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The DPP has withdrawn the appeal lodged by the Task Force against FTJ's acquittal.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

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.

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

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

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

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