Lieutenant General Musengule will, however, serve a maximum of four years while Sibande will serve a maximum of three years because the sentences will run concurrently.
The two were jailed yesterday after a Lusaka magistrate's court convicted them on the charges of abuse of authority of office, corrupt practices as a public officer and corrupt practices with a public officer contrary to the Anti-Corruption Commission (ACC) Act number 42 of 1996.
Magistrate Liya Tembo sentenced Gen Musengule to three years imprisonment on the first count, four years on the second count, one year on the third count, another year each on the fifth and seventh counts while three years were slapped on the ninth and 11th counts.
Sibande was jailed to six months on count four and sixth, two years on the eighth count and another three years on the 10th count and one year on the 12th count.
Ms Tembo in handling down the sentences in a packed courtroom said the sentences would, however, run parallel to one another, meaning that Gen Musengule would serve only a maximum of four years while Sibande would serve for three years.
Gen Musengule was facing seven counts of abuse of authority of office and corrupt practices with a public officer contrary to the Anti-Corruption Commission (ACC) Act number 42 of 1996 while Sibande was facing five counts of corrupt practices with a public officer .
I have taken into consideration the circumstances that lead to Gen Musengule to offer fuel contracts to Sibande indicating that the country was in dire need of fuel but he should have been mindful that he was dealing with public funds and ensured that he conducted himself in an exemplary manner as Zambians sacrificed their tax monies meant for development, she said.
Ms Tembo said Sibande, being a distinguished businessman, should have conducted his businesses with the Government transparently.
So I will pass the right sentences considering both the written submissions by the defence and the prosecutions, I must here point out that the prosecutions team has proved the case beyond reasonable doubt, she said.
In mitigation, defence lawyer , Vincent Malambo told the court that Gen Musengule was a man with a distinguished character who worked for Zambia Army for 37 years and was asking for leniency.
He said it was not the length of the sentence that leads to the reformation but the conduct and remorsefulness.
And after judgment was passed, Gen Musengule's relatives started wailing uncontrollably inside the courtroom as the duo was being taken to the holding police cells within the court premises.
Meanwhile, the Lusaka magistrate's court has granted former Zambia Air Force (ZAF) commander, Christopher Singogo a K90 million bail with two working sureties pending trial in the High Court.
Lusaka resident magistrate Aridah Chulu yesterday granted Lieutenant-General Singogo a bail in which K30 million was in his cognisance and K30 million in cognisance of each of the sureties'.
Gen Singogo's lawyer, Ganje Mhango said the former ZAF commander had also been directed to surrender his passport.
Gen Singogo on Friday applied for bail pending trial in the High Court saying the subordinate court erred in its judgment and that the prosecution's evidence did not constitute the weight to convict and jail him.
Gen Singogo was sentenced to five years imprisonment with hard labour for abuse of authority of office concerning the awarding of a cleaning contract to Nassim Cleaning Services.
Ms Chulu sentenced Gen Singogo after she found him guilty on one count of abuse of authority of office for awarding a cleaning contract to a company in which he was a co-director.
Times of Zambia
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