Ex Health PS, others in court
FORMER Ministry of Health Permanent Secretary – Technical Services - Kennedy Malama and five others have appeared in the Lusaka Magistrates’ Court in a case they are jointly charged with willful failure to comply with applicable law and procedure contrary to Section 34 (2) (b) of the Anti-Corruption Act number 3 of 2012.
Dr. Malama, 53, a medical doctor, is jointly charged with Dr. Francis Bwalya, 55, a diplomat based in Geneva, Switzerland, Dr. Muzaza Nthele, 48, of house number 2801 Meanwood Ndeke and a diplomat based in Beijing, China; Rebecca Ndhlovu, 60, a retiree and farmer of Zambia Airways area, Dr. Maximillian Bweupe, 51, a diplomat at the Zambian embassy in Washington DC, US, and Wilson Lungu, 37, a chief procurement officer under the Ministry of Mines.
In the first count, Dr. Malama is charged alone and particulars of offence are that on an unknown date but between August 1, 2017 and December 31, 2018 in Lusaka, being Permanent Sectary - Administration at the Ministry of Health, he jointly and whilst acting together with other persons unknown willfully failed to comply with applicable procedure or guidelines relating to procurement by terminating contract number 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 the second count, particulars of offence are that all the six accused persons on an unknown date but between January 1, 2017 and December 31, 2017 in Lusaka, being persons employed in the Ministry of Health, jointly and whilst acting together with other persons unknown willfully failed to comply with applicable procedure or guidelines relating to procurement by approving MPC paper number 131 of 2017.
According to the charge sheet, the paper recommended the use of Limited bidding International as the appropriate method of procurement of the 50 ambulances without providing justifications or reasons in the said paper for use or choice of the method of procurement.
After the charge was read out to them, they all told Chief Resident Magistrate Dominic Makalichi that they understood the charge but they could not take plea as the Section under which they are charged requires consent from the Director of Public Prosecutions (DPP) before commencement of trial.
Public prosecutor Daniel Ngwira told the court that the State is still awaiting the DPP’s consent after which the case was adjourned to January 27, 2022.
Dr. Malama is represented by lawyers Makebi Zulu and Jonas Zimba.