Uladi Mussa, ACB tussle over bail pending appeal
Supreme Court of Appeal Justice, Lovemore Chikopa, has reserved his ruling on former Home Affairs minister Uladi Mussa’s application to be released on bail pending appeal.
The hearing took place yesterday after the court earlier dismissed the Anti-Corruption Bureau’s application to summarily dismiss Mussa’s application.
Mussa’s lawyer Chancy Gondwe said his client had high chances of success on appeal but the appeal itself was taking long to be heard.
“What we are saying is that honourable Mussa was convicted in 2020 and, by the time the appeal will be heard and determined, he shall have finished serving his sentence.
“Besides, he has shown, throughout his trial, that he was willing to see his case concluded and there is no way he can jump bail,” he said.
But ACB Director of Legal and Prosecution Services Chrispin Khunga said Mussa must remain in custody until the appeal is determined.
“After his conviction, he is no longer innocent; so, there is no question of false imprisonment. We believe he does not have high chances of success on appeal as he is claiming and, besides, we agreed that the appeal will be heard any day we will convene,” he said.
Mussa, former Central Region immigration officer David Kwanjana and businessman Peter Katasya were convicted in October 2020 of fraudulently issuing citizenships and passports to foreign nationals.
Born in Uganda and later granted Malawian citizenship, Katasya had the citizenship status, together with those of his dependents, revoked after the conviction.
Mussa and Kwanjana were sentenced to five years imprisonment for abuse of public office and one year for negligence of official duties while Katasya was handed five years imprisonment for influencing a public officer and 40 months for uttering false documents, all of which are running concurrently.
Speaking while being whisked into a vehicle to prison, Mussa said at the time that he was not satisfied with the decision of the court.
“I am not satisfied with this sentence and the judgement because in any corruption case there is money involved. In this case, there is no single tambala (I benefitted) from 2017 up to now. So, go and ask them for me: ‘Katangale amangidwira a Uladi-yu, ngwa utaka kapena wa usipa [the corruption case I have been convicted for; is it involving utaka or usipa [fish]?’” he said.
