THE Lusaka High Court has upheld a five-year sentence slapped on former Ministry of Health permanent secretary Kashiwa Bulaya by the magistrates court for corruption and abusing the authority of his office.
Supreme Court Judge Marvin Mwanamwambwa dismissed Bulaya’s appeal when he sat as High Court Judge yesterday.
“I uphold the conviction and this appeal has no merit. I also uphold the seizure of assets,” Mr Justice Mwanamwambwa said.
He said corruption was an offence in the class of crime for financial gain and the rationale for forfeiture was to make the crime non-profitable.
“He (Bulaya) must go to jail now,” Mr Justice Mwanamwambwa said.
On January 27, 2007, High Court deputy registrar Edward Musona jailed Bulaya for five years with hard labour on three counts of corruption and abuse of authority of office.
In the first count the court found that while Bulaya was permanent secretary, he disregarded tender procedures and corruptly engaged Butico A1, a Bulgarian firm, to supply a drug known as Elixir 9 at a cost of over K4 billion between August 17, 2001, and October 31, 2001.
In the second count of corrupt practices by public officer, the court established that between August 17, 2001, and March 23, 2003, Bulaya received K116, 755,000 from Butico A1 chief executive officer Angelo Yotsov as an inducement or reward for engaging his company to supply the drugs to the Ministry.
In the third count, Mr Musona found that between October 11, 2001, and June 17, 2003, Bulaya received K913, 431,000 from Yotsov for supplying the Elixir 9.
But in his appeal, Bulaya denied receiving K1 billion from Yotsov and argued that no witness testified that he engaged or contracted Butico A1 as alleged and that no witness gave evidence that he offered to purchase or actually purchased the Elixir whilst he was permanent secretary.
Bulaya argued through his lawyer Frank Tembo that the charges were inherently defective, misleading, and incorrect and that Mr Musona’s conclusion was contrived because he did not care to find out whether Bulaya was permanent secretary throughout the period covered by the charges.
Mr Tembo said tender procedures were followed when Bulaya chaired a ministerial tender committee meeting at which he introduced the Elixir, which was apparently already in circulation.
In his judgment yesterday, Mr Justice Mwanamwambwa said Bulaya was instrumental in the procurement of the Elixir since he introduced it to the ministerial tender committee and that he later introduced Yotsov to the committee the same day.
He said Bulaya and Yotsov were close business associates as they were both shareholders in Anbul Investments Limited where Bulaya was also managing director.
Mr Justice Mwanamwambwa said of the K3.2 billion paid to Butico A1 by the ministry, 53 percent went to Anbul and finally found its way to Bulaya.
He said it was clear that Bulaya had an interest in the supply of Elixir and that Anbul benefited directly and indirectly from the contract.
Mr Justice Mwanamwambwa said Bulaya should have declared interest, as required by law, and that he should not have participated in discussions for the procurement of Elixir.
He said it was clear that Bulaya breached section 9 of the Zambia National Tender Board Act.
Mr Justice Mwanamwambwa said the ministerial tender committee rejected the supply of Elixir but Bulaya approved it alone and signed a Memorandum of Understanding that gave business to Butico A1 headed by Yotsov, his close business associate.
He said Bulaya received millions of Kwacha between August 13 and December 2001 directly from Yotsov and indirectly from Anbul Investments.
Mr Justice Mwanamwambwa said Bulaya did not dispute receiving the money, did not explain why he got it, and it was therefore presumed that he received it corruptly.
He said Bulaya approved the payments for Elixir that started before he introduced the drug to the tender committee.
Mr Justice Mwanamwambwa said Mr Musona correctly convicted Bulaya on all three counts.
He warned Mr Tembo for using disrespectful language that was in bad taste when he described Mr Musona’s findings as contrived.
He said lawyers should respect judgments delivered by courts of law.
[ Daily -Mail]
nambala wanu HO HO HO!
No comments from the shushushus?
Sounds like a James Bond film with these Bulgarians and Elixir 9…
:(|)~o) Now this is one good reason to celebrate. <:-p That MF had it coming for years and I [-o< that he becomes someone's wife in jail to round things off. LPM dealt with this thief with kid gloves, now justice has been served. =d> Please deal with the rest quickly
I think 5 Years is way tooo little!! ;;)
Well done late LPM.
Sony Ericsson Phiri any chance you and VJ are mates now? You rigged!
Ho Ho Ho
But in his appeal, Bulaya denied receiving K1 billion from Yotsov and argued that no witness testified that he engaged or contracted Butico A1 as alleged and that no witness gave evidence that he offered to purchase or actually purchased the Elixir whilst he was permanent secretary.
i guess you can agree with me soo transaction took place that time, but will the law gonna take it course on this issue. i wish my former president was still alive i guess is the one who is compitent enough to give him good heat and treatment
WAT A PLEASANT CHRISTMAS PRESENT FOR U BULAYA Y DID U EVEN APPEAL AT LEAST THIS TIME U WERE GOING TO REMIAN WITH 3YRS.I HOPE AND PRAY WE ALL OF US HAVE LEARNT A LESSON.
Justice is served atleast,=d>**==**==**==**==**==
Ok, am using a somebody else’s Pc, which would explain that ka foreign flag. I think Bulaya’s conviction is long overdue. The man must have been sentenced a long time ago but I guess the state needed to ensure that the subsequent appeals by Bulaya were not won. Congratulations Bulaya and have a wonderful time as a guest of the state, or words to that effect
Ho Ho Ho I told VJ to rig for Sata now look what he did, he owes me big time :d
Crime doesn’t pay. Justice has been served only its taken a bit long to come. His assets have also been forfeited to the state which is good.
@5, Girly, 5years is ok. Spending one month in our prisons is like 1000 years. The conditions are horrible there. Besides someone may even contract diseases in there like TB. That’s why most people die immediately they are released from prisons. Thats why they spend lots of cash on appeals trying to delay their cases
too bad mbuya,frm health PS to prisoner with hard labour,nkani yalula.hope other civil servants with high positions will learn a lesson,but sivimvela.the A/G’s report is ever marred with scandals.
Would be nice to visit him in jail. Can only imagi him in those white clothing (if they still wear the same). Whoever chose the white uniform was mean. How do you give whiteto a prisoner? An African prisoner for that matter!:d
Bulaya! Ho Ho Ho
viva justice! :):):)**==
….yet other criminals are still chilling and claiming to be poorly!!! Selective justice heh!!
Please hurry and do the same for the remaining criminals
Serves this Bulaya right, your actions caught up with you, you corrupt and unproductive piece of government SH!T.
Too late for the many HIV people who took Elixir because of the selfishness of one man.
=d> well done GRZ, but it could have been much more than this 5 yrs.
Viva H H man with good vision for Zed corruption free country
Prison life is not a laughing matter, it turns the toughest man into a helpless woman.
#13
I have no room for pity towards thieves!!5 years is way too little. He should have thought of that while he was busy abusin our funds! People are starvin while all along it was Christmas for him and his crew! Well….Let the christmas continue….in jail!! <:-p
I cant wait for the same result for kafupi. Kafupi naya sana!!!
five 5yrs only when he was busy killin pipo wit the drugs he was gettin for uth
:d/
girly nice to see you up and blogging. :)>-
ka kashiwa bulaya had fi respect he could kneel for anybody as long he wanted something from that person, kanshi emo kaleibila kakapala. he used to take briefcases full of dollars to plot 1 kuli ka fred kakabolala kanankwe. kwashala kashi miko nomba.
#14 Tumbuka Bull, uli mudumbu wane. Khrismisi ikaba uli? Ise kuno tikachitakochitako pa singo mwe.
Good lesson to all of us . Enjoy your stay God have mercy on you if indeed you are innocent as you claim.
ONLY BULAYA? THERE R SOMEMORE WHO SHUD BE SENT TO JAIL? LIMBI NA BULAYA ABAKOBWINO PANTU KUTI ABOSHA FAST FAST AND COME OUT BECOZ ICIPENDO TWAUMFWA CHAKULA AND I THINK IS THE ONLY ONE WHO CAN MANAGE TO BUY A 100 KG BAG OF UBUNGA AND SHARE IT TO SOME OF SOME……………
Jail them all the wrongs they have done,why put themselves in offices of authority when they know they got short falls?
`What goes around comes around´
This is one dark spot in LPM’s legacy. He shielded Bulaya from prosecution but at last the thief is in finally. The former ZANACO MD Samuel Musonda is next since he has also appealed. Get ready to be married in Chimbokaila Ba Kaboke imwe.
The Chinda-Law Association says YES to the conviction of corrupt Bulaya.Corruption is a crime.
Upcoming President.
:o:o
Very good news indeed. Perhaps we can now see the contents of Sokoni’s letter. Send Bulaya to Namseche prison in Chipata
A thief is a thief. 8-|
This greedy thief has finally been cornered. I wish him a good sense of reflction behund bars. Let him reflect and show remorse but please no parole. We now need to zero in on Chiluba and Chungu, thye must also be locked up.
Chiluba is now throwing tuntrums about London cases instead of showing remorse after his tailor broke down in court.
Good ridance!!!
Nice to know that even if our current president is giving a blind eye to corruption around him,the judiciary is busy work hard as directed by the mighty chief justice Sakala.Bravo Justice!
I agree with all calling 5 yers to little. In fact this thief with good behavior will be out in three yrs as per law. 1/3 of a sentence is usually probation. 10 yrs considering to many pipo suffering and leaders stealing.
Lesson for all ministers.
When is Chiluba going to jail????
Sakala, Musonda,Bulaya, Kaunda have received their sentences.
When is Chiluba’s going to be delivered????
Kwasala the present ps-ministry of health,i hope he has realised that what has happened to bulaya can happen to him.He should wake up and change his ways.Miti ni crook n0 1.A lot of people know this and he knows it too.He has played his cards right so far but one day,one day it will be like the famous bulaya,ending ububi.
Oh ho nkani lula. How health is he? Did his lawyer explain to him how Chimbokaila looks like. :x**==**==**==
GOOD, NEXT IS CHILUBA, AT LIST 10 YEARS. :d
good news to hear. Chiluba is next in line. VJ,BY, and chungu should follow him too. :)>-:)>-
:d/:d/:d/happy xmas