Former Southern Province Minister, Joseph Mulyata has been acquitted of charges of abuse of authority of office. This was in a case in which Mulyata was charged with abuse of authority of office in connection with the release of an impounded bus belonging to Lusaka businessman, Geoffrey Bwalya Mwamba.
Mulyata, 47, a member of parliament for Mongu central, was arrested on December 7 and released on K5 million bond the same day.
Particulars of the offence were that, on a date unknown but between July 13 and July 31, 2007 in Livingstone, Mulyata, being a person employed in the public service as then minister for southern province abused the authority of his office by directing officers from the Road Development Agency (RDA) to release a Germins Motorways bus registration MGL06.
The bus had been impounded for evading a weighbridge without paying the required fine, an act arbitrary and prejudicial to the interest of the Government of Zambia.
In his ruling delivered in a Livingstone magistrate’s court yesterday, Magistrate Edsen Shanduba acquitted Mr Mulyata saying he had been exonerated by one of the
witnesses.
Mr Shanduba said that prosecution witness Mubuyaeta Kapinda, who was then Road Development Agency (RDA) regional engineer, exonerated Mr Mulyata when he
testified in court that he willingly released the bus.
Mr Kapinda had told the court that he willingly released the bus after considering the circumstances that were prevailing at that time.
”After looking at the circumstances, I decided to release the bus. As a senior Government official, Mr Mulyata assured that the fine would be paid so I went
and got the keys and released the bus to the driver,” Mr Kapinda had said in his testimony.
Mr Kapinda had maintained in court that there was no directive from Mr Mulyata but a request that the bus be released and a fine to be paid later.
He explained that the Government did not lose in any way as the fine of US2000 for the release of the impounded bus had since been paid.
”The Government did not lose in any way. The decision to release the bus was purely my own,” Mr Kapinda had said.
In their submission, the defense stated that essential elements in the case had not been proved while in their submission the prosecution argued that Mr
Mulyata be found with a case to answer because he used his position as then southern province minister to release the bus.
The prosecution stated that Mulyata made the directive more than once while the defense argued that the prosecution had failed to say the exact words Mulyata
used in directing’the RDA officers to release the bus.
”In my view, the word directive, means to give orders and those orders must be followed. When a person is directed to do something, they do not have a choice.
Under these circumstances however, I do not agree that the request was in essence a directive.”
”The word directive is not synonymous with the word request. A request can either be granted or refused,” Mr Shanduba said.
Magistrate Shanduba maintained that according to the evidence adduced in court, the bus was released not because Mulyata directed the RDA officers but that Mr
Kapinda released the bus in his capacity as the then RDA regional engineer.
He said Mr Kapinda used his discretion to release the bus and it was on record that the US$2000 fine for the impounded bus had been paid.
In my view, there was no offence. Mr Kapinda exonerated Mulyata and in accordance with section 206 of the criminal procedure court of the Penal code, I
now dismiss this case. Mr Mulyata is now acquitted. Accused, you are now free. You can now go and sing a new song,” Mr Shanduba said.
Speaking in an interview shortly after being acquitted Mr Mulyata thanked his lawyers saying he was grateful that the case was finished and that he had been
vindicated.
”I have no ill feelings against anyone. Am just grateful that the case is over,” Mr Mulyata said.
Corruption at it’s best….Justice with so many flaws.
Kaboke naupusuka.
Ata, luck lustre approach by the state, bane people should learnt to ne thorough, has anyone of these prosecutors ever heard of lacuna, my God, oh I forgot these are the new graduates with LLB and BSC in Geometric Progression and Conflagration (Stone throwing and lighting fires)
“Mubuyaeta Kapinda, who was then Road Development Agency (RDA) regional engineer, exonerated Mr Mulyata when he
testified in court that he willingly released the bus.”
So he is no longer regional engineer, he must have been corrupted by mulyata
Iam not suprised at the outcome of this case. What do you expect with prosecutors who spent their time at the university stoning people’s vehicles and crying for handouts!
What bussiness has an engineer got with raleasing a bus impounded for non payment of duties ??
In Africa Diectives , requests, orders all mean the same thing.
Very flawed ruling. Anyway he wont do that again.
#6 Use spellcheck.
It is fine. Moses Katumbi has no case either. FTJ should be next. I just feel pity for Richard Sakala (the weakest link).
stupid prosecuters, can’t even see the simple math in there face. mulyata is no longer a minister, the engneer guy is also not part of govt anymore, and you know what G.B.M is all about, buying people!. you think theses chromosomes will be part of the prosecutors side? zambians, when are we going to wake up, this is our fight. again zambians this is our fight. for those outside zambia, ever seriosly wondered what you are doing where you are?? its because of such devices, that can’t make our lives in zambia better.
There still remains the question of flaunting procedure. Mulyata used his office to allow the bus to leave and pay the fine after the fact. He created a break in the process. this is a sign of inpunity
Reinstate him since he has no case to answer, let my grand father(MUNKOMBWE) go to his farm and look after his ten wives, grandchildren and great great grandchildren. sweet sweet sweet law.Mwanya those who where saying crucify him!!
#9
You are right. I agree with you.
Ala mukwai e democracy balanda po…
Kapinda was corrupted and drilled on what to say. Perhaps even Shanduba got a lion’s share to acquit Mulyata. Thank God there is a God above who cannot be cheated nor corrupted. Now all of you-Messrs Mulyata, Kapinda and Shanduba should putyour huses in order with your God in order to enter heaven. Your sins should be confessed to Him. I am convinced that Mulyata has a case to answer to his God. God cannot be mocked.
Wow, what kind of flawed judgement is this? Even I who is not educated in law can clearly see that the minister interfered with the established operational guidelines of the weigh station. It is the people manning the weigh stations who have authority to impound, fine, or release the vehicle. A decision on this has to be made within reasonable time not exceeding twenty minutes and there has to be a record of it. From the details given, there was no record of the decision made to fine the bus operator until after the minister intervened. This also is a clear indication that peiople tasked to enforce guidelines do not care about their job. Wake-up Zambians.
I’m disappointed with the outcome of this case. I hope the OP, DEC and other concerned authorities should monitor this Kapinda chap.Certainly his bank balance, assets and way of life has changed since the inception of this case. Does he think we are too daft not to see how this acquittal was calculated?
It’s high time for lawyer and judges to account for the outcome of the judgements they pass , the judiciary is the most corrupt.
Ask the chief justice .He said if I may remind yu that even in judicialy there is corruption.what do yu expect from that jugde.worse still those to ma stone throwers proscuters.its a shame.viva LPM
The best thing I could do is not comment. Our govt should just give amnesty to all with pending cases for it to look like the is a resembrance of justice. This guy was fired because of this case, so what happens next? I know you will tell me that it is the Presidential prelogative. Well, the guy is now innocent according to the court. I feel like too much meddling in the judicial affairs is going to destroy our nation. Why even extend to powers of the task force when other corruption cases are dealt with kid groves?
An Acquitor is an acquitor. Sometimes lets learn to accept what is morally right. Mr. Mulyata lost his job because of the silly civil servant. Let us learn how to read the facts of the matter. They are a lot of overzealous civil servants who want to whistle blow even were there is no evidence. Its not only Mr. Mulyata who has been faced with such a situation. They are many of us who have been in similar situation who have lost our life time jobs just because a stupid civil servant does not like you or twist facts so that you get fired.
I hope Levy will give him the job back.
LT, CAN YOU PLEASE BOTHER TO REPORT ON THE SITUATION IN SOUTH AFRICA. PIPO IN SA ARE IN DANGER AND YOU DECIDE TO PLAY A LOW PROFILE. HOW UNCARING. WE WANT TO KNOW THE CONDITION OF OUR BROTHERS AND SISTERS, AND FRIENDS INSTEAD OF WHO WAS ACQUITTED WHERE. WHAT IS NEWS TO YOU? FOREIGNERS ARE BEING KILLED SA AND THE SITUATION IS TERRIBLE.
Though opportunistic PF cadres are in shock, confusion, panic mode and denial of their Leader, some of us applaud Ba Sata and HE Dr.Mwanawasa without apology. The the two leaders have shown their statesmanship spirit by pulling themselves first and their support bases for a desirable national reconciliation.
THIS IS ALL STATESMANSHIP
PATRIOTIC Front president Michael Sata has challenged politicians accusing him of compromising the role of the opposition to take over and become major political parties.”When you say you are weakening the opposition, how can one party weaken the other opposition political parties? How? But the whole point is why don’t they take over to become major opposition parties?He said apart from MMD and PF gaining, the nation stood to benefit from his newfound friendship with President Mwanawasa.
Sata said most people were panicking because they survived on the bickering that existed between him and President Mwanawasa, and that they were panicking because they did not have an alternative policy.
G.B.M is a criminal…..
Give him back his job LPM you knew the out come.
Only the poor face the wrath of the law in Zed.
#22, i support you. what the 2 guys did (sata n levy) is most honourable. Actually, they have served a lot of ugly situations. Zambia could have been another Kenya or Zimbabwe. We don’t that in a country thats a brother’s keeper-no matter how little we have we will always share with other needies. I do not belong to any political party. But, what the 2 leaders have done is most sensible. Most of us don’t want to remain abroad for keeps. And mind u just look around the neighbourhood. If Zambia had to face civil war, do u think with the type of neighbourhood we can even run to them? Maybe Tanzania.
It is the stone throwers prosecotors that were stupid in the fisrt instance. This engineer, Kapinda was initially recorded a statement where he admitted having released the bus willingly. But they still went ahead to present the matter before court. If at all, Kapinda was proved to be at variance with his statement in court, then he should have been declared a hostile witness. The law is very clear.
So the court was right to acquit mr Mulyata. The people at fault were the prosectors. Like # 20 has alluded, an acquital is an acqiutal. Lets no shift goal posts. The magistrate was well aware that the nation was watching.
It is the stone throwers prosecotors that were stupid in the fisrt instance. This engineer, Kapinda was initially recorded a statement where he admitted having released the bus willingly. But they still went ahead to present the matter before court. If at all, Kapinda was proved to be at variance with his statement in court, then he should have been declared a hostile witness. The law is very clear.
So the court was right to acquit mr Mulyata. The people at fault were the prosectors. Like # 20 has alluded, an acquital is an acqiutal. So lets not shift goal posts. The magistrate was well aware that the nation was watching.
Now that he has bin acquitted, can he be reastated.Let us learn that,a criminal is the 1 who has bin found guilty by the courts of law.
It is the prerogative of the president to appoint and fire. So, if the president fired Mr. Mulyata on the grounds that he abused his office but let alone, acquitted by a competent court, he can still reinstate him. But with that background, the President may not appoint him in the same office. However, the MMD is not short of Leaders.
cvcfhdfdfgdfgdfgdfgdfgdf
Wila tumpa iwe ka #33 kamusula kobe what is this?
let mulyata be reinstated or be given another assignment. he has no case to answer unlike nyirongo.munkombwe is to old to work, let the man retire.
Leave Mr Munkombwe alone. There is no way Mulyata can be reinstated as Southern Province minister because the Tonga chiefs say they are now happy that a Tonga is now in charge of the province. I doubt that Mwanawasa can dare annoy them by reversing that arrangement. Mulyata should remain an ordinary MP or appointed Minister of some other portfolio. Don’t mind a blotted cabinet, this is Zambia; anything goes.
just take it up and appeal on behalf of the people
The law is trampled upon in zed ayi!!what the hell is this acquittal nonsense?
LT please give us something to debate on. Maybe i can help you a bit, not that i’m sharp but you bore me big time with non issues like stupid ex provincial ministers being acquited. Mailo our brothers in Jo’burg may land in caskets after being burned alive coz we have not created jobs home 17 years after KK left and Kafupi swindled us. Is it not time Levy and his Cabinet sat to brainstorm? Look at it this way; Chinese chaps have no alternative jobs for us no matter how much they’ll brag they are bringing in. Next is these Nigerian chaps out to open a bank (of all feasible investments). Twanya ifwe but i expect Boma to move plenty cash there Zamtrop style…remember the case of Meridien Biao?
AQUITTAL!WHY? Thats exactly what I expected knowing Zambian magistrates & Judges. The whole legal system has gone to the dogs and needs an urgent overhaul. Could someone put an injunction to stop these incompetent men of the law from handling corruption cases because its not helping anyone other than depleting our tax payer’s coffers. NO WONDER IN PAPERS PLUNDERERS ARE ALWAYS SHOWING WIDE SMILES AT COURT ENTRANCES beacuse they are sure they will be AQUITTED sooner or later.
Since I am a proponent of Zambian judiciary, I am in a way satisfied that “justice” has been served. We could not have had the minister be judged by another court outside Zambia. The Zambian bench has declared his innocence. The merits and demerits of the case now remains to be debated among our lawyers, judges and parliament that can see to it if our judicial system is serving the people of Zambia fairly. It is only Zambia that can perfect all its arms of govt and should never ever sell its sovereignty to the dogs.
It does not pay to report corruption cases. Even obvious corruption cases have been taking long to take court, hence evidence is destroyed in the process. The victims of the vice continue with it. Why waste my time to report cases when ACC are not serious?
It appears, globally in many instances criminality has always been one step ahead of legal instruments used trying to curb it. There is need to redefine criminality in order to constantly reveiw methods and instruments used to detect and curb it
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