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The amendment has seen the addition of one count in which Director of Public Prosecution (DPP) Mutembo Nchito has sanctioned the prosecution of SOGECOA Zambia and SOGECAO Construction and Engineering Investments Limited for the offence of corrupt practices with Public Officer contrary to section 19 (2) as read with Section 40 of the Anti-Corruption Act No. 38 of 2010.
Particulars of the offence are that SOGECOA Zambia and SOGECAO Construction and Engineering Investments Limited companies which are subsidiaries of ANHUI Foreign Economic Construction Company of China, a company that had dealings with the government of Zambia to do various public works, on dates unknown but between the 1st January 2011 and 30th August 2011 in Lusaka District of Lusaka Province of Zambia jointly and whilst acting together with other unknown persons did corruptly give 10 motors vehicles valued at 180, 000 US Dollars to Mr. Rupiah Banda being a person holding and performing functions of President of the Republic of Zambia as gratification in return for his favorable treatment of the two companies in their dealings with the government of Zambia.
The 10 vehicles include six Mitsubishi canters, one Hino Ranger, one Fuso fighter and two Toyota Toyoace.
And in the other counts the DPP has sanctioned the prosecution of Mr. Banda for Corrupt practices by a Public Officer contrary to Section 19 (1) as read with Section 40 of the Anti-Corruption Act No. 38 of 2010 and Concealing gratification contrary to section 36 of the Anti-Corruption Act No. 38 of 2010.
The Particulars of the first count are that Mr. Banda on dates unknown but between 1st January 2011 and 30th August 2011 in Lusaka District of Lusaka Province of Zambia, being a person holding and performing the functions of President of Zambia did corruptly receive six Mitsubishi canters, one Hino Ranger, one Fuso fighter and two Toyota Toyoace valued at 180, 000 US Dollars as gratification from SOGECOA Zambia and SOGECAO Construction and Engineering Investments Limited, the two companies that had dealings with the Zambia government and that the gratification was an inducement for him in return for his favorable treatment of the two companies in their dealings with the Zambian government.
Particular of the second count are that Mr. Banda on dates unknown but between 1st January and 30th of August in Lusaka District of Lusaka Province of Zambia did receive the said vehicles in count one as gratification and concealed the receipt of the said motor vehicles by having them registered in the names of James Banda, Verecy Lute Banda and Kelvin Sampa.
The amended indictment dated November 20th 2013 and signed by the Director of Public Prosecutions Mutembo Nchito and obtained by Qfm today has since been submitted to the Lusaka Magistrate Court.
The matter has since been adjourned to 28th November for plea.
QFM
