Incarcerated former Ministry of Health Permanent Secretary, Kashiwa Bulaya today walked out of prison custody after he was granted a K40 million cash bail by the Lusaka High Court, pending determination of his appeal against conviction.

In granting bail, High Court Judge, Marvin Mwanamwambwa gave conditions that Bulaya provides two local working sureties, each on his own recognisance, in the sum of K100 million.

Judge Mwanamwambwa further ordered that Bulaya surrenders his passport or any other travel document to the Task Force on Corruption and also that he should be reporting to the Officer-In-Charge or the Chief Investigations Officer at Woodlands Police
Station every Friday.

Bulaya was found guilty of one count of abuse of authority and two counts of corrupt
practices on February 21, 2007 by Lusaka Principal Resident Magistrate, and was
consequently convicted and sentenced to five years imprisonment with hard labour on
each count, but to run concurrently.

The sentence was effective July 20, 2006, the day he was remanded in custody.

However, on February 22, this year, Dr. Bulaya filed an appeal to the High Court
against the conviction and later applied for bail pending determination of his appeal.

The appeal was made under section 332(1) of the Criminal Procedure Code (CPC), Cap 88.

This section states that, ” After the entering of an appeal by a person entitled to appeal, the appellate court, or the subordinate court which convicted or sentenced such person, may, for reasons to be recorded by it in writing, order that he be released on bail with of without sureties, or if such person is not released on bail, shall, at the request of such person, order that the execution of the sentence or order appealed against shall be suspended pending the hearing of his appeal”.

Bulaya supported his appeal by arguing, through his lawyer Mumba Kapumpa, that he
was a reliable individual who has convincingly demonstrated his capacity to abide by
bail conditions over a long period of time.

He argued that it might take long before the case record is ready for appeal, noting that bail might only be granted when he (Bulaya) has already served the whole or a substantial portion of his five year long sentence.

“That in that event, the appeal would be a mere academic exercise,” he argued.

But Mutembo Nchito opposed the application for bail on behalf of the state saying
granting bail under section 322 of the CPC was a discretionary remedy.

Mr. Nchito submitted that for the discretion to be exercised in favour of the applicant, he must demonstrate that he has a fair chance of success in his appeal and that there are special circumstances in his case.

He further submitted that so far the applicant has not shown any of the two and added that during trial by the magistrate court, Bulaya had on two occasions, applied for bail to the High court but he was not successful.

In his ruling on bail, Judge Mwanamwambwa agreed with Mr. Nchito that the granting of bail pending appeal was a discretional remedy.

The judge however said such discretion should be exercised judiciously.

He explained that in an application for bail pending appeal, the primary consideration should be whether or not the applicant has revealed exceptional circumstances.

Judge Mwanamwambwa said the applicant should show that the appeal has a fair or
probable chance of succeeding and should also show that the length of the period the
appeal is likely to be determined.

He noted that every appellant appeals because in his view, he would win.

The judge advised that it was not advisable to speculate on the possible outcome of
an appeal.

“Such speculation borders on prejudging the appeal. In my view, the merits or otherwise of the appeal, should be left to the appellate judge, at the hearing of the appeal,” he said.

Regarding the duration of the appeal, Judge Mwanamwambwa said it was common
knowledge that in Lusaka, appeals from subordinate courts take long to process.

He stated that given the size of the court proceedings in the subordinate court and
the slow pace of typing and preparing the case record, Bulaya had revealed an exceptional circumstance.

“He deserves bail pending appeal. Accordingly, I hereby grant him bail, pending determination of his appeal,” Judge Mwanamwambwa ruled.

ZANIS

Government has challenged opposition Patriotic Front, PF, leader Michael Sata to provide government with information on how second republican president Dr. Chiluba’s administration allegedly stole public resourses that President Levy Mwnawasa allegedly benefited from.

Chief Government spokesperson, Mike Mulongoti said Mr. Sata should explain to the nation how President Mwanawasa benefited from the resources allegedly plundered by Dr. Chiluba and others.

Mr. Mulongoti regretted that Mr. Sata was trying to gain political mileage out of cases of abuse of office that Dr. Chiluba is facing before the courts of law.

Mr. Mulongoti was reacting to Mr. Sata’s comment published in one of the privately
owned daily newspaper that alleged that President Mwanawasa benefited from the
public resources allegedly embezzled by Dr. Chiluba during his reign.

On the MMD vehicles, Mr. Mulongoti maintained that the ruling party bought the
vehicles using it own funds.

Mr. Mulongoti further lashed out at Evangelical Felloweship of Zambia Executive
Director Bishop Paul Mususu for failing to recognise President Mwanawasa’s effort in
fighting corruption.

Mr. Mulongoti, who is also Chief Government spokesperson, challenged Bishop Mususu
to accept the fact that the corruption crusade has helped expose Dr. Chiluba and his
accomplices of abuse of public resources.

And Mr. Mulongoti has advised Dr. Chiluba to register his grievances to the High Court of Zambia, for them to be enforceable.

Mr. Mulongoti said trans-national crime requires the aggrieved party to adhere to pocedure of channeling complaints through the High Court.

London High Court Judge Peter Smith ordered Dr. Frederick Chiluba to pay US$46
million resources of alleged plundered resources.

Mr. Mulongoti also disclosed that government will soon set an inquiry to establish whether Mr. Sata is corrupt.

Mr. Mulongoti alleged that Mr. Sata whilst serving as Cabinet Minister and MMD
National Secretary, in the second republic abused and swindled the National Assembly
about K2 billion the money meant for the MMD national convention.

Meanwhile, Mr. Mulongoti has appealed to all loving Zambians to be alert in the graft fight to rid the nation of corrupt people.

The ruling MMD is inviting interested persons wishing to constest by elections in Kapoche constituency in Eastern Province and in six wards across the country.

 MMD Elections Cahirman Mike Mulongoti announced this at a press briefing in Lusaka today. Mr. Mulongoti named the six wards as Mwalala in Mkushi, Mombe in Nyimba, Chilongo in Nchelenge and Kafinsa in Luwingu.

Others are Mumbubu in Mpika and Kaminzekenzeke in Mufumbwe. He said the by-elections in the six wards are as a result of resignations and deaths of councilors while the Kapoche seat fell vacant following the nullification of the parliamentary seat by the High Court.

 Mr. Mulongoti disclosed that the the advertisement inviting applications from for nominees will commence on May 15.

The Electroal Commission of Zambia, ECZ has set June 5, 2007 as date for the Kapoche parliamentary by-elections. Mr. Mulongoti,who is also Information and Broadcasting Services minister is confident that the ruling party would scoop the election.

He urged people to vote for the MMD because of prudent policies by President Levy Mwanawasa’s administration.

Southern Province Minister, Joseph Mulyata, has castigated a commercial radio station in the province for allegedly giving platform to some people to attack government and President Levy Mwanawasa.

Mr Mulyata says SKY Fm radio, which is based in Monze, has neglected its duties to afford government an opportunity to defend itself against the attacks by the opponents. 

He said the radio station has been conducting live interviews featuring some individuals who have been attacking government and President Mwanawasa without affording government a similar opportunity to explain its position.

Addressing heads of government departments in Monze, Mr Mulyata said government is
unhappy with the radio station’s failure to give balanced reporting and fair coverage.

He said government did not give SKY FM an operating licence to air anti-government
programme but issues of development that are beneficial to the community.

Mr Mulyata stated that government does not stop the radio station from reporting on
anything but what was needed was to be professional so that people with hidden agenda do not use the facility to destroy others.

The minister said reports reaching his office about the alleged unprofessional conduct of the institution were a matter of serious concern especially that people were being given wrong information about government.

“When you invite a person who wants to attack government, why don’t you invited somebody from government to the same platform so that there is balance?”, Mr Mulyata
asked.

The minister was reacting to reports that oasis forum chairperson Bishop Paul Mususu
was featured on a live interview programme on SKY FM in which he castigated government over the constitution making process.

Mr Mulyata explained that government has not refused to enact a new constitution but
that it will not circumvent the process of doing so.

He said there is no need for anybody to attack President Mwanawasa over the constitution when he has shown willingness to give the country a new constitution.

President Mwanawasa has called on Chiefs in the country to cooperate with government when releasing land for development purposes.

Mr. Mwanawasa said investors will need more land for the expansion of the existing investments and the involvement of Chiefs was cardinal.

Mr. Mwanawasa, who advised the Chiefs to use the available land effectively, however cautioned the Chiefs against issuing land to bogus investors.

He was speaking in Lusaka today at the official opening of the First Session of the Second House of Chiefs.

He told the Chiefs that careless issuance of land to foreigners will lead the country to a second colonization.

And President Mwanawasa has reiterated his advice to the Chiefs in the country to refrain from settling succession disputes through courts or by involving government.

Mr. Mwanawasa emphasized that courts have no experience in handling traditional matters, saying it was the responsibility of Chiefs to deal with issues of succession themselves.

The President said despite his earlier advice, succession disputes are still being referred to the courts and the government.

He reiterated that it would be futile to have the House of Chiefs which fails to resolve uncalled-for wrangles in Chiefdoms, adding that in order to reduce on succession wrangles, all Chiefs should have family tress deposited with the Provincial Local Government Officer and the Ministry of Local government and Housing.

He further advised politicians to refrain from involving themselves in succession wrangles.

On boundary disputes, President Mwanawasa has directed the Ministry of Lands to provide up-to–date boundary maps of all the Chiefdoms in the country.

The president said there is need to physically mark out traditional Chiefs’ boundaries on the ground in order to deal with the ever-increasing boundary disputes among Chiefs.

He explained that when disputes arise, a map from the Survey Department is used to arbitrate in these disputes showing the general Chiefs’ boundaries.

Mr Mwanawasa noted that the creation of new districts in certain cases has placed Chiefdoms in two or more districts, saying there is need to reconcile provincial and district boundaries as there are mere government administrative boundaries and do not alter Chiefdom boundaries.

He directed that Chiefs whose boundaries may have been affected by the creation of new districts do not lose their customary and traditional role in the affected districts.

President Mwanawasa said there is no district in the country that has no Chief saying all 72 Districts in the country should have a Chief representative in their councils to ensure that the culture of that particular area is not lost.

He directed the Ministry of Local Government and Housing to ensure that no Chief in the country is disadvantaged on account of creation of new districts by government.

Opposition United Party for National Development President Hakainde Hichilema was among Cabinet Ministers and Senior government officials who attended the opening of the House of Chiefs.