By LUCY PHIRI
THE Economic and Financial Crimes Court has adjourned to September 2, 2022 for mention the case involving former Secretary to the Treasury Fredson Yamba, former Ministry of Higher Education Permanent Secretary Owen Mugemezulu and four others on five charges of failure to comply with laid down procedure.
The charges are in relation to the infamous FTJ Chiluba University, under the Ministry of Higher Education.
When the case came up yesterday for plea, Magistrate Jennifer Bwalya adjourned it for mention because the lawyers representing the accused persons were not present.
The Law association of Zambia is holding an annual general meeting in Livingstone which almost all the lawyers are attending.
Yamba is charged with Mugemezulu, former Ministry of Education Permanent Secretary Dr Patrick Nkanza, and former ministry of Education employees, Joseph Nthele, Joseph Phiri and Joseph Ngulube.
In the first count, it is alleged that Yamba between January 1, 2017 and December 31, 2017, being Secretary to the Treasury in the Ministry of Finance, did willfully fail to comply with the applicable law or procedure relating to the management of funds in authorising an advance payment of US$33, 750, 000 to China Energy Engineering Group-Hunan Electric Power Design Institute Co. Ltd for the construction of FTJ Chiluba University under the Ministry of Higher Education.
In the second count, it is alleged that Mugemezulu between January 1, 2017 and December 31, 2017, being Permanent Secretary in the Ministry of Higher Education, did willfully fail to comply with the applicable law or procedure relating to procurement in entering into a contract with China Energy Engineering Group-Hunan Electric Power Design Institute Co. Ltd.
The contract was worth US$225, 000, 000 for the design and build of FTJ Chiluba University, without subjecting the said contract to the Zambia Public Procurement Authority for approval.
In the third count, it is alleged that Nkanza between January 14, 2015 and December 31, 2015, being Permanent Secretary in the Ministry of Education, did willfully fail to comply with the applicable law or procedure relating to procurement in entering into a contract with China Energy Engineering Group-Hunan Electric Power Design Institute Co. Ltd.
The contract was worth K213, 734, 967.77, without confirming the availability of funds.
In count four, it is alleged that Phiri and Ngulube, with other persons unknown, between January 1, 2018 and December 31, 2018, being employees of the Ministry of General Education and Project Managers for the construction of FJT Chiluba University, did attempt to fraudulently facilitate a payment to China Energy Engineering Group-Hunan Electric Power Design Institute Co. Ltd, by signing and issuing an Interim Payment Certificate No. 2 valued at US$ 29, 186, 169.09, with an inflated sum of US$7, 578, 772.41 for goods purportedly supplied, when in fact not.
In the last count, Nthele is charged with abuse of authority. He is alleged to have between January 1, 2017 and June 30, 2020, being Director under the Zambia Education Projects Implementation Unit in the Ministry of General Education, abused the authority of his office by neglecting to secure the Advance Payment Guarantee and Performance Bond for the construction of the FTJ Chiluba University under the Ministry of Higher Education, thereby (resulting in) loss of US$45, 000, 000, an arbitrary act prejudicial to the interests of the government.
