By Esther Chisola
Lusaka Chief Resident Magistrate Davies Chibwili has ordered for a 45 day extension time period in which to handle the case where former Ministry of Health (MoH) permanent secretary for Technical Services Dr Kennedy Malama and eight others are charged with willful failure to follow procedure in the procurement of 50 basic support life ambulances.
This ruling came after defense lawyer Lubinda Linyama applied for dismissal of the matter for want of prosecution.
Linyama argued that at the stage the matter had reached, the court was no longer clothed with jurisdiction to go any further.
“In other words, this court cannot extend time that has expired. Our argument your honour is canvased by other authorities we have cited,” said Linyama.
In response, state prosecutor Daniel Ngwira applied for the application to be dismissed.
“We pray that this court should dismiss the application and invoke rule 3 sub rule 2 of the EFC rules as read together with section 37 of CAP 2. We are asking you to invoke the said provisions because the law empowers this court to move on its own motion and extend time,” said Ngwira.
In this matter, Dr Malama is charged with former MoH directors Dr Francis Bwalya, Dr Muzak’s Nthele, Dr Maximilian Bweupe, Dr Jabbin Mulwanda, Dr Gardener Syakantu, former MoH permanent administration Caroline Mulalelo Kakulibelwa, former chief of procurement Wilson Lungu and an accountant Rebecca Ndhlovu for willful failure to follow procedure involving the procurement of 50 basic support life ambulances.
When the matter came up for a ruling, magistrate Chibwili ruled that the matter continues with an extension of 45 days.
“I order that trial will continue and period in this matter has been extended by 45 days. The 45 days starts running today because this is when I have made the ruling. Because of what has transpired today, I’m to allow full … and no unnecessary adjustments,” ruled the court.
