Zambia: Former ZAF Commander Sakala La Slapped With 5-Year Sentence

By Clement Malambo

Former Zambia Air Force (ZAF) Commander Lt. Gen. Andrew Sakala 64, has been sentenced to five years in prison with hard labour for theft by public servant involving K1.5m (K1.5b old currency). Gen. Sakala was found guilty of the offence and convicted on Monday October 6, 2014. But his co-accused, Lt. Gen. Wisdom Lopa former Zambia Army (ZA) Commander and Maj. Gen. Anthony Yeta former Zambia National Service (ZNS) Commandant were acquitted.
Director of Local Court sitting as magistrate, Wilfred Muma delivered judgement Friday October 10, 2014 after mitigation by defence lawyer Nganga Yalenga of Nganga Yalenga and Associates. "I shall take into account the fact that the convict is a first offender who deserves leniency. But the nature of the offence is serious and attracts a maximum sentence of 15 years", Magistrate Muma said as he read his judgement. He noted that the Government of the Republic of Zambia (GRZ) has lost a lot of public money through such schemes as
perpetrated by the convict. He added that there is need to punish the accused with a custodial sentence to deter other public officers with similar intentions.
Earlier, when the matter came up for mitigation, defence lawyer Yalenga pleaded with the court to exercise leniency on the convict as he was a first offender and a senior citizen who exhibited exemplary dedication to public service spanning more than 40 years in the ZAF. "He is a married man and has several dependants under his care and custody and currently these dependants may face loss of their sole bread winner", Yalenga said. The defence counsel asked the court to consider the character of the convict as well as the immense responsibility placed on his shoulders at the material time. "Considering the smooth transition of power from the MMD to the PF, the convict held the peace and tranquillity of the nation at heart and his activities as put before this court during trial contributed to this smooth transition", Yalenga continued.
The defence lawyer also referred the court to the case of Solomon Chilimba Vs The People 1971 Zambia Law Reports Page 36 which held that 'Unless there is an extra-ordinary feature which aggravates the seriousness of the offence, first offender ought to receive minimum sentence'. He further prayed to the court that the convict be granted a non-custodial sentence or be given a suspended sentence. "This court has power to suspend the whole or a portion of the sentence it may wish to impose on the convict. The circumstances surrounding this case are such that it would be just to suspend the whole or a portion of the sentence", submitted Yalenga. Gen. Sakala, a career military pilot looked composed all throughout this process as he sat in the dock.
The court has given Gen. Sakala leave to appeal to the High Court if he still feels injured by the five year sentence. Defence lawyer Yalenga later indicated that necessary papers have been put in place to commence the appeal process.
When pressed by some journalists to say something as he was being led to a police vehicle to be taken back to Lusaka Central Prison where he had already spent four nights he gave a "No comment" answer.