Wednesday 9 December 2009

Levy Patrick Mwanawasa: An incentive for posterity by Amos Malupenga

A couple of months ago I was sent Amos Malupenga’s book on the late Levy Mwanawasa. Apparently it has become one of the best selling books in Zambia. I knew about the publication of the book after its author appeared on one of the Blog Talk Radio stations and gave what I judged to be a rather lacklustre performance when faced with questions from listeners. I finally got round to reading the book last week and thought of sharing my views.

What is surprising is that the Managing Editor of the Post, a fierce opponent of the late President, was actually commissioned to write the book. That said, Amos is very kind to Levy. The book is full of glowing comments from colleagues of Levy and the only hint of criticism seems to come from Akashambatwa Lewanika. AKA also provides a good account on how the MMD came to be. I would have bought the book just to read AKA’s contribution. It is interesting to note that a number of contributors wanted to change their commentaries after Levy’s death but the author declined to do so. It is always going to be a difficult task to write a balanced book on a sitting African President. People are naturally going to offer glowing praises and limit their criticisms due to the power that the office of Republican President carries (politics of the stomach). I think we would have a totally different book (and more interesting) if the contributors had been interviewed after the death of Levy.

The book is well written and easy to read. It is very informative on Levy’s background. I used to think the scars on his face were as a result of the Road Traffic Accident that almost killed him when he was VP but was surprised to learn that he suffered terrible burns as a child and spent considerable time in a hospital in the then Zaire. Another interesting piece of information was on how Levy met Maureen Mwanawasa. I had heard rumours in the past that she had been a Secretary in his Law firm but this is not true. One of Levy’s cousins introduced him to Maureen after his divorce from his first wife.

Where the book fails is in addressing the perceived wrongs that Levy committed while in Office. For instance the much talked about preferential treatment accorded to Levy’s tribesmen in GRZ appointments is casually treated. I would have loved Levy to offer a more detailed defence. For instance how did he justify appointing the widow of the late Lackson Mapushi (Levy's relative) to the diplomatic service when there were career diplomats waiting for postings? The appointment of opposition MPs to government positions is also recorded as a progressive step taken by Levy. However, we all remember that at the time the MMD had a small majority in Parliament and appointing opposition MPs and then engineering bye-elections was a ploy adopted to improve the MMD’s numbers in the chamber.

I could be wrong but one of the topics most Zambians reading any book on Levy would want cleared up is the famous phone call Levy received from one FTJ at midnight inviting him to become the MMD’s presidential candidate. The account given in the book is brief and does not really fill in the gaps. E.g. did FTJ ask for any guarantees from Levy? Did FTJ provide Levy with campaign funds (people testified in the Election petition case that brown envelopes where given to Levy). And finally, who funded Levy’s election campaign.

The book tries to provide a good account of Levy’s childhood, family life, career as a lawyer and finally his tenure as Republican president. It is worth reading.

Monday 14 September 2009

Being more British than the Brits

Just to illustrate that we just do not feature stories about politicians below is an interesting story by Austin Kaluba some Zambians in the UK who are "more British than the brits" . I have met this class of Zambians and sometimes it is every embarrassing how they conduct themselves. Nothing wrong with integration but equally important to remember your roots.
The PANEL.
BY AUSTIN KALUBA (Times of Zambia)
SOMETIME last month, I visited a friend in Manchester. He had left Zambia 10 years ago and has settled down in England where he works as a banker. His wife who is a nurse joined him three years later.But When I visited the couple, I was struck by the contrast between them concerning their attachment to Zambia.While the wife spoke in a high-tonal nasal accent, the husband still speaks like any down-to-earth Zambian speaks back home.The woman went out of her way to show that England, and not Zambia is her home (despite being in the country for a shorter period).The man opened the door for me and greeted me in chi-Bemba hugging me cordially.Then I heard a female voice in the kitchen reprimanding someone. ‘Stop it! I said stop it! Stop being silly Lucy!”As we settled down in the lounge, I saw a pekinese dog trot in the room, its tail erect. The woman followed it and lifted it up. ‘I have got you, silly thing.’ I realised who Lucy was. It was a dog!
The woman nodded a greeting in my direction but her husband reprimanded her in chi-Bemba. “Efyo uposha abantu ifyo (Is that the way you greet people)?” The woman put the dog down and came over to shake my hands.After introductions, we sat down to chat.
“When did you leave ‘Zembia’?” she asked in a forced accent. I nearly answered rudely that I did not know any country by that name but I had to be polite “Five years ago,” I replied. ‘I am told they have a new president Rupiah …Rupiah Benda…he…” ‘mmh Bana mwana mulelanda kwati tamuli bena Zambia (my wife you are speaking as if you are not a Zambian)…who is they?” the husband cut in but she ignored him.“You worked as a journalist. Write something about me. I want to stand as Member of Parliament for Kafue. Zambians need help. They need food.”
When I left the home late that evening, I started thinking about the types of Zambians who have come over here. There is one group that is still loyal to the country and support most things, which are Zambian.This group usually attends the independence celebration day at the residence of the High Commissioner in London, might have a small Zambian flag in their homes or cars, and sometimes eat nshima and play Zambian music.This group is also abreast with events back home through the Internet.
Then there is the type that is striving to be more British than Zambian by accommodating everything British and rejecting anything that links it with Zambia.This group has people talking about the British Premier Gordon Brown like he is ‘our leader’.This group has people who never speak any vernacular language in their homes.
The last major group is in between encompassing both British and Zambian values.Surprisingly, the second group, which is de-Zambianised, comprises largely people who have lived here only for a few years.It is also surprising to hear the number of people who want to bring change when they go back home as Members of Parliament. These are the people who write in the tabloids as ‘worried Zambians’ or ‘concerned Zambians’.To them Zambia is some remote, backward society whose solutions are in the hands of people in the West.Like the Western journalist, these homegrown armchair critics feel they have solutions affecting ‘Zembia’ that President Rupiah ‘Benda’ cannot solve.

Thursday 27 August 2009

FTJ’s acquittal: State withdraws appeal

The DPP has withdrawn the appeal lodged by the Task Force against FTJ's acquittal.
PRESIDENT Rupiah Banda's government yesterday withdrew the state's appeal against former president Frederick Chiluba's acquittal. Director of Public Prosecutions (DPP) Chalwe Mchenga in a Notice of Withdrawal of Notice on Intention to Appeal stated "to the clerk of court whereas, Dr Frederick Jacob Titus Chiluba, Faustin Mwenya Kabwe and Aaron Chungu were on the 17th day of August 2009 acquitted by the Subordinate Court of the First Class of the following offences: 1. Dr Frederick Jacob Titus Chiluba, 6 counts on the offence of theft by public servant contrary to Sections 272 and 277 of the Penal Code Chapter 87 of the Laws of Zambia and 2. Faustin Mwenya Kabwe and Aaron Chungu, three counts of theft contrary to Section 272 of the Penal Code Chapter 87 of the Laws of Zambia. And whereas on the 24th day of August 2009 a Notice of Intention to Appeal against the said acquittals was purportedly lodged on my behalf by a public prosecutor: Now these presents I, Chalwe Farai Ralph Mchenga State Counsel DPP of the Republic of Zambia do hereby give notice of the withdrawal of the said Notice of Intention to Appeal".
This comes barely a day after President Banda fired Task Force on Corruption chairman Max Nkole following his appeal against Ndola High Court registrar Jones Chinyama's acquittal of Chiluba on all counts of embezzling public funds amounting to US $500,000.
No reasons have been advanced but we hope the action has been taken to allow the DPP to study the matter before deciding whether to lodge an appeal or not. One would think that the Task Force lawyers and not the DPP are in a better position to make that judgement. I smell a rat!
The PANEL

Wednesday 26 August 2009

FTJ’s acquittal: Task Force on Corruption Chairman fired

It seems like the government is keen to close the chapter on the corruption cases against FTJ. It is being reported that the government has decided not to renew Max Nkole’s contract as Chairman of the Task Force on Corruption.

Announcing the termination of Nkole's services in a short statement last evening, Secretary to the Cabinet Dr Joshua Kanganja stated that "following the expiration of the contract of employment of Mr Maxwell Nkole as executive chairman of the Task Force on Corruption, Mr Godfrey Kayukwa, director general of the Anti-Corruption Commission, will with immediate effect, serve as executive chairman of the Task Force for administrative convenience until further notice".

We shall comment on the actual acquittal at a later stage but govt seems to have suddenly realised that Max Nkole’s contract has expired after he instructed Task Force lawyers to file an appeal against the acquittal and provinding a lengthy TV interview on the operations of the Task Force. While many of us are dissapointed by the failure to secure a conviction against FTJ having spent a lot of resources on expensive lawyers ($20 000 per month per lawyer), government should not be seen to be interefering with the operations of the Task Force. Any decision to disband the organisation and transfer its operation to the Anti-Corruption Commission should be done in an orderly manner that ensures continiuity and offers the best chance of getting justice for the people of Zambia in these corruption cases.

The PANEL.

Monday 17 August 2009

Breaking News: FTJ acquitted of all charges

According to the POST FTJ has been acquitted!!


Former Republican president Federick Chiluba has been acquitted by the Lusaka magistrates’ court over corruption charges he was facing involving the theft of US $500,000.
The marathon judgment delivered by Ndola High Court Registrar Johns Chinyama, sitting as a magistrate that took about six hours to deliver however found his co-accused Access Financial Services Limited former directors Aaron Chungu and Faustin Kabwe guilty.
According to the judgment, the acquittal was based on the fact that the prosecution team failed to prove their case beyond reasonable doubt on all counts against the former president.
There was wild jubilation as sympathisers chanted pro-Chiluba songs as he left the court buildings. He immediately announced that he would be holding a press conference at his Kabulonga residence.
The PANEL

Tuesday 11 August 2009

Sale of ZAMTEL hits a legal obstacle: CAZ responds

The Communication Authority have responded to Mr. Kavindele’s statement over the issue of spectrum licensing. CAZ seems to think that the injunction applied only to issues pertaining to the fourth mobile phone license. However, reading the text published in the POST yesterday, the injuction was wider than most expected.

According to the ex parte order for interlocutory injunction granted to Vodacom Zambia by judge Musonda on October 3, 2008, CAZ had been restrained further publishing any invitation to tender or grant any mobile licence whatsoever kind to any national mobile cellular operator for Zambia or any related cellular technology whether it be via broadband, WiMAX, data, Spectrum allocation in any available frequency, 2G, 3G, 3.5G, 4G, GSM, CDMA, mobile data, Wi-Fi, Cable, DSL, Hotsport, Voice Over Internet Protocol and Internet Protocol Television (IPTV).

Either the lawyers at CAZ were having an off day when the legal arguments were being made or Mr. Kavindele has misinterpreted the injuction. On way or another, we need the CAZ legal department to come out with a clear statement of facts before the whole sector is disrupted. GRZ could have avoided this mess had they left the CAZ to award the license to Vodacom. The whole process was hijacked by politicians who saw an apportunity to mae a quick buck as usual.

Here is the CAZ’s response….

The Communications Authority of Zambia (CAZ) yesterday said former Republican vice-president Enoch Kavindele’s interpretation of the injunction granted to him over the registration of a fourth mobile phone company will affect national security.

On Sunday, Kavindele - who is Vodacom Zambia Limited chairman - said government’s intended sale of 75 per cent shares in Zamtel to an equity partner as announced by President Rupiah Banda will not take place as doing so would be illegal. Kavindele also threatened to commence contempt of court proceedings against Zain Zambia Plc over the third generation (3G) license awarded to the company as announced last week.

But CAZ public relations and consumer affairs acting director Ngabo Nankonde yesterday said they did not understand Kavindele’s intention because the matter at hand was the fourth mobile license which had nothing to do with other licenses and spectrum that were not fourth mobile related. “In view of the above, Mr. Kavindele’s interpretation would have adverse effect on not only the economy but also the social and security aspect of the nation,” Nankonde said.

“Mr. Kavindele seems to suggest that the injunction granted to him restrains the Authority from issuing or renewing any licenses [including radio spectrum licences] as well as those which are not fourth mobile related until discharge of the said injunction. The above interpretation would also among other things affect, telephone communication, internet banking via the mobile phone leading to stagnation of the national economy and retardation of national development.”

Nankonde said the authorisation for the Zain Zambia Limited trial tests was not in contravention of the injunction granted to Kavindele. She said that the authorisation given to Zain was issued long before the said injunction. Nankonde said that in line with the powers conferred on it in section 6(1) (4) of the Radiocommunications Act, it issued a test authorisation to Zain to conduct trials for 3G services in Zambia.

She explained that the authorisation issued was principally for the purposes of establishing among other things, the usability of the technology in Zambia, adding that the said trials would be conducted at no commercial value.
She also said the interpretation of the injunction on the licensing work of the Authority implied that in terms of broadcasting, the final migration of FM broadcasting band replanning would not take place.


The PANEL

Monday 10 August 2009

Sale of ZAMTEL hits a legal obstacle?

It seems like the proposed sale of ZAMTEL will be hit by a legal challenge by Vodacom Zambia led by Enoch Kavindele. This is according to a report in the POST on the press conference held by Mr. Kavindele over the weekend.

They seem to be relying on a very broad injunction obtained last year,

According to the ex parte order for interlocutory injunction granted to Vodacom Zambia by judge Musonda on October 3, 2008, CAZ had been restrained further publishing any invitation to tender or grant any mobile licence whatsoever kind to any national mobile cellular operator for Zambia or any related cellular technology whether it be via broadband, WiMAX, data, Spectrum allocation in any available frequency, 2G, 3G, 3.5G, 4G, GSM, CDMA, mobile data, Wi-Fi, Cable, DSL, Hotsport, Voice Over Internet Protocol and Internet Protocol Television (IPTV).

"And further, the defendant by itself, its chief executive/controller, directors/ regulators, servants or agent or howsoever or otherwise be and are hereby restrained by an order of injunction from attempting to introduce any other Cellular telecommunications operator(s) by way of merger/acquisition/investment/divesture and or buy-out of any existing mobile telecommunication providers until after the final determination of the defendants appeal in the Supreme Court or until further notice"

When this injuction was granted last year I am not sure most people realised that it prohibited CAZ issuing licenses for non 2G/ 2.5G mobile activities. The CAZ should clarify this as soon as possible.

The PANEL

Wednesday 5 August 2009

Ronnie Shikapwasha on Blog Talk Radio


The Brain Drain Blog Talk Radio team hosted Lt. General Ronnie Shipwasha for a 4 hour show on 18th July 2009. I encourage everyone to listen to this programme to get an insight on the workings of government and get to know the Hon. Minister.

I generally have no regard for MMD politicians as I think they are all out to make a quick dollar. However, Hon. Shikapwasha was very honest and open in his answers to some very difficult and at times hostile (but necessary) questions. What really moved me was the development he has brought to his constituency in Kembe (Central Province). He is using his network of friends locally and abroad to harness resources and skills to uplift the lives of the people of Kembe. I believe this is one of the few cases where a politician is actually committed to perform his role as a representative of the people while expecting nothing in return. The challenge that was put to him was why what was happening in Kembe is not being replicated in the other 149 constituencies.

One wonders how a government with seemly intelligent and honest members like Hon. Shikapwasha still manages to make some very daft decisions. I think this is because of politics of poverty (or of the stomach). For instance, Hon. Shikapwasha described how he left the Air Force with only ZMK40 Million and had to move into an incomplete house and had to sell a number of personal and household effects to fund his campaign in Kembe. He is now obviously enjoying the benefits of being in power and it is inconceivable that he would bite the hand that is feeding him. As a result he has had to follow the party line and support some unpopular decisions under the disguise of collective responsibility. We all know that the General has Presidential ambitions but he has not voiced his concerns over the MMD’s decision to adopt RB as its next Presidential candidate without going to the convention.

It seems to me that Edmund Burke (1729-1797) was correct when he said "The only thing necessary for the triumph of evil, is for good men to do nothing". We clearly have a few good men in government and positions of authority and we are relying on them to speak out for the people of Zambia. Leaders should be ready to make a stance even from within Cabinet. I always remember the day the Robin Cook decided to resign as Leader of the House of Commons in the government of Tony Blair over the Iraq war. Here was a good example of a politician giving up the trappings of power to make a point of principle.

The PANEL

Thursday 16 July 2009

Re-appointment of Dora Siliya and the Office of Attorney General

I have been waiting for the dust to settle before making a comment on the events surrounding the re-appointment of Ms. Dora Siliya as Minister in the Cabinet of President Rupiah Banda.

A recap is in order. Ms. Siliya had been accused of breaching the Ministerial code of practice in three cases: awarding a tender to RP Capital the Value the assets of Zamtel without following laid down procedures, irregularities in the award of the tender to supply a new radar system at the Lusaka International Airport and finally misuse of Constituency development funds. A tribunal consisting of eminent Supreme Court judges concluded that she did breach the code by not following the advice of the Attorney General in awarding the RP Capital Tender. Ms. Siliya subsequently resigned from her position (while the President was digesting the report) and appealed the tribunal’s decision via a judicial review in the High Court. It is worth noting that she was allowed to remain in her Ministerial House and maintain her official government vehicle even after resigning from her position.

A few weeks ago, Judge Philip Musonda ruled in Ms. Siliya’s favour by stating that the tribunal overstated its mandate by bring up the issue of ignoring the advice from the Attorney General. The President swiftly (no need to take time and study the report this time) re-appointed Dora to Cabinet as Minister of Education.

I would be the first one to admit that I lack the necessary legal background to comment on this case. However, I will try and approach the matter from a common sense and good governance angle.

This case has huge implications on the office of the Attorney General. The Constitution of the Republic of Zambia provided for this important office to offer advice to government officials (political and civil) on legal matters. Why? Because it was recognised that people discharging government functions may not have the necessary legal background to execute certain transactions. The Attorney General chambers therefore provide a legal advice service to all government departments. It therefore beggars belief that a politician would act on behalf of the government contrary to legal advice provided by both the Attorney General and Solicitor General. Dora admitted during the tribunal hearings that she did not understand the advice given by the Attorney General but instead of seeking clarification, she went ahead and signed the deal. How does the country protect itself against rogue politicians and civil servant signing agreements that disadvantage the country and then plead ignorance of the law?

There is an interesting example in the UK that demonstrates the importance of the office of the Attorney General. When the UK government was contemplating joining the US in the invasion of Iraq (2003), the then Prime Minister (Tony Blair) sought the advice of the Attorney General (Lord Goldsmith) on the legality of such action. It is alleged that his initial advice was that the legal basis was weak but this was firmed up following a trip to the US. Opponents of the Iraq war have fought hard to have access to the document detailing the initial advice as they believe it would prove that Tony Blair tried to act against the advice of the Attorney General. If this document had been made public at the time and had it proven that Tony Blair acted against the Attorney General’s advice (or even manipulated the Attorney General to provide favourable advice), I have no doubt in my mind that he would have had to resign.

Our politics have such low standards that the President saw nothing wrong in re-appointing Ms. Siliya. In doing so, he is sending a message to the rest of Government that the office of Attorney General is irrelevant. A more prudent approach would have been to allow Dora to spend sometime on the backbenches before being re-appointed if the President felt she was a very talented individual despite not knowing the meaning of the word nullity.

The PANEL.


Wednesday 1 July 2009

Hearses revisited


Sylvia Masebo yesterday presented her defence in the hearsegate scandal.

She presented a clear timeline of events leading to the purchase of the vehicles which clearly implied that the current Minister of Local Government, Benny Tetamashimba was aware of this purchase. Tetamashimba attended meetings between May 27 to May 30 last year at which a decision was made to buy the hearses among other things in his capacity as deputy Minister. The Hon. Minister is either incompetent or is not telling us the whole truth about his involvement in this issue. It also goes to show how inefficient our government (political) and civil service are if it requires a former Minister to clarify matters on such an issue. One would think the Permanent secretary or even the Minister would have tasked one of the civil servants to go through the records to find out the chain of events leading to the purchase of the infamous motors. We therefore can only conclude that Tetamashimba and the President are being vindictive and are merely trying to use this matter to ‘teach’ Masebo a lesson for supporting Magande in the race to become the MMD presidential candidate last year.

Hon. Masebo’s statement has provided us with the answer to HOW these hearses were purchased. We now require is a similar account to WHY the purchase was made and if there was any CORRUPTION in the transaction. Tetamashimba has reported Masebo to the Anti-Corruption Commission and we hope this would help answer the corruption question but most Zambia are still amazed that a committee of intelligent men and women thought spending scare resources on 100 hearse at a cost of $290000 was a good idea. Why not 100 ambulances or spend $290000 to improve 100 rural health centres. The same meeting decided to purchase 30 tractors to be used in garbage collection. Had they decided to purchase 130 tractors and no hearses, there would be no story because everybody can see the mountains of rubbish surrounding our towns.
The PANEL

Friday 5 June 2009

PF and UPND agree to work together

The POST is reporting this morning that the Patriotic Front (PF) and United Party for National Development (UPND) have signed a Memorandum of Understanding aimed at dislodging the Movement for Multiparty Democracy (MMD) from power. This is a very positive move from the two political parties and has a fair chance of succeeding because it is being made way ahead of the next elections. PF and UPND have a chance to know each other better and build trust in the relationship.

The two parties stated that they had therefore started a long and difficult march in the same direction, not as one organisation but as two giants in Zambian politics."We do hereby commit ourselves to the following: (1) our parties will work together at all levels on all matters of national importance; (2) our parties will jointly provide more effective checks and balances on Rupiah Banda's corrupt MMD administration with immediate effect; (3) we will provide an effective, formidable and unbeatable electoral challenge to the corrupt MMD in all elections and we demand early Presidential and Parliamentary elections," read the communiqué in part. "We will lay the groundwork for an effective, accountable, efficient and pro-poor government to replace this most notorious, scandalous and corrupt MMD regime."

The MoU highlights the focuses on the areas the parties agree on such as not criticising each other in public and presenting a united front when attacking the MMD. However, they have kicked the decision on whether they would field a single candidate in the next general election in the long grass.

The PANEL.

Tuesday 2 June 2009

Corruption? Whose corruption

The corruption which has been exposed at the Ministry of Health has shocked most Zambians. We are all wondering how the checks and balances failed so lamantably in this particular case.

This article presents a historical perspective on how it was possible to carryout the theft of public funds. The author points to the disbandment of the Central Board of Health as a key event that brought about this culture of abuse. Read on.
The PANEL

Wednesday 27 May 2009

Govt buys 100 hearses: “They are ready to bury us all”


Last week the POST, in their quest to dig deeper, unearthed a scandal in which the Government of the Republic of Zambia has purchased 100 hearses at a cost of over $29 000 each. Local government minister Benny Tetamashimba said the hearses were meant to help poor people in the country's rural districts who are always exploited when burying their dead. I think this is madness. Why is government worried about transporting the dead when there is no transport for the sick? One can say a better approach would be to first of all do everything possible to stop people getting sick by providing clean water, sanitation and nutrition. If this can not be achieved, the next step surely is to ensure that people have access to excellent and affordable health facilities when they fall sick. The last thing we should be thinking about is how we transport the dead. Following the strategy outlined here would result in hopefully these hearses being white elephants as fewer people would be dying from treatable diseases. This is so simple and I am wondering why GRZ decided to approach the problem from the wrong angle.

We the people of Zambia demand an explanation from the Minister of Health and the President why these manda mandas have been purchased. Is it too late to convert them to ambulances? This would be a better use….

From the POST
THE government has procured 100 hearses from China's Beijing Auto Works (BAW), operating as Top Motors Limited in Zambia, at a cost of over US$29,000 each. And some Chirundu residents last Saturday curiously mistook the hearses bought by the Ministry of Local Government and Housing for mobile hospitals when the trucks carrying them arrived in the border town.
Meanwhile, local government minister Benny Tetamashimba said the hearses were meant to help poor people in the country's rural districts who are always exploited when burying their dead.
A check by The Post established that the black vehicles were hearses and that of the 100, 68 were already in the country.
Well-placed sources in government said each of the hearses was sold to the government at a duty free cost of about US$29,400 and that they could carry a maximum of three caskets at once.
Sources said the hearses were arriving in Lusaka from the Port of Durban via Chirundu border in batches and were being off-loaded at a farm in Chamba Valley.
The sources said 12 vehicles had been off-loaded on Sunday while another 18 had been off-loaded as of yesterday.
And one of the drivers who delivered the hearses from South Africa confirmed that they were 100 in total.
And one of the residents, who preferred to remain anonymous, said most residents of Chirundu became suspicious when the trucks carrying the hearses arrived in the border town on Saturday afternoon.
The residents thought that the vehicles were mobile hospitals that the government intends to procure from China at a cost of US$53 million under intense opposition from some sectors.
“The vehicles look like Hummers and they also look like ambulances and we were asking why the Ministry of Local Government and Housing should buy Hummer-like ambulances,” the source said.
But Tetamashimba said although he was not aware of the procurement, the budget to buy the hearses was prepared before he became local government minister.
Tetamashimba said his director of local government informed him yesterday that the government had paid about K14 billion for the hearses last year and that it was true they were arriving in the country.
“For example, in the rural districts there has been a problem of burial where the poor are being exploited by people when they are burying their dead,” said Tetamashimba. “So we are going to give the vehicles to the councils.”
The PANEL

The Issue of Mobile Clinics

By Henry Kyambalesa (Agenda for Change Party)
The Issue of Mobile Clinics
President Rupiah Banda’s plan to buy mobile clinics is a very good example of misplaced priorities by the MMD government.
And Ronnie Shikapwasha’s disclosure that the government has engaged stakeholders to carry out a comprehensive assessment of the matter seems to be a mere transparent ruse since the decision to purchase the mobile clinics was apparently made at State House by President Banda, health Minister Kapembwa Simbao, health Permanent Secretary Velepi Mtonga, officials from the Chinese Embassy, and representatives from the China National Aero Technology Import and Export Corporation (CATIC).
Shikapwasha’s statement that the government will also wait for the report from the medical assessment team looking at how best the mobile clinics can assist people to access quality and improved health care delivery in the country insinuates that the decision to purchase the 9 mobile clinics has already been made.
There is, therefore, no need for the government to waste time and resources on carrying out a comprehensive assessment of the matter after the decision to buy the mobile clinics has already been made. The assessment is apparently designed to hoodwink the nation into believing that the decision to buy the mobile clinics is made upon the recommendations of stakeholders and technocrats in the Ministry of Health.
After all, President Banda indicated that the government would purchase mobile clinics during the official opening of the National Assembly. Moreover, he was quoted as having said that the concept of mobile clinics was a “damn good idea” upon his arrival from Zimbabwe recently.
It is, therefore, clear that the decision to procure the mobile clinics has already been made. What is needed now is for the President to rescind his decision to buy the mobile clinics and save the nation from lies about the assessment of the US$53 million deal and the eventual approval of the deal by the Cabinet.
If there is money for healthcare, it should be used on the following: (a) provision of free healthcare for all Zambians; (b) construction of more permanent healthcare facilities nationwide; (c) provision of adequate medicines and medical equipment; (d) research designed to find cures for HIV/AIDS, cancer, tuberculosis, and other deadly diseases; and (e) hiring, retention and training of health personnel..
Unfortunately, President Banda wants the government to acquire a US$53 million loan from EX-IM Bank of China to facilitate the acquisition of the mobile clinics from the China National Aero Technology Import and Export Corporation. He wants to continue to mortgage our country and the future of our children and grandchildren through such loans. And, meanwhile, there is no attempt whatsoever to trim the highly bloated government in order to make it live within its means! Another transparent ruse is President Banda’s assertion that the proposal on mobile clinics came from the Chinese. Does he mean the Chinese government, EX-IM Bank of China or the China National Aero Technology Import and Export Corporation? And does he mean that his administration is incapable of determining the healthcare needs of the country?
The US$53 million deal has all the characteristics of an attempt by President Banda to use the mobile clinics as a campaign tool for the 2011 general elections, designed to woo voters in rural areas.
This is partly explained by Shikapwasha’s insistence that the views of intended direct beneficiaries like traditional rulers should not be stifled in the debate concerning the mobile clinics. It also explains why an issue relating to healthcare facilities recently found itself on the agenda of the House of Chiefs – for the first time, apparently, in the history of Zambia!
And how does one explain the prominence of single-source procurement by the government during the short period President Banda has been in office, if it is not to reap personal or political benefits from the deals involved? What is the use of having a procurement authority and technocrats in government ministries whose function is merely the acquisition of machinery, equipment and services that are prescribed by ministers or State House?

Monday 18 May 2009

Blog dedicated to the Indaba

After our calls (here and here) for GRZ to set up a website dedicated to the Indaba, a private citizen has grabbed the initiative and set up a Blog called Indaba Watchdog.

"Transparent tracking and rating progress of the adoption and implementation of recommendations made to Zambian Governement at the National Indaba to deal with the impact of the global financial downturn on Zambia's economy."

It is still thin on detail but I am sure the pages will be populated once the report is made public.

The PANEL

Thursday 14 May 2009

Where are the voices? Part 2

I questioned why as Zambians we do express our outrage when our politicians and civil servants abuse our meagre resources to fulfil their selfish desires.

Compare this to the furore the MPs' expenses scandal has caused in the UK. The events surrounding this sad development have highlighted the power of the press and also the fact that at the end of the day politicians are accountable to the electorate. The UK taxpayer telethon account was empty when the story first broke last week as MPs continued holding the line "my claim was within the rules". However this changed when the politicians realised that people were really angry at the excesses of the claims. The taxpayer telethon account quickly started swelling as one MP after another started writing out cheques lead by the Honourable member for Salford brandishing a cheque for almost £14000.

Lusaka Times is currently running the following stories highlighting abuse of public resources…

ACC uncovers K10bn theft involving Ministry of Health Officials
The Anti-Corruption Commission (ACC) has unearthed a scam in which over K10 billion from the ministry of health has been misappropriated.

Eight accountants nabbed for theft of poverty alleviation money
The Drug Enforcement Commission (DEC) has arrested eight accountants at the Ndola cabinet office for theft of over two billion Kwacha meant for poverty reduction programnmes.

Health Human Resources Specialist arrested for theft
A Human Resources Specialist with the Ministry of Health has been arrested by the Anti Corruption Commission (ACC) for theft of public funds totalling over K30 million.

Poverty reduction funds diverted to repair the Provincial Minister’s house.
The parliamentary public accounts committee has heard how K108 million meant for poverty reduction in Northern Province were diverted to repair the Provincial Minister’s house.


Perhaps the only consolation in some of these cases is that the suspects has been arrested and charged. The law enforcement agencies should expedite the prosecution of these cases so that the culprits can be made to pay for their crimes against the people of Zambia.

The PANEL

Wednesday 13 May 2009

Negative but positive questions for govt

An interesting piece from Fr. Pete Henriot (Column in the POST 11/05/2009) on the operations of the RTSTA. The season for positive stories has been extended!
The PANEL

Written by Fr Pete Henriot
Why don’t you write something positive about the government?” That’s a question I sometime get from readers of this column. Whether or not it’s a fair question, I’ll let others judge.
But today I will readily be positive about one government agency that I recently dealt with. And then I’ll follow-up with some questions that are “negative but positive.” By that I mean that these are questions that many of us might ask not simply to criticise the government but to encourage a more constructive approach to development in Zambia.

Well, last week I discovered that it was time to renew my driver’s license. I almost forgot the date of its expiry - and we all know that would not have been a good thing to do! So early one morning, I went in search of the offices of the Road Traffic and Safety Agency (RSTA). As an aside, I find the media adverts of the RSTA really entertaining and educative. I hope that they have some effect in encouraging safer driving and hence saving lives. Driving along the very busy Lumumba Road in Lusaka, I had difficulty in finding the RSTA offices. Some pedestrians were helpful to me, pointing out the slip road along which the offices were located. But why, I thought, could not the Agency put up a big sign welcoming citizens to their offices? Particularly since it is such an important office. Or at least a little sign, pointing out the way for wandering searchers like me? (That’s one of the “negative but positive” questions I referred to above!)
When I finally found the offices and warily entered the premises, I was prepared for a tiring wait in long queues, facing some unfriendly and unhelpful people, and coming away not completely satisfied with my efforts to be a law-abiding person. To my surprise - and here is where I am getting positive! -I encountered very good service indeed. Clear directions from the start, lines not too long, satisfactory answers to my queries, equipment in good working order (no computer breakdowns), clean and neat desks, and even a large television monitor showing some of those entertaining RTSA safety adverts! I left the offices within 45 minutes with what I had come for - picture proof that I could still drive on Zambian roadways for another ten years! Civil servants civilly serving? Now I don’t want to exaggerate and give the impression that the RTSA is an ideal office, a bit of “heaven on earth.” Maybe some others have at other times had other experiences. Probably so. But it did impress me that the Zambian civil service bureaucracy at times can indeed work, civilly delivering civil service!
But why is my happy experience that morning with RTSA not always the case when a person seeks the forms necessary to do her or his business, or the answer to questions important for staying legal and happy? Why are there so many other stories - real “horror stories” - of hours of waiting in line only to be told “Come back tomorrow!” Or of repeated comments like “Your papers are not here - are you sure you really did file them with this office?” Or of subtle hints that some nchekeleko might speed things up, like “I’ve been working here all morning and am really hungry!” (Remember, “bribes” in Zambia are strictly forbidden, but “facilitation fees” are readily accepted!)

So is it fair to ask a “negative but positive” question like why don’t we have a better civil service? All too often, the civil service does seem to slow down the forward march to development in this country. Why aren’t all offices efficient and effective like RSTA - or at least the small and select sample of RSTA I experienced last week?

Summary of Indaba report

The government was quick to declare the indaba that was held at the beginning of April in Lusaka a success. We pointed out that the only way to judge the success of the indaba was to first of all have a record of the proceedings, recommendations and timelines. Armed with this information, Zambians and other interested parties can then make an informed judgement. The suggestion at the time was that a website could be set up where discussions on the issues raised at the Indaba could be discussed.

The ZANIS is reporting that a full report of the Indaba has now been presented to the President. They have been kind enough to provide a summary of the report.

The report has recommended that government should expedite the introduction of discount window to enhance liquidity in the market in order to ensure short-term liquidity is available to the banks and economy at large. The report further recommend that the ministry of finance, in close collaboration with the Bank of Zambia (BOZ), should facilitate provision of the necessary financial support to efforts aimed the development of the economy.It also urged government to enhance support to small and medium scale industries and women entrepreneurs through facilitation of access to finance, provision of tax incentives and removal of discriminatory legislation.The report further urges government to pay off arrears to suppliers of goods and services within three months.It said government should re-examine the corporate tax rates in order to level the playing field in the financial markets and enact appropriate legislation to provide for the functioning of the Credit Reference Bureau.On Agriculture, it has recommended for establishment of a Livestock Bank and re-opening of the co-operative bank, to streamline and enhance access top land and processing of title deeds.It further recommended that government should embark on livestock restocking, compulsory dipping and effect more investment in livestock vaccine research and the promotion of the Public Private Partnership (PPP) in farm block development.On Tourism, the report has recommended for the review of the Tourism and Hospitality Act and Zero rating Value Added Tax (VAT) on tour packages for domestic tourists.It also recommended for the implementation of the Open Sky Policy and the review of the landing and parking fees and the simplification of licensing procedures by introducing a one stop tourism licensing centre.On mining, the report said government should consider the restoration and review of the Mining Development Agreement .It said urged government to consider a power tariff freeze and a custom duty waiver on raw materials and formulation of policies that support local entrepreneur entry into the mining industry.‘Government should set up a task force to review the entire mining industry in the light of the global economic meltdown,’ it added.And the report has urged government to develop an Energy Strategic Master Plan (ESMP) for the electricity sector that allows for better linkages with other sectors.It said government should provide guarantees so as to facilitate access to finance thereby encouraging easier entry of the private sector and the introduction of cost reflective electricity tariff levels.Meanwhile, the report has recommended that the National Road Fund Agency (NRFA) and the Road Development Agency (RDA) be merged.It said government should establish a ministry that would coordinate all infrastructure development programmes to be named Ministry of Works and Infrastructure and establish an effective and comprehensive infrastructure performance monitoring and evaluation system.Other recommendations on infrastructure are that government should develop an integrated National Infrastructure Development Master Plan and set up infrastructure Development Fund.
ZANIS

If this is indeed an accurate summary of the report then the Indaba can not be judged to have been a success! However, I shall give the organizers the benefit of doubt and wait to read the full report.

The PANEL

Thursday 7 May 2009

The Zambian High Commission in London

I normally use this blog to comment about events in Zambia but it has become necessary to deviate from this philosophy to comment on the Zambian High Commission in London.

Most Zambians accepted the incompetence of the High Commission and found a way of leading their lives in the UK without any contact with the High Commission. However, this changed when GRZ decided to change passports. To my horror the people at the embassy have not changed. They still want to work like they are in Lusaka! The solution to this problem is simple. Instead of filling the High Commission with relatives of the President and MMD cadres, send us people who are dedicated to serving the Zambian community in the UK.

In the meantime, there are number of things that they could do to improve matters at minimal cost such as answering the telephone (the Commission has a receptionist but it seems on certain days it seems like there is nobody to answer the phone. This can be frustrating). Furthermore, the website (http://zhcl.org.uk/) is full of dead links and rarely updated. The contact email (immzhcl@btconect.com) address is wrong and no one has bothered to correct it. It is amazing that at a time when the greatest headache facing Zambians in the UK concerns change of passports, there is absolutely no mention this exercise on the website.

The situation is captured by this comment on the UKZAMBIANS website

BA ZAMBIAN EMBASSY Kwena, you are all incompetent. How do you expect people to know about these renewal exercises ngatababikile ba website yabo? Obviously there is a serious problem if a passport that takes a week to obtain back in zed is taking over 6 months. Its totally unacceptable especially in this country were we are used to fast and efficient services. I think the Zambian community in the UK should sign a petition which should be submitted to the foreign office ku Lusaka, they need to explain why this incompetence and serious last of a sense of urgency that the embassy staff display. If you call the embassy you will be lucky to speak to someone at the first attempt. Receptionist ngasuka fone she puts you thru to a full mailbox so you can’t even leave a message. Tukashibuka lisa kanshi?? Lets be serious these people are in the UK to serve the Zambians here not ukulachita behave kwati they are doing us a favour. I will try and get these comments published mu post so that their bosses ku lusaka can read.

The PANEL

Wednesday 29 April 2009

RB bans comments on court cases

A quick review of the postings of this blog reveals that most of them have been critical of the MMD government. I have therefore been on the look out for some positive stories to address the imbalance. The Daily Mail (29/04) has provided an opportunity....

PRESIDENT Banda has banned Government ministers, members of Parliament and MMD party officials from commenting on matters that are before the courts of law because this is prejudicial.
This is according to a statement issued in Lusaka yesterday by State House Special Assistant for Press and Public Relations, Dickson Jere.
Mr Banda said it is incorrect for Government officials and members of the ruling MMD to continue issuing statements which are prejudicial to the cases currently before the court of law.
The President said every citizen, including MMD national secretary Katele Kalumba, has the right to a free trial which should be respected by all.
“Let us allow the due process of the law to take its course. We should all refrain from making comments, which may be prejudicial to the ongoing criminal cases before the courts of law,” he said.

The President is correct to ask Beeny Tetamashimba to shut up and stop calling for Katele Kalumba to resign as MMD national secretary. Kalumba is entitled to his day in court to answer the allegations that have been levelled against him. Tetamashimba is displaying double standards by calling for Kalumba to resign while remaining quiet on Dora Siliya. We should also remember that the current MMD chairman Michael Mabenga was found guilty by the supreme court of having abused the Constituency Development Fund sometime back. But the MMD still welcome him into their ranks.
The PANEL

Wednesday 22 April 2009

On Fr. Frank Bwalya

I have been agonising for the past few weeks on how to fashion my comment on Fr. Bwalya and his battle with the MMD led government on one hand and the Catholic Church hierarchy on the other. There is little one can do but agree entirely with the views expressed by this noble priest. However, it is also proper to question his approach/tactics in trying to bring about change.

In my opinion Fr. Bwalya crossed the line when he formed his organisation (yet to be registered) called the ‘New Liberation Struggle Change or Die Zambia’ whose aim is stated as to ensure that a new leader who loves the Zambian people genuinely was put into power in 2011. This single move made him vulnerable to political attack and also brought the Church into disrepute. The Church can not be seen to be taking a partisan view in politics and I believe this is the reason the area Bishop decided it was time for Fr. Bwalya to step back and take some time to reflect on his actions and his calling as a priest.

Our political system is so messed up that it is entirely understandable why Fr. Bwalya decided to use his position at Radio Icengelo to inform people about the ills of the government. He is a voice for the voiceless.

"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmund Burke


The PANEL

Friday 17 April 2009

Dora Siliya tribunal: She is guilty

The tribunal set up to investigate the conduct of Dora Siliya submitted its findings to the President of the Republic of Zambia yesterday. Only a summary of the report has been made available to the public. I do not know who made this decision as the matter is of great public interest. I do not think there is anything confidential in the report as the evidence was presented in open court. Could it be a case of the tribunal fearing that their findings will not stand up to public scrutiny?

Given this unhelpful situation, we are left to read about the findings of the tribunal via the local news outlets. Below is a selection of reports from the local media..

The POST
Dora breached Constitution over RP Capital – tribunal

THE judge Dennis Chirwa chaired tribunal has found that communications and transport minister Dora Siliya breached Article 54 sub Article 3 of the Constitution when she selected RP Capital Partners Limited to valuate the assets of Zamtel without following legal advice from the Attorney-General.


Daily Mail
Tribunal clears Siliya
THE Tribunal probing Minister of Communications and Transport Dora Siliya’s alleged abuse of office and corruption has cleared her of two of the three allegations.

The tribunal has left the breaches she may have committed in the third allegation to President Banda to deal with.


Times of Zambia

Tribunal clears Siliya
By Times Reporter
COMMUNICATIONS and Transport Minister Dora Siliya did not breach the ministerial and parliamentary code of conduct, the tribunal set up to probe the minister’s conduct has concluded.
However, the tribunal has said Ms Siliya’s failure to comply with the Attorney General’s advice is a matter for the president to deal with.



Zambia Watchdog
Siliya found wanting in one, cleared of other charges



Despite the different spins the government controlled mouthpieces are trying to apply to the story, the truth of the matter is that the tribunal has found the Hon. Minister with a case to answer in the allegation relating to awarding the tender to RP Capital. Those who followed the tribunal would recall that a lot of evidence was also produced that questioned the Minister’s integrity and competence in the other two matters. However, for now we shall agree with the tribunal and conclude that only one of the three allegations has been proven.

People expected a swift response from the President and they got one
“Like you (Justice Chirwa) have said it has been a difficult task. You worked day and night to arrive at this report. I will go straight on to study the document and will issue my reaction to the nation,” Mr Banda said.

I do not know how long it will take the President to decide his next course of action but his hands are tied by the findings of the tribunal. Dora can not continue to be a cabinet Minister having breached the same constitution the President solemnly swore to defend. On the other hand, if the President decides to fire Dora, he would have to fire the Vice President as well. The VP had issued a statement supporting Dora based on blatant lies.

It is worth referencing the statement issued by Dora Siliya to Parliament on 13th February 2009.
I wish to inform this house that it was after the advice of the Solicitor General who dealt with issues pertaining to the MoU that we went ahead to sign the MoU on 22/12/08 taking into account ALL CONCERNS RAISED.

We now know that this was a lie. Issues raised by the Solicitor General and Attorney General were ignored.

Here we have a test for the kind of government RB wants to run. If it is a government that upholds the rule of law and respects the constitution, then the President should relieve Dora Siliya of her duties as Minister and commit her to stand trial for gross abuse of office. The case against her is simple. She committed this country in a deal that will cost $2Million without following the laid down procedure.

The PANEL



Tuesday 7 April 2009

Dora Siliya tribunal: Malila - I advised siliya to nullify MoU

As expected, the Attorney General has confirmed the Solicitor General's evidence in the ongoing tribunal.

Surely the Minister's position has now become untenable and should resign or be sacked by the appointing authority.

The PANEL

Attorney-general Mumba Malila has said he did not approve the Memorandum of understanding between the Ministry of communication and RP Capital.Mr. Mumba was testifying in the tribunal probing communications minister Dora Siliya of allegations of abuse of authority.Mr. Malila also told the tribunal that he is not aware that the RP capital has already started evaluating ZAMTEL.He said that he had written to the ministry advising them that the initial MoU should be treated as a nullity but that the advice was ignored.He said that he had also delegated Solicitor general Dominic Sichinga to deal with the ministry but that even the Solicitor General’s advice was ignored.He told the tribunal that if RP capital is undertaking the work and the MoU is nullified, the Zambian government will have to pay RP.He said advice from his office to government departments should be taken seriously in order to protect the integrity of the republic.Mr. Malila said that up to now he has not seen the full MoU which Ms Siliya signed.And the tribunal has closed oral hearings today. Tribunal chair, Justice Dennis Chirwa has told both parties to submit written submissions tomorrow at 14:00 hours.

Monday 6 April 2009

Indaba was a success

The Vice President has been quoted by several local media organisations declaring the just ended indaba a success. This is great news given that a number of us were sceptical on the merits of holding such a gathering. It is also worth noting that both opposition parties (PF and UPND) boycotted the two day event.

As a Zambia I welcome any effort that seeks to improve the lives of our people. As we learned from the G20 summit in London last week, a show of unity can inject a force of confidence in the economy and financial markets. However, there is need for government to publish the resolutions of the indaba. This will serve two purposes: inform the millions of Zambians that missed the event (only 500 were invited) and provide a record against which the success of the event could be measured. It could be a good idea to set up a website where the deliberations could be posted and allow Zambians to continue deliberating some of the issues.

The PANEL
From the ZNBC website
Mr. Kunda says government has taken note of various recommendations made during the Indaba and will ensure they are tabled before cabinet for action. The vice president says there is need for concerted efforts to overcome the current economic challenges the country is facing. Mr. Kunda was speaking in Lusaka on Sunday evening during the closure of the two-day Indaba.
He said the deliberations at the Indaba were a clear sign that Zambians want urgent solutions to the challenges the country is currently facing. The Indaba, which was called to find ways of addressing the effects of the global financial crisis, was well attended.

Tuesday 31 March 2009

Dora Siliya tribunal: Dora ignored Legal advice – Sichinga

More damaging revelations for the embattled Minister to answer….

From today’s POST Newspaper…

SOLICITOR General Dominic Sichinga yesterday told the Judge Dennis Chirwa Tribunal that his legal opinion on RP Capital Partners of Cayman Islands was disregarded. And Sichinga testified that he was not aware that a second Memorandum of Understanding (MoU) between the Zambian government and RP Capital Partners had been executed.

Sichinga, who was led in examination in chief by tribunal chairperson judge Chirwa, said the legal advice on the RP Capital MoU was not complied with. "So quite clearly your opinion was not complied with, it was disregarded, wouldn't you agree?" asked one of the petitioners' lawyers Bonaventure Mutale as Sichinga responded: "I am agreeing, yes." Mutale observed that Sichinga's legal opinion though quite detailed had been literally torn apart in the MoU executed by Siliya. He asked Sichinga if he realised that all his recommendations had not been considered in the MoU that was signed to which Sichinga responded in the affirmative. "Your letter of November 25, 2008 is four pages. Would you agree that all those points raised in your opinion have not been considered in P1 [MoU]?" Mutale asked. Sichinga agreed that the points he raised in his legal opinion of November 25, 2008 had not been considered. He told the tribunal that he saw several drafts of the same MoU but he had not seen the final draft of the signed document.

This is a significant development because both Dora and the Vice President stated in their statements to parliament that the Solicitor General and Attorney General had signed off the MoU.


In February this year, Siliya in a ministerial statement to Parliament revealed that the government signed the MoU with RP Capital Group after the advice of Sichinga.
"I wish to inform this House that it was after the advice of the Solicitor General who dealt with issues pertaining to the MoU that we went ahead to sign the MoU on 22nd December 2008, taking into account all concerns raised," Siliya said.
A few days later, Vice-President George Kunda told journalists at a press briefing that Sichinga rendered his final opinion clearing the RP Capital MoU for execution or signing.
"This MoU was dealt with by an Acting Principal Counsel and the Solicitor General before the Attorney General dealt with the matter. The Acting Principal Counsel on behalf of the Solicitor General on 21st November, 2008 rendered his [her] opinion on the MoU. This opinion was rendered in the name of the Solicitor General. The Solicitor General rendered a further opinion on 25th November, 2008 on the same Memorandum of Understanding. On 5th December, 2008, the Solicitor General rendered his final opinion clearing the MoU for execution or signing," Vice-President Kunda said. "It must also be emphasised that the Solicitor General held further consultations with the minister of communications on this MoU. The MoU was finally signed on 22nd December, 2008 by all the parties."


It turns out the Solicitor General did not even see the final draft of the said document. This is clearly no way to run government.


The PANEL

Monday 30 March 2009

Where are the voices?

I have just been listening to a teaching (Homily) by Fr. Michael Pfleger. He came to international prominence when he preached at Rev. Jeremiah Wright’s Church during the last US presidential election (Rev. Wright is the flamboyant evangelist whose firebrand sermons caused Obama significant embarrassment in the campaigns). Fr. Pfleger seems to have dedicated his life and ministry in the catholic church to help the poor (black people) of Chicago. I have never been to Chicago (unless you count the few times I have connected flights through O’Hare International Airport) and therefore do not have a firsthand account of the many problems facing the black folk. However in his sermon entitled “where are the voices” Fr. Pfleger lists some of the problems ….

There are only 11 000 black males in the 22 Colleges in the State of Illanois.

22 000 black males are currently incarcerated in the state’s 22 ‘correctional facilities’.

Black males have a pass rate of 34% in colleges.

More black males die of gunshot wounds in Chicago than US Soldiers in Iraq and Afghanistan.

In “where are the voices” Fr. Pfleger is questioning why there isn’t public outrage at these appalling statistics.

What is the relevance to Zambia you may ask?

Zambia has been ruled by the MMD since 1991. There have been a number of successes BUT on the whole lives of our people have not improved significantly. There is still a shortage of drugs in our hospitals, limited access to good schools, lack of sanitation etc. The excuse time and again is that GRZ lacks resources to provide these essential services! BUT this is the same government that is able to find funds to purchase expensive vehicles for Ministers and other political appointees, pay themselves huge salaries and benefits while they encourage civil servants to accept a pay freeze.

Everyday our papers (the independent ones) are full of one scandal after another. BUT Zambians remain ‘obedient’ and continue paying their taxes.

When the Local Authority does not provide running water and Sewerage services (even after paying for these services), we simply find money to sink boreholes.

When the Local Authority does not provide passable roads, we simply invest in 4X4 vehicles to navigate the potholes.

When ZESCO imposes a national wide load shading of electricity, we simply invest in backup generators.

When crime goes up, we hire private security firms.

BUT where are the voices for the people who can’t afford spend their way out of the mess caused by GRZ incompetence?

The PANEL

Wednesday 25 March 2009

Dora Siliya tribunal: Please stop the circus. She is guilty


Readers of today's POST were no doubt shocked to read that Dora Siliya not know what the Attorney General meant when he said
"For all the reasons I have given, I advise that the signed MoU be taken as a nullity...".
It seems like she could not understand this key sentence because of the word "nullity".
I do not expect the Hon. Minister to be a walking dictionary but she has at her disposal thousands of civil servants at the ministry and one of them should know the meaning of this word. If that was not possible, a trip to the nearest bookshop to purchase a dictionary would have saved us from the mess we find ourselves in. Alternatively the Hon. Minister should have just phoned the AG's chambers and asked for a clarification. She can't surely say she had no credit on her phone because we pay her bills.

BUT we are not about to let her off the hook just because the entire Ministry of Communication does not know the meaning of the word "nullity". This is because it is a well established fact in law that ignorance can not be offered as a basis for a defence.

The whole thing is mind boggling. Here we have a Minister about to sign a MoU worth millions of dollars and she does not bother to understand the opinion of the Chief legal advisor to GRZ?

On why the contract was awarded to RP Capital ...
Earlier, Siliya told the tribunal that the proposal by RP Capital to valuate Zamtel's assets was very impressive.
Siliya said she signed the MoU with RP Capital after she was satisfied that their proposal was in line with her ministry's agenda on the future of Zamtel.
Asked by Mutale to outline the credentials that RP Capital gave to merit the selection as the valuator of Zamtel's assets, Siliya said the company had done a lot of work within the region.
Siliya said several companies expressed interest to undertake the Zamtel valuation exercise but that RP Capital was the only company that talked about the valuation of Zamtel while others wanted an outright purchase of the company.
"What credentials did they produce as being capable or qualified to do that exercise?" Mutale asked Siliya and she responded: "They told us that they did a lot of work in the region...they referred to some work they were doing in South Africa and Congo DR."
When further asked to elaborate on the works, Siliya said the company was doing some business re-engineering.
But Mutale said that the job was not the same as valuation and he told Siliya that she had not been helpful to the tribunal in the aspect of fleshing out the credentials that prompted her ministry to settle for RP Capital to valuate Zamtel's assets.
This was an opportunity for the Minister to shut her doubters by providing concrete reasons why she felt RP Capital were best placed to undertake the valuation but all we got was hogwash.
The President should stop this tribunal at once because it is a waste of money and time. We are wasting the judges' time when they could be sorting out the huge backlog of cases at the High Court. Enough evidence has been produced to convict the Hon. Minister without doubt.

The PANEL


Wednesday 18 March 2009

The future of Nitrogen Chemicals of Zambia

It is easy to forget that Zambia actually has a fertiliser manufacturing plant in Kafue. However, this plant has been a drain on public resources for some time now because it simply can not produce fertiliser at an economic price. The situation has been made difficult by the fact that it is cheaper to import fertiliser than manufacture it locally. While I appreciate that NCZ is a significant employer in Kafue, the rest of the taxpayers can not continue subsidising jobs in Kafue. If the plant can not operate on a commercial basis, GRZ needs to either close it down immediately or find a private company to run it. I would rather the resources were spent improving schools and hospitals in Kafue than propping up a few hundred jobs which is not sustainable in the long run.

The latest edition of Executive Issues has a very good analysis of the situation.


Before the 2009 budget was unveiled Government had talked of an allocation to revamp operations at the stricken Nitrogen Chemicals of Zambia (NCZ) in Kafue, the country’s only fertilizer manufacturer. But in the event no such specific provision was made and perhaps rightly so as there are grounds for skepticism whether in fact by such means-periodic and normally insufficient allocations- the operation can be resuscitated and sustained. This approach appears designed to merely “keep the peace” for a while among the restive and increasingly assertive workers. But a more far-reaching decision on the fate of the plant is now required. Temporal political appeasement will no longer do. Up to this point, decisions on the plant have been mainly worker-driven. Workers there tend to take the view and probably rightly so that the authorities are somehow “negligent.” They have taken to the street in past to force action. They are a constituency and politicians are not in the happy position of being able to blissfully ignore them.

In the aftermath of the state opening of parliament on January 16, 2009 for instance, there was a demonstration outside the offices of the Kafue District Commissioner by NCZ employees. The source of their discomfiture was the fact that there had been no mention of recapitalization of the plant by Government in the President’s opening speech. This created and increased anxieties among workers about their future. It was not the first demonstration by NCZ workers over the future of the plant that has been shut quite a while now.

An earlier demo was staged in such a way that it blocked the main road from the south to Lusaka disrupting the normally heavy flow of traffic from the south and during the copper price boom traffic was very heavy since road transport was the main conduit for mining equipment, spares and for mineral exports in view of the buggered railway system! Following the last demo, Agriculture Minister Dr. Brian Chituwo counseled calm and disclosed that an inter-ministerial committee was still studying the matter and the workers would be informed of the outcome.

Further, when he accepted the credentials of Oh Jae-Hack as the ambassador of South Korea to Zambia, President Banda invited South Korea to invest in NCZ and help boost Zambia’s agriculture. He said South Korea had the appropriate technology for NCZ to produce cheaper fertilizer. No direct response from the envoy is on record.

Subsequently, Vice-President George Kunda speaking in the National Assembly said in answer to a question from Chikankata MP Munji Habeenzu that Government would allocate resources in the 2009 Budget to revamp operations at NCZ and that government was aware of the problems there. That is probably what the workers wanted to hear- news of a possible respite from the perennial tight rope they have found themselves walking. It is also the case that with the rising world price of fertilizer and the push to prioritize agriculture, government has an abiding interest in reviving NCZ and it does hold the key to the future of the plant.

Finance and National Planning Minister Dr. Situmbeko Musokotwane was more forthright and realistic when he spoke on the issue saying that Government was not in a position to run NCZ, would prefer the private sector to takeover and invited any interested parties to open up discussions with government on the matter. He also said something that is not often said but which appears to be the real issue at NCZ -that the installed technology at the plant may be outdated. That is the issue that the inter-ministerial committee must face head as it seems the key to the logjam.

In the short-term, there is probably no alternative to government remaining engaged but they need a strategic partner with whom to re-look the whole operation and finance a re-orientation of the whole plant in terms of technology and possibly the product range as well. NCZ in its heyday seemed to do a rolling business with the Democratic Republic of the Congo in by-products that go into the manufacture of explosives and it is a business that still exists and could grow. NCZ is well positioned to supplement earnings through it. In its present state however, there appears to be no takers for NCZ and certainly not on an “as is” basis. Sitting back to wait for expressions of interest will only ensure its permanent closure. Government needs to be pro-active and try for instance to pursue the South Koreans who have modern technology. The plant simply has to be upgraded and put on a new footing.

Periodic allocations merely to douse labour unrest will be inappropriate and there can be assurance that it will achieve the desired results. Time is for a long term plan to salvage the plant before it goes real rusty and is forgotten.

Already things are beginning to point in that direction.

The PANEL

Tuesday 17 March 2009

Dead Aid Discussion


The Dead Aid issue is being discussed at the Sunday Times Oxford Literalry festival on Saturday 4th April at 6pm.

The well-documented horrors of extreme poverty around the world have created a moral imperative that people have responded to in their millions - yet the poverty persists. Are we not being generous enough? Or is the problem somehow insoluble, an inevitable outcome of historical circumstance? Dr Dambisa Moyo, a former Global Economist at Goldman Sachs and the World Bank, has written Dead Aid, arguing that the most important challenge we face today is to destroy the myth that aid actually works and showing how aid crowds out financial and social capital and feeds corruption. Do we need alternative solutions, and if so what are they? Join the discussion with Dambisa Moyo and Phil Bloomer, Director of Campaigns and Policy, Oxfam, with journalist and broadcaster Jon Snow in the chair.

Further details and tickets from the festival website (item 754).

The PANEL

Thursday 5 March 2009

Corruption is now rife in Zambia - Nkole

I have previously noted that corruption has reached alarming levels in Zambia. It seems like it has become woven into the moral fabric of the country and has been accepted as normal practice. Max Nkole's statement has re-affirmed the governement commitment to fighting corruption. BUT words are not enough they should be followed by visible enforcement actions. The convictions secured this week against Mrs Chiluba et al have gone a long way demonstrating justice by done.
The PANEL


The executive Chairman of the Task Force on Corruption says corruption has became endemic in Zambia. Maxwell Nkole also notes that some people now feel corruption is a normal way of life. He has called on cooperating partners to continue supporting Government’s efforts in fighting graft by strengthening institutions such as the Anti-Corruption Commission. Mr. Nkole was speaking when US ambassador to Zambia, Donald Booth, called on him at his office. And Mr. Nkole said government is currently drafting the anti corruption policy in an effort to strengthen the fight against the scourge. He also said the policy will decide the future of the Task Force on Corruption
Source: Lusaka Times.

Zambian Airways saga: follow the loans paper trail

The government as expected has recruited the state owned papers in the fight against the POST (using the Zambian Airways situation). Story makes interesting read but surely the creditors of Zambian Airways should be left to fight their own battles. GRZ should only be concerned about the debts owed to public institutions such as National Airports, NAPSA and ZRA.
The PANEL.


By A Correspondent
THE gloves are off, the guns are out and blazing and the war is on. After enduring months of insults and bad reports, President Rupiah Banda responded with a rare but strong attack against his attackers.
President Banda’s attack was particularly targeted at Zambian Airways shareholders, who include Post editor, Fred M’membe, for their alleged part in the loss of US$30 million, some of which was taxpayers’ money. Mr Banda condemned the paper’s constant corruption allegations against his Government.
The Post is an institutional shareholder in Zambian Airways. Mmembe is one of the directors. Investigations have targeted the directors of the airline for causing the loss of $30 million.
The airline faces civil litigation aimed at recovering $30 million. Its chief executive officer, Mutembo Nchito, faces possible criminal charges ranging from fraud, theft, tax evasion, money laundering, and exerting undue influence on public officials to force them to authorise and release the loans.
The directors are facing charges under the law that are deemed ‘directors’ offences for false accounting to obtain the loans from the bank.
In an address to MMD cadres who marched to State House in support of his leadership, in the face of internal and external political attacks, President Banda stated that he would tolerate no nonsense from the party or cliques.
He charged that he is Republican President of Zambia and was now MMD acting president and would, therefore, not allow indiscipline in the party. To this effect, he fired two deputy ministers, whom he said, enjoyed wide coverage in The Post, for their purported good leadership. These were Lameck Chibombamilimo and Jonas Shakafuswa.
Mr Banda declared that he fought for national independence, and would not allow people’s freedom to be taken away by a clique. He demanded that the airline’s shareholders repay the $30 million they borrowed in questionable circumstances when they ruan Zambian Airways.
The president may be excused for sounding so strong against the shareholders in question because of the large sum of $30 million lent to Zambian Airways even when it showed signs of insolvency.
Mr Nchito as chief executive officer of Zambian Airways, with the help of Ministry of Finance and National Planning, appeared to have targeted public bodies such as Napsa, ZSIC, DBZ, and ZCCM-IH. He also ignored obligations due to ZRA, National Airports Corporation and Napsa.
The airline was bankrupt. Its books were bad. The books were so bad that an expert termed them ‘crimson red’.
The airline had no assets of worth, and it had been running consistently at a loss for many years and was insolvent. Despite its insolvency, the airline obtained loans and acquired debts totalling over $30 million.
Investigations are revealing that the obtaining of a string of loans was tied to the campaign quoting a ‘wide range’ of people demanding for the Government to turn Zambian Airways into a national carrier, and these people found ready media coverage.
The loans were allowed to pass because of its underlying status in the country as a ‘National Airline’ or one to be converted as such.
Creditors were duped that the ‘Government’ does not need to provide security for any loan. The assurances were given that once the airline was turned and taken over as a national carrier, the Government would assume the debts.
The directors ran a vigorous and parallel campaign demanding that the Government takes over the airline (with its debts) and make it a national airline. The take-over by the Government would have disguised this fact.
In all this, no explanation was given how the previous loans were utilised and investigators will be interested to establish that the loans went into the airline.
How did the airline’s chief executive officer Mr Nchito do all this? How did he obtain loans from banks and financial institutions in the face of stringent banking and financial regulations? The answers to this question will be very revealing.
Take for example the $5.5 million DBZ loan syndicated and guaranteed with Investrust and Intermarket Banking Corporation.
The loan was reportedly obtained by Zambian Airways by offering two planes worth $200, 000.00 each but valued at $1.2 million by the airline itself. Despite showing marked features of bankruptcy, and therefore not eligible for such a loan, DBZ (a public company) and the two banks, disbursed the loan of $5.5 million to Zambian Airways.
By September 2008, predictably, the loan was not performing. DBZ board consisting of director general Dr Abraham Mweenda, board members S. Beyani, R. Phiri, A. Musukwa and C. Habasonda decided to place Zambian Airways under receivership.
The board recognised that Mr Nchito had provided very weak security and receivership was inevitable since the loan was not being serviced.
The airline’s chief executive officer is then reported to have called for an urgent meeting where he came up with an ingenious proposal; turn the debt with DBZ into equity. Let the bank buy the shares by turning what the airline owed DBZ into shareholding.
He is also said to have pledged to bring more external security to the company, downsize and restructure the management of the airline, and reduce on unprofitable routes.
He informed the board that he would bring a strategic equity partner and allow the airline to be managed by Comair or Airlink.
He also stated that the airline’s books would be ‘clean’ since Zambia State Insurance Corporation (ZSIC) was expected to inject a $4 million into the airline which would allow Zambian Airways to buy the leased planes and clear outstanding lease amounts. The ZSIC bid, however, eventually failed.
In October 2008, while the country was steeped in election fever, Mr Nchito was busy working on the conversion of the $4 million DBZ debt into equity.
The DBZ board had consistently opposed this restructuring of its debt. The board expressed unwillingness with such an arrangement, and part of the current investigation aims at establishing that undue political influence was then brought to bear on the board members.
The DBZ board continued to refuse to buy shares in Zambian Airways. The board insisted on recovering the $4 million due by retaining the debt structure.
However, there was a presidential election in the air, President Mwanawasa who was deemed to be friendly to the airline and its associates was no more. The potential successor, Ngandu Magande had failed in his presidential bid, the board chose to be prudent and excercised caution.
Mr Nchito, however, desperately pursued the conversion of the debt to shareholding structure to escape the intended receivership action by DBZ and avoid paying the loan entirely.
He informed the DBZ board that he was bringing on board his business partners and Zambian Airways shareholders, The Post. The Post brought to the table a reasonable proposal.
The Post apparently drew up documents to allow DBZ exit from the syndicated loan and committed and undertook to assume and settle the other loans that DBZ had guaranteed and was outstanding with Investrust and Intermarket Banking Corporation totalling $2.1 million.
Mutembo and Nchima Nchito and Fred Mmembe then drew up and signed a document called ‘Common stock Equity Facility’ to finally convert the DBZ debt facility Zambian Airways owed, to equity facility. At this stage DBZ were deemed to be Zambian Airways latest shareholders! And the Zambian Airways directors had managed to escape paying the $4 million.
Minister of Transport and Communication Dora Siliya, in her ministerial statement to Parliament stated that DBZ did not buy shares in Zambian Airways and had insisted that the loan was still outstanding and had to be paid back.
In effect, the Government deems this purported conversion of the $4 million to shareholding as illegal and constituting a blatant fraudulent activity.
The biggest losers in this matter are leaders of civil society groupings that were blindly used to prevent the investigations of $30 million loss, and undermined the good standing of their institutions.
The PF leader, Michael Sata has been caught wrong footed. He called for President Banda’s Government to “silence criminals in Government and not The Post” (The Post Feb 21, 2009). One would think criminals are criminals wherever they are.
The invitation for non-governmental organisations (NGOs) to run parallel investigations is a diversionary tactic to characterise these criminal investigations as a campaign to silence critical media. Sadly, even respectable institutions of professionals such as the Zambia Institute of Chartered Accountants (ZICA), were drawn in the defence of criminal activities, and may live to rue their rash reaction.
Law Association of Zambia, Southern Africa Centre for the Constructive Resolution of Disputes and Transparency International Zambia supported the parallel investigations.
Whilst the NGOs were active during the calls for the probe of Ms Siliya, there is a deafening silence over the disappearance of the $30 million.
It is even ironical that an organisation such Transparency International Zambia formed to fight graft and theft of public funds could promote activities that might prevent the recovery of this money and are part of a charade to pervert the course of justice.
It is clear that the leaders of these NGOs are in an alliance that serves the interest, of those of their own clique rather than the interests of their members and the country. This smacks of double standards.
From the Times of Zambia (05/03/2009)