By MakanDay
Three former Zambia Medicines and Medical Supplies Agency (ZAMMSA) officials and a former Ministry of Health official accused of irregularities in the medicines procurement have pleaded not guilty to seven corruption-related charges before the Lusaka Magistrates’ Court, where their lawyers immediately challenged the legality of the indictment.
The accused are former ZAMMSA Director General Victor Nyasulu, former Director of Supply Planning Nalishebo Siyandi, former Director of Procurement Habadu Nchimunya, and former Ministry of Health official Dr John Kachimba. They appeared before Magistrate Peter Mungala facing charges of abuse of authority of office and wilful failure to comply with the law and applicable procedure.
The charges arise from ZAMMSA’s 2023–2024 mop-up procurement of essential medicines, medical supplies, anti-cancer medicines, adjuvants and reproductive health commodities.
The prosecution alleges that the accused irregularly approved contracts under the procurement exercise, including awarding a contract to Lumumba Pharmaceuticals Limited despite the company allegedly submitting its bid after the invitation had closed. The indictment further alleges that contracts were awarded in a manner prejudicial to the Government, that some exceeded the prescribed price reasonableness threshold, and that medicines were received from Cube Pharmaceuticals without the required tender procedures.
Prosecutors alleges that contracts were awarded to Cube Pharmaceuticals, Yash Pharmaceuticals and VL Healthnet Limited without any evaluation being conducted, contrary to the Public Procurement Act.
The prosecution called Zambia Public Procurement Authority (ZPPA) Contracts and Procurement Audit Manager Gilbert Mbewe as its first witness.
Mbewe testified that his responsibilities include ensuring government procurement processes are conducted transparently, efficiently and in compliance with the Public Procurement Act No. 8 of 2020, as amended by Act No. 17 of 2023.
Before the trial could proceed further, defence lawyers Boniface Chiwala, representing Nyasulu, Brian Kabika, representing Siyandi, and Boniface Ngalasa of Boniface Ngalasa & Company Advocates, representing Habadu, raised a preliminary objection. They argued that several counts in the indictment were defective and did not meet the requirements of Section 134 of the Criminal Procedure Code.
The defence submitted that the charges failed to disclose the essential ingredients of the offence of abuse of authority of office under Section 21 of the Anti-Corruption Act. Counsel argued that the prosecution had not alleged that any of the accused, or their relatives or associates, obtained a direct or indirect benefit from the alleged conduct, which they contended was necessary for the offence to be sustained.
The defence argued that the indictment failed to provide sufficient particulars to reasonably inform the accused persons of the nature of the allegations, thereby prejudicing their ability to prepare an effective defence.
The defence further maintained that objections relating to defective indictments could be be raised at any stage of the proceedings because constitutional protections take precedence over procedural rules.
State prosecutor and Deputy Chief State Advocate in the Taxation and Financial Crimes Department, Gracilia Mulenga, opposed the application and urged the court to dismiss the objection.
The prosecution argued that any challenge to the indictment ought to have been raised during the pre-trial conference, where defence lawyers had indicated that they had no objections. It submitted that the subsequent amendment to the indictment merely corrected statutory references to the Anti-Corruption Act and did not alter the substance of the allegations.
The State further maintained that the indictment complies with Section 134 of the Criminal Procedure Code because each count clearly identifies the alleged offence and provides sufficient particulars to inform the accused persons of the case they are required to answer.
On the abuse of authority charges, the prosecution argued that the alleged arbitrary approval of contracts contrary to procurement procedures was sufficient to disclose an offence under the Anti-Corruption Act and that the statutory presumptions relied upon by the defence were matters for the court to consider during trial rather than essential elements that had to be pleaded in the indictment.
Magistrate Mungala adjourned the matter to 25 June 2026 for continuation of proceedings.
Photo Credit / The AI-generated image is an artistic symbol of political interference and institutional manipulation within Zambia’s medical supply system. At the centre, a man in a suit stands as a puppet figure, his movements controlled by large hands holding puppet strings descending from above. The hands symbolise powerful political forces exerting control over ZAMMSA, represented by the building in the foreground.
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