Kambala, two others plead not guilty
Former Energy minister Newton Kambala, Alliance for Democracy president Enock Chihana and former presidential aide Chris Chaima Banda yesterday pleaded not guilty to amended charges in the National Oil Company of Malawi (Nocma) fuel supply contract case.
In the case, Kambala, Chihana and Chr i s Chaima Banda are accused of trying to influence a public officer to abuse office in the procurement of fuel contrary to the Corrupt Practices Act.
Earlier, there were three counts against Kambala as first accused, two against Chihana as second accused and two against Chaima Banda as the third accused before the Anti-Corruption Bureau (ACB) amended the charges.
The State yesterday paraded its first witness Charles Mzinga who is planning and research manager for Public Procurement and Disposal o f Assets Authority (PPDA), who explained to the court the public procurement process.
In cross-examination,Mzinga observed that the public procurement system is decentralised and that the framework provides for the establishment of institutional structures that are supposed to conduct the procurement processes.
Nocma deputy chief executive officer (CEO) Helen Buluma, who is second witness, narrated to the court how the s u spects allegedly wanted to use her office for some fuel companies to get the contracts.
She informed the court that on September 17 2020, Nocma advertised in the newspapers bids for 2020-2021 fuel supply, adding that all the necessary prequalifications were outlined in accordance with the PPDA Act of 2017.
She further added that a day after the bid was advertised, she received a call alerting her of the arrest of former Nocma CEO Gift Dulla.
According to her, being second in command following Dulla’s arrest, she informed the relevant individuals, including the minister of Energy, the Secretary to the the President and Cabinet and the Principal Secretary for the Ministry of Energy about the arrest.
Buluma said: “I had to inform them because the next day the CEO was supposed to meet with the Vice-President to make a presentation on the performance of Nocma. So, I had to tell them that he had been arrested and that we were still waiting to hear why he was arrested.
“The three in their capacity told me to take up the presentation role and meet the Vice-President which I did. Also, the arrest of the CEO did not affect the bidding process, it had to continue.”
She said due to the nature of the bids, the application process had to last for 45 days from the day it was published.
Chief resident magistrate Patrick Chirwa adjourned the case to today when Buluma is expected to continue being cross-examined
In an interview, ACB director general Martha Chizuma said the State is expected to parade not more than seven witnesses in the case.
She expressed satisfaction with the start of the case, citing the parading of the first two witnesses.
Chizuma said: “Finally, after so many adjournments, the court has started hearing the case and that gives us hope on the case. We believe Buluma’s evidence is very important to this case.”
In August last year, ACB arrested the trio for allegedly influencing the procurement of fuel through Nocma and were granted bail on August 11 2021.
Fol lowing their arrest, President Lazarus Chakwera dismissed both Kambala and Chaima from their positions