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Trial in a matter in which former Health Permanent Secretary, Kennedy Malama, and eight others who are jointly charged for allegedly flouting procurement guidelines has failed to take off at the Lusaka magistrate court.
The incident reportedly happened during purchase of 50 ambulances by the accused people.
The delay follows an application made by the state seeking to adjourn the matter on grounds that the witness was not present.
State Prosecutor, Daniel Ngwira, submitted before magistrate Sandford Ngobola that the state was unable to proceed with trial because the witness on stand was out of reach.
“The matter was scheduled for continued trial and cross examination of pw1, however, we are unable to proceed. We did engage the witness and he informed us he was on his way coming but he has not come and we tried to engage him we couldn’t manage the line was cutting. I have informed the Defense over our predicament,” he said.
In response, the defense said they had no objection to the application.
In this matter, Malama, 53, Ministry of Health Permanent Secretary for Administration, Caroline Kakulubelwa Mulalelo, and seven others have pleaded not guilty to willful failure to comply with applicable law and procedure contrary to Section 34 (2) (b) of the Anti-Corruption Act number 3 of 2012.
All the nine accused persons pleaded not guilty to four counts of wilful failure to comply with applicable law and procedure.
Other accused persons includes: Francis Bwalya, 55, Gardener Syakantu, Muzaza Nthele, 48, of house number 2801 Meanwood Ndeke, Rebecca Ndhlovu, 60, a retiree and farmer of Zambia Airways area, Maximillian Bweupe, 51, Wilson Lungu, 37, a chief procurement officer under the Ministry of Mines and Jabbin Mulwanda.
It is alleged in count four that Malama, Lungu, Mulwanda and Kakulubelwa being person’s whose functions concern management administration and use of public revenue, jointly and whilst acting together did willfully fail to comply with the law when they awarded contact number MOH/SP/004/17 to IVECO South Africa (pty) limited of a contract.
This involved a sum of US$13,750,000 for the supply and delivery of 50 ambulance’s without following laid down procedures as prescribed by the procurement Act No 12 of 2008 read together with public procurement regulations of 2011.
Magistrate Ngobola has since adjourned the matter to April 4 for cross examination and 22 May,2023 for continuation of trial.
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