DISMISSED High Court judge Joshua Banda has denied asking for and receiving a bribe from a litigant in order to render judgement in their favour.
This is in a matter where he is facing two counts of corrupt transactions before the Lusaka Magistrate’s Court
Banda is alleged to have asked for K130,00 from David Mwanza a former Sheriff as an inducement for a favorable judgement in case where he was accused of defrauding Mopani Copper Mines K8 million.
The former adjudicator instead received K63, 000 from Mwanza who later reported him to the Judicial Complaints Commission (JCC) and the Anti- Corruption Commission for extortion.
Allegations in count one are that Banda between July 1, 2020 and July 31, 2020, corruptly solicited for K130, 000 as gratification from Mwanza a former sherriff officer in the Judiciary, as an inducement in order to assist him to have a favorable decision in a tribunal relating to the collection of K8, 000, 000 from Mopani Copper Mines, a private body.
In the second count it is alleged that Banda on the dates in question received a K63, 000 as gratification from Mwanza in order to assist him have a favorable decision in a tribunal relating to the collection of K8, 000, 000 from Mopani Copper Mines, a private body.
The accused pleaded not guilty to the charges before magistrate Idah Phiri.
Prior to taking plea magistrate Phiri dismissed an application by Banda to have the two counts consolidated, so that he should not be punished twice on the same offence, as the charges relate to the same facts.
She said acts of soliciting and receiving a bribe are different as they both require evidence to prove the facts.
Magistrate Phiri said the two counts do not allege the same offence and the charge sheet is not bad for duplicity.
She adjourned the matter to June 27 for commencement of trial.
By Mwaka Ndawa
Kalemba May 4, 2023.
