Court warns No-show ACC over delaying Kambwili case
LUSAKA principal resident magistrate Mwaka Mikalile has threatened to invoke relevant provisions of the law and free NDC leader Chishimba Kambwili and four of his co-accused if ACC continue causing unnecessary delays in the matter before her.
This was after the defence lawyers expressed displeasure over the absence of the prosecutors in court without giving any reason.
Kambwili, his son Mwamba and three others are facing several counts including dishonestly obtaining US$105, 220.07 from China Henan. The matter yesterday failed to take off after ACC prosecutors did not show up in court.
Magistrate Mikalile said it was unacceptable for the matter to drag on for a long time without any progress.
Kambwili, Mwamba, Mwamona Engineering and Technical Services, Lukwesa Musonda Brano and Mulenga Makasa Kapilima are charged with making a document without authority, uttering a false document and obtaining pecuniary advantage by false pretense.
It is alleged Mwamoma Engineering and Kambwili on dates unknown but between August 1, 2014 and September 30, 2016, in Lusaka, dishonestly obtained US$105, 220.07 from China Henan, purporting that Mwamoma, a company which was subcontracted, was executing the works on Luwingu-Mansa road when in fact not.
Kambwili and four others are also alleged to have presented a false ZRA tax clearance certificate to Zesco purporting that it was genuinely issued, resulting in the award of a contract of K8 million for the construction of houses and toilets under the Lunzua Hydro Power project, thereby obtaining pecuniary advantage of a contract sum of K1, 652, 482.81.
When the matter came for trial, Magistrate Mikalile who expressed concern by the failure of ACC prosecutors to appear in court warned that if the ACC continue failing to prosecute the mater she was going to invoke some provisions of the law so that the case can restart when they are ready to proceed.
The matter has since been adjourned to July, 31, 2020 for mention and setting up new trial dates.