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.

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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.


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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).

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