FORMER Zambia National Service (ZNS) commandant, Wilford Funjika, has been sent to jail for nine months with hard labour after the Lusaka High Court revoked the suspended sentence the lower court gave him.

Funjika, 60, who was given a two-year suspended sentence by the Lusaka Magistrates’ Court due to his poor health, would now serve a custodial sentence for the two counts of corruption.

Judge Phillip Musonda, however, ordered that Funjika undergoes a medical examination at the University Teaching Hospital (UTH) before he starts serving the sentence.

But Funjika was immediately handed to the prisons authorities as the sentence was with effect from yesterday.

Judge Musonda noted that although Funjika had at one time served Zambia loyally, diligently and honestly, grand corruption was a serious offence that needed stiff punishment.

“I set aside the suspended sentence and impose what criminologists call a ‘short, sharp sentence’ which is reformative and a deterrent to other controlling officers and public officers, especially those who procure goods and services for Government,” Judge Musonda said.

Judge Musonda urged the Zambian government to ban fraudulent companies from supplying goods and services to the country and seek their blacklisting in their home countries.

“The convict shall serve nine months imprisonment with hard labour with effect from today, 10th March, 2008. It is ordered that a medical examination by UTH medical experts be conducted before he can formally start serving the sentence. I mean experts and not any general doctor,” he said.

In November last year, Funjika was sent to jail for two years but the sentence was suspended due to his poor health and on condition that he did not commit a similar offence.

Ndola High Court registrar, Jones Chinyama, sitting as principal resident magistrate, ordered Funjika to pay back to the State £15,000 that was given to his children as gratification by a British private company, Semyon, which supplied uniforms to ZNS.

He was ordered to pay back the money to the State within 90 day, failure to which a warrant of distress was to be issued. He has since paid back the money.

Judge Musonda said grand corruption for which Funjika was convicted was fifth in the order of seriousness and such offences invited a custodial sentence.

“Type one can be where an old woman or man is travelling and offers a bus conductor some money in order to secure a seat on the bus.

Obviously, it may be that she has been told she can only get a seat on the bus by offering a bribe,” he said. “Technically, this is corruption but less injurious to society.”

“Type two could be soliciting of money from a person whose title is being typed by a typist at Lands, or a constable asking for lunch money at a
road-block. I characterised this as corruption propelled by hunger. This may not attract a custodial sentence,” Judge Musonda said.

The judge stated that type five was very serious and was referred to as grand corruption in which society does not get value for its money.

“Type five involves abuse of office and soliciting for bribes, which lead to the inflation of prices at which goods and services are purchased; payment for goods not delivered, for projects not properly executed and Government loses billions of Kwacha,” he said.

“This is done by public officials (who are) well-paid and is propelled by greed. This is grand corruption and society does not get value for its money. This should invite a custodial sentence.”

Judge Musonda observed that although the medical condition was referred to in the lower court, there was no medical report tendered in evidence in the High Court.

Judge Musonda said the health of an individual might be mitigatory, but to what extent, was a troubling question to the court.

The judge noted that the majority of those who commit heinous sexual offences are afflicted with HIV/AIDS and sleep with young girls in the belief that they are cleansing themselves of the disease as ill-advised by some witchdoctors.

He said the imposed minimum sentence of 15 years on sexual offenders would not be reduced because the convict pleaded to be infected with the terminal disease.

Judge Musonda stated: “The point that is being made is that sickness as a mitigating factor has been diminished by legislative incursion in sexual offences.”

“Why and when should it diminish the seriousness of an otherwise serious offence? My view is that little weight should be attached.”

He said while magistrates and judges had the discretion in sentencing convicted persons where there were no minimum sentences set by the legislature, the overriding object was that the sentence must befit the crime.

He said it was accepted in Zambia and globally that corruption was morally repulsive and had devastating effects on the development of societies and economies as it rendered hard work an exercise in futility.

Judge Musonda stated that grand corruption incapacitates Government from providing society’s basic social needs, like health care, which might result in the poor dying.

Judge Musonda noted that in the case of Funjika where goods imported for men in uniform had the price inflated and the convict was paid £15,000 which he returned to Government, the payback was only a fraction of the variance between the market price of goods and the inflated price, which money Zambians have lost for good.

“The Auditor-General’s report has indicated that abuse of public funds and corruption is on the increase. The report indicates a culture of impunity, meaning some controlling officers feel they are beyond justice,” he said.

[Zambia Dailly Mail]