Prosecutor Kamudoni Nyasulu has described the events leading to charges against former minister of Home Affairs and Internal Security Uladi Mussa as lack of leadership and incompetence.
Mussa is answering charges of aiding at least 55 foreigners to illegally obtain citizenship while he was a minister.
His co-accused are former senior assistant Immigration officer David Kwanjana, Hendrix Laheri and Pascal Lwasha and one other person.
In his opening statement before parading the first State witness, Nyasulu said evidence would show that staff at the Immigration Department and members of the public eclipsed senior public service management on the pretext of serving leadership at the Ministry of Home Affairs and Internal Security.
He said: “The evidence will show the first accused person as having demonstrated no core values and no core competences for which he was responsible as laid down in the Constitution, Immigration Act and Citizenship Act.”
The prosecutor said this incompetence created fertile ground in the ministry for fraud.
Said Nyasulu: “Evidence will show that the violations of the law being committed and all the fraud being perpetrated, the first accused approved results of these fraudulent activities which led to granting citizenship to 55 foreigners.”
He cited one case where an applicant for citizenship included his wife and son but the year of birth for the father was 1967, the mother 1972 but the son it was 1968.
However, on two occasions, the defence protested the nature of the opening statement arguing it was preempting what would come as evidence of the State.
Michael Goba Chipeta, lawyer for one of the accused persons, Pascal Lwasha said Section 311 of the Criminal Procedure and Evidence Code stated that the opening statement should be brief and state the nature of the offence.
Chipeta felt Nyasulu’s statement, titled ‘Chikomekome cha mkuyu, the allegro as the first movement’, was too long.
But Justice Chifundo Kachale came to the rescue of Nyasulu imploring him to maximise the use of time.
The first State witness, former Chief Immigration Officer Hudson Mankhwala, outlined processes for obtaining various permits such as student, visitors, citizenship, temporary residence and permanent residence.
He will continue giving evidence on Friday (today).n