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The Economic and Financial Crimes Division of the High Court has declined to grant bail to former Defence Minister, Geoffrey Bwalya Mwamba, who sought release pending appeal on medical grounds.
Mwamba, sentenced to five years with hard labour for conflict of interest, had requested bail to seek specialized medical treatment in South Africa.
However, a panel of judges—Ann Malata-Ononuju, Ian Mabbolobbolo, and Vincent Malambo—ruled that his health condition did not warrant bail, adding that his appeal lacked prospects of success.
The court emphasized that granting bail on medical grounds could set a precedent, allowing individuals with health issues to evade custodial sentences.
Mwamba, currently incarcerated at Mwembeshi Correctional Facility, was recently transferred to Maina Soko Military Hospital after his health deteriorated.
An affidavit filed by his legal team cited inadequate medical resources at Mwembeshi, which is only staffed by a clinical officer.
Mwamba reportedly suffered from swelling in his lower body, a condition linked to failed medication that required specialist care unavailable locally.
Mwamba’s defense team argued that his appeal raised unresolved legal questions and that no direct evidence linked him to the alleged crimes.
They pointed out that no records, such as bid bonds or meeting minutes, were presented to prove that contracts were improperly awarded to Curzon Global.
The defense also argued that Mwamba’s five-year sentence was excessive for a first-time offender, and that delays in the High Court’s appeal process might result in him serving a significant portion of his sentence before the appeal is heard.
Additionally, they maintained that Mwamba posed no flight risk and that releasing him on bail would not prejudice the State.
Mwamba’s appeal, based on eight grounds, claimed that the trial court ignored evidence showing he had declared his interest in the case.
It also contended that the magistrate misinterpreted Section 28(2) of the Anti-Corruption Act in dismissing his declaration of interest.
Mwamba was convicted on October 10 by Magistrate Standford Ngobola on charges of conflict of interest and possession of property suspected to be proceeds of crime.
His initial bail application was also denied by the magistrate, citing insufficient grounds.
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