THE State yesterday failed to produce the Anti-Corruption Commission (ACC) docket in the ongoing bribery case against Livingstone Mayor Constance Muleabai, with the prosecutor telling the court that the document was not part of the bundle of evidence filed before court.
During proceedings before senior resident magistrate Trevor Kasanda, ACC senior investigations officer Mweemba Shadunka was on the stand when the defense requested to see the docket underlying the charges against the mayor.
However, the State prosecutor told the court that the docket was not included in their filed documents and was therefore unavailable.
This raised concerns from the defense team, who questioned how the prosecution could present a credible case without the investigative file.
Defense lawyer Chiwala Boniface argued that the docket is the foundation of any prosecution and without it, the credibility of the entire investigation is questionable.
The trial was adjourned to September 15, 2025, after the court was informed that Muleabai remained unwell and could not continue with the proceedings.
In earlier testimony, Shadunka sparked controversy by insisting that Monde Sumbwa, the woman who allegedly gave the K180,000 bribe to the mayor, committed no offense, a claim the defense called biasness,
The defense cited the Anti-Corruption Act No. 3 of 2012, which criminalises both the giving and receiving of bribes, and challenged the ACC’s failure to charge Sumbwa.
Muleabai faces two counts of corrupt practices with a private body, contrary to Section 20(1) as read with Section 41(a) of the Anti-Corruption Act No. 3 of 2012.
She is accused of soliciting K120,000 and receiving K180,000 from Mark Gabites to facilitate the waiver of property rate arrears owed by Zamnuka Farming Limited.
The matter will resume in court on September 15, 2025.
By George Musonda
Kalemba July 26, 2025
