CAROLINE KALOMBE, Lusaka
THE Lusaka High Court has set February 4, next year as the date for continued hearing of an appeal case in which businessmen Faustin Kabwe and Francis Kaunda are challenging the two-year jail sentences imposed on them by the magistrate’s Court for conspiring to defraud Zambia Consolidated Copper Mines (ZCCM) over the sale of Ndola Trust School.
When the matter came up for hearing, defence lawyers asked the court to adjourn the case because the State had not provided them with submissions that would enable them respond.
“We cannot proceed in the absence of submissions from the State as we have to reply to the submissions,” the defence lawyers said.
High Court judge Florence Lengalenga adjourned the case to February 4, next year.
Kabwe and Kaunda appealed against their conviction and two-year jail sentences on grounds that the trial magistrate misdirected himself when he determined that the duo conspired to defraud then ZCCM Limited in the sale and purchase of Ndola Trust School without considering the ingredients of the offence as provided by the law.
They also contended that the trial magistrate misdirected himself when he failed to resolve the conflicting evidence adduced by the prosecution witnesses in the sale of Ndola Trust School.
In the second count, Kaunda is charged with abuse of authority of office.
It is alleged that Kaunda in June 1998 in Lusaka, being a person employed in the public service as Chairperson of the ZCCM privatisation negotiation team abused his office by offering Ndola Trust School to Ndola Trust in disregard of set out privatisation procedures, an act which was prejudicial to the interest of the Zambian government.
In the second count, Kabwe and Kaunda are charged with conspiring to defraud.
It is alleged that the duo in March 1997 and February 1998 in Lusaka whilst acting together with intent to defraud ZCCM by arbitrarily offering Ndola Primary School to Ndola Trust, a body of the Zambian government.