kA Lusaka-based court has acquitted Livingstone Mayor Constance Muleabai of two counts of corrupt practices involving K180,000, ruling that the prosecution failed to prove a key element of its case.
Senior Resident Magistrate Trevor Kasanda found that although the State established that Muleabai, 49, did receive the K180,000 in question, it did not prove beyond reasonable doubt that the money was received from Mark Gabites, as stated in the indictment. Instead, the court ruled that the funds were received from Peter Perry through Monde Sumbwa, a discrepancy that proved fatal to the prosecution’s case.
In delivering his judgment, Magistrate Kasanda held that this inconsistency meant the charges, as framed, could not stand, leading to Muleabai’s acquittal on both counts.
Muleabai, of house number 564 Nakatindi Extension in Livingstone, had been charged with two counts of corrupt practices involving a private body, contrary to Section 20(1) as read with Section 41(a) of the Anti-Corruption Act.
Meanwhile, Sesheke Member of Parliament Romeo Kang’ombe commented on the matter, saying it was not unusual for politicians to face accusations over actions they had not committed. He noted that public office often attracts allegations that are not always supported by evidence.
The court’s decision brings to an end a case that had attracted public attention due to Muleabai’s position as mayor and the nature of the allegations against her.
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Constance Muleabai
