ABOUT five years later, the famous Honey Bee drug case is back in court.

Director of Public Prosecutions(DPP) Gilbert Phiri has filed court documents seeking to appeal against the acquittal of eight people, among them former Minister of Health Chitalu Chilufya, linked to the case.

In 2021, a magistrate acquitted Dr Chilufya and seven others who were facing six allegations linked to the drug scandal.

Among those acquitted include ex-
Ministry of Health Permanent Secretary Kakulubelwa Mulalelo, Honey Bee Pharmacy Limited, Wilson Lungu, a Ministry of Health former procurement officer and ex-Zambia Medicines Regulatory Authority director procurement Bonaventure Chilinde;

The rest are Zakir Hussain-Motala, Chomba Kaoma,Imran Lunat and Abdurrahim Motala.

Allegations were that Mr Chilufya, Ms Mulalelo and Mr Lungu allegedly wilfully failed to comply with the law and applicable procedures or guidelines.

It was also alleged that the trio unlawfully omitted acts which caused harm to numerous persons.

Further accusations in count three were that Mr Chilinde, Mr Hussein-Motala, Mr Kaoma, Mr Lunat and Mr Motala fraudulently obtained a pharmaceutical licence without complying with lawful requirements.

In count four, allegations are that the eight, imported, stored, sold, distributed and dealt with substandard, adulterated and misbranded medicines contrary to the law.

It is alleged in count five that Mr Chilinde, Mr Hussain-Motala, Mr Kaoma, Mr Lunat, Mr Motala and Honey Bee Pharmacy Limited forged some documents.

In the last count, the six allegedly uttered some false documents to authorities.

However, on January 26, 2021, a magistrate in Lusaka acquitted all the eight.

But the DPP has wants to challenge this acquittal in the Economic and Financial Crimes Court.

“I desire to appeal to the High Court against the acquittal on the grounds set over leaf,” Mr Phiri says in the documents.

His grounds of appeal are that the magistrate erred in law when it acquitted the eight before taking plea in all the six counts, notwithstanding that the charge was not signed by the complainant, public prosecutor or legal practitioner.

Mr Phiri also contends that the court also erred in law when it acquitted them in the absence of sufficient grounds permitting the complainant in that matter to withdraw the complaint.

He adds that the acquittal was also an err because it was done in the absence of the DPP’s consent to prosecute it.

Since he has taken long to appeal against the case, Mr Phiri has filed an application to appeal out of time.

He has explained why he has filed the notice of appeal outside the legally stipulated timeframe.

“The delay to file the notice of appeal by the DPP was not deliberate but was occasioned by Wilson Lungu and Zakir Hussain Motala,Imran Lunat,and Abdurrahim Motala’s filing of multiple actions in the High court and the Court of Appeal which took long to be heard”.

(Mwebantu, Friday, 16th May, 2025)