Friday, June 26, 2009

Government changes budget cycle

Government has gazetted a Constitution Amendment Bill of 2009 to change the budget cycle so that it can be approved before the commencement of each financial year.

Briefing the press Vice-President George Kunda said June 24 that the Amendment Bill will improve budget implementation because Government will have a complete year to execute it.

“The financial year in Zambia starts from January 1 to December 31 of each year. This means that the budget will be approved within 90 days before the commencement of the financial year if the amendments are enacted by Parliament in the next sitting,” he said.

Kunda said currently, the budget is approved within the first three months of the commencement of the financial year (January 1 to March 31), leaving only nine months for budget implementation. He said this trend makes it difficult for Government to efficiently implement development projects.

“As a result, members of the public, parliamentarians and cooperating partners have called for the change of the budget cycle and Government is merely responding to such calls,” he said.

Kunda said it is important to note that the National Constitutional Conference (NCC) has already approved the amendment as recommended by the Mung’omba Commission. The Vice-President said Government’s move to publish the Constitutional Amendment to change the budget cycle is not a partisan issue. The Vice-President said Article 79 of the Constitution requires any Bill intended to amend the Constitution to be published in the gazette for a period of 30 days before its first reading in the National Assembly.



Day a Monkey Peed on a President

President Rupiah Banda on June 24 met a surprising fate when a monkey listening to his press address urinated from the tree above him soiling his suit.
"Aa kanitundila," the president exclaimed (meaning it has urinated on me).

At the time of the incident the president was talking about opposition Patriotic Front leader Michael Sata, the president's traditional cousin.
"I will send this particular monkey to Sata," Banda said.

Striking nurses face the sack

Health minister Kapembwa Simbao has June 24 given striking health workers an ultimatum to report for work by june 29, failure to which they should consider themselves fired for staying away for more than ten days without authority.

Addressing the press Simbao said the workers have been absent for a long time against the terms and conditions of service for public service workers.

“Failure to report for work by the stated dates will lead to disciplinary action. Those who do not report for work by the stated dates should consider themselves dismissed,” he said.

Simbao said retired nurses and other health workers and those who may be looking for employment and are willing to work, should submit applications to the provincial and district offices.

“Qualified nurses from within the southern African region are encouraged to apply for vacancies on local conditions that may be created as a result of nursing staff not reporting for work,” he said.

He said the Government was aware that there were some workers who may not be reporting for work for fear of victimisation by their colleagues and the ministry will ensure there was adequate security to protect them.

The minister said health workers not reporting for work would not be allowed to gather within the hospital grounds starting from June 25. He said following the signing of the collective agreement with the unions, the Government expected health workers to go back to work but the illegal strike had continued despite numerous appeals.

He said the Ministry of Health and the unions had agreed to discuss the other concerns regarding the conditions of service and President Rupiah Banda had assured that a committee would be set up to address the workers’ concerns. Simbao said President Banda also appealed to the conscience of the workers to remind them why they chose to serve the people.

Banda on June 24 said public service workers could not be awarded a pay rise of more than 15 per cent because that would have a negative impact on the economy. He said the Government had in this year’s national Budget set aside money for an 11 per cent salary increment for public service workers which the unions rejected. He said after the unions rejected the 11 per cent increment, the 15 percent that was settled for translated into 48.9 per cent of the K10.6 trillion domestic revenues.

Tuesday, June 23, 2009

Labour minister talks to striking Nurses in Lusaka

Labour and Social Security Minister Austin Liato says government is readdy to review allowances for nurses as long as they resume work to facilitate smooth negotiation.

Addressing striking nurses from various hospitals and clinics in Lusaka Province at the University Teaching Hospital (UTH), Liato said the negotiation process for improved allowances could only start if nurses resumed work. He said Government appreciated concerns expressed by nurses but urged them to resume work so that the unions and the bargaining teams can immediately commence negotiations for improved allowances in the health sector. He said according to the labour laws, the process of collective bargaining could not go ahead when workers had withdrawn labour.

“Your problems can only be solved when you go back to work. Government cannot negotiate when you are not working,” he said.

The minister said the Government acknowledged the important role the nurses played in the delivery of quality health care to the patients and the nation. He said he would inform the Government team set up to resolve the stand- off, on their proposals for an increase in various allowances. He said he would inform President Rupiah Banda on the demands by the workers in the health sector.

Nurses in Lusaka said they have accepted the 15 per cent salary increment awarded to all public service workers but have called for improved conditions of service, among them housing, overtime and uniform allowances.

Zambia Congress of Trade Unions (ZCTU) president Leonard Hikaumba, his secretary general Roy Mwaba and Zambia Union of Nurses Organisation president Tom Yungana attended the meeting.

Hikaumba said on Sunday the union leaders met Health Minister, Kapembwa Simbao where it was resolved that K25 billion would soon be released to settle outstanding allowance arrears for health workers countrywide. He said that secretary to the Cabinet Joshua Kanganja had also made an undertaking on the need for the unions and the Government to conduct a review of housing allowances in the civil service. He said politicians should not take advantage of the sufferings of the civil servants in order to propagate their political agendas. He called for unity among workers and union leaders in their quest for improved conditions of service.

Mwaba said workers in the health sector were unique and required special attention as they dealt with matters of life and death. He said the ZCTU had given the Government a four- week ultimatum in which to resolve the issue of allowances in the health sector.

A representative for the nurses, Hammond Kapapa said nurses lacked adequate representation and that they were happy that a Cabinet minister had met them to hear their views. He said the issue of commuted overtime should be addressed, as at present, nurses were going home with K30, 000 per month as overtime. He said night duty allowance was pegged at K35,000 per month while uniform upkeep was at K35,000 per month.

Kapapa said the nurses would only resume work once the Government issued a written agreement that it would address their concerns within a specified period.

Striking nurses at Solwezi General Hospital in North-Western Province on June 22 demanded administrative issues, including tea breaks, heaters in the wards and doctors on call to sleep at the hospital.

And teachers in Northern Province have called off the strike in all the 12 districts.
Zambia National Union of Teachers provincial chairperson, Nondo Kasanda said the teachers had all resumed work.

Government introduces measures to combat thieving workers

Secretary to the Cabinet Joshua Kanganja says government has introduced measures to fight corruption because its efforts were being frustrated by some dishonest public service workers who divert public resources for personal gain.

Speaking in Lusaka June 22 on a Zambia National Broadcasting Corporation television interview on the eve of the Africa Public Service Day Kanganja says Cabinet recently approved the Anti-Corruption Policy aimed at enabling ministries and Government departments to perform within the legal framework. He said President Rupiah Banda would soon launch the policy.

Kanganja said Government was concerned with the way public resources were being mismanaged or misapplied and would soon scale up the formation of integrity committees in all parts of the country. He said the Government would establish a financial intelligence unit to address fraud and money laundering activities. He also said civil servants should be non-partisan in order for them to effectively implement Government policies.

Kanganja said there was need for civil servants to be loyal to the Government of the day because the State could only propel development if it received the maximum support from the workers. He called on public service workers to be disciplined and improve their work culture for the benefit of the public.

Monday, June 22, 2009

Return to work or else we will act says health minister

Government says it will be forced to act against nurses if they refuse to listen to the plea of their union leaders to return to work. Minister of Health Kapembwa Simbao said in Lusaka June 21 that Government has asked union leaders to urge their members to resume work.

“We are currently talking to union representatives. We have asked them to convince their members to resume work because going through their representatives is the only legal route. The nurses have representation and if they don’t listen to them (union leaders), then I don’t know who they will listen to. If only a few listen to their leaders, then we will put the unions aside and move in as Government,” he said.

Simbao says Government has no money to increase nurses’ salaries beyond what has already been agreed upon. He says the only way to increase salaries would be by getting money from other important areas such as agriculture, health and education.

“There is no money hanging around. All the money has been shared in the yellow book. If money has to be found, it will be from these other sectors and this will create another problem like shortage of drugs,” Simbao said adding that government did a lot to move to 15 per cent, as initially, it could only manage 10 per cent.

“We had to struggle to even get the five per cent. This five per cent was from these other sectors, so people must understand,” he said.

Simbao said it is difficult to get excessive salary increase because of the global recession. He said, however, that despite the recession, Government is working to improve conditions of service for nurses and other health personnel. He said Government wants a situation where Zambian workers get competitive salaries like those of their counterparts in the region. He still has hope that the situation will improve.

“I am not, as Minister of Health, directly involved in this situation. The labour union’s line of report is through Minister of Labour and Social Security. I only come in where there are health issues to be resolved,” he said.

He urged nurses to understand that Government is committed to their cause and that their pleas had not fallen on deaf ears.

Convict Chiluba and his co-accused over US$500,000

The court should convict Second Republican president, Frederick Chiluba and his two co-accused persons, former directors of Access Financial Services (AFS), Faustin Kabwe and Aaron Chungu on all the 12 counts they are each charged with, the state submitted June 19. The State says the evidence before the court has proved beyond any reasonable doubt that the accused persons committed the offences under each count in respect of which they are charged.

This is in the case in which Chiluba, Chungu and Kabwe are charged with theft of public funds amounting to over US$500, 000.

The State submitted that the monies were paid out in favour of beneficiaries other than the Government, or deposited in private accounts a conversion, which coincided with an intention to permanently deprive the Government from use or enjoyment of the funds. The State also submitted that according to the meaning of section 21 of the Penal Code all parties to a common unlawful purpose are liable as principal offenders irrespective of the role played in the joint enterprise.

Further the State has proposed that the court deals with these counts together especially that the evidence relating to these counts is largely identical.

“ This honourable court, may thus if the evidence before it warrants, convict the three accused persons either in counts one to three or counts four to six as principal offenders, even though they were not all perpetrators of the crime,” reads the submissions.

Task Force prosecutor Mutembo Nchito submitted that in the above counts, Kabwe and Chungu were the principal offenders while Chiluba was an accessory before the fact as he procured the commissioned offences charged in the said counts according to section 21 (2) of the Penal Code. He submitted that in counts seven, eight and nine actus reas in these counts occurred through the fraudulent conversion of Government funds to the Zamtrop account for the use of Chiluba’s children.

Nchito further submitted that Chiluba was liable to be convicted as a principal offender either on the basis of the principal of joint unlawful purpose with person here not indicated or for procuring the offence in counts seven to nine.

“The evidence before this court is that, that was a Government account and that all the monies in it ought to be treated as such, we wish to stress that the payments to Chiluba’s children were made out of the Zamtrop account, the defence ought to show that monies paid to his children were private sources,” read the submissions.

And in counts 10 through to 12, the State submitted that the transactions involved in these counts were similar to those involving counts one to six in that each transaction was a perfect replica of the others. He submitted that at the time the conversion of the funds took place the accused persons intended indefinitely to exclude the Government from enjoying its rights to the monies alleged to have been stolen.

“The fact that Kabwe and Chungu did not want to keep a ledger at AFS to replicate the ledger at Meer Care and Desai, the State submit that the action of the two indicated that they did not want these transactions to ever come to light since stolen Government funds were laundered through this account,” he stated.

The State submitted that the circumstances in the case revealed a joint unlawful purpose between Chiluba and his co accused persons as there was clear intention to divert Government funds to procure properties for Vincent Malambo and Eric Silwamba by Chiluba as promises although he might not be directly involved in actus reas.

Earlier, Chiluba submitted that the case be dismissed because it appears to be novel and a mere fiction. Chiluba said this in his final defence submissions filed in court by his lawyers, Robert Simeza and John Sangwa. Judgment has been set for July 20.