HoneyBee Case Appeal to Continue

HoneyBee Case Appeal to Continue The Economic and Financial Crimes Court has allowed the appeal by the Director of Public Prosecutions (DPP) against the acquittal of former Health Minister Chitalu Chilufya, HoneyBee Pharmacy and seven others to continue. The accused had asked the court to dismiss the appeal, saying the DPP had taken too long […]

HoneyBee Case Appeal to Continue

The Economic and Financial Crimes Court has allowed the appeal by the Director of Public Prosecutions (DPP) against the acquittal of former Health Minister Chitalu Chilufya, HoneyBee Pharmacy and seven others to continue.

The accused had asked the court to dismiss the appeal, saying the DPP had taken too long to submit the required documents.

The three judges rejected the application. They said the delay was not the DPP’s fault because another court matter had to be dealt with first.
The court also ruled that the DPP had correctly filed the Notice of Appeal at the Subordinate Court Registry.

The judges said it was the responsibility of the court registry to send the appeal documents to the High Court.

Justice Ian Mabbolobbolo said the application to stop the appeal had no merit and dismissed it.
The DPP is challenging the 2021 acquittal of Chilufya and the other accused in the HoneyBee medical procurement case.

The charges include allegations of breaking procurement rules, dealing in substandard medicines, forgery and using false documents.

DPP Gilbert Phiri says the trial court made legal errors when it acquitted the accused.

The respondents include HoneyBee Pharmacy Limited and its directors Zakir Hussain Motala, Imran Lunat and Abdurrahim Motala .

They had argued that the appeal should be thrown out because the DPP failed to file the Record of Appeal and heads of argument within the statutory periods prescribed by the EFCC Rules 2024.

Alongside HoneyBee and its directors, the respondents include former Ministry of Health Permanent Secretary Kakulubelwa Mulalelo, Wilson Lungu and Bonaventure Chilinde.

The underlying charges involve alleged wilful failure to comply with statutory procurement procedures, unlawful acts causing harm, obtaining a pharmaceutical licence without meeting legal requirements, dealing in substandard or misbranded medicines, forgery, and uttering false documents.

DPP Gilbert Phiri contends that the trial court committed a fundamental error by acquitting the respondents before formal pleas were taken on all six counts and without satisfying mandatory legal prerequisites, such as obtaining the direct consent of the DPP to prosecute.