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The Anti-Corruption Commission (ACC) has arrested and charged a former Permanent Secretary in the Ministry of Education and a former Head of Procurement and Supply for alleged corrupt practices.
ACC Head of Corporate Communications, Joseph Mwenya, said the case involved wilful failure to comply with applicable procurement guidelines relating to a loan obligation of over US$401 million to the Government.
Mwenya confirmed this in a statement issued in Lusaka on Wednesday and identified the two suspects as Henry Tukombe, 57, former Permanent Secretary, of Plot No. 411-414 Ibex Meanwood, Chongwe, and Jacob Masatunya, 53, former Head of Procurement and Supply, of Plot No. 4712 Lusaka.
He said the duo were alleged to have caused the Ministry of Education to enter into a contract with Mikalile Trading Company Limited of Hong Kong for the supply and delivery of various school items countrywide.
“The suspects are alleged to have failed to comply with the applicable guidelines in the manner in which they caused the Ministry to enter into the contract, contrary to Section 34 (2) (b), as read together with Section 41 of the Anti-Corruption Act, Chapter 91 of the Laws of Zambia,” Mwenya said.
He said the contract committed Government to a total loan obligation of US$401,838,120.
Mwenya stated that the contract had a principal sum of US$259,250,400, with additional interest and arrangement fees.
“The alleged offences are said to have occurred on dates unknown but between January 1, 2016 and December 31, 2021 in Lusaka District,” he said.
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In the first count, Tukombe and Masatunya, being public officers, allegedly wilfully failed to comply with procurement regulations when they allowed the procurement without a request from the User Department.
Mwenya alleged that they wilfully failed to comply with Regulations 111 and 30 of the Public Procurement Regulations of 2011 when they allowed the procurement of various school items from Mikalile Trading Company Limited of Hong Kong under the said contract without a request from the User Department in the Ministry.
In the second count, the duo was alleged to have proceeded with the procurement without subjecting the bid to an evaluation.
Mwenya alleged that they breached Regulation 114 of the Public Procurement Regulations of 2011 when they proceeded with the procurement of various school items from Mikalile Trading Company Limited of Hong Kong without subjecting the bid to an evaluation.
In the third count, they are alleged to have breached the Public Procurement Act by failing to obtain required approvals.
“They further allegedly breached Section 22 of the Public Procurement Act of 2008 when they allowed the procurement without obtaining the required approvals from the Ministerial Procurement Committee,” he said.
The duo has since been released on bond and will appear in court soon.
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