RP Capital

[Cho]

I thought I should share this...though already many of you pick it
from the Zambian Economist...

http://zambian-economist.blogspot.com/2009/02/rp-capital-guest-blog-yakima.html


On 19/02/2009, Sketchley Sikazwe <Sketc...@chambishi.com.zm> wrote:
>
>
>
>
>
> Sillier and Sillier
>
>
> Written by Kalaki
>
>
> `Yes, Kalaki,' she purred, `What brings you here today? Have you come to
> hear the story of my life?'
>
> Amongst the plush surroundings of the room lay the ample figure of Ms Dearer
> Sillier, lolling on the satin cushions of her Egyptian couch, her gorgeous
> curves draped in a thin golden gossamer silk robe.
>
> `I'm writing an article,' I explained, `on how, back in 2008, the government
> came to an
>
> agreement with RIP Ltd of the Cayman Islands to supply all necessary
> communication
>
> equipment to the government, in exchange for the entire national copper
> production. Development economists now argue that this monopoly agreement
> led directly to the extreme poverty and degradation experienced by Zambia
> during the Great Global Depression of 2009-2012. As the Minister for Single
> Sourcing at the time, what can you tell me about why the government ever
> made such a deal with RIP?'
>
> `You have to understand how it was in those days,' she said lazily, as she
> stretched her arm and picked a grape with her long varnished talons. `This
> was before the passing of the Freedom of Information Act, so for security
> reasons we were not able to reveal that the same single source had also
> agreed to provide the supplementation of Cabinet salaries that in those days
> was necessary to facilitate the smooth running of government.'
>
> `Let's start from the beginning,' I said. `How did you get the name Dearer?'
>
> `When I was a mere TV newsreader, `she explained, `I always wore beautiful
> clothes that were more expensive than anybody else's. So I became known as
> Dearer.'
>
> `You always went to the most expensive shop in town?'
>
> `That's when I first discovered single
>
> sourcing,' she laughed. `Expensive is always best. I'm even dearer than
> Vera.'
>
> `But if you don't mind my asking, where did you get the name Sillier?'
>
> `From reading the news during the dying days of the ridiculous Second
> Republic, when every day the news was sillier than the day before. So people
> began to call me Dearer Sillier. Some people think I'm called Sillier
> because I'm silly, but actually I'm very smart. I'm even smarter than Sata.'
>
> `And then, from being a newsreader, in 2008 you were suddenly appointed
> Minister for Single Sourcing, and immediately had a big fight with the
> Tender Board.'
>
> `The Tender Board!'she laughed, as she reached for a bowl of strawberries
> and cream. `They were just silly old men who didn't know how to buy
> anything. They'd never even been shopping with their wives. They weren't
> even qualified to buy a bag of tomatoes!'
>
> `I'm told you actually got rid of the Tender Board.'
>
> `Not exactly,' she laughed, modestly
>
> adjusting her silk robe. `They got rid of
>
> themselves, after they insisted on going to the Cayman Islands to
> investigate one of my deals which they said was Dearer and Sillier. But when
> it came to ordering their first breakfast at their hotel, they insisted on
> getting three
>
> tenders, and choosing the cheapest.'
>
> `Was that a mistake?'
>
> `It was for them!' she laughed, `because the nearest alternative hotel was
> ten miles away, on another island. By the time they had
>
> managed to get three quotations they had all starved to death. So after
> their departure I was able to pass the Single Sourcing Act in
>
> parliament.'
>
> `So where did it all go wrong?' I wondered.
>
> `It all went wrong a couple of years ago,' she sighed, taking a swig of
> champagne for
>
> consolation, `when I sued the editor of The Past for calling me a thief. He
> had been
>
> publishing libellous stories about me that he had got from some disgruntled
> employee at the Ministry of Single Sourcing.'
>
> `But surely,' I said sympathetically, `if there was only one person telling
> these stories, there was no corroborative evidence. How can he publish a
> story on the basis of evidence from only one whistle blower? And how can
>
> evidence from only one witness be the basis of a judgement in court?'
>
> `That's what I thought,' said Dearer sadly. `But the judge declared that,
> under the terms of the new Single Sourcing Act, one source was sufficient.
> So I was sent to jail as a thief.'
>
> I looked around the large comfortable room with its sumptuous furnishing and
> en suite bathroom. `Even so, you can't complain,' I said. This is an
> extraordinarily luxurious jail!'
>
> `Yes,' she said, with a self-satisfied smirk. `Being smarter than all my
> critics, I took the opportunity, as Minister of Single Sourcing, to equip
> Mukobeko as the best jail in all Africa. I knew that before long all the
> best people would be coming here. Even Nyamasoya and Kafupi are accommodated
> here, in the men's wing, over the other side.'
>
> `I hope they have all the medicines they need.'
>
> `Oh yes,' she laughed. `Katwishi Buliar stocked it well with medicines from
> Bulgaria in preparation for his own arrival. We live like kings and queens
> in here. My single sourcing has provided an excellent investment for
>
> former leaders.'
>
> `But don't you sometimes worry,' I asked, `that you might go to Hell?'
>
> `Not at all,' she laughed. `The Reverend Gladrap Wrongo is in the room next
> door, and she has sold me the title deeds to a nice large plot in Heaven!'
>
>
> TIZ raises water pumps fraud case against Dora
>
>
> Written by George Chellah and Patson Chilemba
>
>
>
>
> COMMUNICATIONS and transport minister Dora Siliya has allegedly defrauded
> Petauke District Council of K12.5 million in fake refund claims. And ten
> civil society organisations yesterday presented a petition to Acting Chief
> Justice Irene Mambilima at the Supreme Court to set up a tribunal to probe
> alleged abuse of office and corruption involving Siliya.
>
> According to the civil society's petition to the Chief Justice, Siliya is
> alleged to have corruptly received a sum of K12.5 million from public funds.
>
> "Some documents and information released from Petauke District Council
> allege that in early August, 2008, Hon Dora Siliya informed Petauke Central
> Councillors that funds for drilling two (2) boreholes were allegedly secured
> and that she intended to assist the peri-urban communities of Petauke. The
> information further indicates that during the Presidential election in
> October last year, the Department of Water Affairs allegedly sent a Rig to
> Petauke to drill the two boreholes," the petition stated. "The documents
> further confirm that the rig was allegedly negotiated to drill the two
> boreholes and the conditions were that fuels and allowances to the crew be
> paid and only departmental charges be sent to Chipata at 7.5 million Kwacha
> per each borehole. The boreholes were drilled immediately."
>
> The petition also stated that: "The information further goes on to allege
> that the week after elections in November 2008, Mr. Boyd Mboyi, the Council
> Secretary was allegedly given the money for drilling by Hon. Siliya. The
> information also confirms that Mr. Mboyi paid 9 million kwacha for 1200
> litres of fuel for two boreholes from IBO Filling Station; he further paid
> K4,520,000.00 as allowances to the drilling crew and he paid 15 million
> kwacha as Departmental charges to the Dept. of Water Affairs. The
> information further explained that Mr. Mboyi also sent a vehicle to Lusaka
> at Saro Agri - Equipment Ltd to procure or purchase two hand pumps for the
> boreholes at a cost of 5 million kwacha and in order for the hand pumps to
> be installed; ten (10) pockets of Cement were bought for 650 thousand
> kwacha. This brought the total cost of the two boreholes to about
> K34,170,000.00.
>
> "The information also indicate that surprisingly, when the Constituency
> Development Fund (CDF) was received, the Council allegedly started making
> dubious payments to Hon. Siliya in pretence of refund for the two boreholes
> drilled as indicated above. The letter attached dated 28th November, 2008
> written on the Ministry of Communications and Transport letterhead and
> signed by Hon. Siliya 'claiming a refund of ZMK 12.5 Million only' (Document
> 1). A payment voucher prepared on 16th December, 2008 'being payment made in
> respect of hand pumps for two boreholes for Talasa 2' is further being
> availed and tendered in evidence. The Payment Voucher was signed on 17th
> December 2008 (Document 2).
>
> "The information further alleged that Hon. Siliya has continued receiving
> cheques from Petauke District Council as refund for the boreholes. The
> information is alleging that the 12.5 million kwacha paid for two hand pumps
> was fake as these hand pumps could not cost this much. The information
> available from council sources in Petauke further allege that the payment
> was done to simply benefit Hon. Siliya. A check at Saro Agro further
> confirms that in late 2008 these hand pumps were costing each above 2.5
> million kwacha and now are costing K3 million which confirms that the K12.5
> million claimed by Hon. Siliya as confirmed on the Council payment voucher
> for two hand pumps was fake."
>
> And 10 civil society organisations presented the petition before justice
> Mambilima over abuse of authority of office allegations involving Siliya.
>
> The civil society organisations who presented the petition include
> Transparency International Zambia (TIZ), Southern African Centre for the
> Constructive Resolution of Disputes (SACCORD), Citizens Forum, Foundation
> for Democratic Process (FODEP), Women for Change (WfC), Civil Society for
> Trade Network (CSTN), Jesuit Centre for Theological Reflection (JCTR), Civil
> Society for Poverty Reduction (CSPR), Zambia Youths Against Corruption and
> Caritas Zambia.
>
> The organisations submitted that they felt duty bound as patriotic citizens
> and institutions in accordance with the provisions of Section 13 (1) of the
> Parliamentary and Ministerial Code of Conduct Act, Chapter 16 of the Laws of
> Zambia, to bring the corruption allegations against Siliya before the Chief
> Justice.
>
> And addressing the press shortly after presenting the petition, FODEP
> president Elijah Rubvuta said the civil society leaders had presented the
> petition on three main issues.
>
> He said the first issue involved Siliya's signing of a Memorandum of
> Understanding (MoU) with RP Capital Limited in total disregard of the
> Attorney General's legal advice.
>
> "In the second count, the Hon. Siliya is alleged to have overruled the
> Zambia National Tender Board (ZNTB) and cancelled a duly awarded contract
> for the supply, delivery, installation and commissioning of a Zambia Air
> Traffic Management Surveillance Radar System (ZATM-RADAR) at Lusaka and
> Livingstone international airports," Ruvuta said.
>
> On the third count, Ruvuta said Siliya is alleged to have claimed a K12.5
> million refund from Petauke District Council Committee for two hand pumps
> for two boreholes in one of the wards called Nyika, when in fact the hand
> pumps were procured at K5 million.
>
> In an interview, TIZ executive director Goodwell Lungu said the
> organisations expected quick action from the Chief Justice so that Siliya
> could clear herself over the several corruption allegations levelled against
> her.
>
> Lungu said the civil society was trying to demonstrate using current laws to
> hold government leaders accountable.
>
> Former communications and transport minister William Harrington on Monday
> petitioned the Chief Justice to appoint a tribunal to investigate Siliya for
> allegedly breaching the Parliamentary and Ministerial Code of Conduct Act.
>
> Harrington submitted the complaint in a letter dated February 16, 2009 to
> acting Chief Justice Mambilima on the alleged breach of part II of the
> Parliamentary and Ministerial Code of Conduct Act, Cap 16 of the laws of
> Zambia by communications and transport minister Dora Siliya.
>
> Read Civil Society's Petition below
>
> Civil Society's Petition to the Chief Justice to Consider a Tribunal to
> Probe alleged abuse of office and Corruption against Hon. Dora Siliya,
> Minister of Communications and Transport
>
> 18th February 2009
>
> We the undersigned civil society organisations members, representing a huge
> segment of Zambia's population both in the urban and rural areas, do
> register our deep and profound dismay at the allegations of corruption
> against Hon. Dora Siliya. We therefore feel duty bound as patriotic citizens
> and institutions in accordance with the provisions of Section 13 (1) of the
> Parliamentary and Ministerial Code of Conduct Act, Chapter 16 of the Laws of
> Zambia, wish to bring this allegation to your attention for action under the
> law by your good office to constitute a tribunal as provided for under
> Section 14 of the aforementioned Act to probe the allegations that we have
> adequately explained and detailed as below to make your work easier.
>
> Hon. Dora Siliya, MP, the Minister of Communications and Transport is
> alleged to have abused her official position of three allegations of
> corruption, abuse of authority and failing to follow prescribed tender
> procedures as follows:
>
> 1. In the first instance, Hon. Siliya is alleged to have on December
> 22nd 2008 signed a Memorandum of Understanding (MoU) with RP Capital
> Partners Limited on behalf of the government of Zambia totally disregarding
> legal advice from the Attorney General's Chambers;
>
> 2. In the second count, the Hon. Siliya is alleged to have overruled
> the Zambia National Tender Board (ZNTB) and cancelled a duly awarded
> contract for the supply, delivery, installation and commissioning of a
> Zambia Air Traffic Management Surveillance Radar system (ZATM-RADAR) at
> Lusaka and Livingstone International Airports; and
>
> 3. In the third instance, Hon. Siliya, is alleged to have claimed a
> 12.5 Million Kwacha refund from the Petauke District Council Committee for
> two (2) hand pumps for 2 boreholes in one of the wards called Nyika when in
> fact; the hand pumps were procured at 5 Million Kwacha.
>
> DETAILS OF THE ALLEGATIONS
>
> 1) Allegations against her handling of the RP Capital Partners MOU
>
> It has been alleged that the Attorney General, Mr. Mumba Malila has strongly
> criticised Hon. Siliya's decision to proceed to sign an MoU with RP Capital
> Partners Limited over the partial privatisation of ZAMTEL shares in total
> disregard of legal advice from his office.
>
> According to media reports in the Newspapers in the The Post Newspaper,
> Saturday February 7, 2009, Malila Criticizes Siliya on Zamtel Privatisation,
> The Post Newspaper, Tuesday February 10, 2009- Rupiah Backs Siliya The Post
> Newspaper, February 14, 2009- Siliya Defends contract with RP Capital,
> Zambia Daily Mail, February 14, 2009- Dora Speaks out on Attacks, Times of
> Zambia, Tuesday 10, 2009, Give Siliya Chance- RB Attorney general Exonerates
> Himself, late last year, the Permanent Secretary (PS) in the Ministry had
> written to the Attorney General's Chambers seeking legal advice on the MoU
> that the Ministry intended to sign with RP Capital Partners Limited of
> Cayman Islands. In response, Acting Principal Counsel, Inonge Kwenda Mweene,
> on behalf of the Solicitor General, wrote to the PS on the matter. Despite
> legal advice not to proceed, Hon. Siliya on December 22nd 2008 signed an MoU
> with RP Capital on behalf of the Zambian government without making
> amendments to the MoU. The alleged Solicitor General's authority is in
> contradiction to The Attorney General's letter dated January 5th 2009 to the
> PS in the Ministry of Communications and Transport advised that the MoU be
> nullified and that the necessary processes be followed. On this note we note
> in our legal analysis that it is not possible in accordance with the
> Constitution of the Republic of Zambia for the solicitor general to overrule
> the Attorney General unless in unconstitutional circumstances.
>
> According to the MoU, RP Capital has been contracted by the Zambian
> government to provide consultancy services to the government in connection
> with valuation of ZAMTEL for purposes of potential sale of government shares
> in ZAMTEL, assistance in negotiations with prospective acquirers in
> conjunction with the government team and project management of the potential
> ZAMTEL sale process working with the Ministry of Communications and
> Transport and/or the Zambia Development Agency (ZDA), as the case may be.
> The MoU further stated that the Zambian government shall pay to RP Capital a
> fee amounting to five (5) percent of the negotiated amount and would get US$
> 2 Million [about ZMK 10.3 Billion] as transaction fees at the end of the
> transaction.
>
> However, delivering her Ministerial statement to Parliament on Friday,
> February 13th 2009, Hon. Siliya said the process of privatization through an
> MoU is not a legally binding document but only expresses the intention of
> the parties. The second phase, involves the actual sale, which would only be
> upon approval from Cabinet. She explained that RP Capital was selected on
> the basis of limited tender selection processes because ZAMTEL was
> threatened of collapse. She claimed that she followed all the tender
> procedures. She acted within the law when she signed the MoU with RP
> Capital. And on the companies that approached the government on ZAMTEL, RP
> capital showed interest in the valuation of assets. She justified signing of
> the MoU because of circular No. 1 of 2009 which came into effect on December
> 12, 2008. In the event that Cabinet approved the partial privatization, the
> Attorney General's advice has been ignored and will be taken into account at
> an appropriate time
>
> 2) Allegations Against Her Handling of the Airport Radar
>
> Communications and Transport Minister, Dora Siliya is alleged to have
> overruled the Zambia National Tender Board (ZNTB) and cancelled a duly
> awarded contract for the supply, delivery, installation and commissioning of
> a Zambia Air Traffic Management Surveillance Radar system (ZATM-RADAR) at
> Lusaka and Livingstone International Airports. According to reports, Hon.
> Siliya's cancellation was meant to accommodate SELEX Sistemi Integrati, a
> company from Italy, which has been single-sourced, contrary to professional
> advice from officials in her Ministry, National Airports Corporation (NAC)
> and ZNTB.
>
> The reports said the tender for the purchase of ZATM-RADAR was initiated and
> recommended by a technical team comprising officers from NAC and Ministry of
> Communications and Transport. This was after SELEX offered in February 2008
> to supply the equipment at a fixed total price of Euro 13.7 Million
> following its inspections of the facility at the airport and recommendation
> that the facility was obsolete and required replacement. Sometime in
> February last year, the Ministry of Transport and Communications requested
> for funding from the Ministry of Finance for the purchase of the new radar
> at Lusaka and Livingstone international airports. In April last year, the
> secretary to the treasury, in principle, supported the acquisition of this
> new radar equipment but felt that there was need to consult the ZNTB on
> whether or not the ministry should single source.
>
> The reports said on the strength of this advice, the PS in the Ministry of
> Communications and Transport in June submitted bidding documents to ZNTB
> director general for subsequent advertising on international competitive
> bidding. The bids were received by ZNTB and were publicly opened in the
> presence of bidders or their representatives. After that, an evaluation
> committee was composed from institutions that would be responsible for the
> equipment who prepared technical specifications. At the time the tender was
> opened on September 26, 2008, six bids were received from Hua-Jiang
> Investments with option number one at US $18.9 million and option number two
> at US $16.8 million, Intelcan at Euro 12.9 million, China LES at US $18.9
> million and Ramet C.H.M at Euro 14.9 million. Other bids were from Thales
> Air Systems S.A with two options: option one was at Euro 9.050 million with
> option two at Euro 12.6 million. SAAB Systems Limited also put in a bid at
> Euro 15.8 million.
>
> And at the end of the evaluation process, Thales Air Systems SA was
> successful as ZNTB's Central Tender Committee authorised to award the
> contract for Euro 9,050,168; the company's first option. On December 11,
> 2008, the then PS in the Ministry of Transport and Communications, Dr.
> Eustern Mambwe wrote to Thales Air Systems SA of France notifying them that
> they had been awarded the contract for the tender to supply, deliver,
> install, and commission the ZATM-RADAR at Lusaka and Livingstone airports.
> Dr. Mambwe even requested Thales Air Systems to acknowledge receipt of the
> notification for the award of the contract and acceptance of the sum total
> for option number one. Dr Mambwe is said to have further stated that his
> ministry, together with justice and finance ministries were open for
> negotiations on the special conditions of the contract with regard to terms
> of payment prior to signing of the contract. However, on the same day Hon.
> Siliya wrote to ZNTB Director General, David Kapitolo cancelling the award
> of the contract to Thales Air Systems claiming the tendering process did not
> inspire confidence.
>
> But on December 12, 2008, the Chief Purchasing Officer in the Ministry of
> Transport and Communications wrote a memo to Siliya advising her to abide by
> the lawful decision of the ZNTB to award the contract to Thales Air Systems.
> The chief purchasing and supplies officer stated that a selective tender may
> be authorised where: (a) there is a proclamation in force declaring a state
> of emergency or threatened emergency under the Constitution, (b) it is in
> the interest of public order, public safety or public security, (c) building
> works of a specialised or complex nature are involved, or equipment to be
> obtained is highly specialised, (d) the goods and services to be rendered by
> an educational or training institution, (e) services are to be rendered by
> an educational or training institution, (f) evidence is furnished that there
> are no other competing institutions or organisations in respect of the goods
> or services to be supplied or rendered and that the supplier is the sole
> franchise holder, (g) the goods or services to be supplied or rendered are
> to be used in, or are in the nature of research work, (h) equipment to be
> supplied is technical and is of a nature that requires standardised and
> inter-changeability of parts; or (i) there has been no acceptable tender
> from all formal tenders previously invited.
>
> On this same day, Dr Eustern Mambwe had also written to Siliya explaining
> that the ZNTB process was transparent and dismissed as false assertions from
> Hon Siliya's alleged anonymous informer claiming that the process was not
> transparent. However, last month, Hon Siliya instructed Dr Mambwe to ensure
> that ZNTB cancelled the earlier contract awarded to Thales Air Systems. What
> was unknown to officials at ZNTB and probably some officials at the ministry
> was the fact that SELEX had in early December last year offered, to the
> Director of Civil Aviation, to repair the radar at Lusaka International
> Airport.
>
> 3) Alleged corrupt receipt of K12.5 million public funds
>
> Some documents and information released from Petauke District Council allege
> that in early August, 2008, Hon. Dora Siliya informed Petauke Central
> Councillors that funds for drilling two (2) boreholes were allegedly secured
> and that she intended to assist the peri-urban communities of Petauke. The
> information further indicates that during the Presidential election in
> October last year, the Department of Water Affairs allegedly sent a Rig to
> Petauke to drill the 2 boreholes. The documents further confirm that the rig
> was allegedly negotiated to drill the 2 boreholes and the conditions were
> that fuels and allowances to the crew be paid and only Departmental charges
> be sent to Chipata at 7.5 million kwacha per each borehole. The boreholes
> were drilled immediately.
>
> The information further goes on to allege that the week after elections in
> November, 2008, Mr. Boyd Mboyi, the Council Secretary was allegedly given
> the money for drilling by Hon. Siliya. The information also confirms that
> Mr. Mboyi paid 9 Million Kwacha for 1200 Litres of Fuel for 2 boreholes from
> IBO Filling Station; he further paid K4,520,000.00 as allowances to the
> drilling crew and he paid 15 Million Kwacha as Departmental charges to the
> Dept. of Water Affairs. The information further explained that Mr. Mboyi
> also sent a vehicle to Lusaka at Saro Agri - Equipment Ltd to procure or
> purchase 2 hand pumps for the boreholes at a cost of 5 Million Kwacha and in
> order for the hand pumps to be installed; ten (10) pockets of Cement were
> bought for 650 Thousand Kwacha. This brought the total cost of the 2
> boreholes to about K34,170,000.00.
>
> The information also indicate that surprisingly, when the Constituency
> Development Fund (CDF) was received, the Council allegedly started making
> dubious payments to Hon. Siliya in pretence of refund for the 2 boreholes
> drilled as indicated above. The letter attached dated 28th November, 2008
> written on the Ministry of Communications and Transport letter head and
> signed by Hon. Siliya 'claiming a refund of ZMK 12.5 Million only'
> (Document 1). A payment voucher prepared on 16th December, 2008 'being
> payment made in respect of hand pumps for two boreholes for Talasa 2' is
> further being availed and tendered in evidence. The Payment Voucher was
> signed on 17th December, 2008 (Document 2).
>
> The information further alleged that Hon. Siliya has continued receiving
> cheques from Petauke District Council as refund for the boreholes. The
> information is alleging that the 12.5 million kwacha paid for 2 hand pumps
> was fake as these hand pumps could not cost this much. The information
> available from council sources in Petauke further alleges that the payment
> was done to simply benefit Hon. Siliya. A check at Saro Agro further
> confirms that in late 2008, these hand pumps were costing each above 2.5
> million and now are costing K3million which confirms that the K12.5 million
> claimed by Hon. Siliya as confirmed on the Council payment voucher for two
> hand pumps was fake.
>
> LEGAL ANALYSIS OF THE ALLEGATIONS
>
> 1) Allegations against her handling of the RP Capital Partners MOU
>
> The first issue that has to be analysed is; what is the effect of the advice
> from the Attorney General? One cannot satisfactorily consider or answer the
> above issue without consulting Article 54 of the Constitution, Chapter 1 of
> the Laws of Zambia which establishes the important office of the Attorney
> General and also prescribes his or her functions.
>
> "(1) There shall be an Attorney-General of the Republic who shall, subject
> to ratification by the National Assembly, be appointed by the President and
> shall be-..
>
> (b) the principal legal adviser to the Government.
>
>
> (2) Without prejudice to the general functions under clause (1), the
> functions of the Attorney-General shall be to-.............
>
> (b) draw and peruse agreements, contracts, treaties, conventions and
> documents, by whatever name called, to which the Government is a party or in
> respect of which the Government has an interest;...............
>
> ............(3) Subject to the other provisions of this Constitution, an
> agreement, contract, treaty, convention or document by whatever name called,
> to which Government is a party or in respect of which the Government has an
> interest, shall not be concluded without the legal advice of the
> Attorney-General, except in such cases and subject to such conditions as
> Parliament may by law prescribe.
>
> .......(7) In the exercise of the power to give directions to the Director
> of Public Prosecutions conferred by clause (7) of Article 56, the
> Attorney-General shall not be subject to the direction or control of any
> other person or authority".
>
> Clause 3 above is instructive of the effect of the advice from the Attorney
> General in issues of contracts between the government of the Republic of
> Zambia and any other party. According to this Clause, the advice is
> mandatory and no one has a choice but to strictly follow what the Attorney
> General has advised them to do. Thus, in an event that the Minister of
> Communications and Transport totally disregarded the advice from the
> Attorney General means that she directly went against the provisions of the
> Constitution, Chapter 1 of the Laws of Zambia which also happens to be the
> country's supreme law which cannot be dispensed with by citing another
> inferior law as laid down. This is adequately demonstrated in landmark cases
> such as that of CHRISTINE MULUNDIKA AND 7 OTHERS v THE PEOPLE (1995) S.J.;
> S.C.Z. Judgment No. 25 OF 1995 or S.C.Z. Appeal No. 95 OF 1995 where it was
> held that Section 5(4) of the then Public Order Act Cap 104 contravened
> Articles 20 and 21 of the Constitution and was null and void. This was also
> affirmed in another celebrated but unreported case of RESIDENT DOCTORS
> ASSOCIATION AND 51 OTHERS v THE ATTORNEY GENERAL (On the 26th September 2002
> and 28th October 2003). The case of LAW ASSOCIATION OF ZAMBIA AND OTHERS v
> THE ATTORNEY-GENERAL (2001/HP/0382) also puts this trite principle of law
> very clearly. Thus, the actions by the Minister of Communications and
> Transport should be declared null and void as they are unconstitutional.
>
> On the argument by the Vice President aired on Zambia National Broadcasting
> Corporation (ZNBC) on 16th and 17th February, 2009 that the Minister of
> Communications and Transport in fact had the blessings of the Solicitor
> General, this argument does not stand as Article 55 of the Constitution is
> very clear on issues where the Solicitor General acts on behalf of the
> Attorney General. According to Clause 5 of Article 55;
>
> "Any power or duty imposed on the Attorney-General by this Constitution or
> any other written law may be exercised or performed by the
> Solicitor-General-
>
> (a) Whenever the Attorney-General is unable to act owing to illness
> or absence; and
>
> (b) In any case where the Attorney-General has authorised the
> Solicitor-General to do so".
>
> It is very clear that since the Attorney General had already provided legal
> advice on the matter and a strong recommendation, it is against the above
> constitutional provisions to offer contradictory advice that suggests
> overruling the Attorney General by the Solicitor General. There is no
> contention that there was no legal justification to ignore the Attorney
> General's advice over the partial privatisation of ZAMTEL. To buttress this
> argument even further, the Public Procurement Act No. 12 of 2008 which
> became operational on 8th December, 2008 provides in section 54(2) as
> follows: 'No contract, purchase order, letter of bid acceptance or other
> communication in any form conveying acceptance of a bid or award shall be
> issued prior to........ (d) confirmation that funding is available for the
> contract (e) any other approval required, including the approval of the
> contract by the Attorney General (3) any contract, purchase order, letter of
> bid acceptance or other communication issued contrary to subsection (2) is
> void".
>
> Section 54 (2) (d) brings into light issues that are also highlighted
> clearly in the Constitution as it provides in its Article 115 as follows:
>
> "(1) Moneys shall not be expended from the general revenues of the Republic
> unless-
>
> (a) the expenditure is authorised by a warrant under the hand of the
> President; (b) the expenditure is charged by this
> Constitution or any other law on the general revenues of the Republic; or
>
> (c) the expenditure is of moneys received by a department of
> government and is made under the provisions of any law which authorises that
> department to retain and expend those moneys for defraying the expenses of
> the department.
>
> (2) A warrant shall not be issued by the President authorising expenditure
> from the general revenues of the Republic unless-
>
> (a) the expenditure is authorised by an Appropriation Act;
>
> (b) the expenditure is necessary to carry on the services of the
> Government in respect of any period, not exceeding four months, beginning at
> the commencement of a financial year during which the Appropriation Act for
> that financial year is not in force
>
> (c) the expenditure has been proposed in a supplementary estimate
> approved by the National Assembly;
>
> (d) provision does not exist for the expenditure and the President
> considers that there is such an urgent need to incur the expenditure that it
> would not be in the public interest to delay the authorisation of the
> expenditure until such time as a supplementary estimate can be laid before
> and approved by the National Assembly; or
>
> (e) the expenditure is incurred on capital projects continuing from
> the previous financial year and is so incurred before commencement of the
> Appropriation Act for the current financial year..."
>
> Thus, the question that Hon. Siliya might have to answer is whether there
> was any availability of funds allowing her office to go ahead and sign the
> MoU in total disregard of legal advice.
>
> As if the above issues are not enough, the Honourable Minister of
> Communications and Transport thought it fit to go ahead and issue a
> ministerial statement in Parliament which was so defensive and in most parts
> could be said to have been blatant lies. Hon. Siliya told Parliament that
> she signed an MoU with RP Capital which is not legally binding. However,
> Clause 2.1 of the MoU that Dora signed on December 22, 2008 states, "that RP
> Capital agrees to and is appointed by the GRZ to provide the following
> services to GRZ: (i) consultation and expert advice in connection with
> valuation of ZAMTEL for purposes of the potential ZAMTEL sale; and (ii)
> assistance in negotiations with prospective acquirers in conjunction with
> the GRZ team (iii) project management of a potential ZAMTEL sale."
>
> In Clause 2.3 of the same agreement, the document says, "This MoU
> constitutes a mandate from the GRZ to appoint RP as its consultant in
> respect of its valuation and potential ZAMTEL sale and provide the services
> to the GRZ under the terms hereof and for considerations specified in
> section three (3). Clause 8, which appears on the page that Hon. Siliya
> appended her signature on, states: "This MoU shall come into effect on the
> date of its signature by the parties." Having signed, on December 22, 2008,
> a document that says what we have quoted, is Hon. Siliya honest in going to
> Parliament and saying that the MoU she signed was not legally binding?
>
> In Clause 7.4, the MoU states, "on behalf the Republic of Zambia and its
> various agencies or legal entities...irrevocably waives, and undertakes not
> to invoke, any sovereign or other immunity from jurisdiction or execution
> which it may have whether abroad or in the Republic of Zambia." After
> looking at all these provisions of the MoU that was signed on behalf of the
> people of Zambia by Hon Siliya, one does not need to be an intellectual to
> know that the document binding. There is no need to waive the sovereign
> immunity of Zambia if a document is non-binding. The only reasonable cause a
> document would require to waive the sovereign immunity of any country is
> because it is a binding document and RP Capital want to be able to sue the
> Zambian government in a foreign court if there is any breach on the clauses
> of the MoU.
>
> Hon Siliya also told Parliament that the advice of the Attorney General's
> chambers was taken into account before signing the MoU. This is a blatant
> lie because the Attorney General in his letter dated January 5, 2009 as
> quoted above was very clear and proves to the contrary of what the
> ministerial statement said.
>
> The Minister also told Parliament that she actually did follow tender
> procedures. The simple question is: how did she follow tender procedures? It
> is not clear that the tender committee at the Ministry of Communications and
> Transport sat to consider the engagement of RP Capital. Section 12 (1) of
> the Procurement Act provides that; 'A procurement entity shall be
> responsible for the management of all procurement activities within its
> jurisdiction in accordance with this Act'. Thus, in the absence of such an
> entity in this case, it simply goes to show that the Honourable Minister
> misguided not only herself but also the whole House (Parliament) when she
> reported that the procedures were followed.
>
> From the above, it is clear that there is a high possibility that the
> ministerial statement which the Minister of Communications and Transport
> gave to Parliament was not truthful and sincere. To prevent such
> untruthfulness and lies coming from a person who is not only a Member of
> Parliament but also holding high office in the Republic in the name
> Minister, there is need to invoke the provisions of Section 14 of the
> Parliamentary and Ministerial Code of Conduct Act, Chapter 16 of the Laws of
> Zambia which talks about setting up a tribunal. It would be justifiable to
> have a tribunal because certain things that might have not been told
> truthfully might have to come out during the proceedings of the tribunal.
>
> 2) Allegations Against Her Handling of the Airport Radar
>
> The issue here is; what should be the effect of any person overruling a
> decision of a duly constituted tender Committee? Section 12 (2) provides
> that, "Any functions related to procurements shall be carried out by persons
> qualified and knowledgeable in procurement in accordance with the Zambia
> institute of purchasing and supply."
>
> Section 12(3) criminalizes any person who contravenes subsection (2) as
> committing an offence and is liable, upon conviction, to a fine not
> exceeding two hundred thousand penalty units or to imprisonment for a term
> not exceeding two years, or to both. Thus, in an event that the Minister of
> Communications and Transport disregarded a decision of a duly constituted
> team, her actions might be bordering on a criminal offence punishable
> accordingly.
>
>
>
>
>
>
> Kunda is talking nonsense, charges Sondashi
>
>
>
>
>
> Written by Patson Chilemba and George Chellah
>
>
>
>
> GEORGE Kunda is talking nonsense, senior MMD member Ludwig Sondashi charged
> yesterday.
>
> And Patriotic Front (PF) president Michael Sata charged that Vice-President
> Kunda is undermining Attorney General Mumba Malila's authority over the
> Zamtel and RP Capital Partners deal.
>
> Commenting on Vice-President George Kunda's defence of communications
> minister Dora Siliya's scam concerning the signing of a Memorandum of
> Understanding (MoU) with RP Capital Partners Limited at a contract sum of US
> $2 million [about K10.3 billion] in total disregard of advice from the
> Attorney General's Chambers, Sondashi said Vice-President Kunda had failed
> to answer the specific issues regarding Siliya's notorious actions.
>
> "To borrow Rupiah Banda's word, what Kunda is talking about is nonsense.
> When we read what Kunda has said, we find that there is no defence that he
> has raised," Sondashi said. "It looks like the Vice-President is sick or
> lying or does not understand constitutional law and administrative law,
> which I was privileged to teach at the University of Zambia [UNZA]. You see,
> when the minister was acting the way she was acting, she was under
> administrative law. The legal advice from the Attorney General is
> mandatory."
>
> On Vice-President Kunda's statement that Siliya was a lay person because she
> was not a lawyer or a State Counsel or an eminent lawyer well versed in
> legal matters, Sondashi argued that Siliya's ignorance of the law was no
> justification.
>
> He said Siliya understood very well the corrupt actions she had engaged in.
>
> "She has many people who advise her. In this case, she was advised and
> refused to take the advice," Sondashi said.
>
> On Vice-President Kunda's argument that the Solicitor General cleared the
> Ministry of Communications and Transport to go ahead and sign the document,
> Sondashi said the Solicitor General was answerable to the Attorney General
> when approving matters.
>
> "I don't see any meaningful thing which Kunda has raised. If Kunda does not
> understand this, then he's a half-baked lawyer," he said.
>
> Sondashi charged that President Rupiah Banda, Vice-President Kunda and
> Siliya had conspired to cheat the Zambian people, adding that people made a
> mistake to elect a President who had no vision for the country.
>
> And Sata advised the Vice-President not to rush in defending Siliya.
>
> "George Kunda is a lawyer by profession. In fact, he is a former president
> of the Law Association of Zambia [LAZ] so let him not be in contempt with
> the law. On Monday, William Harrington submitted a complaint to the Chief
> Justice. How can George Kunda start providing defence even before the
> tribunal is set by the Chief Justice?" Sata asked. "They are panicking
> because they don't know what to do. Why are they panicking if they know that
> they operated within the law? Let them come and give their defence to the
> tribunal. George Kunda is trying to undermine the authority of the Attorney
> General."
>
> He alleged that President Banda was talking through Vice-President Kunda on
> the Zamtel saga.
>
> "Why come and explain now when he knows the law? Let him not start his
> defence now. George Kunda is interfering with the acting Chief Justice
> before she makes a decision on the setting up of the tribunal. So Harrington
> must now lodge another complaint to the Chief Justice over George Kunda's
> behaviour," Sata said.
>
> Sata said the law would catch up with Siliya.
>
> "If Dora Siliya had no protection, she should have gone like Reverend Gladys
> Nyirongo. They are panicking because the law is getting near to them. The
> only senior learned counsel to provide advice to the government is the
> Attorney General, so they are now panicking. They know that when the whole
> thing comes out they will be more people implicated in it," Sata said. "When
> Dora speaks in her defence a number of them will be implicated, that's why
> they are panicking. But Dora Siliya has the protection; first it was the
> President, he says we are talking nonsense and now the Vice-President has
> also come out in her defence."
>
> And Solicitor General Dominic Sichinga when contacted yesterday said he
> could not speak on the matter without authorisation.
>
> "I have absolutely no comment to make. I'm not the official government
> spokesperson unless I'm authorised to give any statements. Otherwise, I
> can't give any statements," Sichinga said.
>
> Addressing journalists over the controversy concerning Siliya's engagement
> of RP Capital Partners Limited to value Zamtel in total disregard of advice
> from the Attorney General's Chambers, Vice-President Kunda said there was
> nothing unusual about the engagement of RP Capital Partners because they
> have special skills.
>
> "From the outset, it must be made clear that Hon Dora Siliya, Minister of
> Communications and Transport who is at the centre of the controversy is a
> lay person. She is not a lawyer nor for that matter a State Counsel or
> eminent lawyer well versed in legal matters. Both Hon. Siliya and the entire
> establishment in the Ministry of Communications and Transport depend on
> legal advice and guidance from the Ministry of Justice and the Attorney
> General's Chambers," he said.
>
> Vice-President Kunda, who is also Minister of Justice, said the comments
> being made in The Post on the MoU were based on documents which were leaked,
> incomplete, selective, premature and illegally in their possession and do
> not portray a complete picture of the matters in dispute.
>
> "Notwithstanding this position, however, the matter has been heavily
> politicised and it appears to us in government, unfortunately that The Post
> newspaper in this case has acted as investigator, prosecutor, judge, jury
> and executioner. Fairness and justice cannot be achieved if all these
> functions and roles are embodied in one body or entity [The Post newspaper].
> In this scenario, The Post newspaper is also calling witnesses of a certain
> inclination to prove its case," he said.
>
> Vice-President Kunda, therefore, said on the MoU concerning RP Capital and
> the government of Zambia, the Solicitor General cleared the Ministry of
> Communications and Transport to go ahead and sign the document.
>
> And responding to questions from The Post on Attorney General Mumba Malila's
> letter to the Ministry of Communications and Transport barely two weeks
> after the MoU was signed criticising the manner in which Siliya signed it
> without taking into account the Solicitor General and acting Principal
> Counsel's advice, Vice-President Kunda maintained that as far as the
> government was concerned the Solicitor General had cleared the MoU.
>
> "The issue of the Attorney General complaining about the [Ministry of
> Communication and Transport ignoring] Solicitor General's advice are neither
> here nor there. As far as we are concerned, as a ministry, this MoU was
> properly cleared by the Solicitor General who was properly pleased with the
> manner at all material time. So the MoU was properly cleared. Your disputing
> the clearance of this particular MoU is totally misconceived and erroneous,"
> argued Vice-President Kunda.
>
> Siliya engaged RP Capital Partners of Cayman Islands to value Zamtel in
> total disregard of advice from Malila's office. Malila then wrote to Siliya,
> strongly criticising her decision to sign the MoU without making the
> necessary adjustments as per advice from the Solicitor General. However,
> Both Siliya and President Rupiah Banda have maintained that there were no
> irregularities in the engagement of RP Capital Partners.
>
>
>
>
> Surveyor raises more questions on RP Capital deal
>
>
>
>
>
> Written by George Chellah
>
>
>
>
> THERE are a lot of unanswered questions surrounding the Zamtel and RP
> Capital Partners deal, a local chartered valuation surveyor has said.
>
> Commenting on the controversy concerning communications minister Dora
> Siliya's signing of a Memorandum of Understanding (MoU) with RP Capital
> Partners Limited at a contract sum of US$ 2 million [about K10.3 billion] in
> total disregard of advice from the Attorney General's Chambers, the source,
> who is a qualified chartered valuation surveyor expressed suspicion in the
> manner the Zamtel and RP Capital Partners deal was handled by the
> government.
>
> "What is supposed to happen is that if a firm valuating a company comes from
> abroad, they are supposed to find a local partner who is registered in
> Zambia because legally they can't practice on their own without a local
> partner. Foreign firms should register that assignment as a project with the
> Valuation Surveyors Registration Board (VSRB), which is based in the
> ministry of local government," the source said. "But I have not heard of any
> request for proposals for tenders in the case of valuating Zamtel. The only
> time we heard was when the MoU was signed."
>
> The source, who is also a registered member of VSRB, said he was not aware
> if RP Capital Partners had partnered with any local company as per
> requirement.
>
> "I suspect RP Capital Partners just did it directly without even partnering
> with any local company. But if these RP guys proceeded to value Zamtel that
> valuation will be a violation. Of course, the MoU is just a promise for a
> job but it's a serious commitment also because it means that they have
> virtually moved on," the source said. "There are a lot of questions that
> need to be answered in the Zamtel deal. If RP Capital Partners had local
> partnering, it would have been explained in both the Vice-President and
> Dora's defence."
>
> The source further explained that: "If RP Capital Partners were bidding
> they will find a local partner and bid with him or her and it's a local
> partner who will be bidding as a lead consultant. That's what we do in
> valuation. We have experience in bidding with foreign companies and we have
> always taken the lead and a foreign company has always come in as a
> sub-contractor for valuation.
>
> "Since the competence is already there locally, a foreign company will only
> be coming in because it has huge capital or specialised machinery. Those are
> some of the specific cases where you bring in foreign companies. But for
> things like buildings, land or let me just say Zamtel, you don't need a
> foreign company."
>
> The Valuation Surveyors Act Chapter 207 of the Laws of Zambia 3(1)(a)
> states: "Notwithstanding the provisions of any other written law, no person,
> unless he is registered as a valuation surveyor, shall-Prohibition of
> un-registered persons from practicing. (a) practice valuation surveying of
> land or use any name, title or style containing the word "valuer",
> "valuations", "evaluating", "evaluation", "appraiser", "appraising" or
> "appraisal', or any other word implying his being in the business of
> valuation surveying. (2) Any person who contravenes the provisions of
> subsection (1) shall be guilty of an offence and shall be liable on
> conviction to a fine not exceeding two thousand five hundred penalty units
> or to imprisonment for a period not exceeding one year, or to both. (As
> amended by Act No. 13 of 1994)."
>
> And the source wondered why the government had to engage a foreign company
> to value Zamtel when there were highly qualified locals.
>
> "As locals we did valuations for all the companies that were privatised by
> the Zambia Privatisation Agency (ZPA). It's the Zambian companies that
> undertook the valuation of former parastatals and that is a lot more work
> than Zamtel. We have enough surveyors locally. In fact, if they brought in
> anybody today, he is not likely to have better qualifications than the local
> people," the source said. "We have enough qualified surveyors to undertake
> such an assignment like I have said earlier if it was tendered locally. The
> other question that needs to be answered is, who costed the job at US$ 2
> million? Because I have never seen a valuation for US$ 2 million, if you can
> compare, how much did ZPA pay all those valuations for parastatals? I don't
> remember ZPA paying US$ 2 million for all the parastatals that were
> privatised."
>
> The source disclosed that Zamtel was actually once valued less than 10 years
> ago.
>
> "I remember we did a tender which was won by a company on the Copperbelt.
> All the buildings, transmitters etc it was done by just one local firm from
> the Copperbelt and they didn't get US$ 2 million for that job. That I know
> because if that firm on the Copperbelt was paid that kind of money, they
> would have retired from practice because US$ 2 million is not small money,"
> said the source.
>
>
>
>
> ACC extends bond for Mwanaumo
>
>
>
>
>
> Written by Masuzyo Chakwe
>
>
>
>
> THE Anti-Corruption Commission (ACC) has extended the bond for Food Reserve
> Agency (FRA) executive director Dr Anthony Mwanaumo (right) to March 3.
>
> Dr Mwanaumo was arrested by the Commission on February 11, 2009 for abuse of
> authority of office.
>
> In a statement issued by ACC public relations manager Timothy Moono, Dr
> Mwanaumo was arrested for two counts of abuse of authority of office
> involving over K2.7 billion and was expected to appear in court yesterday
> for plea.
>
> Moono said Dr Mwanaumo's bond was extended after the Director of Public
> Prosecutions called for the docket.
>
> He said Dr Mwanaumo was charged with two counts of abuse of authority of
> office contrary to section 99 (2) of the Penal Code Chapter 87 of the laws
> of Zambia.
>
> Moono said in the first count, It is alleged that between October 1, 2006
> and November, 30, 2006, in Lusaka, Dr Mwanaumo did abuse the authority of
> his office by arbitrary awarding a contract for the supply of 200 tarpaulins
> worth K1,330,000,000 to Gourock Ropes and Canvas Limited in breach of
> set-out procurement procedures, an act which was prejudicial to the interest
> of the government.
>
> He said in the second count, it is alleged that between October 1, 2006 and
> November, 30, 2006, in Lusaka, Dr Mwanaumo did abuse the authority of his
> office by arbitrary awarding a contract for the supply of 50 tarpaulins
> worth K1.4 billion to Nyimba Filling Station in breach of set-out
> procurement procedures, an act prejudicial to the interest of the
> government.
>
> Sources on Tuesday revealed that the ACC had come under pressure from high
> authorities in government over his arrest. Well-placed sources within the
> Commission's investigating team revealed that there was pressure from top
> people in the government for them to drop Dr Mwanaumo's charges, adding that
> it would be difficult for them to proceed with the matter in view of the
> interference in the case.
>
>
>
>
> ACC extends bond for Mwanaumo
>
>
>
>
>
> Written by Masuzyo Chakwe
>
>
>
>
> THE Anti-Corruption Commission (ACC) has extended the bond for Food Reserve
> Agency (FRA) executive director Dr Anthony Mwanaumo (right) to March 3.
>
> Dr Mwanaumo was arrested by the Commission on February 11, 2009 for abuse of
> authority of office.
>
> In a statement issued by ACC public relations manager Timothy Moono, Dr
> Mwanaumo was arrested for two counts of abuse of authority of office
> involving over K2.7 billion and was expected to appear in court yesterday
> for plea.
>
> Moono said Dr Mwanaumo's bond was extended after the Director of Public
> Prosecutions called for the docket.
>
> He said Dr Mwanaumo was charged with two counts of abuse of authority of
> office contrary to section 99 (2) of the Penal Code Chapter 87 of the laws
> of Zambia.
>
> Moono said in the first count, It is alleged that between October 1, 2006
> and November, 30, 2006, in Lusaka, Dr Mwanaumo did abuse the authority of
> his office by arbitrary awarding a contract for the supply of 200 tarpaulins
> worth K1,330,000,000 to Gourock Ropes and Canvas Limited in breach of
> set-out procurement procedures, an act which was prejudicial to the interest
> of the government.
>
> He said in the second count, it is alleged that between October 1, 2006 and
> November, 30, 2006, in Lusaka, Dr Mwanaumo did abuse the authority of his
> office by arbitrary awarding a contract for the supply of 50 tarpaulins
> worth K1.4 billion to Nyimba Filling Station in breach of set-out
> procurement procedures, an act prejudicial to the interest of the
> government.
>
> Sources on Tuesday revealed that the ACC had come under pressure from high
> authorities in government over his arrest. Well-placed sources within the
> Commission's investigating team revealed that there was pressure from top
> people in the government for them to drop Dr Mwanaumo's charges, adding that
> it would be difficult for them to proceed with the matter in view of the
> interference in the case.
>
>
>
>
> The numbers are growing
>
>
>
>
>
> Written by Editor
>
>
>
>
> No honest person will fail to see that there is something questionable,
> something wrong with Dora Siliya's conduct over the Zamtel valuation and
> SELEX radar deals. However, it is a well-known fact that corruption,
> dishonesty make even wise people blind to the truth, and prevent them from
> having a fair assessment of issues.
>
> Today, the Zambian media are carrying stories of ten very influential civil
> society organisations petitioning the Chief Justice to constitute a tribunal
> and probe the allegations of abuse of office by Dora. We know that Rupiah
> Banda and George Kunda have defended Dora, claiming what she did was right.
> Rupiah even accused people questioning Dora's decisions and actions of
> talking nonsense. He praised Dora as being smarter than those criticising
> her.
>
> Dora may be smart but that does not exempt her from observing the law. In
> fact, there are many people who can be said to be far much smarter than Dora
> who are in our courts of law today facing corruption and abuse of office
> charges. Who can deny the fact that Stella Chibanda is a very intelligent
> woman - a thousand times more intelligent than Dora? But she is in court
> facing corruption charges.
>
> And who can take away from Faustine Kabwe's unquestionable intellect,
> breadth of experience and seamless ability to deliver. But Faustine is in
> court today for corruption. Richard Sakala, humble though his formal
> education might be, cannot be dismissed as an unintelligent person. Richard
> is a sharp, quick-witted political operator, who is light years away from
> where Dora is today and anybody in Rupiah's State House. But again, Richard
> served a jail sentence for corruption and he is still in court facing more
> charges of corruption.
>
> So what does Dora's smartness, as projected by Rupiah, amount to?
>
> As for George, rather than dealing with the problems that Dora has found
> herself in, he decided to drag The Post into the fray. For George and his
> friends, they think it is enough to attack The Post to get away from their
> sins by claiming The Post is biased against them. The Post is not against
> them, it is not against anyone. The Post is against wrongdoing, it is
> against abuse of public office and resources - The Post is against
> corruption.
>
> George has demonstrated a serious inability to distinguish wrong from right
> or right from wrong. Where there is wrong, George sees right. We will not
> belabour this point much further because we clearly demonstrated George's
> inability to distinguish wrong from right in the way he handled the Kashiwa
> Bulaya corrupt nolle prosequi. Anyway, George needs to say something, even
> if it is totally nonsense, to exercise his clearly weak vocal cords.
>
> It is foolish for somebody doing the wrong thing to blame the person who
> exposes it. The problem has got nothing to do with the expose but has
> everything to do with wrong. It doesn't matter who points out the
> wrongdoing. What matters is the wrongdoing itself. And this is what
> attention should be focused on. The Post did not create this. This is not a
> concoction. It is a matter of fact that is backed by a trail of
> communication, some of it generated by Dora herself.
>
> Ten independent and objective civil society organisations, run by good,
> intelligent and God-fearing people, have not failed to see the point being
> raised in this myriad of communication concerning Dora's deals. And this is
> why they yesterday petitioned the Chief Justice to probe Dora's deals.
>
> Those who want to reduce the current problem to the alleged
> misrepresentation by The Post have a difficult task now. No one has gone to
> the ten civil society organisations to ask them to do what they are doing.
> They are merely doing what they exist for. They are there to champion the
> interests of the people.
>
> And according to their own statement, they represent a huge segment of
> Zambia's population both in the urban and rural areas. They have a duty to
> perform and those who are in government would do well to respect that duty.
>
> The Post is a newspaper with a very specific purpose - to keep the public
> informed about what is going on around them including the world they live
> in. We take this duty very seriously. Regardless of the insinuations and
> attacks, we will continue to strive to inform our people. Our people can
> only participate in shaping the destiny of their country - indeed their own
> destiny - if they are well-informed.
>
> In doing all this, we are being told by Dora and those like her that The
> Post is a danger to this nation. But surely, can Dora truthfully say that
> our country is worse off because The Post exists? And can Dora equally say
> that this country is better off because of what she is doing? Can she say
> that this country would have been better if The Post had not exposed her
> misdeeds?
>
> These are legitimate questions seeking honest answers. We have no interest
> in drawing attention to ourselves. We would in fact - if it were possible -
> aspire for an anonymous place in life.
>
> The ten civil society organisations have reminded us once again that it is
> important for people to rise and be counted when there are serious national
> issues. No one is going to make Zambia a better place for us. It's not
> Barack Obama; it's not Gordon Brown or even Hu Jintao. It's not even Rupiah.
> But it's you and us who will make this country a better place for all of us
> to live in. We all have a common duty to make Zambia a better place for its
> people, not just for a few who are privileged to hold public office or to be
> sons, relatives and friends of those occupying public offices. We have to
> strive to improve our own nation.
>
> If you and us are not eternally vigilant, we will continue to complain about
> living in a backward country, in perpetual poverty until the grave redeems
> us.
>
> We have leaders who have no shame about telling lies on very fundamental
> issues. If some good Zambians did not let us have the SELEX documents, Dora,
> George and Rupiah would get away with telling us that they have done nothing
> wrong.
>
> Look at Dora, with a straight face she appeared before the media and told
> the nation that the radar procurement tender had not been stopped. She went
> on to say that the tender had not yet been awarded as the process was
> ongoing. This is a person who knows that we know that Zambia National Tender
> Board had awarded a tender for the radar equipment to Thales Air Systems.
> Dora knows that she wrote to stop the tender and yet she can stand and say
> she did not do it. This is when we even have the documents and have
> published extracts. We hate to imagine what else is going on. If people can
> lie when all the documents are available, what would happen if they were not
> there? They will continue to lie with straight faces.
>
> Clearly, there is nothing malicious from all those who are calling for a
> tribunal to probe Dora's deals. The reaction to these calls by Rupiah,
> George and Dora seems to mirror what is said in Proverbs 29:9: "When an
> intelligent man brings a lawsuit against a fool, the fool only laughs and
> becomes loud and abusive."
>
> If you are honest, truly honest, you cannot be corrupted and behave in the
> way Rupiah, George and Dora are behaving. If you are unassuming and have a
> clear understanding of the worth of people and of yourself, you won't be
> corrupted and behave the way Rupiah, George and Dora are behaving.
>
> It is very important to realise that leadership is very vital to the future
> of our nation. But in the end, putting aside all the theories and concepts,
> good leadership will be achieved, not by the formality of structures, but by
> the integrity of the participant and by the willingness of the individuals
> to work together and be inspired by a larger vision.
>
> A French proverb says "there is no pillow so soft as a clear conscience".
> And with all these lies they are telling, there is no way Rupiah, George and
> Dora can live with a clear conscience. They are clearly troubled human
> beings. Dishonesty only causes trouble. It is said that "honest people will
> lead a full, happy life. But if you are in a hurry to get rich, you are
> going to be punished" (Proverbs 28:20).
>
> It is better one rather falls with honour than succeeds by fraud. Honest
> towards yourself. Looking into your mirror, anytime all the time will guide
> you.
>
> It is inspiring to see the way our people have positively responded to this
> issue. And we urge them to work with civil society and help stamp out
> corruption in our government's dealings. Everyone has a role to play in
> this.
>
> There is need for each one of us to take a stand. It is said that those who
> stand for nothing fall for anything. Fear will not develop our country. In
> fact, fear is the tool used by those who want to abuse our people, those who
> want to abuse public trust and office. They intimidate and silence everybody
> while they are busy looting. By the time those they have intimidated, those
> they have scared, those they have frozen into fear wake up from their
> slumber, they will have taken everything of value.
>
> The tribunal is coming. This should not be left to William Harrington and
> the ten civil society organisations that have petitioned the Chief Justice.
> All of us should find a way to participate in this, in any way we can and
> know how. Those of us who are prepared to stand for what is right should not
> be intimidated - the numbers are growing. Zambia is our country for all of
> us to enjoy, and not just Rupiah, his sons, friends and relatives.
>
>
>
>
> NCC adopts clause to protect journalists' sources
>
>
>
>
>
> Written by Katwishi Bwalya
>
>
>
>
> THE human rights committee of the National Constitutional Conference (NCC)
> yesterday adopted a clause in the constitution that will protect journalists
> from being compelled to disclose the source of their information.
>
> During the ongoing sittings in Lusaka, members of the committee agreed that
> there was no need to compel journalists to disclose the source of their
> information.
>
> Attempts by some commissioners to have the clause removed from the draft
> constitution were opposed.
>
> Some members of the committee argued that the clause should be removed from
> the draft constitution because it only protected journalists.
>
> But UPND's Joe Kalusa argued that there was need for the clause to be
> maintained in the draft constitution.
>
> "The clause should stay because journalists have a duty to dig out
> information on the issues pertaining to the running of the country. But if
> we remove this clause, it will make the work of journalists very difficult,"
> Kalusa said.
>
> This prompted the chaiperson of the commitee Enock Mulembe to ask members to
> come out clearly on the matter.
>
> The members then unanimously agreed that the clause should be maintained
> despite opposition from some people.
>
> And the committee rejected a proposal by Lusaka lawyer Dr Patrick Matibini
> to reduce the voting age to 16 from 18.
>
> Dr Matibini argued that a right to vote should be given to any person in
> possession of a National Registration Card (NRC).
>
> "Since people get their NRCs at the age of 16, I propose that we reduce the
> voting age to 16 because everyone will be in possession of an NRC," Dr
> Matibini submitted.
>
> But the proposal was opposed by all the members who said it would be
> difficult to allow a 16-year-old to vote since the committee had already
> considered that a person below the age of 16 was a child.
>
> And the committee also adopted a clause that will allow both public and
> private media organisations to be independent and impartial.
>
> The members also adopted a clause that provides for both private and public
> media organisations to provide for reasonable allocation of airtime and
> space to political party parties, either generally or during elections
> campaign.
>
> The members argued that the private media should also be compelled to
> provide fair allocation of space and airtime.
>
> But Nyambe Muyumbana and Mwangala Zaloumis said it was not in order to
> include the private media in the clause
>
>
>
>
> KCM copper worth $103,000 goes missing
>
>
>
>
>
> Written by Mutuna Chanda in Kitwe and Abigail Chaponda in Ndola
>
>
>
>
> COPPER anodes worth US$103,000 belonging to Konkola Copper Mines (KCM) have
> been stolen in transit between Chingola and Kitwe.
>
> Well-placed sources at KCM told The Post that the truck which was carrying
> the copper was found abandoned in Kapiri and that the whereabouts of the
> driver of the vehicle are unknown.
>
> The sources said that the truck laden with copper from Chingola went missing
> close to two weeks ago in Kitwe and that initial efforts to track it had
> failed.
>
> When contacted, Drug Enforcement Commission (DEC) spokesperson John Nyawali
> confirmed the theft.
>
> He also confirmed that the truck was found abandoned near Kapiri Mposhi.
>
> "Copper anodes weighing 29.4 tonnes belonging to KCM was reported missing on
> 8th February and according to KCM, the copper anodes amount to US $103,000,"
> Nyawali said. "The copper was loaded at Nchanga and was destined for Kitwe."
>
> Nyawali said investigations into the matter were underway and that DEC was
> working with KCM in trying to recover the copper anodes.
>
>
>
>
> Cops impound 7 trucks carrying maize to DRC
>
>
>
>
>
> Written by Zumani Katasefa in Kitwe
>
>
>
>
> POLICE in Chingola have impounded seven more trucks carrying maize destined
> for the Democratic Republic of Congo (DRC) without proper documentation.
>
> This brings the number of trucks impounded between Tuesday and Wednesday to
> 23.
>
> In an interview yesterday, Chingola District commissioner Tobby Maliti said
> the trucks had no proper documentation permitting the transportation of
> maize.
>
> He said this prompted security agents to impound the trucks with Tanzanian
> number plates.
>
> "The number of trucks that have been impounded have increased from 16 to 23,
> this is a scam and investigations are under way," he said. "This is a scam
> by various local companies. This is not done by one company, they are taking
> maize to a neighbouring country."
>
> Maliti said the owners of the trucks were claiming that they were importing
> maize from Tanzania into Zambia, but he wondered why the same was being
> exported into the DRC.
>
> He said the truck drivers had no certificates from Mount Makulu Research
> Centre to show that the seeds were tested and disease free.
>
> "That is the danger, the maize could have diseases like large grain borer,
> that is the trouble. There are no signs that these trucks came from Tanzania
> and passed through the border. They have no complete documentation, no GRZ
> receipts and no transit certificates; this is why we are saying it is
> Zambian maize. As a country we need to safeguard against such, we need to be
> proactive," he said.
>
> Maliti said some trucks were carrying about 250 by 50 kilogrammes bags of
> white maize.
>
> He said the truckers only had papers from Zambia Revenue Authority (ZRA).
>
> "If they were importing maize from Tanzania to DRC, they were just supposed
> to have transit certificates, but they never had such, so that is why we are
> saying it is a scam," he said.
>
> Maliti said the trucks were currently parked opposite Chingola Central
> Police Station.
>
>
>
>
> ZNFU blames imports for poor wheat market
>
>
>
>
>
> Written by Fridah Zinyamain Lusaka and Charles Mangwato in Choma
>
>
>
>
> THE Zambia National Farmers Union (ZNFU) yesterday said the government's
> decision to allow wheat imports last year has led to commercial farmers
> being stuck with 80,000 metric tonnes of the commodity.
>
> And local grain traders are seeking export markets for their 90,000 metric
> tonnes of non-genetically modified maize.
>
> In an interview, ZNFU president Jervis Zimba said the government allowed
> imports into the country last year in September just when farmers had
> started offloading their produce on the local market.
>
> "It has never happened before that government allows wheat imports into the
> country just when farmers are about to start their crop marketing season,"
> he said.
>
> Zimba said the government's decision therefore led to millers purchasing
> foreign wheat at the expense of the local crop.
>
> "Farmers last year produced about 190, 000 metric tonnes of wheat of which
> 80,000 metric tonnes is stuck with farmers in Mkushi because of lack of
> market here in Zambia," he said.
>
> Zimba said the government had in the past only allowed wheat imports when
> there was a shortfall.
>
> "Government's decision to continue allowing imports of wheat into the
> country will destroy the whole industry which has been striving to produce
> enough wheat to feed the whole country throughout the year without any
> imports," Zimba said.
>
> And local grain traders are considering exporting the 90,000 metric tonnes
> of maize they are holding because millers have refused to buy their stock.
>
> "The local market has about 100,000 metric tonnes of maize which is being
> held by grain traders (90,000 metric tonnes) and farmers (10,000)," Zimba
> said.
>
> He explained that there was need for the government to quickly resolve the
> issues surrounding the maize industry before the situation got out of hand.
>
> Many stakeholders have questioned why the government had gone ahead to
> import maize into the country when the local market is believed to have
> enough maize to last until the next crop marketing season.
>
> Zimba further added that farmers would in the next one month release about
> 100,000 metric tonnes of the early maturing maize on the market, therefore
> increasing the local stocks with the Food Reserve Agency to about 200,000
> metric tonnes.
>
> "Something should be urgently done to resolve problems in the maize sector,
> as it is the country's staple food," said Zimba.
>
> And management at Choma Milling Company has said the production of
> mealie-meal is still heavily dependent on amounts of maize being supplied by
> the Food Reserve Agency (FRA).
>
> Company managing director John Mackatos yesterday said the milling plant was
> only able to produce quantities of mealie-meal according to the maize stocks
> supplied by FRA.
>
> He was responding to complaints by Choma residents over the shortage of
> mealie-meal that has hit the town, barely few days after the milling plant
> resumed production.
>
> Mackatos explained that the current shortage of mealie-meal was because
> there was no production over the weekend as the consignment of maize
> received from FRA last week had been exhausted.
>
> He said FRA had however dispatched an additional consignment of maize and
> that production was expected to resume last night.
>
> Mackatos however emphasised that production of mealie-meal would still be
> entirely dependent on maize supplies from FRA.
>
>
>
>
> Farmers in chief Hamusonde's area lose over K12m under FSP
>
>
>
>
>
> Written by George Zulu in Monze
>
>
>
>
> OVER K12 million has been lost by some farmers in chief Hamusonde's area due
> to failure to access inputs under the Fertiliser Support Programme (FSP) for
> the 2008/2009 farming season.
>
> And Bweengwa member of parliament Highvie Hamududu has described the
> 2008/2009 Fertiliser Support Programme (FSP) as scandalous and a fraud to
> Zambia's agriculture sector.
>
> Addressing stakeholders during the Monze district Chiefs Affairs
> consultative meeting on Tuesday, Senior chief Hamusonde of the Tonga people
> of Bweengwa said his subjects had, during the 2008/2009 farming season, lost
> out on FSP inputs after paying over K12 million to access the commodity.
>
> "It is saddening that my subjects belonging to Namalundu cooperatives in
> Bweengwa constituency have lost out over K12 million paid to access the FSP,
> the inputs were issued to unscrupulous cooperatives unknown. This is a
> serious matter and I have to warn the district agriculture coordinator and
> his officers that Iam only giving them up to the third week of March to make
> available the inputs or refund poor peasant farmers," said chief Hamusonde.
>
> And Hamududu said the FSP exercise throughout the country had been conducted
> in a shameful and disgraceful manner by government officials.
>
> "The MMD government has allowed civil servants to steal from poor farmers,
> it is not only Namalundu cooperative that has lost out over K12 million,
> small- scale farmers in Hamangaba, Nteme and other areas in the district
> have been swindled by government officials," claimed Hamududu.
>
> And Zambia National Farmers Union (ZNFU) district chairperson Simon Malambo
> said that the 2008/2009 FSP had failed peasant farmers, adding that the
> process was short of transparency and accountability on the part of
> government officials.
>
> And when contacted for a comment, district agriculture coordinator Justine
> Ngosa said the matter had already been reported to the police and that
> action would be taken against those implicated in the scam.
>
> Both Monze police officer-in-charge Njimba Ilyamupu and district officer
> command Paul Muyongo could not be reached for a comment by press time as
> they were reportedly out of office.
>
>
>
>
> Britain pledges continued support to corruption fight
>
>
>
>
>
> Written by Katwishi Bwalya
>
>
>
>
> BRITISH High Commissioner Thomas Carter has pledged his country's continued
> support to Zambia's fight against corruption.
>
> In an interview after a tour of Kabulonga Boys High School in Lusaka on
> Tuesday with visiting British members of parliament, High Commissioner
> Carter said his government had taken a strong stance against corruption in
> Zambia.
>
> "This is why you are seeing that the British government is funding the
> Anti-Corruption Commission (ACC) and the Task Force on Corruption," High
> Commissioner Carter said. "That is why we will continue to prioritise the
> fight against corruption"
>
> He further noted the need for measures that would reduce incidences of
> corruption in the country.
>
> "There is need to put up measures that will lead to less corruption in the
> country because recording successes in the fight against corruption through
> convictions is just part of the story, but we need to ensure that there are
> measures implemented that lead to less corruption, because prevention is
> important," said High Commissioner Carter.
>
>
>
>
> Kwacha in free fall
>
>
>
>
>
> Written by Joan Chirwa
>
>
>
>
> THE kwacha on Wednesday broke yet another psychological level of K5,700
> against the US dollar, depreciating by 16 per cent since the beginning of
> the year.
>
> And financial markets expert Miles Sampa has described the kwacha's K5,700
> trading level against the US dollar as exaggerated since it is not supported
> by a real surge in foreign exchange demand in relation to last year's
> recurring demand like oil payments.
>
> The local currency has lost its value by about 16 per cent from January's
> trading levels of around K4,900 per US dollar to the current level of
> K5,700, making it the highest depreciation level the kwacha has reached in
> years.
>
> The current situation has put further strain on most businesses in the
> country as they largely depend on imported raw materials to operate.
>
> "The kwacha has lost 10 per cent since February. The depreciated levels are
> quite exaggerated and the reason being that the cause is all about sentiment
> and speculation on where the kwacha will reach," Sampa explained. "When it
> was announced that we will import maize, there was a general feeling of high
> demand for US dollar. The levels of the kwacha are therefore exaggerated
> because they not supported by real demand, they are not supported by real
> trade transaction. We are likely to see the kwacha correcting to around
> K5,000 in the short term."
>
> Sampa said there is no trade to support the current trading levels of the
> kwacha against the US dollar.
>
> "The local currency will be recollecting slowly in the coming days," Sampa
> said. "Reasons for the K5,700 level is due to, among other reasons, the
> resurfacing of maize importation, slight reduction in foreign exchange
> converted by the mines to meet local kwacha payments and the US dollar
> pegging of prices by some retailers. These have led to market sentiments
> against the kwacha and consequently rendering it bearish.
>
> "However, despite new external transfers not having actualized yet, there is
> general market anticipation of new demand that will arise from the latest
> maize importations once payments are due."
>
> Sampa however said the kwacha was unlikely to reach levels of below K4,000
> per US dollar in the short term considering that copper prices on the
> international market were still way below last year's peak.
>
> "Levels of below K4, 000 will depend on other external factors. The time the
> kwacha was below K4,000, copper prices were at peak. In the shortest
> period, we might not go below K4,000 per US dollar," said Sampa.
>
>
>
>
> Dell signs deal with local firm
>
>
>
>
>
> Written by Nchima Nchito Jr
>
>
>
>
> DELL International has partnered with a local information technology
> company, NETONE IT, to provide after-sale and support services.
>
> Speaking at the launch of the partnership on Tuesday, Dell Southern Africa
> regional manager Rupert Brazier said his company was happy to partner with a
> local company in providing a quality services.
>
> "We are looking at investing even more into the Zambian market and also the
> whole region," said Brazier. "The Zambian market should expect even more
> products from the partnership between Dell and NETONE IT."
>
> And NETONE IT managing director Bejoy Nettikadan said his company's
> partnership with Dell International was a great achievement since its
> establishment in 2006.
>
> "Our partnership with Dell is a great achievement for the company and marks
> a milestone in our growth plan," said Nettikadan.
>
> And Dell Eastern and Southern Africa senior consultant Mesfin Mokonneh said
> NETONE IT had the full support of Dell for all the products it sold as a
> result of the current partnership with Dell.
>
> "In this partnership, the manufacturer is right behind the seller in all
> products sold. This means the transaction does not just end with the
> purchase of a computer, but NETONE will be able to provide a full after
> sales service and all trouble shooting problems with the full backing of
> Dell," he said.
>
> Mokoneeh added that the partnership would also enable Zambian customers
> enjoy the same service as that being offered in places where Dell was
> operating.
>
> "What will be provided is an international standard of service. The same
> service that you would get when you purchase a computer in Europe or the US
> will be the same service that we will be providing to the Zambian Market,"
> said Mokoneeh.
>
> And science and technology minister Peter Daka said Zambia urgently needed
> technology transfer.
>
> Daka called for the establishment of computer assembly plants in Zambia to
> provide employment and make the country a hub of computer
> technology.
>
>
>
>
> Ex-Cabinet Office accountants plead not guilty to theft charges
>
>
>
>
>
> Written by Abigail Chaponda in Ndola
>
>
>
>
> SIX accountants who were last year dismissed from Cabinet Office in Ndola
> for suspected theft of public funds yesterday pleaded not guilty to an
> additional 99 counts of theft by public servant and money laundering.
>
> Before magistrate Ikechukwu Iduma was Innocent Hatombwe, 39 of six Mbala
> Road, John Musonda, 50 of 4745G Tanzanian Road, Peter Mwape, 31 of 121
> Petauke Crescent, Kennedy Mwale, 44 of 3970 Mwata Kazembe Road, Loveness
> Changala, 40, of 7863 Hillcrest and Pricilla Mkandwire, 40, of 3070 Kwazi
> road, who were charged with theft by public servant contrary to section 272
> and 277 of the Penal Code chapter 87 of the Laws of Zambia.
>
> The six have been charged with 94 counts of theft by public servant and five
> counts of money laundering involving billions of kwacha.
>
> Magistrate Iduma read out all the 99 counts to the accused and when asked
> how they pleaded, they denied the charges.
>
> It is alleged that between January 1, 2007 and January 14, 2009, the six
> accountants at Cabinet Office in Ndola did steal money, property of the
> government of the Republic of Zambia and used it for themselves.
>
> The matter was adjourned to March 2, 2009 for mention and commencement of
> trial was set for April 8, 9 and 10, 2009.
>
> On Monday, five of the accountants pleaded not guilty to 115 counts of theft
> by public servant and money laundering.
>
> The five, Hatombwe, Musonda, Mwape, Liwena and Susan Ncube, appeared before
> Ndola chief resident magistrate Kelvin Limbani for plea.
>
> The five accountants were charged with 110 counts of theft by public servant
> and five counts of money laundering involving billions of kwacha.
>
> Magistrate Limbani read out all the 115 counts to the accused to which they
> all pleaded not guilty.
>
> According to the indictments, between January 1, 2007 and January 14, 2009,
> the five accountants did steal money belonging to the government and used it
> to buy themselves cars and houses.
>
> Hatombwe allegedly did steal K1 billion and bought himself a car while John
> Musonda allegedly stole K1 billion and bought himself a car; Liwena K1
> billion and acquired himself a car and Ncube allegedly stole K1 billion from
> which she built a house.
>
> The matter comes up for mention on March 2, 2009 and commencement of trail
> was set for April 2 and 3, 2009.
>
>
>
>
> Kunda on Dora's scams
>
>
>
>
>
> Written by Not so smart citizen
>
>
>
>
> George Kunda should be very careful and not let Government House and his
> dual portfolios go to his head. Yes, we may be lay people, but we are not
> foolish.
>
> I would like to be clear in what capacity George Kunda was issuing his
> statement. What has Dora done to these old men that they stop thinking
> straight?
>
> Kunda tells us that the procurement process for consultancy services is
> regulated by the public procurement Act No. 12 of 2008. He quoted Section 2
> which he said defines limited selection as a procurement method for
> consultancy services where bids are obtained by direct invitation to a
> shortlist of bidders without open advertising.
>
> * My lay understanding of these provisions makes me even more
> confused when listening to the Veep. It is fact that the Ministry of
> Communications did not invite RP capital. The very definition of limited
> selection refers to i) direct invitation ii) shortlist of bidders (notice
> the plural usage meaning more than one).
>
> * RP Capital offered services to Dora and were not solicited, so
> where does the single sourcing come in?
>
> Kunda also referred to Section 30 which provides that limited selection may
> be used where a) the consulting services are are only available from a
> limited number of suppliers; or b) there is an urgent need for the
> consulting services and engaging in open selection would therefore be
> impractical.
>
> * Dora and Kunda have not shown that RP Capital are the only ones
> on this blue planet who can do this work.
>
> * One ought to question how the US $2 million fee or indeed the 5
> per cent was deemed fair. What was the comparison? There are hundreds of
> firms out there that can do a company valuation. Where local skills are
> lacking local firms would engage foreign experts. Where is empowerment and
> JVs in this regard?
>
> * Kunda and Dora have lamentably failed to show us how engaging in
> open selection would be impractical in the case of Zamtel.
>
> Kunda needs to understand that when Rupiah is out of the country and is the
> acting president, his actions may be over-ruled by Rupiah on his return. It
> is therefore shocking for a Minister of Justice and Vice-President to say
> that the Attorney General (AG)'s letter is neither here nor there and out of
> the letters from his Chambers just cling to the one from the Solicitor
> General as the authority. Kunda's learnedness is brought into question when
> he selectively states that they will consider the AG's January letter at
> Cabinet level. We know that Cabinet meetings are secret and there is an
> attempt here to hide from the truth even when AG refers to the Solicitor
> General's letter in his advice, which advice contrary to Kunda is not
> routine but mandatory!
>
> These people t think we the lay citizens are very dull. How else would the
> number two in the land say the only payable fee is $50,000. As Phe Post
> rightfully outline, this is the value of the reimbursable and if they exceed
> this mark the amount has to be agreed by both parties. It is clear that the
> minimum payable to RP Capital is $2million which is above the ministry
> threshold of K7billion.
>
> Why does Kunda see it fit to issue a statement in addition to the poor
> Ministerial Statement issued in Parliament? Why isn't Dora reporting to the
> ACC those individuals and firms who offered her money? Is this
> administration committed to fighting corruption? In almost all government
> buildings there is a poster on reporting corruption. Why isn't Dora leading
> by example?
>
> Even MMD loud mouths like Teta are all quiet on this saga. Simple reason is
> that it utterly stinks!
>
>
>
>
> `It's unnecessary to project mining expected revenue'
>
>
>
>
>
> Written by Chiwoyu Sinyangwe
>
>
>
>
> ZAMBIA Revenue Authority (ZRA) Commissioner General
>
> Chriticles Mwansa has said it is unnecessary to give a projection of the
> expected revenue from the mines this year after an alteration to the 2008
> mining fiscal regime.
>
> In an interview, Mwansa said the projected US $415 million that the
> government expected to earn from the mining sector last year was used for
> evaluating the performance of the new taxes introduced.
>
> Mwansa said this in the wake of some concerns that the government should
> make public the projected revenue earnings from the mining sector this year
> which was expected to decline on account of changes to the 2008 mining
> fiscal regime which has seen the windfall tax completely scrapped off and
> replaced with a variable profit tax.
>
> He explained that revenues from the mining sector would be treated just like
> any other taxes.
>
> Mwansa however said ZRA would continue to make public revenues that would
> come directly from the country's largest foreign exchange earner.
>
> "In the current setup, it is not necessary because we have now reverted to
> the normal regime...the projections were made last year because we wanted to
> know how much would be collected and that is we put it aside," Mwansa
> explained. "But as we collect the taxes, we will be able to isolate that
> this is tax from mines. For example mineral royalty is specific to them
> (mining companies)."
>
> Mwansa said any other `normal' taxes attributed to the mining sector would
> be profiled together with other taxes such as the company tax, Pay As You
> Earn (PAYE) and the Value Added Tax (VAT).
>
> But an economic expert who declined to be named said there was need for the
> government to clearly state the expected revenues from the mining sector
> this year, considering the significant drop in copper prices on the
> international market.
>
> "I think the main taxes from the mining companies come from the royalties,
> corporate tax and income tax but I am sure they should be able to give a
> projection of the expected revenue from the mining sector," the expert said.
> "I don't why they (government) shouldn't...I am sure they should give that
> number and I am sure they must have the number and I am sure it must come
> out in parliament as they debate the budget."
>
> The expert also said it would be difficult for the government to fully
> appreciate the challenges facing the mining sector in the absence of the
> expected revenues from the mines.
>
> "This is why the Extractive Industries Transparency Initiative (EITI) is
> very important so that every one gets much better information of what is
> really going on but I think there is a reasonable chance that they (mines)
> can avoid further redundancy but at the same time, they will recover,"
> explained the expert.
>
>
>
>
> Tana a doubt for CHAN tourney
>
>
>
>
>
> Written by Sandra Mulowa
>
>
> CHIPOLOPOLO defence pillar Elijah Tana yesterday cast doubts about his
> availability for the inaugural African Nations Championship (CHAN)
> tournament kicking off on Sunday in Abidjan.
>
> And Chipolopolo coach Herve Renard has lost hope that Tana and Emmanuel
> Mbola will be part of the travelling party to the tournament.
>
> Tana said in a interview from Namibia yesterday that he was still waiting
> for his passport before he could travel back home.
>
> "Things are fine here. I was supposed to start off today but my passport is
> at the embassy. I may use Angola so they have to put visa. I can start off
> tomorrow [today] morning," he said.
>
> "I will tell FAZ so that we meet in South Africa, so that I can join them."
>
> Tana said he was always willing to play for Chipolopolo.
>
> "I'm willing to play, that's our country. I started football a long time
> ago," he said.
>
> Tana said he was fit for the tournament as he had continued training.
>
> He said he was surprised that his ticket had been changed.
>
> "These people are complicated. I started off [from Zambia] as an emergency
> but they changed the ticket here. I should have come last week instead," he
> said.
>
> Tana said he had been training with another Angolan team instead of Petro
> Atletico.
>
> "I am with a new club, Reacqivo- Paala. I have not finished arrangements,
> the contract is not signed, and they are scared that if I sign then I can't
> play. But everything is in the process just waiting for the International
> Transfer Certificate," he said.
>
> Meanwhile, Renard said after a morning training session at Barclays Sports
> Complex that he was ready to travel with 21 players if Tana and Mbola did
> not show up latest this morning.
>
> Chipolopolo is expected to leave today.
>
> "Tana comes today [yesterday], Mbola to come maybe the other day. We will go
> with 21 players if they don't come. I think 21 players is ok," he said.
>
> "We shouldn't be worried, if one thing fails, we find a solution and go
> forward."
>
> Renard said he would have to be comfortable with the available players.
>
> "You will have to be confident in your players," the Frenchman said.
>
> He said it may not be easy but the team would have to be stronger in the
> opening match against hosts Cote d'Ivoire on Sunday.
>
> Renard said usually, hosting countries had very high expectations.
>
> "It will be a tough game. It's a good challenge. In real football, you have
> to be strong even away. It's not easy because of the tough group," he said.
>
> "It maybe a good surprise if we are to finish first."
>
> Renard said it was important to concentrate on the team's defence.
>
> Zambia is in Group A of the inaugural CHAN tournament, exclusively for home
> league players, alongside Cote d'Ivoire, Senegal and Tanzania.
>
>
>
> .
>
> <http://geo.yahoo.com/serv?s=97359714/grpId=7635404/grpspId=1706093566/msgId=32008/stime=1235026650/nc1=3848641/nc2=3848583/nc3=5349272>
>
> __,_._,___
>
>
>
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