Magistrates dismisses application to separately charge former MOH PS
THE Lusaka Magistrates court has dismissed an application to separately charge and quash a charge involving former Ministry of Health permanent secretary for administration Caroline Kakulubelwa Mulalelo.
In this matter, former ministry of Health Permanent Secretary Kennedy Malama and seven others are jointly charged for failing to stick to procurement guidelines during the purchasing of 50 ambulances.
Dr. Malama, a medical doctor, is jointly charged with Dr. Francis Bwalya, 55, a medical doctor, Dr. Gardener Syakantu a medical doctor, Dr. Muzaza Nthele, 48, of house number 2801 Meanwood Ndeke also a medical doctor, Rebecca Ndhlovu, 60, a retiree and farmer of Zambia Airways area, Dr. Maximillian Bweupe, 51, a medical doctor and Wilson Lungu, 37, a chief procurement officer under the Ministry of Mines.
When the matter came up for ruling, magistrate Sanford Ngobola sitting under the Financial and Economic Crimes court ruled that the charge against Mulalelo is not bad for duplicity.
The court further ruled that Mulalelo cannot be separated from her co-accused stating that it is a matter of evidence since the charge is alleging that they committed the offense together.
“The charge against Mulalelo is not bad for duplicity and so the court dismisses the charge. Coming to whether she had been properly brought to court, it is a question of evidence since the charge is alleging that they committed the offence together, we can proceed to trial,” ruled the court.
Dr. Malama and eight others are facing four counts of willful failure to comply with applicable law contrary to section 34 (2) (b) of the Anti-Corruption Commission Act.
In count two, Malama is alleged to have between August 1, 2017 and December 31, 2017, in Lusaka being a person whose functions concern administration of public revenue in the Ministry of Health, jointly and whilst acting together with other person’s unknown did willfully fail comply with the law when 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 ambulance’s, supply and delivery of major spare parts for the ambulance’s and training of personnel’s, without following the laid down procedure for contract termination as prescribed by the public procurement Act No. 12 of 2008 read together with public procurement regulations of 2011.