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.