A Lusaka Magistrate Court has ordered that some property belonging to jailed former Health Permanent Secretary, Dr. Kashiwa Bulaya be given to the state.
The property worth over three billion Kwacha, includes houses, a farmhouse, a warehouse and vehicles.
Kitwe based Principal Resident Magistrate, Edward Musona, in his ruling delivered in court, Friday said the property should revert to the state.
Mr. Musona’s ruling followed an application by state prosecutor, Mutembo Nchito who said the property had been acquired using public funds.
Mr. Nchito said in view of Dr. Bulaya’s conviction on abuse of authority and corruption charges it was necessary to request for a forfeiture of the property in line with section 41C of the Anti Corruption Commission act of 1996.
Earlier, Dr. Bulaya asked the court to adjourn the hearing of the case saying he has re-engaged his former lawyers, Nicholas Chanda and Mumba Kapumpa.
But Mr. Nchito objected to the request on grounds that judgement in the matter has already been passed.
He argued that it was too late for the court to entertain the application as Dr. Bulaya is already serving his five year jail term.
Dr. Bulaya’s lawyer, Nicholas Chanda however later told ZNBC news that he would appeal against the ruling.
Mr. Chanda said the order to forfeit the property has an error in the precedence of law.
Dr. Bulaya was on Wednesday convicted of three counts of abuse of authority and corruption charges and sentenced to five years imprisonment with hard labour.
I think the Dr should not waste his time with appealing his case as he is definately a crook and bravo to people of zambia.
Hey, let the man appeal. That is his constitutional right and nobody ..and I mean nobody should prevent him from exercising it. That is what our law says and lets just follow the law and let the law run it’s course
You don’t expect someone who has spent over seven years in post secondary education and later on held a post of a Permanent Secretary to FAIL to acquire property over the course of his career. There is something technically wrong with this judgment and please don’t get too emotional about it. The man can’t be made to carry the punishment of all looters. Let him be punished for his sins ..and his sins only please
The Dr. got what was coming to him. He was busy diverting public resources for personal gain and that is a crime, especially that stole from poor people. He should just serve his punshiment like a man. No appeals please. It may be his right to an appeal, but the Zambian tax payers will have to pay for the process. The man has stolen enough from the Zambians and lets put a stop to it.
Sad that a professional person of Dr Bulaya’s standing could rob the public, especially the sick public, when as a government trustee he should have had their interest at heart. It would be sweeter if ACC/Task Force investigated more of the public servants that are busy with personal developments at the expense of the poor public.
Hopefully one day we will have an asserts register for not only ministers/MPs, but everyone owning property to be able to tracy back the legitimacy of their property!
I strongly feel that the man deserves to be given a chance to exculpate himself. The law provides for an appeal and it is his judicial right as a citizen to seek a review.
MCK