THE Anti-Corruption Commission has appealed the acquittal of former Southern Province permanent secretary Gladys Kristafor and Livingstone Town Clerk Vivian Chikoti for abuse of authority of office. According to separate notices of appeal against judgments under section 321 A Cap 88 made by the Director of Public Prosecutions, the ACC was appealing the acquittal of Kristafor and Chikoti made by the Livingstone Subordinate Court of the First Class on March 7 and March 13 respectively.
Kristafor 56, of Plot number 4424/199 Highlands in Livingstone was charged with willfully failing to comply with procurement procedures involving K997,600. She was accused of wilfully failing to follow applicable procedures and guidelines contrary to section 33 (2) (b) of the Anti-Corruption Act No 38 of 2010 of the laws of Zambia, and one count of abuse of authority of office contrary to section 99 (1) of the Penal Code Cap 87 of the laws of Zambia.
“The Director of Public Prosecutions hereby gives notice that he desires to appeal to the High Court against the judgment of the court,” the notice read in part. Chikoti 50 of House No 2, Flamboyant Lane in Livingstone and four others were charged with one count of failing to follow applicable procedures and guidelines contrary to Section 34 (2) (b) of the Anti-Corruption Act No 3 of 2012 of the laws of Zambia and one count
of abuse of authority of office contrary to section 21 (1) (a) of the Anti-Corruption Act No 3 0f 2012 of the Laws of Zambia.
It is alleged that Chikoti, Jammie Mukwato, 47, then Livingstone council director of planning, Chabala Chanda, 41 who was Director of Public Health, former Director of Finance at Livingstone Council Kingsley Muchindu Siasinyanga, 49, and then Director of Administration Rosemary Kaoli Chona, 54, failed to follow laid down procedures in the manner they disbursed personal loans to procure personal vehicles.
Particulars of the offence indicate that the aforementioned being employed as public officers on dates unknown but between April 1, 2012 and April 30, 2014, jointly and whilst acting together, willfully failed to comply with Circular No MLGH/71/6/93 issued by Ministry of Local Government and Housing relating to the disbursement of loans when they paid out personal car loans to themselves totaling K 694,234.02.
The funds they used were held in the special Delivery Fund Account held at Zanaco meant for workers’ salaries while other funds were held at
Finance Bank account which were disbursed to the council by National Road Fund Agency and Ministry of Tourism meant for road drainage works, garbage collection and works towards the Livingstone Inter-City Bus Terminus and Livingstone Modern Market, in preparation for the hosting of the United Nations World Tourism General Assembly in 2013 by the Ministry of Tourism.