By LUCY PHIRI
THE Lusaka Magistrate Court has dismissed an application by the defence not to allow the State to proceed with the matter involving former Health Permanent Secretary Dr Kennedy Malama and seven others unless consent from Director of Public Prosecution (DPP) was granted.
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The matter is in relation to the procurement, supply and delivery of 50 ambulances.
The defence had submitted before magistrate Davies Chibwili that since the court had discharged Dr Francis Bwalya from the matter, the state could not proceed to prosecute it without consent from the DPP which they never presented before the court. The defence team which was led by Mr. Willis Muhanga submitted that since the court had removed Dr. Bwalya from the matter, the remaining accused persons could not proceed with trial unless consent was granted by the DPP.
However, the court dismissed the application stating that the removal of Dr Bwalya on the charge does not need consent to proceed with the matter because there was no change and there was no addition of the charges on the charge sheet.
Mr Chibwili ruled that when the matter first appeared, it was allocated before magistrate Sandford Ngobola and the DPP issued consent. “I have addressed my mind in all the suggestion from both sides, and I say consent from DPP was already granted when the matter was not yet brought to me, the first one was issued when the accused persons where six and another one when three where added to make them nine,” he ruled. In this matter, Malama is charged with former Ministry of Health Permanent Secretary for Administration Kakulubelwa Mulalelo and seven others.
Other accused persons include Dr. Gardener Syakantu, Dr. Muzaza Nthele, 48, of house number 2801 Meanwood Ndeke, Rebecca Ndhlovu, 60, a retiree and farmer of Zambia Airways area, Dr. Maximillian Bweupe, 51, Wilson Lungu, 37, a chief procurement officer under the Ministry of Mines and Dr. Jabbin Mulwanda.
It is alleged in count three that Malama, Nthele, Njobvu, Bweupu and Lungu are allegedly to have between January 1, 2017 and December 31, 2017 being persons whose functions concern management and use of public revenue jointly and whilst acting together with others unknown did willfully fail to comply with the law when they approved MPC paper No.131 of 2017 which recommended the use of limited biding international as the appropriate method of procurement without following the laid down procedures as prescribed by the public procurement Act No 12 of 2008 read together with Public Procurement regulations of 2011.
It is alleged in count four that Malama, Lungu, Mulwanda and Kakulubelwa Mulalelo being persons whose functions concern management administration and use of public revenue, jointly and whilst acting together did wilfully fail to comply with the law when they awarded contact number MOH/SP/004/17 to IVECO South Africa (pty) limited of contract sum of US$13, 750, 000 for the supply and delivery of 50 ambulances without following laid down procedures as prescribed by the procurement Act No 12 of 2008 read together with public procurement regulations of 2011.
Trial commences on January 23, 2024.
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