GBM’S HEALTH DETERIORATES
INCARCERATED former Defence Minister, Geoffrey Bwalya Mwamba, is struggling with deteriorating health in prison and has asked the court to allow him seek specialised medical treatment in South Africa, court documents have revealed.
And Mr Mwamba, who is currently serving a five-year jail sentence at Mwembeshi Correctional facility for failure to declare interest and money laundering charges, has renewed his application for bail pending appeal in the Lusaka High Court.
His lawyer, State Counsel Bonaventure Mutale, has filed an application for bail pending appeal, citing Mwamba’s swollen thighs and legs, indicating ineffective medication.
Mwamba was sentenced to five years imprisonment by Magistrate Standford Ngobola on October 10 for conflict of interest and possession of property suspected to be proceeds of crime.
However, Mwamba’s legal team, led by lawyer Mr.Bonaventure Mutale SC, submitted the new application before the Economic and Financial Crimes Court High court division, citing health concerns and questions over the legitimacy of his conviction.
In his appeal, Mwamba’s legal team highlighted a recent visit to Mwembeshi Correctional Facility, where Mutale observed visible swelling in Mwamba’s thighs and legs. Mwamba claims it was evident that his medication was no longer effective, and he required a medical review by his doctors in South Africa.
The facility’s Deputy Officer in Charge confirmed to Lawyer Mutale that while a clinic is available, inmates needing advanced care are referred to the University Teaching Hospital (UTH). Mr. Mutale argued that Mwamba’s appeal has strong prospects of success, raising critical questions of law and pointing out that the evidence linking Mwamba to the alleged offenses was insufficient.
He further contended that the prosecution failed to provide key documents, such as bid bonds or minutes from relevant meetings, that would substantiate the charges.
The legal team also described Mwamba’s sentence as “manifestly contestable,” arguing that the five-year term with hard labor was excessive, especially for a first offender.
Mr. Mutale warned that delays in processing Mwamba’s appeal record could mean he would serve a significant portion of his sentence before the appeal is heard as granting Mwamba bail would not disadvantage the prosecution, asserting that Mwamba is not a flight risk.
Principal Resident Magistrate Sandford Ngobola convicted and sentenced Mwamba in 13 of the 24 counts he was charged with failure to declare interest and money laundering charges and acquitted him on 11 counts of possession of property reasonably suspected of being proceeds of crime. The court also fined him K50,000 in default to nine months imprisonment in count nine where he was found guilty of money laundering.
Mwamba had filed a notice of bail pending appeal on grounds that the magistrate erred at law when he convicted him in one to eight on the charges of failure to declare interest. In passing ruling, Mr. Ngobola denied Mwamba bail pending appeal stating that he was not satisfied that the applicant made out a persuasive case for bail pending appeal.
Daily Nation