By CIC Defense.
STURDY MWALE, THREE MILITARY GENERALS APPEAR IN COURT OVER GULF-STREAM G-650 PRESIDENTIAL JET.
Three Military Brigadier Generals and former permanent secretary in the Ministry of Defence, Sturdy Mwale have appeared in the Lusaka Magistrates Court to answer to charges of willful failure to comply with the law in the procurement of the controversial Presidential Jet Gulf-Stream G650.
When the matter came up for plea today under Magistrate Davis Chibwili, Mwale, 53, Brigadier General Michael Mbewe, 61, Retired Brigadier General Evaristo Sakala, 54, Brigadier General Harry Sinyangwe, Isabel Wilima Chinji and Dr. John Phiri pleaded not guilty to the offences as charged.
In this matter, Mwale is jointly charged with Isabel, Brig. Gen Mbewe, Brig. Gen Sakala, Brig. Gen. Sinyangwe and Dr Phiri.
According to the indictment read by Magistrate Chibwili, Mwale, is facing all the four counts while his co-accused are only facing one count of Willful Failure to Comply with the Law, Applicable Procedure or Guideline Relating to Procurement contrary to Section 34 (2) (b) as read with Section 41 of the Anti-Corruption Act No. 3 of 2012 of the Laws of Zambia.
It is alleged in the first count that Mwale, Chinji, Mbewe, Sakala, Sinyangwe and Dr Phiri between March 1, 2017 and April 4, 2017 in Lusaka, being persons concerned with management and use of public revenue, as members of the Ministerial Procurement Committee for Ministry of Defence, jointly and whilst acting together, without following tender procedure willfully failed to comply with section 52 (1) of the public Procurement Act No. 12 of 2008 as read with Regulation 113 of the Public Procurement Regulations, Statutory Instrument No, 63 of 2008 when they awarded contract no. MOD/MPC/024-17 for the Modernization of Defence Forces to ElBIT Systems Limited without Bid Evaluation.
It is alleged in the second count that Mwale on September, 27, 2017 in Lusaka , being a person whose function concerned administration , management and use of public property and revenue as Permanent Secretary for the Ministry of Defence he did willfully fail to comply with Section 58 (1) of the Public Procurement Act no. 12 of 2008 as read with Regulation 149 (3) of the Public Procurement Regulations, Statutory Instrument No. 63 of 2011 in the manner he authorized and signed to amend contract no. MOD/NPC/024-17 between the Government of the Republic of Zambia (Ministry of Defence) and ELBIT Systems Limited without the authorization from the Ministerial Procurement Committee.
It is also alleged in count three that, Mwale on the dates unknown but between March 31, 2017 and April 5, 2017 in Lusaka, being Permanent Secretary, whose functions concern administration, management and use of public property and revenue, did willfully fail to comply with Section 57 of the Public Procurement Act No. 12 of 2008 as read with Regulation 145 of the Public Procurement Regulations, Statutory Instrument no. 63 of 2011 when he failed to appoint a Contract Manager or Managers for contract no. MOD/MPC/024-17 between the Government of the Republic of Zambia (Ministry of Defence) and Elbit Systems Limited for the Modernization of Defence forces.
Details in the last count, it is alleged that Mwale on the dates unknown but between March 1, 2017 and September 27, 2017 in Lusaka, being a Permanent Secretary for the Ministry of Defence whose function concern administration, management and use of public property and revenue, he fraudulently facilitated and made payments amounting US $50.000.000 (Fifty Million Dollars) to ELBIT Systems Limited for goods and services not supplied or rendered in full, namely, Medical Evacuation Facility on the Gulf stream G650-ER Jet and upgrading the said Jet from a single mission passenger business jet to a Multi mission Aircraft as per contract no. MOD/MPC/024- 17 between the Government of the Republic of Zambia (Ministry of Defence) and Elbit Systems Limited.
Mwale and his co-accused have since denied having committed the said crimes and the matter has since adjourned to 17th and 18th July, 2023 for commencement of trial.
(Mwale and his co-accused leaving court after appearing for plea today)