Twenty Ministry of Health employees connected with the financial scam involving over K10 billion have been suspended as a joint team of security officers from Zambia Police, Anti-Corruption Commission (ACC) and Drug Enforcement Commission (DEC) May 27 forcefully removed some of the officers from their offices.
Commissioner of Police Graphael Musamba confirmed May 27 that law enforcement officers were overseeing suspension letters served on over 20 Ministry of Health employees suspected to be involved in the theft of K10 billion. At a briefing in Lusaka Musamba said the suspensions are to facilitate investigations into the alleged embezzlement of funds. He said the suspended officials will be required to assist with investigations.
And asked when arrests will be effected, Musamba said he cannot give a time frame because investigations are still going on and the officers are getting more evidence.
He said the charges likely to be slapped on the suspects range from obtaining money by false pretences to abuse of public office adding that warn and caution statements will soon be recorded from the suspects.
Earlier Police sealed off the Ministry of Health premises following President Banda’s directive that all civil servants or their agents mentioned in the K10 billion theft, should not be allowed to enter the premises. At 08:00 hours several police officers and officers from the Office of the President Special Division were screening workers and visitors before allowing them to enter the premises.
And Anti-Corruption Commission Acting Director General Rosewin Wandi said the Commission was also compiling a list of officers alleged to be involved in the K10 billion scam. She said the list will be handed over to Secretary to the Cabinet Joshua Kanganja during the course of this week.
Thursday, May 28, 2009
Wednesday, May 27, 2009
Dora's new day in court set
LUSAKA High Court Judge Philip Musonda set June 15, 2009 as day for judgement in a case involving former Minister of Communications and Transport Dora Siliya's application for judicial review over the findings of the Dennis Chirwa tribunal.
Mr Justice Musonda on May 26 said he would pass judgement exactly 14 days after filing of submissions by both the applicant and the respondents.
“To be generous and democratic, I will give you two more days to file submissions. In judicial review, they rely on affidavit evidence unless there are compelling reasons to have a hearing, and there were none,” Mr Justice Musonda said.
Earlier, Ms Siliya’s lawyer Eric Silwamba informed the court that Lusaka lawyer Wynter Kabimba and other lawyers, who represented former Minister of Communications and Transport William Harrington, wanted to join the matter and be heard. Harrington and a consortium of 10 civil society organisations were complainants in the matter.
And lawyer representing Attorney General Mumba Malila, Professor Patrick Mvunga, said Mr Kabimba had also approached him on the same matter. Prof Mvunga said audience of the court is available to both lawyers but he was constrained to say much on Mr Kabimba’s desire to be heard.
And Mr Justice Musonda told Mr Kabimba that he should have come early to court because the issue of an interlocutory application can be heard and the matter proceed.
“You can’t join the matter and dictate proceedings,” the judge said.
Mr Silwamba then proposed to file his heads of arguments May 26 and advised Mr Kabimba to file his heads of arguments and application to join the matter. Silwamba said he will also address the question whether Mr Kabimba and other lawyers are proper persons to be heard in the matter.
In a notice filed in the High Court registry May 26, lawyers, Eric Silwamba and Company state that the decision to find Ms Siliya in breach of the Constitution was in excess of the tribunal’s jurisdiction.
Ms Siliya, who is Petauke member of Parliament (MP), was found to have breached Article 54(3) of the Constitution for ignoring advice of the Attorney General when she awarded a contract to RP Capital Partners to value Zamtel assets. Mr Silwamba said his client was seeking an order to quash and expunge from the tribunal report, the portion of the decision that purported to decide and make recommendations pursuant to provisions of section 14 (8) of the Parliamentary and Ministerial Code of Conduct.
The lawyers said the tribunal is said to have purported to adjudicate on Constitutional matters and pronounce itself on provisions of the Constitution, which was the preserve of the High Court of Zambia.
And that, even if it possessed the requisite jurisdiction, it still erred in law when it misconstrued the interpretation of the provisions of the Constitution of Zambia in relation to advice of the Attorney General.
Further that, the finding of the tribunal that Ms Siliya was liable for a malfeasance allegedly committed by the Ministry of Communications and Transport, which was the client of the Attorney General’s Chambers, was unreasonable. The tribunal’s decision demonstrated procedural impropriety in that Ms Siliya was purported to have breached the Constitution without according her procedural fairness of being heard as dictated by the rules of natural justice.
The purported breach of the Constitution of Zambia was not a cognate or minor allegation. Other relief sought was an order for costs and all necessary and consequential directions of the court.
Mr Justice Musonda on May 26 said he would pass judgement exactly 14 days after filing of submissions by both the applicant and the respondents.
“To be generous and democratic, I will give you two more days to file submissions. In judicial review, they rely on affidavit evidence unless there are compelling reasons to have a hearing, and there were none,” Mr Justice Musonda said.
Earlier, Ms Siliya’s lawyer Eric Silwamba informed the court that Lusaka lawyer Wynter Kabimba and other lawyers, who represented former Minister of Communications and Transport William Harrington, wanted to join the matter and be heard. Harrington and a consortium of 10 civil society organisations were complainants in the matter.
And lawyer representing Attorney General Mumba Malila, Professor Patrick Mvunga, said Mr Kabimba had also approached him on the same matter. Prof Mvunga said audience of the court is available to both lawyers but he was constrained to say much on Mr Kabimba’s desire to be heard.
And Mr Justice Musonda told Mr Kabimba that he should have come early to court because the issue of an interlocutory application can be heard and the matter proceed.
“You can’t join the matter and dictate proceedings,” the judge said.
Mr Silwamba then proposed to file his heads of arguments May 26 and advised Mr Kabimba to file his heads of arguments and application to join the matter. Silwamba said he will also address the question whether Mr Kabimba and other lawyers are proper persons to be heard in the matter.
In a notice filed in the High Court registry May 26, lawyers, Eric Silwamba and Company state that the decision to find Ms Siliya in breach of the Constitution was in excess of the tribunal’s jurisdiction.
Ms Siliya, who is Petauke member of Parliament (MP), was found to have breached Article 54(3) of the Constitution for ignoring advice of the Attorney General when she awarded a contract to RP Capital Partners to value Zamtel assets. Mr Silwamba said his client was seeking an order to quash and expunge from the tribunal report, the portion of the decision that purported to decide and make recommendations pursuant to provisions of section 14 (8) of the Parliamentary and Ministerial Code of Conduct.
The lawyers said the tribunal is said to have purported to adjudicate on Constitutional matters and pronounce itself on provisions of the Constitution, which was the preserve of the High Court of Zambia.
And that, even if it possessed the requisite jurisdiction, it still erred in law when it misconstrued the interpretation of the provisions of the Constitution of Zambia in relation to advice of the Attorney General.
Further that, the finding of the tribunal that Ms Siliya was liable for a malfeasance allegedly committed by the Ministry of Communications and Transport, which was the client of the Attorney General’s Chambers, was unreasonable. The tribunal’s decision demonstrated procedural impropriety in that Ms Siliya was purported to have breached the Constitution without according her procedural fairness of being heard as dictated by the rules of natural justice.
The purported breach of the Constitution of Zambia was not a cognate or minor allegation. Other relief sought was an order for costs and all necessary and consequential directions of the court.
RB acts on corruption at health ministry
President Rupiah Banda on May 26 received an Interim Report on the alleged financial scam at the Ministry of Health where billions of funds have been allegedly misapplied or stolen by civil servants.
President Banda has banned all civil servants or their agents linked to the scam and and are currently under investigations from entering the Ministry of Health premises until further notice. This decision is aimed at protecting and securing evidence as well as to prevent any interference with the ongoing investigations. Banda has also ordered law enforcement agencies to arrest and charge all the people involved without delay where sufficient evidence has been established
Further the president has directed Minister of Finance and National Planning Situmbeko Musokotwane and Secretary to the Treasury Ndalamei Likolo to immediately provide additional funds to the Office of the Auditor-General and the Anti-Corruption Commission to expedite investigations at the Ministry of Health.
The President also held a closed-door meeting with various aid donors and cooperative partners on the morning of May 26 to brief them on the findings of the ongoing investigations and the decisions taken so far. Banda urged the donor community to take keen interest in the ongoing investigations and asked those willing to provide technical assistance to the Office of the Auditor-General to do so.
President Banda has banned all civil servants or their agents linked to the scam and and are currently under investigations from entering the Ministry of Health premises until further notice. This decision is aimed at protecting and securing evidence as well as to prevent any interference with the ongoing investigations. Banda has also ordered law enforcement agencies to arrest and charge all the people involved without delay where sufficient evidence has been established
Further the president has directed Minister of Finance and National Planning Situmbeko Musokotwane and Secretary to the Treasury Ndalamei Likolo to immediately provide additional funds to the Office of the Auditor-General and the Anti-Corruption Commission to expedite investigations at the Ministry of Health.
The President also held a closed-door meeting with various aid donors and cooperative partners on the morning of May 26 to brief them on the findings of the ongoing investigations and the decisions taken so far. Banda urged the donor community to take keen interest in the ongoing investigations and asked those willing to provide technical assistance to the Office of the Auditor-General to do so.
Tuesday, May 26, 2009
Kaunda, Grey Zulu support RB for 2011
First Republican president Kenneth Kaunda and former UNIP Secretary General Grey Zulu have backed calls by some provinces to have Banda adopted as MMD presidential candidate for the 2011 presidential elections. Dr Kaunda said there is nothing wrong with people endorsing Banda as the MMD Presidential candidate.
“What is wrong with people calling for the adoption of Rupiah Banda as a Presidential candidate for 2011?” Dr Kaunda asked.
Zulu, a veteran politician, said it is good that people have identified Banda as an ideal presidential candidate for the 2011 general elections. He said people are free to express their views on suggestions to adopt Mr Banda as a presidential candidate.
“Those who want President Banda to be adopted as a presidential candidate for 2011 are doing the right thing but others are free to make suggestions as to who should be adopted,’’ Zulu said.
Zulu appealed to Zambians to be careful when choosing leaders, saying the stability of a nation depends on the type of leader it has. He said if people choose bad leaders, they create problems for the nation.
And Isoka East member of Parliament Catherine Namugala said Banda was the right presidential candidate for the MMD because he managed the transition well from the time President Mwanawasa died to the time he was elected into office. Namugala, who is an MMD national executive committee member, said Banda has been a father to Zambians and has worked hard to unite the nation.
“After he was elected as Republican President, he retained almost everyone who was appointed by President Mwanawasa in Government. He is the kind of leader the party requires…one who works to unite everyone,” Namugala said.
She said Banda has not solicited for people to request that he be adopted as presidential candidate for 2011 elections. Namugala said MMD members are the ones requesting that Banda be adopted because they have seen his leadership qualities.
“The fact that the President does not respond to every attack means he is strong and people should learn to respect him,” Namugala said.
And political analyst, Dante Saunders said those who are in support of Banda should be respected but that it should not deter those interested in leading the MMD to express themselves. He said if the election process is conducted in a free and fair atmosphere, no one will complain.
“What is wrong with people calling for the adoption of Rupiah Banda as a Presidential candidate for 2011?” Dr Kaunda asked.
Zulu, a veteran politician, said it is good that people have identified Banda as an ideal presidential candidate for the 2011 general elections. He said people are free to express their views on suggestions to adopt Mr Banda as a presidential candidate.
“Those who want President Banda to be adopted as a presidential candidate for 2011 are doing the right thing but others are free to make suggestions as to who should be adopted,’’ Zulu said.
Zulu appealed to Zambians to be careful when choosing leaders, saying the stability of a nation depends on the type of leader it has. He said if people choose bad leaders, they create problems for the nation.
And Isoka East member of Parliament Catherine Namugala said Banda was the right presidential candidate for the MMD because he managed the transition well from the time President Mwanawasa died to the time he was elected into office. Namugala, who is an MMD national executive committee member, said Banda has been a father to Zambians and has worked hard to unite the nation.
“After he was elected as Republican President, he retained almost everyone who was appointed by President Mwanawasa in Government. He is the kind of leader the party requires…one who works to unite everyone,” Namugala said.
She said Banda has not solicited for people to request that he be adopted as presidential candidate for 2011 elections. Namugala said MMD members are the ones requesting that Banda be adopted because they have seen his leadership qualities.
“The fact that the President does not respond to every attack means he is strong and people should learn to respect him,” Namugala said.
And political analyst, Dante Saunders said those who are in support of Banda should be respected but that it should not deter those interested in leading the MMD to express themselves. He said if the election process is conducted in a free and fair atmosphere, no one will complain.
PF cadres fight in Ndola
As the patriotic Front in Lusaka shores up its support through public rallies a division has appeared in Ndola on the Copperbelt. It appears Patriotic Front (PF) cadres in Ndola May 25 fought when provincial and district officials disrupted a youth meeting organised to launch a movement to prepare for the 2011 presidential and parliamentary elections.
The youths, led by Mutale Chileshe, organised a meeting at Mpezeni Hall in Chifubu Township to launch the ‘Youths Unite-2011 a Must’ movement to kick-start the 2011 campaign. However, provincial and district leaders disrupted the gathering, arguing that the organisers had no authority from the party leadership.
Police were called in to quell the violence, while a group of cadres accused the members of the movement of being sponsored by enemies of the party. PF Ndola chairperson Rebby Chanda in the company of provincial and other district leaders, rushed to Chifubu Police Station and requested police to disperse members of the movement maintaining that the group had no blessings from the party.
Chanda and other leaders then drove to Mpezeni Hall and announced that the meeting had been cancelled. This angered organisers of the meeting who clashed with other cadres as police and party leaders struggled to separate the incensed cadres. Chanda said there were people who wanted to destabilise the party and accused the movement of being sponsored.
PF Copperbelt youth chairperson Menyani Zulu summoned the organisers to the provincial office. Some PF members said the group was sponsored to campaign against PF president Michael Sata and propose another leader to stand as presidential candidate in 2011.
But Mr Chileshe said he would only respond to the allegations after meeting the provincial party leadership. The movement members complained that the PF leadership was rigid and that the situation should change if the party wanted to win the next elections. The fight only ended after Mr Chanda and other leaders with the help of the police managed to take one group away. No arrests were made.
The youths, led by Mutale Chileshe, organised a meeting at Mpezeni Hall in Chifubu Township to launch the ‘Youths Unite-2011 a Must’ movement to kick-start the 2011 campaign. However, provincial and district leaders disrupted the gathering, arguing that the organisers had no authority from the party leadership.
Police were called in to quell the violence, while a group of cadres accused the members of the movement of being sponsored by enemies of the party. PF Ndola chairperson Rebby Chanda in the company of provincial and other district leaders, rushed to Chifubu Police Station and requested police to disperse members of the movement maintaining that the group had no blessings from the party.
Chanda and other leaders then drove to Mpezeni Hall and announced that the meeting had been cancelled. This angered organisers of the meeting who clashed with other cadres as police and party leaders struggled to separate the incensed cadres. Chanda said there were people who wanted to destabilise the party and accused the movement of being sponsored.
PF Copperbelt youth chairperson Menyani Zulu summoned the organisers to the provincial office. Some PF members said the group was sponsored to campaign against PF president Michael Sata and propose another leader to stand as presidential candidate in 2011.
But Mr Chileshe said he would only respond to the allegations after meeting the provincial party leadership. The movement members complained that the PF leadership was rigid and that the situation should change if the party wanted to win the next elections. The fight only ended after Mr Chanda and other leaders with the help of the police managed to take one group away. No arrests were made.
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