Zambian Airways docket handed to DPP for action

1. Sorry but today i have been on the blog most of the time and i see you are very slow in posting latest news. am bored

2. Lyashupa ilyashi nomba. My Silly-ya is gone so I fear these three now.

3. I fear for these three! Opps!

4. These MUST resign, in their case, there is the additional reason/concern that they can have an influence on the investigation as they hold office in investigative wings. There is more reason to resign than in Siliyas case.

5. The only thing i dont understand is that when it comes to politicians the words abuse of authority comes to people’s mouths very fast, looking at Mr Membe’s uterances and the use of his paper to defend each and everything that is said about him be it true or false is tantamount to abuse of his authority.

6. Great! Zambia needs this kind of swiftness in dealing with shady, good for nothing businessmen. With such a small population and all the resources we have, the country shouldnt have to be in such a state.

7. Youth Chairman Enock Chungu should no take things personal.Much as it is a fact that Nchito is being investigated by virtue of his being the CEO of ZA,It does not warant his resignation as prosecutor of plunder cases coz these cases have nothing to do with ZA.But if found wanting then he will have no option but to step down.

8. This is just a circus; they just trying to turn tables because RB’s concubine has been found wanting and has no way out but to exit politics. They are just trying to distract the attention of the public from real corrupt elements (RB, Dora and Kunda) so that they are not forced to resign. Lets finish this whole thing by having a chain reaction of events here; from bottom to top, Dora is gone, next Kunda should go and soon RB. Then we would have cleaned the mess.

9. #8 Are you implying that ZA saga is not a mess? The Post should also cover this just as they did to Dora.They are not saints.Taxpayers money is at stake here and Zambians cant pay for irresponsible enterpreneurship.

10. Does anyone know who the fourth director of Zambian Airways is?

11. BEN PARINE;
    thats not abuse of authority, his got the rigit to defend himself in the post, more over thats his paper. its actualy RB and GK abuse state media

12. #11 mubanga.Its wrong to say it is his paper.He is just the Editor-in-chief as wel as MD but there are other stakeholders.So in this case M’membe is also abusing his office coz not all stakeholders are happy with his cause.

13. Look AK-47, the case of ZA is a purely corporate business issue. These guys were trying their level best to run a business venture in very hard times. Mind you the aviation industry world-over has been the worst hit in this global recession (even before the recession). A lot of airlines world-over have run bankrupt and gone under and ZA is not an exception. But I have not heard of airline company directors being prosecuted because the company folded up. What RB is doing to ZA directors is simply ridiculous and childish. It is very clear that this his scheme to silence the Post and curtail the prosecution of his corrupt friends by getting rid of Mutembo. Everyone can see through this and I don’t expect you to be so dull as not to put two and two together.

14. -Can you not see that the case involves billions in |State funds and it is therefore not a mere business corporate issue. The Directors diverted billions due to National Airports collected as agents for other uses. If this is not abuse then what is? Be fair and level headed. If someone else collected money on behalf of the State as agent and they diverted it to other uses we would see editorials from the Post on a daily basis.

15. Look #13 Zambia,I agree with you that the case of ZA is a purely corporate business issue but how does the RB come in.You should be the first one to understand that busines is business and here what the law enforcement agencies are trying to do is to get the truth for the public.I know Airlines are equally affected just like any other business with the current crisis but are all adjusting by cutting costs.thats what we call being adaptive.But ZA created a virtual expansion picture wayback before the crisis with no matching liquidity and M’membe and his Post reporters were busy globe- trotting free of charge while privatising their profit and I don’t expect you to be so dull as not to expect zambians to socialise their mismanagement(Debts).

16. I think Mr Chungu’s reasoning is somewhat fallacious; Dora did not resign to pave way for the investigations; she was heavily supported by both the Vice President and the President himself. Dora resigned ungraciously, and shamefully; she did not have much alternative. So to say that she resigned smartly is really self-deception. It is better to stick to the truth, than to cheat oneself. Pole sana, Mr Chungu; you are showing a very poor stamina as mmd youth chairman. We are by no means defending Mr Nchito; if he is guilty let him resign, but let it not be just to satisfy RB’s selfishness. As well as Mr Kundu, RB should resign; in fact, he is long overdue. RB is really bad news for Zambia as a nation; he has messed up too much!!!

17. #15 it should read”as to expect zambians to socialise their mismanagement(Debts).”

18. I think AK-47 and the other guy have a totally different agenda here. Look, for any business to expand it requires capitalization. And this is exactly what ZA directors were trying to do by borrowing from banks so that they could capitalize and expand. They did not go to BOZ coffers to folk-out any govt money; instead they were dealing with commercial banks which is plain and clear. The fact that ZA accrued operating costs with National Airports corporation is a normal business event especially during hard times. Mind you BA owes money to various organizations in operating costs. This is normal, and ideally if ZA was allowed to continue and business improved, it was going to pay what it owes and even provide more business for the airport. Now Lusaka airport is almost a ghost playground.

19. No. 18 Zambia, BA has never acted as agent for the British government and pocketed the money. When you collect money as agent you are not suppossed to divert that money to anything else. If you cannot appreciate the fact that when they were acting as agent they had a fidicuiry duty to pass on the money and not divert it, I can well understand why you can see no wrong in what they did. Borrowing money is fine but diverting money you have been entrusted to collect for another is theft in the eyes of any morrally upright person. Where do you stand on this issue?

20. I have no problem with Lusaka airport being a ghost ground if ZA is unable to run coz of its lack of good management practice and foresight.what you should understand is the govt has the responsibility to protect all business organisation in Zed including those owed by ZA and thos ZA is owing and if found wanting prosecute them.Creditors are not happy that they have lost their money.Even in the US,the FBI will move in quickly and establish the cause of the collapse as was the case with Lehmann Brothers and even made arrests and no one called Bush’s name,Its natural in business,people engaged in business have to abide by laws.Markets will solve the problem and if ZA cant swim,its natural to drown and let those Airlines that can swim do what they know and not the cheap finger-pointing.

21. #20 suppose to be AK-47 and no sharp shooter.Iam using his terminal

22. No. 20, well said. Zambezi Airlines operating in the same environment has not found itself in the shoes of Zambia Airways. This just goes to show there was a total lack of corporate, fiscal and social responsibility on the part of those running Zambian Airways. Zambian Airways must show the people the accounts and tell us who made the decision that money collected as agents for National Airports should be “CHEWED”. wHY DID THEY NOT STOP COLLECTING AS AGENTS IF THEY KNEW THEY WERE GOING TO DEPRIVE THE REAL OWNERS OF THE MONEY? Why can’t the Post Newspaper condemn this obvious theft? They were collecting the Airport taxes for months and utilising it for their own ends. Zambian Airways needs to explain why they used our taxpayers money without authority.

23. You guys are too thick to understand a thing. ZA never collected any money on behalf of any govt. They borrowed money from commercial banks and even provided their own collateral. I don’t know where you get this weird idea from that ZA diverted govt money; it simply never happened. Fact is you haven’t probably factually followed the case perhaps because you rely on your fellow ill-informed bloggers for info. Try to read highly researched literature and not rely on what dull chaps like Dora go to yap about in a parliament of clowns.

24. No. 23 Zambia, it seems you are the only person who does not know that Zambian Airways collcted close to two Million United States Dollars from passengers as airport taxes and fees which they never passed on. If you are so sure of your facts could you stake yourmoral judgement openly and state that if i direct you to where there is proof of this money diverted by Zambian Airways you will forever condemn them on this and other bloggs/ Something tells me you do not have the courage of your convictions to do so. I dare you!!!!

25. #23 I suppose you are the one who is too thick to understand jack coz you are taking it as if borrowing from a commercial bank is not the govt’s business.It is.So they have establish the fact and use everything in their power to cover the monies owed.Infact you have to know that its the credors who are pushing for this but since you have issues with Dora,you think she is a factor here just because she refused to bail it out.She was right,we cant socialise their debts when all along they were privatising their profits.

26. You speak between your teeth. You see, just because airport taxes may be charged lumped together with the cost of the airline ticket does not imply that ZA was intentionally collecting this to defraud the airport corporation. ZA was in business to transport goods and people using the airports as staging arenas, and for that they were paying fees. But just like in any other business that becomes unprofitable, operators tend to fall back in their payment schedules until they start breaking even. They have to prioritize what costs to meet first in order for them to continue operating and hope things improve. Now, don’t compare ZA to Zambezi air something. ZA was big and was growing which accounted for its huge operating costs.

27. I think I will rest my case here because it is now apparent that I may be trying to reason with very “brilliant” people who may well be understanding what I’m NOT trying to say. Try talking to people at your level guys; perhaps those MMD cadres.

28. No. 26 Zambia, at least now you are slowly starting to acknowledge some facts. Further facts you should know is that ZA insisted on collecting taxes on behalf of NAC. They claimed that this was for the convenience of their passengers. Alas it was for their convenience; not passengers. If they were honest they would not have demanded to be collecting agents for NAC. ZA took money which was not theirs and cannot now account for it. Towards the end NAC decided ZA should no longer be agents for collection of taxes but ZA continued to charge passengers. Passengers were forced to pay the taxes twice: as charged on ZA tickets and as demanded by NAC. ZA airways therefore started even stealing from their passengers. This happened to me on trip Lusaka to Jburg and to many other ZA clients. Thievery!

29. No 27 can you dispute any of the facts that I have set out? I do not think so and I will not be surprised that you will now try to call us names rather than debate with facts. The truth will set you free. I am your inner conscious and just take a deep breath and live with the reality of the facts.

30. Typical PF cadre,why are you so quick to insinuate that whoever is against ZA is MMD cadre.Business is business,by the way ZA is a limited company,so the directors will be spared of their personal belongings.If they were sole traders ,even their wives will be grabbed.Its strictly business,watch out! No one should be treated with kid cloves.just because its Nchito, M’membe etc.No ways,infact we will be setting a bad precedent.

31. No. 26 and 27; You should start to worry when your alterego starts to take over your space on the blog. It is a clear indication that your alterego has taken over your psyche. Sweet dreams.

32. #31Zambia Alterego.Job well done.Good night

33. When I go quiet it does not mean I have found any substance in your arguments; to the contrary. Just so you know, it means I don’t find any justifiable reason to continue blogging with on this point solely because I believe you have no capacity to reason over the issue. And you have not taken over anything from me. If and when I find it appropriate I will blog. Got it?

34. Bloggers let us all get level headed and ask very basic questions. Firstly, was ZA a limited liability company or a sole trader business? Secondly, did Membe, the Nchitos and the fourth Director pocket the money. i.e. did they collect money from passengers and fail to pass the money over to NAC. Thirdly, did the directors mentioned above hide the money they collected?
    Fourthly was the four directors individual directors in ZA. For example, was it Mr. Meembe who was a shareholder or it was the Post Newspapers?
    I was going to extensively quote the Penal Code on the ingredients of theft which the state needs to prove without reasonable doubt.

35. As a former government trained investigator, this case is not headed anywhere. No wonder why Meember has challenged the Police to arrest him immediately. Is it a coincidence that the Police are informing the nation about progress made on the case after Dora has ‘resigned’? RB is trying to settle scores but we all know that again ,his character will be bruised.
    Leave Meembe and the Nchitos. Every business owes and is owed. Let NAC collect their debt which is a civil and not a criminal case. This case smacks cases where police arrest and detain someone for owing another person a debt.

36. Sorry for the errors folks,but I am sure you do get the gist of the contribution.

37. #36, your points are well taken.

38. Zambia being a developing nations located in Africa ,were the state is judiciary ,police and government. Anything is possible..

39. RB is wasting our time. He is hiding behind all these waste of time tribunals and investigations. This is not leadership. We need to focus our thinking on issues that will put food on peoples tables. Why concentrate on this ZA money, is Zambia broke that the country has to come to a stand still?

40. Bloggers, lets not be blind folded wat is currently happening is just to move attention from Smart Dola to ZA, let us get done with George and RB b 4 we move to the next, issue. George is next let him go hes not even talking kwati nika chibulu and supervisor shud also his mouth he defended her.

41. Mwilatutinya! Corrupt chaps

42. I miss Zambian Airways.. It had very cheap flights to Dar es Salaam. Maybe the cheap flights contributed to its downfall. Just before it ceased operations air fares went up steeply. When I asked why I was told it was because of the high fuel prices worldwide. Whichever way you look at things Zambia Airways tried to serve the people of Zambia well and provide them with cheap Air transport. I am very sad about the demise of Zambian Airways because other airlines that fly out of Zambia are just too expensive.

43. #42 i totally agree with you.The ZA was a company in bussiness so of it goes under it must be professional go into liquidation.Not just straight on humering onto the Directors.If any this we must salute these Directors Muntembo and M’embe for the job well done to the Zambian people for offering air transport some thing which has never happy in the history of Zambia.Zambia as a Nation needed to encourage these local investers by giving them engough time to organise themselves.Fred and Muntembo i wish you well in your furture endevour as you prospare to service the Zambian people.May the almight make his shine face upone and bless.May grant your peace and strength as you service the Zambia people.

44. wHAT YOU ARE ALL MISSING IS THAT YOU DO NOT ROB PETER TO PAY PAUL. YOU DO NOT TAKE MONEY FROM NAC TO PROVIDE CHEAP AIR FARES. THAT IS THEFT AND IRRESPONSIBLE. AIRSTRIPS ARROUND THE COUNTRY CANNOT BE UPGRADED TO INCREASE INTERNAL CONNECTIONS YET US$2M WOULD GO A LONG WAY TO DO THIS.
    IF YOU ENGAGE ME AS YOUR RENT COLLECTOR IT IS UNFORGIVEABLE FOR ME TO USE THE RENTALS I HAVE COLLECTED FOR YOU ON ANYTHING ELSE. THEFT IS THEFT, SIMPLE.

45. No. 35 and 36 Flesi Fisi. It is interesting that you have conveniently forgotten to mention that the police have also stated that the docket on MMD food suppliers has been passed to the DPP. It seems your eye only sees what it wants to see. By the way, do you have any explanation as to where the NAC money was taken?

46. This investigation is going nowhere and its a waste of meagre public resources. How many companies have failed to make remitances to ZNPF and ZRA after making deductions from employees and criminal investigations have been instituted aganist the directors? Zero.

47. Those MMD cadres should not make noise on issue they do not Understand as they are a liability to the nation.Nchito, you have our support

48. ZA actaully asked to collect on behalf of NAC claiming it was for the convenience of their passengers. PAYE is not by the employer requesting to collect for government but by law. There is a big difference that some need to learn. ZA asked to be agent knowing full well they did not intend to remit. Theft by any standard. Is it so difficult to comprehend?

49. #48.Its not unless someone doesnt want to call a spade a spade

50. There is no need for any one to be a cheer leader for any body. Supporting Mumembe or Dora or Nchito is beside the point. The law is blind. What we are supposed to support is our country – period. Our duty is to support the investigations in order to establish whether a crime has been committed under our laws. This attitude of claiming that so and so is innocent before the DPP decides on the basis of the facts what the case is indicates that one wants to worship some one. Dora is gone. Are the police supposed to stop other investigations because Dora has resigned. Let us wait to see whether the DPP will recomend prosecution.

51. Go Nchito!!!! Wise man, he’s been silent on the whole issue. Zambians you should stop “ma jealous”. Work diligently with your own hands. Companies collapse and fail to pay back debts, its a business risk, it happens.

52. RB’s biggest achievement so far is to put Mmembe under extreme pressure. My only hope is that this pressure should increase and finally fred Mmembe should be caged for a minimum of 5 years with hard labour. The post newspaper has destroyed many innocent people’s reputations and even their life. It is time Mmembe has a taste of his own medicine together with the Nchito brothers. I hope government works hard to have these indivduals caged for a long time. We need change in our country. All the best RB, your fight is not your alone, it is for the entire nation. Dickson Jere is doing a good job. DPP must be fast on this case.

53. I see a serious misunderstamding especially on blogger Zambia’s (27, 33 ,37)part. One thing that is clear is Zambian Airways collected money from passengers for onward remitance to the Government which they did not do. Zambia Airways is yes a coporate body but individuals within the firm are responsible for the act. This is why people we have Rathi in court to today (and even the former ZANACO MD Musonda , the exon guys in the USA etc) for actions commited in their official capacities. Now lets not be clouded by our llove or hatred for the people involved. In my opinion Membe as a non executive director was not part of it but the same does not apply to Nchito whi I find hypocritical and I do agree that he should step down

54. #52 Oscar you are some how right, but this is not a case for the Police. Companies that fail to remit employees Tax, Napsa contributions which these companies deduct from employees on behalf of the gvt can not be arrested by the Police. ZRA and NAPSA are the ones to take legal action which may involve confiscation of property etc in order to recover monies owed. In this case National Airport were the complainant and are the ones to take action. And if indeed MMEMBE $co pocketed the money, the ZA were going to prosecute them . This is a face saver/reacton by GRZ following Dora fall from grace.

55. So look at it this way. Nchito runs and owns a company and it has been collecting tax but not passing it on. However on the other hand he is expected not to be comprimised in his prosecutions. I say no , just as they are many capable people to take over Hon siliya’ job there are also adequately trained prosecuters out there. So pe0ple called for Dora to step down to pave way for investigations( which mind you were not of a criminal nature) why shouldnt Nchito is he a saint. Just imagine that the owner of this airline was someone close to RB or Chiluba at the time? would we be saying that it was justa business transaction. As for the former. As for Tulatwabane @ 46 you are correct that lots of pepole have not remitted taxes but that doesnt make it right.

56. Blogger Fle fisi so you feel they will not be convicted , which is your opinion, but should they be left to go scot free with the theft of taxes. hell no . Deja vu the issue of it being politically motivated, (face saver no thie investigation began before the tribunal was constituted) is head on. But there is the fact that an offence was made , its kinda like saying that a tax evader should not be prosecuted because he is in bad books with the Govt, if he evaded tax let him face the music. As for who should pursue it I can see valuable lessons to be learmt here that could change our culture to playing tax. Coz i tell you go the states and dont remit taxes that you collect tou will be charged in a criminal court

57. No 45, thanks for the question. The issue at had is ZA and not MMD. Oscar, the money is not taxes but fees just like fees paid by bus owners at the Lusaka Terminus for using the facility to the council. Being such their are not statutory at all. So do not confuse what is statutory and what is not. Further more, both ZA and NAC were alive to the fact that ZA owed a debt and was trying to pay it. In addition it is not govt that is supposed to collect this debt but NAC.

58. If you read the offences of an Act like 322 ( Customs and Excise Act) you will find the procedure for handling smugglers and any other tax evaders. The first step ZRA takes it to write a letter to a suspected offender and such a person isgiven a specific time period in which to make a payment. If they fail then a warrant of distress is issued to recover the money.
    If you are familiar with boarder arrangements for example, if you are smuggle in spirits, ZRA will firstly detain the goods, compute the taxes you are to pay including if you are unluck a penalty and then give you a period in which you are to make the payment. This is usually 30 days. Thereafter, ZRA will wait for another 90 days and then the goods will be forfeited to the state in which case they will be sold to the public

59. The point I am trying to make by giving you this very clear ZRA procedure is that every institution has procedures for collecting what is theirs. The rules of natural justice should be observed which is not the case in this debacle.

60. #55 Osc ar get my point. Am not saying there is no offence-but this is NOT A POLICE CASE. No all cases are taken to court by the POLICE. Cases can go to got by individuals, companies etc. When have the police ever refered the case to the DPP before the accused has even appeared in COURT? Man read between the lines. KABONDE WANTS to wash his hands off the case tacitly because its nonsense. Lookk at this Willima- Fr Bwalya’s pronouncements were publlic so even the OP are aware but KABONDE allows this chap(WILLIMAs) petitition. Please dont support any how

61. FYI, NAC has already sued ZA for their dues, the matter is a civil/ contractual case, which NAC have won. The high court ordered ZA to pay back the debt they contracted. NO criminal case whatsoever!

62. PAPA tell them!!!!!!!!!!!!!

63. I have experince with Tax evasion what happens is ZRA or Napsa have option of suing but maintain the option of instituting criminal proceeddings, so the state or body can sue as is the case of FTJ , Francis Kaunda etc > I know and totally admit it is politically motivated as where FTJ, case. As for papa you say no case whatsoever but the courts will detrermine as they did with Dora, I believed she would be nailed on the Petauke issue but she was not. So yes we are all free to speculate the outcome ,

64. I ask aquestion if this firm belonged to Katumbi or Faustin Kabwe and they went under owing a few million dollars and had failed to remit fees to goverment, would it be wrong to investigate and send the docket to the dpp.???

65. Flesi there is airport tax on tickets so i dobelieve they are taxes but these are subject to interpretation But cardinal is ZA was mandated to collect which they did and did not pass on,. As for the natural justice it a court of law will guarantee that

66. Oscar to help you understand the difference, just ask yourself whether a particular fee/levy/tax is announced in the budget by the Minister of Finance. If it is not then it is not a statutory compulsory tax. And in Zambia, the only agent assigned to collect taxes on behalf GRZ is ZRA.Secondly, you might be aware that ZESCO owes ZRA billions of kwacha in unremitted excise duty on electricity. Before I left Zambia this was at 5%. Times of Zambia and Daily Mail owe ZRA huge amounts such that if these amounts were to be collected the two newspapers would collapse.

67. flesi fisi
    Please, dont confuse Government institutions with private. Dont you think you are unreasonable to bundle ZESCO and other such GRZ institutions with a private enterprise like ZA?

68. The fact is simply that ZA owes tax payers monies and this must be explained for. It is ludicrous to suppose that ZA the tax payer should turn a blind eye on misappropriated, hard earned tax. The courts will be fair to recover tax monies.

69. #46 Tulatwabane Give us the names of those private companies that are not paying tax so that we could follow them up. Some companies are not paying tax and are going away with it? Please dont mention GRZ institutions. That will be insulting yumanibini intellejency.

70. Ba zambia From your contributions you might be related or connected in one way or another to ZA. No wonder !

71. No 67 and 68 Kindly note that whether private or public nobody is above the law and all firms are supposed to adhere to the law. Do not abate lawlessness by asking private companies to meet their tax obligations and public ones not to. Imagine you are a competitor to a public institution and you as a private entinty is paying taxes while your competitor is not. Would you call that a level playing field? In Zambia only the president is exempt from paying taxes. Everybody else should pay. ZESCO collects 5% excise duty on behalf of ZRA from its customers, why should it not remit the same to govt coffers? What is good for ZA should be good for ZESCO, Daily Mail and Times including all of us.

72. By the way the allegation before the DPP concerns NAC and not tax payers as RB told us some months ago. So be cool and let not emotions and inneudos cloud your intelligent mind.

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