TANTAMENI Kunda, the suspended Lusaka magistrate accused of stealing 34 kilogrammes of ephedrine worth K1.8 million, has been slapped with an extra charge of abuse of authority of office. She and three other court officials have been taken to court for allegedly stealing ephedrine.
The consignment of ephedrine, a crystalline drug which causes constriction of blood vessels, is believed to be an exhibit in a court case.
The alleged theft of the drug comes barely a month after seven court officials were arrested in connection with the disappearance of 24 kilogrammes of cocaine, which was an exhibit in an active court case.
The seven suspects, who were later charged with trafficking in 80.11 grammes of cocaine, include court marshals, clerks and interpreters.
In the latest case, Kunda, 39, and three others, are charged with two counts of removal of property under lawful seizure and theft by public servant.
The court officials jointly charged with the magistrate are Francis Mphanza, 37, a senior public prosecutor of Woodlands, Didie Kangwa, 39, a senior clerk of court of Kalingalinga and Felix Mkandawire, 35, a court interpreter of Kanyama. It is alleged that on November 8, last year, the three, knowingly and with intent to hinder or defeat the process, concealed 34 kilogrammes of ephedrine valued at K1,870,000.
The ephedrine was taken when it was under the custody of magistrate Tantameni’s court. In the second count, between November 8 and December 30 last year, the four allegedly stole 34 kilogrammes of ephedrine. The four appeared for plea before Chisamba-based resident magistrate Susan Mangalashi yesterday.
The prosecution team amended the indictment to include the abuse of authority of office charge against Kunda and Mphanza. On November 8 last year, Kunda and Mphanza allegedly used their offices to obtain property, profit and advantage or benefit for themselves. And in a consent to prosecute notice, Director of Public Prosecutions Lilian Siyunyi agreed to have the duo tried in the abuse of authority of office case.
But Kunda’s lawyer Prosper Muyatwa asked magistrate Mangalashi to refer his client’s case to the Constitutional Court to determine if she can be tried by her fellow magistrate. He said this after raising preliminary issues in the matter.
Mr Muyatwa wants the Constitutional Court to determine if principal resident magistrate Kenneth Mulife, who complained on behalf of the judiciary, had the right to allocate the matter. “This is a proper matter that should have been disposed of through purely disciplinary hearings,” he submitted.
Mr Muyatwa said before Kunda is tried, her immunity should be lifted.