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