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Former Ministry of Housing and Urban Development Permanent Secretary, Charles Mushota, who was recently handed a four-year prison sentence for procurement-related offences, has applied for bail pending appeal.
Mushota was convicted by the Economic and Financial Crimes Court, presided over by Magistrate Silvia Munyinya, for violating procurement regulations in the controversial US$5 million acquisition of Infrastructure House in Lusaka.
The court found that he breached the Public Procurement Act by bypassing the Government Valuation Department and failing to secure adequate funding before the purchase.
Read more: Ex-permanent secretary, Mushota, jailed four years over $5 million procurement scandal
However, Mushota appealed the conviction to the High Court, citing 12 grounds and arguing that the trial court erred in its interpretation of the law and the evidence presented.
In his appeal, Mushota insisted that the procurement process met legal requirements, including confirmation of funds and approval by the Ministerial Procurement Committee.
He also said the court failed to properly consider testimony from a key witness who acknowledged widespread procedural lapses across the institutions involved.
The appeal further questioned the court’s conclusion that Mushota authorized contract amendments without the necessary approvals, arguing there was no direct evidence linking him to those decisions.
He accused the court of shifting the burden of proof from the prosecution to the defence.
Opposing the bail application, Senior Legal and Prosecutions Officer Regina Tembo from the Anti-Corruption Commission said Mushota had not demonstrated exceptional circumstances that would justify his release.
Tembo added that the appeal would likely be heard within six months—a period too short for Mushota to serve a significant portion of his sentence to warrant bail.
She also argued that Mushota’s previous compliance with bail conditions did not, on its own, qualify as an exceptional circumstance, and criticised his supporting affidavit as speculative and lacking personal knowledge, falling short of legal standards.
The matter awaits further determination by the High Court.
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