Tuesday, June 16, 2009
High Court clears former communications minister
Former transport and communication minister Dora Siliya has been cleared by the Lusaka High Court. Judge Philip Musonda quashed the findings of the Dennis Chirwa Tribunal saying the tribunal had exercised excessive jurisdiction when it found that Siliya had breached article 54 of the constitution when she disregarded advice from the Attorney General.
Bids for oil and gas exploration opens in three weeks
Minister of Mines and Minerals Development Maxwell Mwale says Zambia will open bidding for oil and gas exploration in three provinces within the next three weeks.
“Preliminary geological work which was done indicated the presence of oil and gas ... in the North Western, Western and Eastern provinces. We will soon be inviting would-be bidders to participate in petroleum exploration,” Mwale said in Cape Town during the sidelines of the World Economic Forum on Africa.
Zambia wants to diversify its economy from mining, which accounts for 70 per cent of export earnings, mainly from copper. About 10,000 jobs have been lost in the mining industry as the global economic crisis pushed down commodity prices which led to the closure of some mines.
“With the petroleum industry there will be an enormous amount of jobs created, revenues to the state will be enormous,” Mwale said.
Zambia enacted a petroleum mining and exploration law last year in an effort to streamline the prospecting and mining of oil and gas.
“Preliminary geological work which was done indicated the presence of oil and gas ... in the North Western, Western and Eastern provinces. We will soon be inviting would-be bidders to participate in petroleum exploration,” Mwale said in Cape Town during the sidelines of the World Economic Forum on Africa.
Zambia wants to diversify its economy from mining, which accounts for 70 per cent of export earnings, mainly from copper. About 10,000 jobs have been lost in the mining industry as the global economic crisis pushed down commodity prices which led to the closure of some mines.
“With the petroleum industry there will be an enormous amount of jobs created, revenues to the state will be enormous,” Mwale said.
Zambia enacted a petroleum mining and exploration law last year in an effort to streamline the prospecting and mining of oil and gas.
Kapoko and six others plead not guilty
Former Ministry of Health human resources officer Henry Kapoko and seven others among them senior officials from the same ministry on June 15 pleaded not guilty to three counts of theft by public servant and theft.
Kapoko separately denied two fresh charges of theft involving K1.9 billion and another charge of issuing cheques on an insufficiently funded account contrary to the Laws of Zambia. He has another charge of obtaining money by false pretences which comes up on June 19 before the same court for trial. This is in a case where Kapoko is facing an offence of theft contrary to section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Kapoko 36, of Woodlands and Fred Chileshe 26, of Olympia Park who is operations manager at Best Home Lodge stole K1.9 billion from the Government between December 28, 2008 and February 28 2009.
In the third count, Kapoko, alone is facing one count of issuing a cheque on an insufficiently funded account contrary to section 33 (1) (4) of the National Payment and Systems Act Number 1 of 2007 of the Laws of Zambia.
Kapoko between February 1 and 17 with intent to defraud willfully and dishonestly issued cheques numbers 000241 and 000242 amounting to K99 million on Kahekam Limited account number 00641361400 to Goldman Insurance Limited.
The other six ministry of health officials who all pleaded not guilty are Abel Kasongo, 53, of PHI, Anthony Mwila 36, Woodlands, Ryod Onde 39,Chelstone, Justine Phiri 37, Kabwata Site and Service and Nobert Peleti 37, Chilenje and Zukas Kaoma 38, Lilayi.
The officials are all facing one count of theft by public servant contrary to section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia.
Kasongo is head of procurement and supplies, Mwila senior procurement specialist, Onde an accountant, Phiri internal auditor, Peleti assistant director of administration and Kaoma principal accountant.
They, between December 1, 2008 and February 28 this year allegedly stole K1.9 billion belonging to the Government, which came into their possession by virtue of their employment.
And magistrate Kenneth Mulife granted the State an application to adjourn the matter to June 16 to allow it respond to bail applications filed by defence lawyers.
Prosecutor Frank Mumbuna applied for a two-day adjournment to allow the State time to study the bail applications because they were lengthy.
The defence lawyers had asked the court to grant their clients bail because the police had denied them bond and that their clients had been incarcerated for a long time. The lawyers told the court that the accused were Zambians with fixed abodes willing to provide sureties and to comply with the courts’ conditions.
But Mumbuna said the State needed to prepare adequately even if it was aware of the provisions of section 123 and that there were other issues involved such as the interference with witnesses by the accused.
Mr Mulife asked the State to make its submissions June 16 so that he could make a ruling on whether bail should be granted or not.
Kapoko separately denied two fresh charges of theft involving K1.9 billion and another charge of issuing cheques on an insufficiently funded account contrary to the Laws of Zambia. He has another charge of obtaining money by false pretences which comes up on June 19 before the same court for trial. This is in a case where Kapoko is facing an offence of theft contrary to section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Kapoko 36, of Woodlands and Fred Chileshe 26, of Olympia Park who is operations manager at Best Home Lodge stole K1.9 billion from the Government between December 28, 2008 and February 28 2009.
In the third count, Kapoko, alone is facing one count of issuing a cheque on an insufficiently funded account contrary to section 33 (1) (4) of the National Payment and Systems Act Number 1 of 2007 of the Laws of Zambia.
Kapoko between February 1 and 17 with intent to defraud willfully and dishonestly issued cheques numbers 000241 and 000242 amounting to K99 million on Kahekam Limited account number 00641361400 to Goldman Insurance Limited.
The other six ministry of health officials who all pleaded not guilty are Abel Kasongo, 53, of PHI, Anthony Mwila 36, Woodlands, Ryod Onde 39,Chelstone, Justine Phiri 37, Kabwata Site and Service and Nobert Peleti 37, Chilenje and Zukas Kaoma 38, Lilayi.
The officials are all facing one count of theft by public servant contrary to section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia.
Kasongo is head of procurement and supplies, Mwila senior procurement specialist, Onde an accountant, Phiri internal auditor, Peleti assistant director of administration and Kaoma principal accountant.
They, between December 1, 2008 and February 28 this year allegedly stole K1.9 billion belonging to the Government, which came into their possession by virtue of their employment.
And magistrate Kenneth Mulife granted the State an application to adjourn the matter to June 16 to allow it respond to bail applications filed by defence lawyers.
Prosecutor Frank Mumbuna applied for a two-day adjournment to allow the State time to study the bail applications because they were lengthy.
The defence lawyers had asked the court to grant their clients bail because the police had denied them bond and that their clients had been incarcerated for a long time. The lawyers told the court that the accused were Zambians with fixed abodes willing to provide sureties and to comply with the courts’ conditions.
But Mumbuna said the State needed to prepare adequately even if it was aware of the provisions of section 123 and that there were other issues involved such as the interference with witnesses by the accused.
Mr Mulife asked the State to make its submissions June 16 so that he could make a ruling on whether bail should be granted or not.
DPP says Investigations of Zambian Airways should spread to other countries
The Director of Public Prosecution (DPP) Chalwe Mchenga has advised investigative wings probing the operations of the defunct Zambian Airways to extend their investigative sphere to other countries to avoid piecemeal conclusions.
Transparency International Zambia (TIZ) has welcomed the directive to extend the investigation to foreign countries, saying that it would ensure comprehensiveness in the investigation of the matter.
Inspector-General of Police, Francis Kabonde says officers from the Ministry of Finance and National Planning audit department has been called in to strengthen the team and would soon travel outside Zambia for investigations.
The combined investigating team handed to the DPP a preliminary report on the airline’s failure to remit about US$1,793,782 in passenger service charges.
Kabonde said June 15 that in order to avoid inconclusive findings, it was imperative that the investigations were not only restricted to Zambia but spread out to other countries where the airline had offices. The police chief said the investigation was complex but the probe team comprising officers from the police, Drug Enforcement Commission (DEC) and the Anti-Corruption Commission (ACC) had made headways.
Sources say the investigating team was pursuing the criminal charge of theft by agent against the airline’s directors, in contravention of Section 272 and 280 of the Penal Code, Chapter 87 of the Laws of Zambia. The team was also investigating how the Zambian Airways in 2007 secured a $5.5 million loan through a consortium of financial lending institutions, which consisted of Investrust Bank, Intermarket Banking Corporation and the Development Bank of Zambia (DBZ).
Police have already recorded warn and caution statements from the directors of Zambian Airways in connection with the investigation into the operations of the airline.
TIZ president, Rueben Lifuka said the investigators and prosecutors should commit to doing a thorough job and thus enhance the chances of success of these cases in the courts of law.
Zambian Airways early this year suspended operations citing the high cost of aviation fuel and other operating costs for the decision.
Transparency International Zambia (TIZ) has welcomed the directive to extend the investigation to foreign countries, saying that it would ensure comprehensiveness in the investigation of the matter.
Inspector-General of Police, Francis Kabonde says officers from the Ministry of Finance and National Planning audit department has been called in to strengthen the team and would soon travel outside Zambia for investigations.
The combined investigating team handed to the DPP a preliminary report on the airline’s failure to remit about US$1,793,782 in passenger service charges.
Kabonde said June 15 that in order to avoid inconclusive findings, it was imperative that the investigations were not only restricted to Zambia but spread out to other countries where the airline had offices. The police chief said the investigation was complex but the probe team comprising officers from the police, Drug Enforcement Commission (DEC) and the Anti-Corruption Commission (ACC) had made headways.
Sources say the investigating team was pursuing the criminal charge of theft by agent against the airline’s directors, in contravention of Section 272 and 280 of the Penal Code, Chapter 87 of the Laws of Zambia. The team was also investigating how the Zambian Airways in 2007 secured a $5.5 million loan through a consortium of financial lending institutions, which consisted of Investrust Bank, Intermarket Banking Corporation and the Development Bank of Zambia (DBZ).
Police have already recorded warn and caution statements from the directors of Zambian Airways in connection with the investigation into the operations of the airline.
TIZ president, Rueben Lifuka said the investigators and prosecutors should commit to doing a thorough job and thus enhance the chances of success of these cases in the courts of law.
Zambian Airways early this year suspended operations citing the high cost of aviation fuel and other operating costs for the decision.
Monday, June 15, 2009
Now Copperbelt PS ready to deal with striking civil servants
Copperbelt Province permanent secretary Villie Lombanya says he is ready to apply sanctions on civil servants who would continue being on an illegal strike because there is no dispute declared between the Government and the unions.
“Those who may wish to continue shunning work are now acting as individuals and it will be easy to remove their names from the payroll. Once one’s name is removed from the payroll it is very difficult to have them reinstated,” Lombanya said.
He said district commissioners and heads of Government departments would today start submitting to his office lists of names of workers not ready to report for work despite the binding agreement between the unions and the Government.
“Those who may wish to continue shunning work are now acting as individuals and it will be easy to remove their names from the payroll. Once one’s name is removed from the payroll it is very difficult to have them reinstated,” Lombanya said.
He said district commissioners and heads of Government departments would today start submitting to his office lists of names of workers not ready to report for work despite the binding agreement between the unions and the Government.
STRIKES: Is this the beginning of the end?
UNIONISED health workers in Chingola have called off the strike and will June 15 revert to normal duties following the signing of an agreement for a 15 per cent pay rise by their national leaders. But workers at the University Teaching Hospital in Lusaka and other major health institutions in other parts of the country, however, are continuing with their strike and some clinics are closed.
Health Workers Union of Zambia (HWUZ) general secretary Lewis Mukosha on June 14 appealed to members countrywide to resume work June 15 because the unions had signed the 15 per cent salary increment and it was legally binding.
During a meeting held at Chingola’s Chawama Clinic on June 13, the health workers resolved that they had no option but to call off the strike because their national leaders had signed the agreement with the Government. HAWUZ Chingola branch chairperson Musonda Mabengwa and secretary Divan Mutanuka said the members were resuming work under protest. Mabengwa said after the meeting with the members that the district health union leadership had passed a vote of no confidence in their national leaders for signing the collective agreement without consulting the grassroots.
Mutanuka said it was unthinkable of the national leadership to sign the agreement when other negotiations were still going on.
Chingola District Health Management Team director of health Solomon Musonda applauded the union for its concern for the lives of people. Dr Musonda said saving lives was the reason health workers were employed and it was encouraging that the nurses and other health staff had resolved to put the interests of patients first.
Mukosha said union members withdrew their labour because of the delay in concluding the talks and now had no reason to continue with the strike action because the union leaders had signed the 15 per cent increment.
Civil Servants and Allied Workers Union of Zambia Kitwe main branch chairperson Denny Maluti said union members should stop blaming the Government for the 15 per cent pay rise because that was what their national leaders had negotiated for.
Health Workers Union of Zambia (HWUZ) general secretary Lewis Mukosha on June 14 appealed to members countrywide to resume work June 15 because the unions had signed the 15 per cent salary increment and it was legally binding.
During a meeting held at Chingola’s Chawama Clinic on June 13, the health workers resolved that they had no option but to call off the strike because their national leaders had signed the agreement with the Government. HAWUZ Chingola branch chairperson Musonda Mabengwa and secretary Divan Mutanuka said the members were resuming work under protest. Mabengwa said after the meeting with the members that the district health union leadership had passed a vote of no confidence in their national leaders for signing the collective agreement without consulting the grassroots.
Mutanuka said it was unthinkable of the national leadership to sign the agreement when other negotiations were still going on.
Chingola District Health Management Team director of health Solomon Musonda applauded the union for its concern for the lives of people. Dr Musonda said saving lives was the reason health workers were employed and it was encouraging that the nurses and other health staff had resolved to put the interests of patients first.
Mukosha said union members withdrew their labour because of the delay in concluding the talks and now had no reason to continue with the strike action because the union leaders had signed the 15 per cent increment.
Civil Servants and Allied Workers Union of Zambia Kitwe main branch chairperson Denny Maluti said union members should stop blaming the Government for the 15 per cent pay rise because that was what their national leaders had negotiated for.
Kapoko faces more charges over the ZMK27 Billion Scam
Henry Kapoko, the former ministry of health human resources officer charged with obtaining money by false pretences involving K1.9 billion, has now been slapped with another charge of issuing a cheque in an insufficiently-funded account.
Speaking at a press briefing June 14 Commissioner of Police Graphael Musamba said Kapoko, between December 1 and February 28, 2009, allegedly issued a cheque to Goldman Insurance as surety using an account with insufficient money. He said Kapoko was arrested and charged under the National Payments and Systems Act of 2007, which stipulates that issuing a cheque on an insufficiently-funded account was an offence.
He also revealed that more people were likely to be arrested in connection with the K27 billion theft at the ministry as investigations intensified.
Kapoko’s lawyer, Kelvin Bwalya said his client was June 14 taken from the remand prison to Kabwata police station where he was likely to be slapped with the fresh charge.
The investigative agencies comprise the Zambia Police Service, Drug Enforcement Commission and Anti-Corruption Commission. The agencies have formerly arrested and charged six senior Ministry of Health employees who were picked up for questioning on Friday in connection with the racket. The six, who are currently on forced leave pending investigations, are jointly charged with theft by public servant.
Those arrested from the Ministry of Health are Able Kasongo, who is head of procurement, Zukas Kaoma, principal accountant, Anthony Mwila, a senior procurement officer and Lloyd Onde, an internal auditor. Others are Justin Phiri, an accountant, and Nobert Peleti, assistant deputy director for administration while Best Home Lodge operations manager, Fred Chileshe has been charged with theft.
The suspects were detained in police cells and are expected to appear in court today.
Speaking at a press briefing June 14 Commissioner of Police Graphael Musamba said Kapoko, between December 1 and February 28, 2009, allegedly issued a cheque to Goldman Insurance as surety using an account with insufficient money. He said Kapoko was arrested and charged under the National Payments and Systems Act of 2007, which stipulates that issuing a cheque on an insufficiently-funded account was an offence.
He also revealed that more people were likely to be arrested in connection with the K27 billion theft at the ministry as investigations intensified.
Kapoko’s lawyer, Kelvin Bwalya said his client was June 14 taken from the remand prison to Kabwata police station where he was likely to be slapped with the fresh charge.
The investigative agencies comprise the Zambia Police Service, Drug Enforcement Commission and Anti-Corruption Commission. The agencies have formerly arrested and charged six senior Ministry of Health employees who were picked up for questioning on Friday in connection with the racket. The six, who are currently on forced leave pending investigations, are jointly charged with theft by public servant.
Those arrested from the Ministry of Health are Able Kasongo, who is head of procurement, Zukas Kaoma, principal accountant, Anthony Mwila, a senior procurement officer and Lloyd Onde, an internal auditor. Others are Justin Phiri, an accountant, and Nobert Peleti, assistant deputy director for administration while Best Home Lodge operations manager, Fred Chileshe has been charged with theft.
The suspects were detained in police cells and are expected to appear in court today.
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