Lusaka magistrate’s court dismisses application by Rupiah Banda

The court also dismissed the application to quash the indictment involving two counts of corrupt practices because it was a misdirection to the court.
Principal resident magistrate Obbister Musukwa, in his ruling yesterday, said the charges slapped on Banda were not bad at law but merely defective and could be rectified.
He said Banda could not suffer any embarrassment or gross injustices if allowed to face the charges because they could be adjusted and that the indictment could only be quashed by Law if the act was punishable.
This is in a case in which Banda is alleged to have corruptly received 10 motor vehicles from Sogecao Zambia Limited and Sogecao Construction and Engineering as an inducement or reward for himself in return for his favourable treatment in their dealings with Government between January 2011 and August 30, 2011.
In count two, Banda is accused of concealing gratification involving nine light trucks contrary to Section 36 of the Anti-Corruption Act.
Particulars allege that Banda, between January 30 and August 2011, received nine motor vehicles, all valued at K471, 000.
This was alleged to have been obtained as gratification from Sogecao Zambia, a subsidiary of Anui Foreign Economic Construction Company, a firm contracted to construct the Levy Mwanawasa Stadium in Ndola.
Banda is alleged to have concealed the receipt of the motor vehicles by having them registered in the names of other people connected to him.
In his submissions through his lawyers, in support of the application to quash the indictment, Banda said the State breached provisions of Section 134 and 137 of the Criminal Procedure Code, Chapter 88 Volume 7 of the Laws of Zambia which governed and regulated the preparations of the indictment.