13 November 2009
A LUSAKA magistrate's court has sentenced a Lusaka businessperson, Anuj Kumar Rathi to four years imprisonment with hard labour after convicting him on one count of corruption.
Lusaka Chief Resident Magistrate Charles Kafunda also ordered that the 342,000 pounds which Rathi gained from the corruption act should be forfeited to the State.
This is in a case in which Rathi is facing one count of corrupting a public officer contrary to the laws of Zambia.
Particulars of the case are that Rathi, between December 3 and 5, 2001 corruptly gave £15,000 cash gratification to convicted former ZNS commandant, Wilford Funjika as a reward for awarding his company a contract to supply berets, raincoats and jerseys.
In passing judgment, Mr Kafunda said it was clear that Funjika manipulated the award of a tender to Seymons Holdings and his two children were given 7,500 pounds each which was also to his benefit.
He said the prosecution proved that Rathi gave the 15,000 pounds to Funjika who was a public officer so he could manipulate the Zambia Public Procurement Authority (ZPPA) which was a public institution.
"I therefore find the accused guilt and I convict him accordingly," he said.
Mr Kafunda said he had taken into account Rathi's mitigation and that he was a first offender but the offence which he was charged with required a sentence of up to 12 years.
He said the offence was considered serious and caused many problems in Zambia. He sentenced him to four years imprisonment with effect from the day of arrest.
After judgment, State prosecutor Mutembo Nchito applied that because of the pervasive nature of the offence, the court should also order that the proceeds from the offence should be forfeited to the State although defence lawyer Robert Simeza objected.
But Mr Kafunda said as it was found that the tender to supply military uniforms was fraudulently awarded and Rathi gained 342,000 pounds and whatever was gained in such a manner was subject to forfeiture.
He said the forfeiture should be executed within 45 days after the judgment.
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Good judgement! the courts should be consistent and treat everyone including foreigners the same. The laws of the land should be respected by everyone. It is the same foreigners that corrupt our manners with their lots of money and in the end we corrupt our own poor people.It will be disappointing to hear that this same convictee is released on bail and keep appealing until the courts get tired and acquit him.