Mpinganjira bail appeal reserved at SCA


Justice Frank Kapanda on Thursday reserved his ruling in businessman Thom Mpinganjira's bail application appeal in the Supreme Court of Appeal.

Mpinganjira is serving a nine-year jail bid at Chichiri prison after being found guilty and sentenced for attempting and offering bribes to Constitutional Court judges in the historical presidential election challenge.

Lawyer for Mpinganjira, Alexious Nampota asked the justice of appeal to look at circumstances to grant bail pending appeal.

In court, Nampota argued there is a likelihood that Mpinganjira's appeal will succeed.
He also argued there is proof none of the judges including the chairperson of the Concourt chair, Justice Healey Potani was offered money.

Nampota also argued there is a likelihood the appeal process will delay citing the SCA only has four justices out of the seven required to hear an appeal. 

But ACB's Victor Chiwala asked the court to dismiss the application saying it lacks merit.

Chiwala told the court the application was supposed to come after the hearing of the appeal.

On the issue of health, Chiwala said they have not had any request of medical need since Mpinganjira was sentenced.

Arguing on the justices quorum, Chiwala said the Chief Justice can always vary a practice procedure that requires more than seven judges to hear an appeal and that the law also allows three justices to hear an appeal.