Court sets November 28 for Ex ZRA boss bail ruling
The Lusaka Magistrates Court has set November 28 for the ruling on bail application filed by former Zambia Revenue Authority (ZRA) Commissioner General Kingsley Chanda.
Chanda is seeking bail pending appeal against his conviction and the subsequent six-year sentence with hard labour.
He was convicted for failure to follow proper procedures in the disposal of 22 government vehicles, some of which were reported to have been donated to the Patriotic Front (PF) for election campaigns.
Chanda is appealing a six-year sentence with hard labour.
He was not present in court, but their relatives attended and were kept informed of the lengthy wait for the ruling.
Through his lawyer, James Mataliro, he argued that under Section 332(1) of the Criminal Procedure Code (Cap 88), the court has the power to grant bail pending appeal or suspend the execution of a sentence.
Chanda argued that the law that the law imposes no specific qualifications and cited subsection (2), which provides that any period on bail pending appeal does not count toward the sentence if the appeal fails.
Mataliro stated that prolonged detention pending appeal prejudices convicts more than the state, as there is no compensation for time lost if the appeal succeeds.
He further argued that national values under Articles 8(d) and 9(1)(b) of the Constitution, including dignity, social justice, and non-discrimination, should guide the court’s decision.
The lawyer also cited Chanda’s poor health and the substandard conditions in prison as compelling reasons for bail, urging the court not to discriminate against the convicts due to their incarcerated status.
In contrast, Principal State Advocate Angelica Kennedy-Mwanza argued that bail pending appeal is a discretionary right, not a constitutional entitlement, and must be exercised judiciously.
She noted that the EFCC is a fast-track court, the sentences were significant, and prisons are equipped to handle various medical conditions.
She submitted that the convicts had failed to establish exceptional circumstances warranting bail.-Kalemba