Court News

Dr Malama And 5 Others Appear In The Lusaka Magistrates Court

FORMER Ministry of Health permanent secretary administration Dr Kennedy Malama and five other ministry officials today appeared in the Lusaka Magistrates’ Court for failure to follow procurement procedure.

Mwebantu reports that Dr Francis Bwalya, Dr Muzaza Nthele, Rebecca Njobvu, Dr Maxmillian Bweupe, Dr Kennedy Malama and Wilson Lungu appeared before Lusaka Chief resident magistrate Dominic Makalicha who explained the charges to them.

However, the accused persons could not take plea because the Director of Public Prosecutions DPP has not yet issued consent to prosecute the case.

Magistrate Makalicha adjourned the case to January 27 for a mention as instructions from the DPP are awaited.

In count one, Dr Malama is charged with wilful failure to comply with applicable procedure contrary to Section 34 of the Anti-Corruption Act no.3 of 2012.

Allegations are that on dates unknown but between August 1, 2017 and December 31, 2018 in lusaka, being permanent secretary administration at the Ministry of Health, and jointly and whilst acting together with other persons unknown, Dr Mala a did wilfully fail to comply with applicable procedure or guidelines relating to procurement by terminating contract No. MOH /ORD/004/15 between the Ministry of Health and Savenda Management Services Limited for the supply and delivery of 50 basic life support ambulances, supply and delivery of major spare parts for the ambulances and training of personnel.
In count two, Dr Malama and five others are charged with wilful failure to comply with applicable law and procedure.

It is alleged that Dr Bwalya, Dr Nthele, Njobvu, Dr Bweupe, Dr Malama, and Lungu on dates unknown but between January 1, 2017 and December 31, 2017 at Lusaka being persons in the employ of the Ministry of Health and members of the Ministerial Procurement Committee (MPC) jointly and whilst acting together with other persons unknown, did wilfully fail to comply with applicable procedure or guidelines relating to procurement by approving MPC no.131 of 2017 which paper recommend the use of limited bidding international as the appropriate method of procurement of 50 ambulances without providing the justifications or reasons in the said MPC paper no 131 of 2017 for use or choice of this method of procurement.

The matter comes up on January 27 for mention.

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