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.

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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.

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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.


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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.

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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.

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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.

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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.

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