I NEVER CAME ACROSS ANY CORRUPT PRACTICES IN THE PROCUREMENT OF THE PRESIDENTIAL JET, STATE WITNESS TELLS COURT
……says the Ministry of Defence ministerial procurement committee complied with the law
Lusaka…Thursday, May 30, 2024
A state witness has told the Economic and Financial Crimes Court that he never came across any corrupt practices in the procurement of the Gulfstream G650 Presidential jet.
Kennedy Chitundu, a compliance specialist from Zambia Public Procurement Authority (ZPPA) also told the court that according to the Public Procurement Act, the ministry of defence, ministerial procurement committee has power to regulate its own procedure.
Mr Chitundu further told the court that the ministerial procurement committee complied with the law by getting a no objection letter from ZPPA.
The witness was testifying in a matter in which Former ministry of defence permanent secretary Stardy Mwale and five others who include; Isabel Chinji, Micheal Mbewe, Evaristo Sakala, Frank Sinyangwe and Dr John Phiri who are facing four counts of failing to follow law and procedure when procuring the presidential jet.
When the matter came up for cross-examination before Chief resident magistrate Davies Chibwili, when asked by Mr Mwale’s lawyers, Leon Lemba if the witness came with evidence of corrupt practices against all the accused persons in court, he responded in the negative.
And Mr Mwale’s other lawyer Milner Katolo asked the witness if the procurement entity is given power to modify the procurement Act, he responded in the affirmative.
“The procurement entity, is it given power to modify the Public Procurement Act?, asked Mr Mutolo. “Yes”, responded the witness.
And asked if the ministerial procurement committee has power to regulate its own procedure, Mr Chitundu said yes.
“This ministerial procurement committee, do you know they have power to regulate their own procedure? Counsel Mutolo asked.
“Yes” he said.
Further asked if the procurement committee can be blamed if they regulate their own procedure, the witness responded in the negative.
“And when they regulate their own procedure on how to procure you cannot blame them?,” counsel Mutolo asked.
“No”, responded Mr Chitundu.
The witness further testified that the procurement committee used the single sourcing procurement method which was within powers.
“If this committee said, the procurement method we are going to use is single sourcing it was within their power to do just that?, asked the Counsel.
“Yes”, responded the witness.
“And no one should blame them for exercising their power, correct?”
“Yes”, he said
“In this case, they even complied with the law by getting a no objection letter from ZPPA?, asked counsel Mutolo
“Yes”, he responded.
“Would I be correct to say that when a request is made of no objection letter, ZPPA is given permission to grant or not to grant the request?”
“Yes” responded Mr Chitundu.
“And it is that committee that now makes the recommendation to director general of ZPPA that now you can go ahead and grant or not grant a no objection letter request?”
“Yes”, he said.