LUSAKA Chief Resident Magistrate Lameck Mwale has postponed judgment until April 22 this year in a case where former Minister of Community Development and Social Services Emerine Kabanshi faces charges of non-compliance deliberation of the law, applicable procedure or directives. relating to purchases.
This is a procurement involving the social cash transfer program.
When the case went to trial on Monday morning, Magistrate Mwale said the judgment was not yet ready but would deliver it on Thursday.
In this case, it is alleged on the indictment that Kabanshi between August 21, 2017 and April 26, 2018 in Lusaka, as Minister responsible for administration and management at the Ministry of Community Development and Social Services, deliberately failed to comply with the law, applicable procedure and procurement guidelines by extending the scope of contract number MCDSS / SP / 10/2017 between ZAMPOST MCDSS to include three provinces and two districts in under the social cash transfer program.
In count two, it is alleged that Kabanshi, during the same period, did not voluntarily comply with the law, procedures and guidelines relating to procurement when he re-engaged ZAMPOST as a service provider. payment under contract number MCDSS / 10/2017 for the social cash transfer program following termination of said contract.
The state closed its case in December last year, after calling 11 witnesses to testify in the case.
In January of this year, Magistrate Mwale found Kabanshi with a case to answer and put it on his defense.
But in his defense, Kabanshi, who testified without an oath, told the court that it had nothing to do with extending the scope of a contract between ZAMPOST to include three provinces and two districts in the part of the Social Cash Transfer.x program
“What I have to say to this tribunal is that if I was the one in charge of the functions of implementing the extension of a contract, the attorney general would have addressed the letter to me and me. would have given advice on how to do this., “she said.
“I have nothing to do with these extensions. I was not one of them. What I mean by that is that the content on how to implement this contract is the preserve of the technocrats. And they are the ones who did it and they signed.
Regarding the second charge that between August 21, 2017 and April 26, 2018, Kabanshi did not voluntarily comply with procurement law, procedures and guidelines when ZAMPOST re-engaged as a service provider for payment for the social transfer program in cash following the termination of the contract, the accused stated that there was no re-engagement during this period.
She said to her knowledge, the re-engagement at the Ministry was on August 8, 2018.
Kabanshi said there was a letter the acting permanent secretary wrote to the postmaster general explaining how the re-engagement was going to go.