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.

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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


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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.

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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.

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From the Zambia Watchdog

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.

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

Vice President, George Kunda, says the just ended Indaba has managed to achieve its objective of addressing the adverse impact of the global economic crisis on Zambia.

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.

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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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?

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