Claim
Following the publication on 18th December, 2021 of reports that the Anti-corruption Commission(ACC) had arrested and charged Margaret Chisela also known as Faith Musonda for being in possession of property suspected to be proceeds of crime contrary to the Laws of Zambia, citizens raised questions on the implications of her re-arrest considering Ms. Musonda and the ACC had entered into a settlement in October 2021. The arrest in December was in connection
with being in possession of a property namely a house, number C5,1,D4-B in Lusaka’s Kingsland City, property reasonably suspected of being proceeds of crime contrary to Section 71 sub section 1 of the Forfeiture of Proceeds of Crime Act No. 19 of 2010. It is alleged that on dates unknown but between 1st August 2020 and 30th June 2021 in Lusaka jointly and whilst acting together with persons unknown, Ms. Musonda did acquire a house, number C5,1, D4-B in Kingsland City in Lusaka at a value of US$185,000. This story was also posted on other Facebook pages like Storm Media Zambia and Zambia Reports.
Rating Justification
The fact checking process has determined as false the claim that the settlement Faith Musonda signed with the law enforcement agencies in October 2021 grants her some kind of immunity that prevents her from being arrested or charged for other offences. The correct position is that the settlement between Ms. Musonda and the state not to prosecute her only restricted to the K65 million, US$57,900 and a house surrendered to the State. The settlement does not mean that she is immune from being investigated and prosecuted for any other offences which she may have committed.
The Anti- Corruption Commission (ACC) Spokesperson, Queen Chibwe gave an official statement in which she clarified that, “ the settlement between the State and Ms. Musonda which was signed in October this year not to prosecute her was only restricted to the K65 million, US$57,900 and a house which were surrendered to the State pursuant to Section 80 of the Anti-Corruption Act number 3 of 2012.” In the statement, Ms. Chibwe further clarified and emphasized that, “the settlement was restricted to the true disclosure of the above funds and property but did not give her blanket immunity from being investigated and prosecuted for any other offences she may have committed”. “We wish to state that Commission continued with its investigations and discovered that Ms. Margaret Chisela Musonda owns other properties suspected to be proceeds of crime. As a result, she was detained on 15th December 2021 and arrested on 16th December 2021 in accordance with the Laws of Zambia,” she said.
