decisively crushed.
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