Ex-Defense minister, Mwamba, to remain in prison as court rejects bail application

Former Defence Minister, Geoffrey Bwalya Mwamba, will remain at Mwembeshi Correctional Facility after the Lusaka Magistrates’ Court denied his application for bail pending the hearing of his appeal.

Mwamba had appealed his five-year sentence in the High Court following his conviction for conflict of interest and possession of property suspected to be proceeds of crime.

Magistrate Stanford Ngobola, who presided over the case, also imposed a K50,000 fine on Mwamba for money laundering, with a default sentence of nine months imprisonment if the fine was not paid.

Mwamba’s legal team presented eight grounds of appeal, arguing that the court erred in convicting him under the Anti-Corruption Act.

His counsel, State Counsel Bonaventure Mutale, argued that Mwamba posed no flight risk, highlighting that the court had previously allowed him to travel abroad for medical treatment, from which he had returned.

Mutale also cited Mwamba’s chronic heart condition, confirmed by two specialists at the National Heart Hospital, as an exceptional circumstance warranting bail.

He contended that the state had not demonstrated that correctional services could meet Mwamba’s medical needs and warned of potential delays in the appeal process, which could result in Mwamba serving a significant portion of his sentence before the appeal is heard.

However, Magistrate Ngobola rejected the application, stating that ill health alone was insufficient grounds for bail.

He emphasized that the key consideration was whether the appeal had a realistic chance of success.

After reviewing the appeal, Ngobola concluded that it did not raise substantial legal issues and was largely fact-based.

Citing a previous Court of Appeal ruling, he noted that even if the sentence were largely served by the time of the appeal, bail could not be granted if the appeal was unlikely to succeed.

He dismissed the application, affirming that Mwamba’s chances of success were slim.

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