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The Zambia Wake-up Party Youth Wing has expressed concern and disappointment over outcome of the case involving Livingstone Mayor Constance Muleabai, describing it as a selective application of justice.
In a statement issued in Lusaka on Monday, Henry Musonda, the party’s National Youth Chairperson, said the court’s decision to acquit Muleabai of corruption charges raised serious questions about government’s motives and commitment to justice.
“We are troubled by the state’s failure to provide sufficient evidence when most of it has been in public domain and its apparent rush to bring closure for judgment,” Musonda said.
He alleged that government had been targeting opposition individuals rather than upholding the rule of law.
Musonda argued that the selective application of justice undermined the principles of fairness and equality before the law.
“The Zambia Wake-up Party demands transparency and accountability from our government,” he said.
Muleabai was acquitted of all corruption charges by the Livingstone Magistrate Court.
She had been facing two counts of corruption in which she was accused of soliciting and receiving a total of K300,000 from businessman Mark Gabites to allegedly facilitate the cancellation of property rates bills for Zam Nuka Farm Limited at the Livingstone City Council.
In delivering judgment, Magistrate Trevor Kasanda ruled that the prosecution failed to prove the charges beyond reasonable doubt, leading to her acquittal on both counts.
The court further advised the Anti-Corruption Commission (ACC) to ensure thorough investigations are conducted before taking matters to court.
Following the ruling, Muleabai was joined by community members and ruling party officials, including Katombola MP, Clement Andeleki and Sesheke MP, Romeo Kangomb in celebration of the court decision.
Meanwhile, Economic Freedom Fighters (EFF) party leader, Kasonde Mwenda, has criticized the acquittal of Livingstone Mayor Constance Muleabai in a corruption case, describing it as a national embarrassment and a travesty of justice.
Mwenda said the acquittal had shown that Zambia was now allegedly governed by the selective application of the law under President Hakainde Hichilema’s UPND administration.
In a statement issued in Lusaka on Tuesday, Mwenda noted that the Livingstone Magistrates’ Court had expressly established that the accused, in her official capacity as Mayor, corruptly obtained a bribe amounting to K180,000.
He said it was established that the payment was made in exchange for securing a 100 percent remission of property rates owed to the Livingstone City Council by Zamnuka Farm Limited, a private entity.
“The Court stated: ‘The State has established that the accused, in her capacity as Mayor of Livingstone, did corruptly obtain a cash gratification in the sum of K180,000.00…’” Mwenda highlighted.
He stated that despite this clear finding of fact, Muleabai was acquitted not because corruption did not occur, but because the prosecution allegedly failed to prove the precise route through which the money reached her.
Mwenda said the judgment did not uphold justice but instead reduced it to a technical escape route for the politically protected.
“The Anti-Corruption Act No. 3 of 2012 leaves no ambiguity. Corruption does not require direct hand-to-hand exchange,” he said.
He added that the law criminalized gratification obtained directly or indirectly, through third parties, in conjunction with others, and for personal or political advantage — and that the facts as established by the Court clearly satisfied these statutory thresholds.
Citing the Anti-Corruption Act, Mwenda said:
“A public officer who, by oneself, or by or in conjunction with any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain any gratification as an inducement or reward… commits an offence.”
“What Zambia witnessed in this case is not a failure of evidence, but a failure of political will and judicial courage,” he said.
Mwenda argued that the situation became more disturbing when contrasted with the treatment of former Patriotic Front Member of Parliament, Nickson Chilangwa, who was sentenced to five years’ imprisonment for an alleged arson case despite not being present at the scene of the crime.
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