FORMER EDUCATION PS DR NKANZA REMOVED FROM YAMBA CASE

LUSAKA Chief resident magistrate Davis Chibwili has separately charged former Ministry of Education Permanent Secretary Dr Patrick Nkanza in a matter he was jointly charged with former Secretary to the Treasury Fredson Yamba and five others on grounds that his charge is not in relation with the FTJ Chiluba University.

Mr. Chibwili ruled that Nkanza’s count has nothing to do with the FTJ case that he is jointly charged with therefore he has been removed from the group and will be charged alone.

“Nkanza you have been removed from these proceedings following the amendment of the indictment, I will allocate this matter to magistrate Sylvia Munyinya for commencement of plea and I will read the counts again for the four accused persons remaining,’’ he said.

Previously, Nkanza through his lawyer said his count had nothing to do with the FTJ case that he is jointly charged with, he said the charge should be quashed.

His lawyers urged that Nkanza should not appear on a charge sheet because his charge is different from other accused persons he is charged with.

In this case, Nkanza is jointly charged with Yamba, former Ministry of Higher Education Permanent Secretary Owen Mugemezulu and former ministry of Education employees, Joseph Nthele, Joseph Phiri and Joseph Ngulube.

Nkanza is charged with willful failure to comply with applicable law and procedure contrary to section 34 (2) (b) of the anti-corruption act no. 3 of 2012.

It is alleged that Nkanza on a date unknown but between January, 1 2015 and December, 31 2015 in Lusaka, being Permanent Secretary in the Ministry of Education, Vocational Training, Science and Early Education, did willfully fail to comply with Section 54(2)(d)of Public Procurement Act No. 12 of 2008 being the applicable law relating to procurement in entering into a contract with China Energy Engineering Group-Hunan Electric Power Design Institute Co. Ltd worth K213,734.967.77 without confirming the availability of funds. Magistrate/ Prosecutor.

The court has adjourned the matter to May 2, 2023 for commencement of trial.