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High Court Judge Justice Frank Kapanda on Monday slapped a six-year jail sentence on former Petroleum Control Commission (PCC) general manager Dennis Kambalame who was convicted on corruption charges on Friday.
Kapanda said he was mindful that corruption has an effect on the economy and that is why he imposed a custodial sentence to send a message to other would-be perpetrators of corruption.
“I am sure a prison sentence of six years will be appropriate in this case,” said the judge.
The maximum sentence of the charges on which Kambalame was convicted is a prison term of 12 years but the judge said he was not going to impose such a sentence because it is reserved for worst cases and considering that Kambalame was a first offender.
After the sentence Kambalame was comforted by his wife and children one of whom cried loudly as he was hugging her.
He was later taken to prison to start serving his sentence.
His lawyer Tamando Chokotho said the defence has 30 days to appeal against the conviction and sentence.
Earlier, Chokotho asked the judge in mitigation to be lenient with his client considering that he was an old man (56 years) and that he suffers from hypertension and ulcers, and would therefore require frequent medical attention.
He also said Kambalame is a first offender and had no criminal record.
Chokotho also said his client lost his job and terminal benefits in 1998 and that some of his assets have been frozen.
He also said Kambalame has two children who are still in school and that he showed good conduct in that he did not attempt to jump bail or sneak out of the country during the two years of the trial.
Both prosecutions lawyers Samuel Tembenu and James Masumbu and Chokotho told the court that in view of the amendment of section 34 of the Corrupt Practices Act (CPA) in 2004, the judge should use the unamended Act which stipulates that the minimum sentence should be five years and the maximum 12 years.
The amended section removes the minimum sentence and only provides for a maximum of 12 years and the lawyers argued that the amended law cannot be applied retrospectively.
Tembenu said the sentence is a vindication of the law, adding that the prosecution is ready for any possible appeal.
Kapanda convicted Kambalame on the charge of receiving and accepting gratification for himself amounting to US$25,000 from Hamble Energy Limited of the United Kingdom.
He was, however, acquitted on two counts of corruption by a public officer and gratification.
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