By Mwaka Ndawa
FORMER Ministry of Health permanent secretary Dr Kennedy Malama and five others will now be tried by the Economic and Financial Crimes Court for failing to stick to procurement guidelines in the purchasing of 50 ambulances.
Lusaka chief resident magistrate Dominic Makalicha has stepped aside and has re-allocated the matter to magistrate Stanford Ngobola ,who is part of the jury under the Economic and Financial Crimes Court.
Early this year, Chief Justice Mumba Malila indicated that an Economic and Financial Crimes Court would be effected at Subordinate Court level and that he had signed Statutory Instrument no.5 of 2022 enacting the same.
The court designed to expeditiously recoup illegitimate assets from those who participate in graft.
The jury is comprised of principal resident magistrate Jennifer Bwalya, Faidess Hamaundu and Ngobola.
Dr Malama is jointly charged with Dr Francis Bwalya, 55, a diplomat at the Zambian embassy in Geneva, Switzerland, Dr Muzaza Nthele, 48, of house no. 2801 Meanwood Ndeke, a diplomat in Beijing, China; Rebecca Njobvu retired, of Zambia Airforce area; Dr Maxmillian Bweupe, 51, a diplomat in Washington DC; and Wilson Lungu, a chief procurement officer at Ministry of Mines for willful failure to comply with applicable procedure contrary to Section 34 of the Anti-Corruption Commission Act no.3 of 2012.
It is alleged in the first count that Dr Malama on dates unknown between August 1, August 1, 2017 and December 31, 2018, being permanent secretary – administration at the Ministry of Health, whilst acting together with other persons unknown willfully failed to comply with applicable procedure or guidelines relating to procurement by terminating contract no. MOH /ORD/004/15 between the Ministry of Health and Savenda Management Services Limited for the supply and delivery of 50 basic life support ambulances, supply and delivery of major spare parts for the said ambulances and training of personnel.
Allegations in the second count are that Dr Bwalya, Dr Nthele, Njobvu, Dr Bweupe, Dr Malama, and Lungu between January 1, 2017 and December 31, 2017, being persons in the employ of the Ministry of Health and members of the ministerial procurement committee (MPC), jointly and whilst acting together with other persons unknown, willfully failed to comply with applicable procedure or guidelines relating to procurement by approving MPC paper no.131 of 2017 which recommend the use of Limited International Bidding (LIB) as the appropriate method of procurement of 50 ambulances without providing the justifications or reasons in the said MPC paper no. 131 of 2017 for use or choice of the method of procurement.
When the matter came up for mention and possible plea, Anti-Corruption Commission prosecutor Tyson Mudenda requested that the matter be mentioned next month as the Director of Public Prosecutions has not yet consented to the prosecution of the six.
Magistrate Makalicha in his ruling re-assigned the case to the Economic andand Financial Crimes Court.
“There is a team of magistrates that has been constituted to try such matters. Since the matter has not even yet started, it is hereby re-allocated to magistrate Stanford Ngobola who is assigned to determine such cases,” said magistrate Makalicha.
The matter comes up on February 23, for mention and possible plea.