Tuesday, April 23, 2024

Eric Silwamba explains Dora Siliya’s judgment

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FORMER Communications and Transport minister Dora Siliya
FORMER Communications and Transport minister Dora Siliya

Lusaka Lawyer Eric Silwamba has described Tuesday’s High Court ruling that former transport Minister, Dora Siliya did not breach the constitution as a landmark judgment based on the 1996 law.

Mr. Silwamba said that the law requires a cabinet minister to seek the Attorney General’s legal opinion or advice before signing government contracts.

He said even though this requirement is mandatory under this law, compliance is not.

This means that the minister can choose to take the advice or ignore it.

Mr. Silwamba said the judgement also clears Ms. Siliya of all three allegations determined by the Judge Dennis Chirwa tribunal early this year.

Ms Siliya was alleged to have breached the Constitution when she ignored the advice from the attorney general and awarded a contract to RP Capital and partners to value Zamtel assets.

Delivering his ruling yesterday, High Court Judge Philip Musonda said the philosophy underlying the non-conferring on the attorney general, as chief legal advisor to the Government, veto or overriding power was that he gave professional advice, which was legalistic to the president and Cabinet.

He said the attorney general was not an elected official and he, therefore, did not factor the social, political and economic conditions prevailing at the time, which elected officials representing the people must take into account.[quote]

Mr Justice Musonda said the law moved slowly while the social, economic and political events happened instantly and needed an instantaneous response.

The judge said while in Article 56 (7) the Director of Public Prosecutions (DPP) would violate the Constitution if he did not follow the attorney generals direction, Article 54 (3) of the Constitution was without sanctions.

“What is unconstitutional is failure to get the advice of the attorney general and not failure to follow it, interpreting the law strictly,” he said.

“In that regard if legal opinion runs counter to achieving a certain objective, ministers have the option to ignore it, but to ignore it because they are profiting from it is the very evil the parliamentary and ministerial code of conduct reprehends,” he said.

“The tribunal’s findings that there was no breach of Part II of the ministerial code of conduct remain undisturbed, which means she is cleared by the tribunal under Part II and by this court under Article 54 (3) of the Constitution and it is so ordered,” he said.

The judge, however, said it was an uncomfortable fact to preside and respectfully disagree with members of the Dennis Chirwa-led tribunal, who were among the most gentle, friendliest, warm-hearted individuals in the institution.

“I say this because there may be especially among the laymen a mistaken notion that dissent or being reversed is synonymous with discord in the judiciary,” the judge said.

132 COMMENTS

  1. On “Lusaka Lawyer Eric Silwamba has described Tuesday’s High Court ruling that former transport Minister, Dora Siliya did not breach the constitution as a landmark judgment based on the 1996 law, congratulations Mr Eric Silwamba for a jolie job done well. This has added something to your CV indeed.

    As for “The judge, however, said it was an uncomfortable fact to preside and respectfully disagree with members of the Dennis Chirwa-led tribunal, who were among the most gentle, friendliest, warm-hearted individuals in the institution. “I say this because there may be especially among the laymen a mistaken notion that dissent or being reversed is synonymous with discord in the judiciary,” the judge said.” I am asking the Tribunal Judges to resign…

  2. Ok Eric your explanation is enough.let the bustards who are hurt learn that the courts are not driven by hate and emotions but are guided by the law.

  3. 5 continued.

    As for “The judge, however, said it was an uncomfortable fact to preside and respectfully disagree with members of the Dennis Chirwa-led tribunal, who were among the most gentle, friendliest, warm-hearted individuals in the institution. “I say this because there may be especially among the laymen a mistaken notion that dissent or being reversed is synonymous with discord in the judiciary,” the judge said.” I am asking the Tribunal Judges to resign. To resign on moral ground for misleading the Nation earlier. If they believe that they were correct in their Tribunal ruling, the judges must resign to show that they still stand by their initial words to disagree with this new ruling.
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    Prevention is better than cure.

  4. Eric Silwamba what ever you have explained, does not make sense to us .all these government officials they can do whatever they want & nothing will happen to them.I just to wait for my time to become Mp or minister .kulasundila namu paliament

  5. As for “Lusaka Lawyer Eric Silwamba has described Tuesday’s High Court ruling that former transport Minister, Dora Siliya did not breach the constitution as a landmark judgment based on the 1996 law, let the NCC do a good on the bad portion of the 1996 Chiluba and Sata made Constitution that had only one aim of barring KK from standing as presidential candidate again.

    This is because ““What is unconstitutional is failure to get the advice of the attorney general and not failure to follow it, interpreting the law strictly,” he said.” is a serious anomaly in the thrust of Article 54 (3) of the 1996 Republic of Zambia Constitution that we are now using. Such anomallies are what caused the U. Sata to campaign that whoever won will serve till 2013…

  6. I bet he thinks he is the one! he managed to slip through the task force’s cases then now he is also helping others get away with corruption cases.

  7. I know why Dora and Eric Silwamba were pushing for a judicial review: 1. They wanted to save the face of the VP knowing the court will be forced to clear her going by the pictures we got from the post.2. The Judge Chirwa Tribunal thought they were doing Dora a favour by slaping her with a qustionable charge instead of those other serious charges and i suspect it was deliberate move so that she could appeal. That is my humble and inteligent submission. Time will tell. Analyse my two points fellow bloggers.

  8. The prosecution has objected to a bail application by former ministry of health Human resource manager, Henry Kapoko.

    Mr. Kapoko, at the centre of a K27 billion Ministry of Health scandal, has been in dentetion for more than two weeks.
    LETS TALK FOR KAPOKO

  9. 16 Senior Taliban greetings. Your submission of which I read a similar one yesterday by someone maybe you has some good analysis, but I belive the initial Tribunal Finds sent President RB Banda and his Minister of Justice Vice President G. Kunda panicking. Ms MP Dora was only saved when I probably indicated that she could voluntarily resign without President RB Banda has to make a decision – thus do not undermine this LT blog and others.

    The issue now is for the Constitution to be rectified by the NCC so that we do not have similar useless escape routes in future.

    Also, let us wait and see what PF-UPND PACT’s Harrington W. will do as regards an appeal to the Supreme Court. I hope the Tribunal Judges are considering resigning.
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    Prevention is better than cure…

  10. Iwe No.20 LCK ..we have no time for criminals like u. If you store with Kapoko go report yourself to Police or go huuung…

  11. Dont fight agaist corruption. Just join the Game. No one will ever win cases like this only Kapoko has lost so far. Ancle Chilu and the wife dont touch. Ancle Chilu are you enjoying? I kown you like enjoying yourself

  12. Biggie ba number 22 the in Zamia is too selective. It is better we write the law off. Kapoko should be set free like Dora. Biggie ba number 22 the problem with Kapoko, is that he stole little money and RB is not interested in the share. As for Dora Biggie

  13. Ba Ze Biggie ba number 22. The Law in Zambia is selective. Kapoko stole little Money and RB is not happy with the share of the same not even the Cops and the Judges. Haaa as for Dora Biggie she got the real Money and prosecuting her is sending money to Jail.

  14. Bakabolala, just looking for loopholes. Mandatory means ‘containing or constituting a command: obligatory( or binding in law or conscience).’ Therefore if advise is mandatory, how then can it just be brushed aside like that?
    The answer comes clearly from Judge Musonda, ‘In that regard if legal opinion runs counter to achieving a certain objective, ministers have the option to ignore it..’
    What was the achieved objective?
    No one is mentioning were RP Capital came from, how they were sourced and who are the beneficiaries of the hurriedly awarded tender.

  15. Biggie ba number 22 In Zambia there is more land for crimnals than the few innocent. Kapoko’s Problem is that he stole small money which is not enougth to oil RB. Dora got the real and every is running for a share. Biggie you can send money to jail

  16. This has come as no real surprise. This woman is looking too old for her age, why? Kulabonfyafye red lipsick nomba !!!

  17. Anyway guys i know this is a shoker but hey i couldn’t agree more with this judgment. Frankly spaking it well crafted and backed up by law. we should blame Judge Musonda he was just doing his job i guess the real problem here lies with the way our laws are written. I don’t think appealing this judgment will be the thing for harrington to do.

  18. Do we know what social, political and aconomical considerations that Dora had to do that would merit ignoring Attorney Generals advice? Eric alelya bwino, edited

  19. What of the initial case of her (dora) having awarded a contract above her threshold contrally to the public procurement act. The tribunal invaded that aspects ruling hence looking a charge subject to appel.

  20. Why do politicians sleep with the same women…First it was Levy and now RB…shame

    Obviously Sata will do the same…

  21. We are so confused now. Who is telling the truth? If the supreme court Judges can misinterpret our law. then we cannot get a fair trial. if the high court judge is very well at interpreting our laws, why his not at the highest court?
    ?????????????????????????????????????????????????????? Katwishi fye nomba mwe

  22. Like I pointed out a long time on here ago ‘Legal advice’ is not binding. Legal advice is on a take it or leave it basis . Theres not one system of law on this planet where you can get convicted for not taking legal advice. Legal advice is simply an opinion, if it was legal information which is more or less binding the tribunal would have been right. William harrington needs to change lawyers whoever advised him is very incompetent or just wanted some quick money .

    Some of you ignorant people should read the last sentence because it’s ironic how people think judges are incompetent because they…

  23. I am endorsing RB for 2026 elections…he has impressed me a lot….he is taking good care of offenders and the like…Viva RB

  24. I am endorsing my brother RB for 2031 elections…Zimbabwe has now colonized Zambia. Viva Corruption and young girls….

  25. Mona lisa #27 you need to understand that a court is a place of abritation it looks at points of law based on presented evidence. As such we will not always get the outcomes we predict or want. You ask what is the objective of seeking advice? well it is to get a legal perspective and it does not entail giving the function of making a decision to whoever gives you advice. Indeedd It is according to the Judge simply that “advice” . I feel om a lot of similar issues we need to read carefully all the facts and understand without attaching to much emotion based on listening to sensationalist reporting. This is not to say that Dora did not do anything wrong no, but she did according to this ruling abrgate the constitution or breach the parlimentary priveledges

  26. everything has got time,if what eric and RB are doing is in the interest of the nation then well and good but if it is to meet their selfish ends then time will come.just as people used to tell chiluba and his deeds then but he turned a deaf hear but today the man is licking his ass and days can not be reversed for him to make amends.

  27. i know even my brother’s case will be a “washout” i was told by RB we meet at State house….

  28. Can all bloggers who are formally educated exercise restrain on insulting others please. This is because those insulting others do not gain anything save ncrease their chances of getting sick whenever they insult others.

    Can medical personal and counsellors help with more data on this issue.
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    Prevention is better than cure.

  29. “this means that the minister can choose to take the advice or ignore it”

    why seek advise if u cant follow it. Some interpretations dont make common sense.
    these people who are absusing our had earned tax payers’ money are indeed taking us for a ride

  30. #37, well put. The Attorney General is the GRZ’s chief lawyer, so since when has a client been criminalized for not taking his lawyer’s advice? And by the way, the client must be at liberty to fire his lawyer if and when he choses – not to ask somebody else ( … for advice!).

  31. Fellow Zambians, here is the naked truth.
    – Dr. Miti will not be charged with anything
    – Kapoko and all the others will be sprung
    – Rupiah will be back in 2011
    -We are going to rant on this blog until our fingertips wear off.
    -The truth is our country is a corrupt cesspool where none of us are wiling to delve into to salvage whatever little dignity there may be left
    I rest my case.

  32. Eric, you are a good lawyer. You are better then Nicholas chanda. you have shamed the crocodile Harrington, M’membe of the Post and other over excited Dudes like HH and MCS. these guys are id]ots

  33. I’m not a lawyer myself but I also see it the way Eric Silwamba has explained. Dora simply ignored the Attorney General’s advice by acting in her authority as Minister. Of course it can be debated if that in itself is an offence against the laws of Zambia but it is definately not a crime! Critics better hold your peace & stop crying “MURDER!” please.
    We have seen worse cases of authority abuse than this, some of which are still pending. It is now time to close this case and move on to the next.

  34. Mr Silwamba sir,

    You don’t have to bother yourself explaining some of these things coz we know that Dora has been favoured.

  35. Then that article is akirk, why should AG offer his leagal advice yet it can be ignores? NCC must wake up and put things right as Zambia is gone straight to the dogs.

  36. Just to juciy up the blog thread, here is the CV for Solwezi Central MP Benny Tetamashimba below showing he is educated:
    Constituency Number: 110
    Date of birth: 27th September 1955
    Marital Status: Married
    Educational Qualifications: Form V, Diploma in Human Resources, Certificate in Accounting and Finance, Certificate in Social Policy
    Year First Elected: 1996
    Sessional Committee membership:
    Profession: Businessman
    Hobbies: Football
    Contact Details: National Assembly,
    P O Box 31299,
    Lusaka

    Telephone Number: (260) (211) 253446

    Fax Number: (260) (211) 253330

    E m a i l: bennytetamashimba AT yahoo . c o mThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it , btetamashimba AT parliament . gov . z m.
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  37. If they knew all this from the start why wasting people’s time especillay harry who tried so hard to make things staright , but muzambia mulasekesha

  38. I agree with #49 there is absolute corruption on our land spreading out at a fast rate like
    swine fever shame. it really sucks .

  39. Interesting to note, why MMD has bootlickers. They simply can not stand on their own without soemone above them to protect them and their jobs. I hope the clauses MPs’ and President’s educational requirements will be placed in the new Constitution before 2011.

    Such will allow Zambia begin to develop like Malaysia in the East.

    54 BBC greetings, on your “Then that article is akirk, why should AG offer his leagal advice yet it can be ignores? NCC must wake up and put things right as Zambia is gone straight to the dogs“, Zambia has been blessed by God with two serious events that would help NCC come up with a better Constitution than what the Chiluba Administration did in 1996 – the death of President LPM and this Dora Tribunal.
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  40. 58 continued.

    54 BBC. Failure to use this opportunity to make good amendments to the Constitution regarding the above two issues and others like educational qualifications for MP and President elections will have been a total waste of tax payers’ money.

    I hope our NCC is critical looking at the above issues with the level these deserve.

    Have a great day.
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    Prevention is better than cure.

  41. I AM DICARDING THESE USELESS LAYWERS LIKE NICHOLAS CHANDA AND RIGGED KELVIN BWALYA……..THEY HAVE NEVER WON ANY CASE………..I WISH THEY COULD WIN CASES LIKE ERIC SILWAMBA.

  42. Mr Silwamba’s jargon mystifies me. If a requirement is mandatory to do something, why is complying with that requirement not also mandatory? It’s like saying a life sentence is a mandatory requirement for someone found guilty of murder but not sending the guilty party to jail because it is not mandatory to comply with the sentence passed!!! That is what i call a legal fiction.

  43. Simple a tribumal is constitutated to look at a specific issue and its ruling can be appealed to the high court. while the supreme court is highest court of appeal and apart from the presidential hearings, it listens to appeals from the high court

  44. Radio Phoenix news 13.00hrs: Harrington with his lawyers will alert the nation if he is filing for appeal in Supreme Court by Friday this week or latest latest Monday (He suggests that the Judiciary itself is on trial). Also Transparency International Zambia (TIZ) has confirmed that the ACC is investigating Dora’s case.

  45. Nine chale, i find you quite balanced in your opinions. i should add that I am of the view that the AG’s advice should not be mandatory because that amounts to upsurping the powers of those he advises Vis-a -vis cabinet and the government. We should also look at a situation where the AG is corrupt or has ulterior motives

  46. If this is the meaning, then let us do away with the office of the AG. It serves no purpose and we just waste money on it. This is backwardness, how can you say before you make any decission first seek the leagal advice of the AG. Then you go further to say but its up to you to follow it or not. What a country of laws!!!!!!!! my foot.

  47. Some archaic and retrogressive law of the Mwanakatwe Constitution Review Commission. What do you expect? Utter rubbish.

  48. You call the advice of the AG as leagal and but to obey it is at your discretion. Hmmm bane were people mad when putting in this close???? Yes thats why its Zambia the real africa.

  49. Help me understand please, am lost. why is the an atorney general employed by the government at taxpayer’s expense if their advise is a take it or leave fimo fimo?

  50. #68 The problem is that the current consititution gives absolute and unfetered powers to PLOT 1. He can do what he wants. Challenge him at your ownrisk. Remember he appoints every one including those judges. You think they can risk losing the luxuries just to please you and me?

  51. #64 Thanks. It follows therefore that a Tribunal’s findings can be challenged and if found wanting can be quashed. The fact that Dora Tribunal comprised Supreme and High Court judges, its findings can not be equated to a Supreme Court ruling. So it should not be strange the Judge Musonda cleared Dora. Another to bear in mind is that ADVICE can be taken or thrown out. Advice is not an ORDER.

  52. #72 If the attorney general’s advice was mandatory then you might as well change the attorney general’s duties to be ministers duties and make the attorney general a minister . The system works the same way worldwide when the AG of the UK advised tony blair not to go to war did you see tony blair convicted on not taking the advice? The AG’s job is not to give orders it’s to advise, if you wanted teh AG to be obeyed all the time you need to change it from Advise to an order and that would stiffle democracy because the AG would have all the power. Imagine you walked into a shop and the shopkeeper advised you to buy something then you said no and then he proceeded to sue you, imagine how ridiculous that would be

  53. Bloggers, the fact you are discussing this issue means it affects you….Dora is out b/coz she ate with the right pipo…A7 (Kapoko) ate with the wrong pipo and is going under. They will make an example of him…..Happens all the time.!!!!

  54. I don’t know why anyone should be surprised about this outcome, when Rupiah made it very clear that he intended to get at the Attorney-General’s chambers and in his own words, “re-organize” that office!! All that remains to complete the circle is for Mumba Malila to step down. That is the only honourable thing for him to do; but unfortunately, will also hand Rupiah the undeserved victory he so meticulously and deviously designed with his vice George Kunda. Nothing in today’s Zambia shocks any more. Zambia is a lawyer’s paradise!!

  55. But law ikali ai or Judicial system ya pa Zed yamfulunganya. Iyi nkhani ya law – i have learnt never to comment, as a layman, on legal matters. The way some of us were on Dora when she was found wanting – awe!! I remember some of the bloggers tearing apart one blogger called Abigail when she tried to stand by Dora suggesting that she had been prejudiced. And one other surprising thing, some of the bloggers who at that time clapped for the Denis Chirwa tribunal are today glorifying judge Musonda and Dora’s lawyers – what kind?? yashani iyo??

  56. I found it somewhat disturbing that a seasoned lawyer like Prof Mvunga literally threw the Attorney-General under the bus when he reportedly conceded that the Attorney-General, who is the respondent to Ms Siliya’s application, has not been able to find case law support or authority suggesting that the Attorney-General’s advice is binding; and said: “In the light of the foregoing authorities, we find it difficult to agree with the tribunal’s finding in its entirety, on this aspect”.

  57. Kapoko and FTJ are definitely free guys come judgement day reading beyond the line and as far as Zambian courts are concerned. Mazoka waited for 2001 disputed election results from our courts for a long time. Buddy! the result on judgement day was negative. Laws are made for man poor or rich. When executing duties as a lawyer or a country for that matter you don’t look at Mmembe or RB just because they have scores to settle. You do it for the country, for professionalism and for good ethical and moral standing; for the RED, the BLACK, the GREEN, the ORANGE and the Eagle.The Judicial ethics in Zambia are compromised by chaps called Politicians. I mean we need a truly independent Judicially. Free from bad influence from the Executive. CORRUPTION has messed up this country.

  58. Regardless of what I would have loved to see happen, I think this judgement is right, period. Lets be fair and just.

  59. 62 Weston Mubanga greetings.

    On your “Can someone tell us the diference between a Tribunal and a Supreme Court sitting“, I will attempt to give a succinct distnction between the above two below.

    Firstly, a Tribunal is a a body of one judge or more judges set to look into employment disputes given authority to judge or determine claims or adjudicate matters.

    Secondly, Supreme Courtis a court of last resort , in terms of appeal, its rulings are not subject to further review by another court. A court is there to settle civil and criminal cases leading to punishment like being jailed/imprisoned or fined or any other swipe for wrong doing when one is found wanting.

    Since MP Dora had no criminal case, but allegations of malpractice a Tribunal was set…

  60. 89 continued.

    Since MP Dora had no criminal case, but allegations of malpractice in the way she carried herself as MP and Minister a Tribunal was set up.

    Now that we as Zambians have aggrieved parties, like Ms MP Dora Siliya was, appeal can be made to Courts of Appeal High Court and later Supreme Court as the last resort for any possible fair recourse judgement.

    It is also important to make mention that a court of law has a jurisdiction like District or Country in terms of High Court or Supreme whereas a Tribunal which is essentially a court has jurisdiction over a case it is looking at only, say the Dora Siliya Saga.

    I hope this is enough, but others can add or subtract or you cn shout for clarifications.

    Be blessed.

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    Prevention is better than cure.

  61. The white man once ruled Zambia (then a Rhodesia of some sort). He denied the black man the vote as well as jurorship, perhaps because he deemed the ‘savage’ black man not civilized enough to understand the delicate intricacies of law. Then the black man got power back and gave his fellow black people the right to vote but still with held the jurorship from them. Soon after this the black ruler took away the right of the people to vote for their choice of leader. They could vote, yes, but could only ‘unvote’ the incumbent. another black man came. He gave back to the people the right to vote, but not the jurorship. Can we have a debate on this issue? Why shouldn’t Zambians be judged by their peers under the guidance of the learned wo/men? What do you think?

  62. most of the comments above are useless and dull and are from imcompetent losers who have nothing much to say about them selves but alot about others… …..Thumbs up to everyone who said something relevant and meaningful

  63. 93 Pdalitso, 29 this year following your “#89 just curious, how old are you?“. Why did you ask?

    I hope you are not trying to trace me. Have a good day and be blessed brother/sister.
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    Prevention is better than cure.

  64. 93 dalitso, sorry on the name mistake above in my posting 96.
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  65. 95 nomsa greetings and what a fast one on your “DORA HAS BEEN APPOINTED MINISTER OF EDUCATION. Professor Lungwangwa goes to communication” and something really fishy must be going on in the President RB Banda MMD GRZ Administration. It is impressive how President RB Banda has not said anything about the Nation-wide civil servants’ strike, and is said to be sick – may be to avoid questions at the airport from South Africa, but has been quick to re-appoint Minister Dora Siliya to another Ministry.

    Someone said speed kills and so let us wait and see.

    Chita, Kaya (I do not know).

    Have a blessed day you all and take careful care.
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    Prevention is better than cure.

  66. Wow! how fast can someone bounce back..RB could not wait to re-appoint the woman who hails from his village..good news for her…i think that Dora is a hard worker.

  67. #96, no offense but from your pseudo, your postings, and style, i would have guessed no less than 55 years old. I find you write a lot of sense but the way you post is so over board it makes your postings look boring even before one reads them. Its good to be different they say, but what is even better is knowing your audience. Please don’t take this as an attack just think about it.

  68. #66 POSITIVIST PA ZED, thanks for that acknowledgement. It feels good to know that some people appreciate my comments because I always try to contribute in a healthy way to the stories on LT and at the same time I try to maintain a friendly and constructive dialogue with the bloggers.

    #92 XXX you have a point. I also don’t understand why so many people have to come and just start throwing darts at Dora. Most of those doing so have no explanation for their emotional grudge. This is why I appreciate Maestro because even if he is on the contrary, he will always state his facts clearly. There are also a couple of others, too many to mention, who try to play a well-intentioned role in this community. Thumbs up to them too.

  69. 103 dalitso thanks for everything and keep well following your “Please don’t take this as an attack just think about it.

    Otherwise, I am impressive that you placed me in the league of possibly grey haired wisedon attached to wo/men. Such confession is rare on this blog and I appreciate your being honest.
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    Prevention is better than cure.

  70. I think the word morality does not exist in Banda’s government. He is now trying to show that he is the president and he can do what he likes. History will judge him right. Ask FTJ

  71. 104 Nine Chale thanks and keep doing the needful.Slowly, we will get there and sensible people will hopefully come on LT. Unfortunately, I think I have done my part for now and will take a rest to concentrate on school issues. And so, I may become very rare in the next few days or so.

    Have a great day in Frankfurt if my memory serves me write.
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    Prevention is better than cure.

  72. Maestro learn to use your time creatively,I wonder if at all there is any normal person that reads your pasted postings,they are so sickening,change your style,you are just waisting blogging space,find something else to do,think of converting the same hours and energy that you spend into money making,brother.

  73. I new she will be back in cabinet, so that they can be going together with RB and fornicate and commit adultery. God punish them

  74. fellow bloggers you are just been bone headed for nothing. The tribunal found that Dora did not benefit from the RP transaction. the tribunal deliberately over extended its reach emotionally and not on any legal basis. Let me give you an example of how you can seek legal advice but do not take it. Lets say Zambia needs emergency food like in 2003 and the AG says you have to go through tender but the minister needs to act quickly to quell hunger then the minister has every right not take the advice and do as he pleases. THAT IS NOT CORRUPT. WHAT IS CORRUPT IS TO DISREGARD AG ADVICE IN ORDER FOR THE MINISTER TO PERSONALLY BENEFIT. SO JUDGE MUSONDA HAS LANDED THE FIRST PUNCH AGAINST THE LIARS IN THE POST AND THOSE TRYING TO CIRCUMVENT ZAMBIA’S JUSTICE SYSTEM. LETS BE ANALYTICAL!!

  75. 108/9 Ghost dog greetings. On your “AMaestro learn to use your time creatively,I wonder if at all there is any normal person that reads your pasted postings,they are so sickening,change your style,you are just waisting blogging space,find something else to do,think of converting the same hours and energy that you spend into money making,brother” I appreciate you this better and normal concern. In fact, the only reason I respond to you is that I believe you can do better than insult which has been your way of life on this blog.

    On my working hours, I am a Researcher and so, there is nothing else I can do save using the spare time to blog – teaching characters like you to respect others and helping GRZ do their work properly.
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  76. I have always thought that the EXECUTIVE, JUDICIARY AND LEGISLATURE were equal in strength as regards running GRZ but President RB Banda has shown me that the CONSTITUTION OF ZAMBIA is useless over this case of equality

    I just hope NCC are doing a good job for Zambians so that sanity can come back to the system.

    I am also interested to learn what will happen to the Supreme Court Judges Chirwa and Chitegi, High Court Hamaundu and AG Mumba Malila including Solicitor General Sichinga, if I am correct, in the near future.

    2011 ellections are the onls hope for Zambians right now. Thus, I am appealing to the Undereducate and his advisors to please sober up and allow the UPND Team to liberate Zambia from our current malaise.
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  77. 113 MR. THRIFT greeting and thanks. Take care my friend.
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  78. Go DORA! #100 Woman of Subsatance, if this is true then wow. Chris Rock once said “I wish i had a v.a.g.i.n.a just so i could throw it on the table for negotiation”!

  79. Playing on words: ‘requirement’, ‘mandatory’, ‘compliance’ the judges cleared Dora, because they knew how heavy the cheque was that was awaiting them. SAD ARE ALSO CORRUPT. So no wonder thousands of people in Zambia today would like to study Law.

  80. “RB appoints Dora … it’s his ‘party’, he can cry if he wants to”. Hey The Post, why the long faces? Dig deeper on Kapoko, eh. Are you beneficiaries, like from from National Airports?

  81. Erik.. efi nikawalala.. why Chiluba bought him (Erik) a house in Roma. Erik must not pretend to know the law. I advise him to resign on moral grounds. SHAME SHAME FOR A LAWYER TO BE BRIDED.

  82. # 113 The post journalists are being harrashed, they can’t cover the case cos they don’t misinterpret or hide out what they hear. Kapoko’s friends and relatives are busy driving away anyone they suspect to be a journalist from the post.

  83. #76. The AG is a law enforcer. The advice he gives to the government is that they are acting within the law. However, director of public prosecutions can not carry out certain prosecutions without the authority of AG. The Siliya saga was not a trial but a tribunal. Thus, all witnesses were not called.

  84. Somalia is better than Zambia. The Justice system is rotten in our country, what do we expect from the judges who are appointed by the president.

  85. Justice has been done, Dorika is off the hook and gets reappointed yet to another important ministry EDUCATION. How is going to deal with Dons and teachers given the current situation of country wide strikes by teachers. Godfellow faild to run the ministry. How is Dorika goin to manage. That is African politics at their best. A window and her children are still mourning death of bread winner dear husband the relatives soon after burial take to property grabbing. The whole process of the tribinual and appeal was just an academic exercise. Look power Kapoko and team are being denied bail on grounds that they will run away. How they mere suspects and proven guilty in a lawful court. Where is justice. There two judicial systems in Zambia for the powerful and the hopeless powerless. ZP show way

  86. # 103 Daltso u are right I always skip Research somthings comments coz they are indeed boring. Thanx someone noticed. plse take criticism positively. u contribute a lot and it wud be pointless not to read yo comments

  87. The question is why the rush in appointing Dora….? Looks like she was advised by the appointee or an insider to appeal, so as to get it over with and get the new potfolio…Get it..!!

  88. This is ridiculous.I believe 1 or 3 JUDGES from the supreme court sat on the tribunal & a lower court judge now says they were wrong,how S.T.U.P.I.D!!
    ..and where are Banda & Siliya’s morals,i think it’s time to kcik them out,this time i don’t care even if it’s Sata who takes over as long as MMD goes,i think they take every citizen of Zambia for a laugh!

  89. #122 You might want to polish up on your legal knowledge that seems to be non existant. The AG is not an enforcer and never has been. The only people that enforce are judges after a case . the AG is just a simple lawyer but the only difference is his title and his client (government). Your misguided assertion that the AG is an enforceer begs ignorance on a gargantuan scale. AG’s are for advice if that advice is not taken the AG passes on that wrong to the judges to enforce , the AG himself has no power to enforce. Also for your own information a tribunal is a trial(quasi trial) and they were witnesses. Next time do your research before you make yourself look silly

  90. #130 Slumdog Shalapungu
    Sad to say #122 Musi is not alone in this thinking. Even the green behind the ears lawyers at the Post and possibly a million of their readers believe this farce.

  91. #131 Your are mistaking journalists at the post for lawyers. I am not even a lawyer yet I could easily see through this thing tha Dora was not in the wrong . A lot of people that are disgruntled are disgruntled because Dora siliya did something morally wrong but that doesn’t amount to guilt under the law. When something is wrong to you it can only be convicted if it’s explicitly stated it’s wrong. Mass protests and opinions cannot change the truth. The saint you are in the Uk and am sure you remember how tony blair discarded the AG’s advice on not to go to war, did you see tony blair in court?. same thing just different countries

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