THE Lusaka magistrate’s court has dismissed an application by former President Rupiah Banda in which he was asking it to quash the indictment on grounds that the offences he was charged with are embarrassing and will lead to gross prejudice.
The court also dismissed the application to quash the indictment involving two counts of corrupt practices because it was misdirection to the court.
Principal Resident Magistrate Obbister Musukwa in his ruling yesterday said the charges slapped on Banda were not bad at law but merely defective and could be rectified.
He said Banda could not suffer any embarrassment or gross injustices if allowed to face the charges because they could be adjusted and that the indictment could only be quashed by Law if the act was punishable.
This is in a case in which Banda is alleged to have corruptly received 10 motor vehicles from Sogecao Zambia Limited and Sogecao Construction and Engineering as an inducement or reward for himself in return for his favourable treatment in their dealings with Government between January 2011 and August 30, 2011.
In count two, Banda is accused of concealing gratification involving nine light trucks contrary to Section 36 of the Anti-Corruption Act. Particulars allege that Banda between January 30 and August 2011 received nine motor vehicles all valued at K471, 000.
This was alleged to have been obtained as gratification from Sogecao Zambia, a subsidiary of Anui Foreign Economic Construction Company, a firm contracted to construct the Levy Mwanawasa Stadium in Ndola.
Banda is alleged to have concealed the receipt of the motor vehicles by having them registered in the names of other people connected to him.
In his submissions through his lawyers, in support of the application to quash the indictment, Banda said the State breached provisions of Section 134 and 137 of the Criminal Procedure Code, Chapter 88 volume 7 of the Laws of Zambia which governed and regulated the preparations of the indictment.
Come on guys,much as i don’t support corruption,i think Rb did a good job at cleaning up after himself.I say so because these charges do not really befit that former head of state,look at Chiluba’s corruption charges and compare the two.
You mean the charges against RB are technically wanting but legally sound? If this case was in a developed nation it’d be thrown out asap coz you can’t shift your goalposts in mid game. Total judicial mediocrity.
Or is the other way around?
pls he’s innocent leave the man alone.
People when they are Presidents they think they are gods! Very sad indeed! Only bootlickers will worship you and they will also run away from you quickly. So, Presidents know that one day you will be answerable to every action you do. Be a servant rather than to be served. Those in power should not victimise others for the sake of! We all may error so pliz let the law take its course if at all there is someone who want RB put behind bars!
spot on.
why hero worship a thief?
A ‘thief’ who left billions in the country’s coffers which is now empty and ensured that mealie meal was affordable to the masses whereas now more and more are resorting to buying pamelas whilst our current dear leader comes back late from a meeting and immediately goes on strike and cant be ar.sed to address the nation.
But the case is defective, Mr. Them, according to the court. In Zambia one is a thief because PF alleges that or they actually steal. In these defective cases, THEM is encouraging Mutembo to continue wasting our money because it’s money MMD and the Zambian people labored to make. For your own information, just two years into PF’s reign Zambia is in US$3.5 Billion external debt (half what KK created in 27 years), courtesy of Mr. Milupi. We should project US$18 Billion external debt by 2016 to be born by our children.
Well said Mphendula Kayaula.
Situpidi Magistrate Musukwa! Can someone tell this Musukwa that it is not his job to frame charges on the accused but to make rulings on cases as they are presented! This ‘full’ of a magistrate should not be anywhere near a judicial bench!
I was wondering the same…
The cases are defective, so the court says. Which sensible court will entertain a case that from the word go is defective, allowing the DPP to amend the charges as the case progresses to the disadvantage of the accused? I wonder what type of eduction such magistrates/judges receive! Do we still have a country or is Zambia now a failed state?
These baseless cases Mutembo is creating are costing us a fortune…see the turmoil and anguish in our hospitals and yet a magistrate has joined Mutembo in wasting our money.
This magistrate is one of those useless PF cadres. I’m sure he will frame the charges on behalf of the state. The defence should object to this way of handling court cases.
What are you trying to say that you want to bring an end to this fiascal without losing face? It’s ok just let the man go…. i bet we are almost home!
Dull magistrate ,since when do you to return an unprepared case brought before you to be amended ? quash it and its up the state to bring up a fresh indictment properly prepared
RB will win this case to the extent that this company donated these vehicles. If these vehicles can be defined as a “DONATIONS” it will be difficult to deduce corruption in this matter. The prosecution must prove that the SOGECI were given perculiar advantage by government. Mind you the construction of the Levy Mwanawasa Stadium started way back in 2008 and RB was NOT President. The concealment of registration of the vehicles is equally weak. If the Company says the said donation was made to MMD, it is the CEO of MMD at the time who can explain. Beside, none of these vehicles were registered in RB name. Besides, the names of people used for this are adults and they knew what they were doing. just thinking.
surely everyone is suprised at this magistrate, way of reasoning ,he appears to be in a mission to do a dirty job . the normal thing was to quash the defective charge and allow the state to reframe the charge.
This case is just a fishing expedition and the silly judge is being used to do the dirty work for this rogue PF govt.Throw out the charges.