Ex ZRA boss, Chanda granted bail

By GRACE CHAILE

FORMER Zambia Revenue Authority (ZRA) Commissioner General Kingsley Chanda was yesterday granted K50, 000 bail pending appeal following his conviction and six-year sentence with hard labour for abuse of authority of office.
Chanda was convicted with former ZRA Director of Administration, Callistius Kaoma, who received a nine-year sentence.
The two were found guilty of failing to follow procedure in the disposal of 22 government vehicles, which were allegedly donated to the Patriotic Front (PF) for campaign activities.
Delivering her ruling, Lusaka Chief Resident Magistrate Sylvia Munyinya-Okoh granted both men bail in the sum of K50, 000 each, to be executed in their own recognisance.
Each is required to provide two working sureties, also bound in the sum of K50, 000 and of fixed abode with verifiable employment.
In considering the application, Magistrate Munyinya-Okoh stated that she conducted a limited review of the grounds of appeal as required by law.
She noted that without determining the merits, an exercise reserved for the appellate court, she was satisfied that the appeal raised “questions of law and fact that are neither frivolous nor plainly unsustainable,” thereby presenting arguable issues.
On the issue of exceptional circumstances, the court observed that the trial record was extensive and that preparing the appeal could take longer than anticipated.
While the State argued that the Economic and Financial Crimes Court works within a five-month timeframe, the court held that delays were still possible.
Given the length of the record, the court found there was a “realistic possibility” that the appeal may not be heard before the applicants serve a substantial portion of their sentences.
Such prejudice, the magistrate said, would be irreparable if the appeal later succeeds, citing precedents such as Kayumba v The People.
Ms Munyinya-Okoh also noted that both convicts had complied with all bond conditions during trial, have fixed residences, and are not flight risks.
She said the State had not demonstrated any potential prejudice that would arise from their release, adding that Section 332(2) of the Criminal Procedure Code protects the State by ensuring that time spent on bail does not count toward the sentence should the appeal fail.
Having found that the appeal raised arguable issues and that exceptional circumstances exist, the court granted the application.