Zambia’s Former President Rupiah Banda appeared in court today for the first hearings on the second set of charges he is facing from the government following the removal of his immunity this past March 15.
Former President Banda is accused of having received nine trucks as “gratification” before Principal Resident Magistrate Obister Musukwa. The motor vehicles are all valued at K471,000,000 or Kr471,000. The case has taken on political overtones, as Banda’s supporters argue that the charges are without substance and politically motivated toward prevented the former president’s return to the fray, while the Director of Public Prosecutions (DPP) Mutembo Nchito, could face de-registration from the Law Association of Zambia for allegedly having sworn before parliament that he would recuse himself from cases of personal interest.
At exactly 09:22 hours magistrate Musukwa entered courtroom number three where hearing of this matter would be taking place. This is the same court room where the Chief Resident Magistrate Joshua Band sits to hear Mr. Banda’s other case of abuse of authority of office. The state, through the Chief Prosecutions Officer from the Drug Enforcement Commission (DEC), Mr. Simwinga told the court that while the former president stood in the accused dock, that the matter was only coming up for mention as no instructions had been received from the Director of Public Prosecutions, DPP.
After verifying Mr. Banda’s personal details, Magistrate Musukwa proceeded to explain the particulars of the offence. According to the charge sheet read out in court, Mr. Banda, 75 has been charged with Concealing Gratification contrary to section 36 of the Anti-Corruption Act number 38 of 2010. Particulars of the offence are that Mr. Banda on dates unknown but between the 1st day of January, 2011 and the 30th day of August 2011 at Lusaka in the Lusaka District of Lusaka Province of the Republic of Zambia, received 9 motor vehicles namely Mitsubishi Canter chassis number FE538E-20252, Mitsubishi Canter chassis number FE649E-520121, Mitsubishi Canter chassis number FE648E-501363, Mitsubishi Canter chassis number FE648E-501111, Mitsubishi Canter chassis number FE63EG-550624, Hino Ranger chassis number FD2JLB-16068, Toyota Toyo Ace chassis number BU212-0104855 and Fuso Fighter chassis number FK618K-510102 all valued at K471,000,000 which property was obtained as gratification from Sogecao Zambia Limited a subsidiary of Anui Foreign Economic Construction Company, a company contracted to construct the Levy Mwanawasa Stadium in Ndola and registered in the names of Mr. James Banda, Ms. Verecy Lute Banda and Mr. Kelvin Sampa.
The matter has been adjourned to May 30, 2013 for mention and June 17, 2013 for pleadings.
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