Chirwa trial begins
Published On January 16, 2014 » 3464 Views» By Diran Chama » Court News, Latest News
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TRIAL in the matter in which former Zambia Railways (ZRL) Chief  Executive Officer (CEO) Clive Chirwa is charged with abuse of authority started.
ZRL director for human resource and administration, Davies Mukonkela told the court that Chirwa was entitled to a housing allowance of 20 per cent of  his K140, 000 basic monthly salary.
This is in a matter in which Chirwa is jointly charged with former ZRL Director of Finance Regina Mwale for abuse of office contrary to the law.
Its alleged that Chirwa and Mwale between February 1 and March 2, 2013 in Kabwe jointly and whilst acting together did abuse the authority of their offices by authorising the payment of K72,282, 210 to Fallsway Apartments of Lusaka for Chirwa’s accommodation, an amount which was beyond his entitlement.
Mr Mukonkela told Principal Magistrate Obsiter Musukwa that according to the contract that Chirwa signed with the Board of Directors, he was in the first grade of emoluments and was entitled to 20 percent of his basic pay as housing allowance.
Mr Mukonkela said that other than the accommodation allowance that Chirwa was entitled to, he was also entitled to two domestic workers to be paid by the company and that the house for the CEO should be fully furnished, secured and situated in Kabwe.
He said that the company was also supposed to pay for Chirwa’s phone, electricity and water bills at his house.
Mr Mukonkela, however said during cross examination that in an event that accommodation for the COE was not readily available; he was to be booked at a five star hotel.
He said he was introduced to Chirwa by Mwale who later received tax invoices from Valleys Properties (the owners of Fallsway Apartments) with instructions to generate a Memo to the finance department to make payments for Chirwa’s stay at the Apartments on Thabo Mbeki Road in Lusaka, which he did.
Mr Mukonkela told the court that Chirwa was appointed as CEO on November 13, 2012 but his house was only ready in May 2013 and was relieved of his duties in June, the same year.
And Valleys Properties representative, Yunus Bhaiyat confirmed to the court that Chirwa lodged at one of the Apartments while Patents and Companies Registration Agency (PACRA) Companies Inspector Ndiwali Mukelebai told the court that Chirwa and Esnart Chasongo Chirwa were both directors and shareholders of Clavel Incorporated Zambia Limited.
Chirwa is charged in the first count with failure to disclose interest contrary to section 28 (1) of the Anti-Corruption Commission (ACC) Act number 3 of 2012.
It is alleged that Chirwa on dates unknown but between November 1, 2012 and December 31, 2012 in Lusaka, being a public officer, namely CEO of ZRL, did recommend during a board meeting that Clavel Incorporated Limited, a company in which he is an officer and shareholder, be given a contract to train employees of the railway company without disclosing his interest.
In the second count, Chirwa and Mwale are charged with abuse of authority of office contrary to section 21 (1) a of the ACC Act number 3 of  2012.

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