Chikoti, four others acquitted
THE Livingstone Magistrate’s Court has acquitted Livingstone Town Clerk Vivian Chikoti together with four other senior management officials after the state prosecution failed to prove their case against them.
And Livingstone chief resident magistrate Willie Sinyangwe has warned the prosecution against using the courts as a reach tool for their cases.
Statement of the offence in Count One was that on a date unknown but between April 1, 2013 and April 14, 2014, Vivian Chikoti 50, director finance Kingsley Muchindu Siasinyanga 49, director public health Chabala Chanda, 42, director administration Rosemary Kaoli Chona 55, director planning Jammie Mukwato, 50 did give themselves personal loans to purchase personal vehicles and failed to follow applicable procedures and guidelines contrary to section 32(2)(b) of the Anti- Corruption Act No.3 of 2012, the offence they denied.
The funds they used were held in the special delivery fund account held at Zambia National Commercial Bank meant for workers’ salaries and other funds held at Finance Bank account which were disbursed to the council by National Road Fund Agency and Ministry of Tourism meant for road drainage works, garbage collection and works towards the Livingstone Inter-City Bus Terminus and Livingstone Modern Market, in preparation towards the hosting of the United Nations World Tourism General Assembly in 2013 by the Ministry of Tourism.
Further, Kingsley Muchindu Siasinyanga and Chabala Chanda were jointly charged with another count of abuse of the authority of office contrary to section 21 (1)(a) of the AntiCorruption Act No. 3 of 2012 of the Laws of Zambia.
Particulars of the offence being that the duo on dates unknown but between April 1, 2013 and December 31, 2014, jointly and whilst acting together with other persons unknown did abuse the authority of office by directing drivers from Livingstone City Council namely Mr. Active Anungu Cheelo, Mr. James Mishengo and Mr. Norman Chibuye to be paid subsistence allowances to travel to Dar Es Salaam, Tanzania to pick up the vehicles, acts which were arbitrary and prejudicial to the rights and interests of the Government of the Republic of Zambia. When the matter came up for ruling on Tuesday, March 13, 2018, magistrate Sinyagwe ruled that after the close of the prosecution, there was need for the State to establish essentials of the offences.
However, in count one, Magistrate Sinyangwe said that there was no essentials of the offence adding that the way the prosecution framed the offence was a bad charge.
Magistrate Sinyangwe said that the section of the offence which the state quoted was variedly and the particular was none-existent.
The five accused person were being represented by James Mataliro of Mumba Malila and Partners, Maj Isaac Masonga of KBF and Practitioners and Adrian Nkausu of Nkausu and Company.