The Livingstone Subordinate Court has convicted three former employees of the Ministry of Education on seven counts of corruption related offences. This is in a matter where the trio were arrested and charged by the Anti-Corruption Commission for corruption.
The three are Michelo Munthanga Muhyila aged 37,of House No. C351/U, Mtendere Township in Lusaka, an Administrative Officer at Human Rights Commission and formerly an employee of Ministry of Education, Maxwell Chibesa aged 47, of plot 1174, Dambwa North Extension, Livingstone an Assistant Accountant with the Ministry of Education, Livingstone District Education Board Secretary’s Office and Harry Makawa aged 38,of Makerere Township in Namwala, a Human Resources Officer with the Namwala District Education Board Secretary.
Details are that Michelo Munthanga Muhyila whilst employed as an Administrative Officer in the Ministry of Education abused the authority of his office by adjusting upwards the salary scales of Harry Makawa and Maxwell Chibesa, all employees of Ministry of Education without the Authority of the Public Service Management Division. He has since been fined K 2, 000.00 in default six months imprisonment and in another K2000.00 in default six months imprisonment for Abuse of Office.
Further, the Court has fined Michelo Munthanga Muhyila K 2, 000.00 in default six months imprisonment and another fine of K2,000.00 for unauthorized modification of computer data contrary to section 6 (1)(2) of the Computer Misuse and Crimes Act No. 13 of 2004 . This is in the manner Muhyla made modifications on 28th January, 2005 to the Payroll Program for Ministry of Education at Payroll Management and Establishment Control Project(PMEC) by making upward adjustments to Harry Makawa and Maxwell Chibesa’s salary scales and introduced Acting Allowances to the said employees thereby resulting in overpayments of K 9, 088.00 and K 3, 562.00 respectively.
And Maxwell Chibesa has been fined K 2, 000.00 in default six months imprisonment for abuse of office contrary to section 99 (1) of the Penal Code of the Laws of Zambia in the manner whilst employed as an Assistant Accountant in the Ministry of Education, adjusted upwards the salary scale of Michelo Munthanga Muhyila an employee of Ministry of Education without the Authority of the Public Service Management Division.
Further, the court has fined Chibesa K 2, 000.00 in default six months imprisonment for unauthorized modification of computer data contrary to section 6 (1)(2) of the Computer Crimes and Misuse Act No. 13 of 2004. This is in the manner he made modifications on 24th January, 2005 to the Payroll Program for Ministry of Education at Payroll Management and Establishment Control Project(PMEC) by making an upward adjustment to Michelo Munthanga Muhyila’s salary scales and introduced Acting Allowances and a Recruitment and Retention Allowance for him, thereby resulting in overpayments of K 34, 795.00 above his entitlement.
The Subordinate Court convicted and fined Harry Makawa K 2, 000.00 in default six months imprisonment for one count of receiving stolen property contrary to section C/S 318 (1)of the Penal Code CAP 87 of the Laws of Zambia in the manner he received K 9, 088.00 between 28th January, 2005 and 16th December, 2005.
The Court has since ordered the three to refund the accrued benefits to the State.