THE Lusaka High Court has upheld a four-year custodial sentence imposed on former Zambia Army commander Geojago Musengule for abuse of office of authority.
The court has also upheld a three-year jail sentence imposed on Musengule’s co-accused Amon Sibande for corruptly inducing a public officer.
Musengule and Sibande appealed against a Lusaka Magistrates’ Court conviction and sentence on grounds that the subordinate court erred in law and misdirected itself when it jailed them.
The duo was jailed on seven counts of abuse of authority of office, corrupt practices by a public officer and corrupt practices with a public officer contrary to the Anti-Corruption Commission (ACC) Act number 42 of 1996.
Delivering a six-hour judgement in Lusaka yesterday, a panel of three High Court judges comprising Charles Kajimanga, Florence Lengalenga and Elita Mwikisa dismissed Musengule’s 24 grounds of appeal and Sibande’s seven grounds of appeal.
The judges dismissed the duo’s grounds of appeal because they lacked merit.
“In totality, we find that the trial Magistrates’ Court dealt with this case successfully. We are satisfied with the findings of the trial by the Magistrates’ Court and we cannot interfere. This appeal in all is dismissed and leave to appeal is granted,” the judges said.
They said the Magistrates’ Court was on firm grounds when it convicted Musengule and Sibande.
The judges said the High Court can only interfere with the decision of the Magistrates’ Court if the sentence imposed on a person “comes with a sense of shock” but in Musengule’s case, the sentence did not “come with a sense of shock.”
The judges said the trial court did not error in law when it convicted Musengule for the manner he engaged Base Chemicals to build staff houses at Kaoma Barracks and supply of fuel to the army without following tender procedure.
They said Musengule unilaterally and single-handedly engaged Base Chemicals without following the law.
[Zambia Daily Mail]
All must be EQUAL before the law. Regina Chiluba, Katele Kalumba, Chiluba’s accomplices where r they?
Don’t they have military courts in Zambia to handle high profile commanders? How can a Army Commander be jailed by someone who handles shoplifting cases? That country lishamo mwe.
serves them right and to deter would be offenders
Bwafya taata wesu shipeni fye
I remember his daughter, they were our neighbours in Kalundu. What could you tell them then?
SELECTIVE JUSTICE, WHAT KIND OF ADMINISTRATION IS THIS?
To bad for the bossman. The problem is that our commanders do not have qualified advisors. The people at Finance Dept should have advised him but the problem is that they are all bootlickers and now the old man is languishing in jail. Sad
Iam disgusted the commander in chief who Iam sure was fully aware , if not endorsed these activities, went scot free. Selective justice indeed.
Iam laughing all the way to the beer garden. These guys really enjoyed our money. Pliz arrest the former zns comanders they chewed housing allowance
Where is Sub-Chief Natende-Katele Kalumba-His is long over-due
Let all corrupt people we know go to jail, zambian people are suffering because of them
YES SELECTIVE JUSTICE.WHY IS IT ONLY MILITARY CHIEFS WHO ARE BEING CONVICTED AND NOT POLITICIANS?
How come some cases have just gone quiet? Corruption must be dealt with swiftly & firmly.
Sta himself does things unilaterally without consulting parliament or indeed anyone.The law is selective in Zambia.Backwardness and hunger at play
Parliament should also be proactive. For example, I don’t understand why ZESCO is signing a huge contract of over US$5million for a KENYAN company to upgrade its IT. This does not smell right. Since when has Kenya become a renown supplier of IT? Have things become so rotten in Zambia? We used to teach Kenyans IT. They are most likely buying it from someone and selling to ZESCO. At such an amount, ZESCO can deal directly with the manufacturers or at least renown IT firms like those in Chennai.
we want to see Katele and Chungu,ASamuel Musonda ,Regina Mwanza in as well..whats happeneign..?
Nostradamus, this is a retired General. His cases started way after he retired so no need for a military court to handle this civilian criminal’s case