Rupiah case set for ruling on October 7

THE Lusaka Magistrate’s Court has set October 7 as the date for ruling on whether or not to quash the indictment in the case in which former President Rupiah Banda is charged with corruption.

This is in a matter in which Banda is charged with two counts of receiving 10 motor vehicles from Sogecao Zambia Limited and Sogecao Construction and Engineering and for concealing gratification involving nine light trucks contrary to the Laws of Zambia.
When the matter came up before magistrate Obbister Musukwa yesterday, the State said it had not responded to the request to quash the indictment because it was not served the submissions on time.

Magistrate Musukwa set September 23, 2013 as the date on which the State will file its submissions.
Mr Musukwa also set October 7, 2013 as the date on which he will make a ruling on whether to quash the indictment or not.
Banda has asked the court to quash the indictment saying it is defective and bad at law and will cause him embarrassment if the court is to proceed.

He said the State has failed to properly identify the motor vehicles he is alleged to have received and that the said company he is said to have received the vehicles from has not been connected with any public body.

Banda said the indictment should be quashed on grounds that it is embarrassing and will lead to gross prejudice.

He said in the event that the court does not quash the indictment, the State should furnish him with the particulars being sought.
Particulars of the offence are that Banda, who was Zambia’s President between 2008 and 2011, between January 1 and August 30, 2011 in Lusaka allegedly corruptly received 10 motor vehicles as gratification from Sogecao Zambia Limited and Sogecao Construction and Engineering, which are subsidiaries of Anui Foreign Economic Construction Company that had dealings with the Government relating to public works.

Banda is in the second count charged with concealing gratification pertaining to the same motor vehicles.