Ex-permanent secretary, Mushota, jailed four years over $5 million procurement scandal

Former Ministry of Housing and Urban Development Permanent Secretary, Charles Mushota, has been sentenced to four years in prison for violating procurement procedures in the controversial US$5 million purchase of Infrastructure House.

The Economic and Financial Crimes Court found Mushota guilty of bypassing mandatory approvals from the Government Valuation Department and failing to secure sufficient funds before proceeding with the transaction—clear breaches of the Public Procurement Act.

Instead of forming a legally required evaluation committee, Mushota assembled a negotiation team focused on contract discussions rather than proper bid assessment.

Magistrate Silvia Munyinya ruled that there was no solicitation document, no structured evaluation process, and no proper committee review—direct violations of procurement laws.

His defense argued that direct bidding did not require a solicitation document, but the court disagreed, stating that all procurement processes, even those involving a single supplier, must undergo formal evaluation to ensure compliance with legal and financial standards.

The court found that Mushota deliberately misrepresented facts in official documents, falsely claiming in letters to the Treasury and the Zambia Public Procurement Authority (ZPPA) that approvals had been granted when they had not.

Additionally, he made unauthorized amendments to key contract clauses without consulting the Ministerial Procurement Committee (MPC) or securing clearance from the Attorney General’s office.

Witnesses confirmed that an interest clause—potentially costing the government US$18 million—was added without approval.

The court ruled that these actions had significant financial implications and constituted a willful disregard for legal procedures.

Mushota was convicted under Section 34(2)(h) of the Anti-Corruption Act No. 3 of 2012 for failing to comply with procurement laws.

He was sentenced to four years in prison.

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