By Agness Changala
The State has discontinued a case in which dismissed High Court judge Joshua Banda was charged with two counts of corruption he has been facing before the Lusaka Magistrate’s Court.
When the case came up before magistrate Idah Phiri, the state indicated that it had an application to make.
“The State has an application to make based on section 88(a) of the Criminal Procedure Code (CPC) to discharge the accused,” said State prosecutor Virginia Tembo.
The defence team which included James Mataliro and Norman Siwila did not object to the State’s application.
Making a ruling on the application by the state, magistrate Phiri discharged Judge Banda.
“The accused is discharged accordingly,” magistrate Phiri ruled.
A discharge is a situation where the State decided not to prosecute the case.
The case has been discontinued but not by way of nolle prosequi.
In this case, Banda was charged with two counts of corrupt transactions.
In count one, it is alleged that Banda between July, 1 2020 and July, 31 2020, in Lusaka, had corruptly solicited for K130, 000 gratification from David Mwanza the Under-Sheriff in the Judiciary as an inducement in order to assist him to have a favorable decision in a tribunal relating to the collection of K8,000,000 from Mopani Copper Mines (MCM) , a private body.
In the second count, it is alleged that Banda between July 01, 2020 and July 31, 2020, in Lusaka received K63,000.00 gratification from Mwanza the Under-Sheriff as an inducement in order to assist him have a favorable decision in a tribunal relating to the collection of K8,000,000. 00 from Mopani Copper Mines.
Banda was appearing before magistrate Phiri where he had pleaded not guilty to the charges, but his case adjourned on several occasions without trial commencing.
On May 6, 2022, President Hakainde Hichilema acting on the recommendations in the report presented to him by JCC, removed Judge Banda as High Court Judge.
Immediately he was fired, Anti-Corruption Commission (ACC) arrested and charged Judge Banda for corrupt practices involving over K1 million.
It was alleged that Judge Band attempted to obstruct the due course of justice by offering K1 Million to Mwanza, to dissuade him from giving evidence as a witness before JCC.
