Witness confesses failing to follow procedure in Stardy Mwale case

By LUCY PHIRI

A STATE witness has told the Lusaka Magistrate Court that he also failed to follow procedure as a custodian of the law in a case former Defence Permanent Secretary, Stardy Mwale is charged with wilful failure to comply with the law, applicable procedure or guidelines.
The matter is in relation to the failure to comply with the law, relating to the procurement of the Gulfstream G650 Presidential jet.
Mr. Charles Lungu, a former director of procurement at the Ministry of Defence, told Chief Resident Magistrate, Davies Chibwili that he was among the six accused persons in the matter.
Mr Lungu was testifying in a matter in which Mwale and five others pleaded not guilty to four counts of wilful failure to comply with the law, applicable procedure or guidelines, relating to the procurement of the Gulfstream G650 Presidential jet.
Mwale is jointly charged with Isabel Wilima Chinji, Brigadier General Michael Obister Mbewe, Brigadier General Evaristo Sakala, Brigadier General Frank Hardy Sinyangwe and Dr John Phiri.
Mr Lungu testified that he also failed to follow the law as a custodian of it.
He said in cross examination that a failure to follow procedure rest on his shoulders as an advisor.
He said according to Regulation 113 of the Public Procurement Regulations, Statutory Instrument No, 63 of 2008 the accused persons did not commit any wrong.
“You will agree with 132 and 113 of the public procurement regulations that these people committed no wrong?” Asked defence lawyer, Mr. Milner Katolo. “Correct,” Mr Lungu responded.
When further asked if his client accused number two, Chinji appeared in the register of attendance of the procurement meeting? He said she was only appearing on the first page.
It is alleged in the first count that Mwale, Chinji, Mbewe, Sakala, Sinyangwe and Phiri between March 1, 2017 and April 4, 2017 in Lusaka, being persons concerned with management and use of public revenue, as members of the Ministerial Procurement Committee for the Ministry of Defence without following tender procedure wilfully failed to comply with section 52 (1) of the public Procurement Act No. 12 of 2008 as read with Regulation 113 of the Public Procurement Regulations, Statutory Instrument No, 63 of 2008 when they awarded contract no. NOD/MPC/024-17 for the modernisation of Defence Forces to ELBIT Systems Limited without bid evaluation. Trial continues.