Sat, 29 Jul 2017 13:12:56 +0000
By CHINTU MALAMBO
THE Director of Public Prosecutions has appealed against the Magistrate Court’s decision to acquit former Tourism and Arts minister Sylvia Masebo, stating that the ruling was based on hearsay.
According to the Notice of Appeal filed before the Lusaka High Court, the DPP indicated that the trial court erred in law when it held that the actions by Ms Masebo of directing the Zambia Wildlife Authority (ZAWA) to cancel the tender process did not amount to abuse of authority of office as alleged.
They argued that the lower court misdirected itself when it gave an unbalance assessment of the evidence before it.
“The lower court misdirected itself at law when it gave an unbalanced evaluation of the evidence where only the flaws and not the case of the State were considered,” the DPP submitted.
“Further, that the lower court erred in law when it accepted the hearsay evidence of witness number 2,” they submitted.
This was in a matter in which Lusaka Magistrate Ireen Wishimanga delivered a ruling in which Ms Masebo was acquitted on corruption charges.
She was accused of having directed the cancellation of a tender for hunting concession licences outside her authority as a minister.
Ms Masebo was charged with abuse of authority of office in relation to her action which resulted in the cancellation of wildlife hunting concessions and the termination of work contracts for some ZAWA directors thereof.
When the matter came up for judgment, Magistrate Wishimanga established that Masebo did not cancel the tender process but merely directed the suspension of the same as it was marred with corruption.
The Magistrate said there was no evidence on record to show that the Minister abused her office because her decision on the tender process was due to the fact that the process was marred with irregularities such as leakage of information to prospecting bidders.
The offence was allegedly committed during the time she was Minster of Tourism and Arts between December 1, 2012 and June 30, 2013 in Lusaka.
