GOVERNMENT has asked National Democratic Focus (NDF) president, Benjamin Mwila’s company, Wade Adams to reimburse all the money advanced to them for the failed K80 billion Mumbwa-Landless Corner road project.
According to the Road Development Agency (RDA), the Mumbwa–Landless Corner contract was signed on December 3, 2010 and Mr Mwila’s firm, Wade Adams, was advanced K11.5 billion with a performance bond of about K8 billion.
And the Government has said that former leaders who are suspected to have openly stolen from the public coffers would be arrested and prosecuted.
Information, Broadcasting and Tourism Minister, Given Lubinda, said at a Press briefing in Lusaka yesterday that Mr Mwila’s company should pay back the money because he had failed to perform his contractual obligations. He said it was wrong for Mr Mwila to suggest that there was tension in the country.
“I do not have the figures yes, but Mr Mwila must be able to tell you that his Wade Adams company was contracted by the Rupiah Banda government to do part of the Mumbwa –Landless Corner Road along with a Chinese company.
“Mr Mwila’s Wade Adams was supposed to have started from Landless Corner, the Chinese company was supposed to have started from Mumbwa. Whereas the Chinese company has done 40 kilometres, almost completing their contractual obligation, Mr BY Mwila’s Wade Adams has not even
started.
‘That is the reason why this responsible Government has asked him to pay back the bond that he issued at the time of getting the contract,” he said. Efforts to get Mr Mwila for a comment proved futile as his phone was not reachable.
Mr Lubinda said all those who had failed to execute Government contracts for which they were paid would have their contracts terminated irrespective of whether they cried foul or not so as to save the country from losing money.
“Mr Mwila was instructed to reimburse the Government money advanced to him for the construction of the Landless Corner road which he failed to even start. This does not mean there is tension in the country,” he said. The minister, who is also Chief Government spokesperson, said it was sad that people who had been questioned by the police together with their lawyers were accusing the Government of engaging in a
witch-hunt.
He pointed out that Government would not be swayed by “some cheap defensive mechanism.” “Former leaders who are suspected to have openly stolen from the public coffers shall be arrested and rosecuted.
‘We encourage our law enforcement officers to continue with their noble task of unearthing all the dirty criminal scandals that were engaged in by some of these common criminals who used the veil of leadership to loot and squander people’s resources,” he said.
Mr Lubinda said it did not imply that there was tension in the country when law enforcement agencies question former leaders of misconduct which included the suspicious sale of Zamtel, the acquisition of large fleets of motor vehicles, thousands of bicycles, motorised bicycles and burying of billions of Kwacha in the ground.
Mr Lubuinda said the PF Government was a responsible one, was not vindictive and one that did not believe in any form of retribution. He said the likes of Mr Mwila were encouraged to go about their lives freely without fear of victimisation by the Government.
Mr Lubinda said at no time did President Sata stop respecting his predecessors in the execution of national duties and that the president would continue to bestow honour on all those who served Zambia in various capacities before him.
“A leader whose only preoccupation was to loot from the poor cannot be respected. A leader who goes about insulting their former spouse in public cannot be respected.
‘A former leader who fails to fulfill his contractual obligations to the Government through Government contracts cannot be respected,” he said.
Meanwhile, Mr Lubinda has warned former president, Rupiah Banda against engaging in active politics as he would lose his retirement benefits.
Mr Lubinda’s remarks come in the wake of Mr Mwila’s advice in his advertorial that the MMD should allow Mr Banda to be the party’s president for another two years. And Mr Lubinda has said Government had no regrets over having registered its apologies to Angola over the previous government’s engagement in that country’s internal partisan politics.
“We did not have to hide behind national pride so as to avoid tendering our apologies. We instead chose to do what we did for the sake of contributing to good neighbourliness and global understanding,” he said.
[Times of Zambia]
Please pay … and while we still at it, XAVIER CHUUNGU you owe zambians millions in dollars, please also pay. We do not want selective prosecution ……
Of course he will not pay.
How juvenile is this?
Why not castigate the people that awarded him the contract , they are the ones who should be accountable for this. In his eyes he was merely receiving a contract that he thought he could execute. They need to question the people that awarded him, It does not take rocket science to figure that out.
To question BY and ask him to pay is a scandal and another nail in the coffin to the people I have always questioned have no soul, will and courage to lead this country. They are lost
Thanks
I think there are two Mushota’s blogging on this site, i just read a blog by “YOU” on the Austin Liato thread and it’s either someone is pretending to be “YOU” or you have a serious case of split personality!!! the tone and the grammer are totally difference.
The man should pay and those awarded him the contract should be investitgared too.
Pa PF ubusushi ubo tatulefyaya. who terminated the contract? you are just too unpopular thats why people cant turnout and vote barely less than 90days. You are the ones who terminated the contract and therefore bare own costs. MAFIYENU
You sound like one of the looters
Tawakwata amano iwe mwaa, bakolowe banobe baiba and you put the blame on PF, its true you are one of the looters
80 Billion can’t even fit on my calculator screen. It’s not a small sum of money
Yazanda nomba. Next Kavindele and his rail contract! No wonder they suddenly became RB`s hung-ons.
Where is Capitalist na Bootfimofimo mwebantu?
i can also see this going nowhere. The only thing that goes somewhere pa zed is tax payers money going into politicians, their business partners and relatives pockets. KATWISHI!!!!
@Alinase#4. The world over delayed and bye elections just don`t appeal. Go and do a research you thick head! Toot toot toot!
When is the PF going to start caging these thieves? Cage them please and Tongas who are really allergic to corruption and thievery will start voting for the PF, otherwise forget.
TEST case for seriousness of the PF government. Let us watch how this case will proceed. Thank you.
Us clever ones are not focusing on these investigations. We’re patiently waiting for more money on 23 december!!!!!\:d/
But all the mney is buried you tool! It`s germinating! So 23rd December will be like another 4 years.
Us the clever ones didn`t buy into that and that is why we still voted pamaka.
The amount given above is misleading, the amount advanced was K11.5bn of which K8bn was performance bond. K80bn is the total value of the project so why should he pay back what he was not paid??? LT do not think like the dim-wits at Times….having said so, the amount advanced should be accounted for and if not, a re-fund is in order.
You are right am also mixed up,because K11.5bn + K8bn=K19.5bn.please seriousness is needed when giving a report.
GRZ should be careful with how they handle these contract termination issues coz they might end up paying BY more money..the problem is they are making everything political..
They will cash the 8 Billion performance bond, but B.Y needs to pay the remaining 3.1 Billion….or else he looses his Graders and Buldozer
Ba BY just pay, nga chashupa ask your fellow vuvuzelas chanda chimba, Lifwekelo, Chifire, Edward Mumbi, Siulapwa, Thabo Kawana, Chimumbwa, Kalonde, Lukuku among them to help you, we know they still has some change left from their regrettable documentaries. Thats why ubupuba tabwawama especially wemuntu nga uli mukalamba nabana walikwata and you allow yourself to be used like that.
THESE GUYS KNOW EACH OTHER VERY WELL. THE THIEVING MONKEYS. AND DON’T BE SURPRISED, THEY ALL COME FROM NORTHERN. BIRDS OF THE SAME FEATHERS. PLUNDERERS. ZAMBIA WOULD HAVE BEEN FAR BY NOW WITH ECONIMIC DEVELOPMENTS IF IT WEREN’T FOR THE WRONG PEOPLE AND TRIBE RULING ZAMBIA SINCE INDEPENDENCE.
Lets see:
KK – Malawian. FTJ Suposedly Mambwe but we all know that Congolese Kafupi was his father. LPM Lenje, RB – Chewa MCS – Aushi. I wonder what would happen if a true Bemba from Mporokoso sets foot in state house there!!!!
KA MUSHOTA, THE ISSUE IS NOT ABOUT AWARDING THE CONTRACT TO BY. IT IS ABOUT MEETING HIS CONTRACTUAL OBLIGATIONS.
PLS UNDERSTAND.
I NOW DOUBT YOU BEING ACCA & CIMA GRADUATE.
We thought Liato was the biggest crook around, now we know better… he is just a baby compared to these grandmasters of theft!
#3 Mushota’s comment is alright.
#14 Kazman is right too.
A contract is binding and has recourse if things go wrong. The govt has no right to be involved unless they are party to the contract. Even so, the contract stipulates dispute resolution and is governed by a law jurisdiction, which may be the Zambian Law in this case. PF is playing politics. But they may end up paying BY. They should leave this matter to the parties that signed the contract and the courts of law.
It seems PF are a lawless people.
I am sure that contract had a performance clause which BY abuse seeing that he was freinds with the big fish. now when that performance clause is not met the contract becomes null and void.. it’s that simple let the old man cry as much as he wants he’s going no where.! if he want pay back that money Wade Adams assets must be auctioned off, and if they dont cover the cost then the vail of incorporation must be lifted and BY’s personal assets seased as he knowingly acted in a manner that deliberately compromised the operations of his company… ANY Jim and Jack with first year commercial law knows about the procedure.
# 17 Truth. You may be tribalist. Are you? Be honest with yourself.
Tribalism will not develop our country. It’s primitive thinking.
#17 TRUTH – I thought Liato is from Western province? Please it is boring when we reduce every discussion to tribes. Let us enjoy being Zambian at least once in a while. Going to tribes is the cheapest and easiest thing to say and should be exploited by people who do not have much to say. If you don’t have anything to say atleats crack a joke about it. Mushota has been very effective in that sense…
BY is Bankrupt, wade adams is a finished company,it was very suprising how pipo thot wade adams can do a road of that magnitude. B Y has never being a businessman but just a crook, when MMD came into power he made himself rich i.e Chibote group of companies ,investment holdings etc,but where are they? Even if you where to give him U.S.$ 1 Billion he can`t finish that road to the standards as other companies are doing. The only thing we need is for BY to be used as a state witness to the said contract as cuz we all know wade adams have never done a road before and do not have the capacity to perform a big contract like that. Mr Benjamin Yoram Mwila is finished both politics and business wise..Hope he does not spend his last days on earth at Chibokaela.
Bushe how is the amount advanced utilised? Is it banked? No! So how can it be paid back? It was not BY who terminated the contract, hee? Emotions in motion!!
My friend it seems you do not understand the law of contract. None performance by one party renders the contract null and void.. BY failed to perform, by so doing BY terminated that contract a long time ago, the formalities were not instituted because of Rabid Blunder (RB).
I agree with #20 its true that to every contract or agreement there is an MoU that governs how things will go in the event where things go berserk. In this case I do not understand how BY can just start paying back to government when this government was not part of the agreement. I am sure BY has documents to support the agreements he made with the previous MMD government and he would stand by that. I can see PF government paying BY a lot of money for mishandling the case. Its true its like PF is full of lawlessness people and this includes the head of state. PF bola panshi before you even loose straight forward cases. Disgusting. I end here!
Eish IGNORANCE at its best. BY did not enter into contract with the MMD party, he entered into Contract with the governement. it’s like a supplier getting a contract with either Mopani or KCM you sign the contract with the mine not the person signing on behalf of the mine. and what happens if you fail to delever at Mopani do they keep you on indefinately??? After a year the man failed to grade a 15 KM stretch and the Chinese have done 40 KM’s that alone is a breach of contract by None performance. every contract has performance targets… Let the old man cry he’s going no where with this.
Number 13, I agree with u . BY must pay back K3.5 billion assuming that Rupia did not pay in full before works even commenced. The MMD administration had no integrity whatsoever!! They were NOT FIT to govern people. And yes this a TEST for the current gvt. If this matter is not hundled properly they will loose the peoples support because they were voted into office so they could correct such.
Bafikala mwapia tuleisa…….
This is why I always that Zambian laws are fake,they are there only to protect and benefit rich people and politicians. How in the world can the government or country award contract to people who are known to have stolen money before or atleast broken the laws of the land before? In this case BY did not deserve this contract because he has a history of stealing money when he was defense minister in MMD. so with such history he cant be near government resources, thats why in western countries they do background checks when you apply for a job, but in Zambia kufilila mumsenga and at the end poor people continue suffering.
Zambia has been ripped from left, right and center by its own people entrusted with power to run the affairs of the country. Greedy is bad, MMD failed us.
No wonder this stupid man was talking abt tension, he knows he is in trouble.
Its the faulty of RDA for advancing the contractor more money than the value of the performance bond. Besides this tendency of advancing the contractors money to start the projects is wrong. Let the contractor spend first then pay them later when they submit their payment certificate. Encourage Contractors to borrow from banks .
deleted as per request
Sorry guys I am not saying that BY is a clever thief who may not be cornered NO. My point is this guy should pay back all the cash since he has done nothing so far. How come the Chinese did their part and he is still enjoying the cash he got without having done nothing. Just cage the thief as soon as possible. How does he get all the money without doing anything. Just cage him yesterday. I don’t think any sane lawyer can support this thief. I end her!
Anyone seen Bootfimofimo and Capitalist mwebantu?
RDA are at fauty here,they have not terminated the contract instead they would have made sure that this stupid fool mwila and his company moves on the site and start work
these Tonga chaps are indeed jealous pipo, Y not just ask him to do the road to the agreed construction standards. That’s why HH no matter how good he might be, he ll never b our presido……………..
Viva BY
Woke up Lenje people, Shikapwasha can not help you, that is the more reason you should now vote for PF, they will complete your road, nchnchinenche, bana mukuni bakalimbwa lukuni. Speak up do not just drink beer, bamanduna. BY wamwipila mali mutolasha.
The rot starts at RDA. This BY company has no experience in road construction. It’s major business is supplying beans to boarding schools. The company has no equipment, no qualified personnel to manage the works. How on earth were they awarded the contract?
There’s need to review the tender to check why this fake company was favoured by those corrupt chaps at RDA.
A contract is a legal document agreed between parties, in this case WaDe Adams and RDA representing the govt. When one party does not perform his duties on the contract, the other party can discharge him for non performance. In most cases, the remedy to the victim is to collect the bond from the bank, insurance etc. The courts can award damages and instruct bailiffs for to recover the damages by selling his assets. I find it strange that the govt is asking him to repay K80bn when he didn’t move on site. If he did some works, the court will ask RDA to pay Wade Adams on Quantum Meruit, ‘as much as he has earned.’ The Govt need to trade carefully on this one, its a mine field.
There is nothing entrepreneurial about B.Y’s companies, this mosquito just relies on GRZ contracts via his sham companies. This chap has been around since UNIP days (remember the BOZ scandal of the 80s), made billions as defence minister under Ka Chiluba via defence contracts and nobody can put him behind bars NOBODY as he has so much sh1t on everyone past and present. Most of his business partners in this big contracts have mysteriously past away…. God knows why he is still alive wonder what ARV drugs he is taking. Zambia will never develop with dinosaurs like B.Y around, we will never enjoy ultra modern facilities with likes of these shady characters.
You can complain all you want but I can tell you this: come next year B.Y’s sham companies will be up and running chewing GRZ contracts and Sata ain’t gonna do jack. KK tried to close him down but failed who is Sata, this guy BY practically single handedly funded these MMD chaps back in the day.
#2 wabe Chinyo
# 39 39 UKO says:
Tue Nov 29 at 3:16 pm, HAVING VERY LITTLE LEGAL KNOWLEDGE IS MORE DANGEROUS THAN HAVING NONE! YOUR DEFENCE AND SCARE TACTIC THAT THE GOVERNMENT MUST TREND CAREFULLY AS THIS IS A MINE FIELD IS UTTER RUBBISH. A CONTRACT IS BINDING BOTH ON MERITOUS PERFORMANCE AND TIME. IT IS THEREFORE OBVIOUS TO ANY LAYMAN THAT DESPITE WADE ADAMS RECEIVING ZMK3.1 BILLION AND A PERFORMANCE BOND THEY HAVE ALREADY ABROGATED THE TERMS OF THE CONTRACT WITH RDA. RDA IS FUNDED BY THE GOVERNMENT USING STATE/PUBLIC RESOURCES AND IT IS IMPERATIVE FOR THE NEW PF GOVERNMENT TO BE TRANSPARENT SO THAT MANIPULATORS OF BY MWILAS’ CALIBRE CANNOT GET AWAY WITH DEFRAUDING ZAMBIANS AGAIN. BY MWILA HAS COME FAR IN MANIPULATING SUCCESIVE GOVERNMENTS, THIS TIME HE WILL NOT HAVE IT EASY|! VIVA PF, VIVA!
You are forgetting that we are talking about Zambia here. Have you considered whether the guys who awarded the contract, thoroughly scrutinised BY in terms of capacity to perform? What has he done before. All these are GRZ officials awarding contracts and you expect the courts to be symphathetic for GRZ mistakes? Am not a lawyer but am stating the obvious here, whatch this space.
Yangu eeh.
No 4. You are denying the chance for your brain to think. You must be living in venus. Out of touch with reality. I pettey you. The best for you is not even to comment on topics you are not conversant with. Mule isebanyafye. Bushe nakumangalande kwaliba ubukopo bwaso.
mwila abandoned his nashala neka party, joined rupiah to get that contract. he is a turncoat without morals. his boss rb is gone . just payyyyyyyyyyyyy backkkkkkkk the moneyyyyyyyyy ba bwanaaaaaaaa. u are just like sakwiba who ditched his party to join rb & now he is proving himself to be a dull lawyer who defends any thief from mmd.
You were walking around claiming to have money. Please pay back to show that USD 16Million means nothing to you!
# 43 You are forgetting that we are talking about Zambia here. Things are done without thinking. Have you considered whether the guys who awarded the contract, thoroughly scrutinised BY in terms of capacity to perform? What has he done before? All these were GRZ officials awarding contracts and you expect the courts to be symphathetic for GRZ mistakes? Am not a lawyer but am stating the obvious here, watch this space. This is how the country loses money due to stupidity of its officers. I doubt if this guy can pay back through a press statement on ZNBC.
Minister let AG call on the bond and then pursue him for the 3 billion kwacha….
Who in the PF govt is pursuing fraudstars, thieves and other offenders? Its on record that ordinary PF supporters have arrested individuals and removed govt officers. Mr Lubinda is also pursuing Ilunga Katanga B. Mwila but thief Liato is still at large. Confusion, confusion and confusion lets be systematic. Mutangelwa Imasiku a wanted fugitive on espionage in Namibia and Botswana is now appointed ambasador to Angola. Another confusion and Lubinda calls that good neighbourliness and global understanding, my foot! toot toot toot. What a joke baked by Kabwilili. PF in trouble! fanning distabalisation in neighbouring countries.
Give Lubinda a government contract, he will not finish it,not even starting it. That is the reason why we need chinese
We know that Sata and BY don’t like each other and that should not the basis of settling scores with BY.
KEEP ON SWEEPING COBRA SWEEP THE DIRTY MR PRESIDENT HH IS NEXT.
some of the above comments are full of legal ignorance…
the contract was NOT between MMD and BY’s Company, it was/is between ZAMBIAN GOV’T (THE STATE) and BY’s Co. The indiduals who signed the contrract did it in capacity as the State and not as indiduals or as MMD. The PF is now in the GOV’T and did not terminate this contract as PF but as Gov’t/State.
So those arguing that the termination was and is supposed to b terminated by the previous Gov’t are really ignorant… guys u dnt knw wat u r talking abt… sori. in wat capacity to they have a say over the contract???? dalu DALU DALU
By the end of the day ba fi kala will not recover this money, why then are you telling us? Lubinda we are not intrested in those stories, go and collect that cash then come and inform us. its like shouting thief thief thief whilst you are standing instead of chasing the thief. i see you becoming anather Shikapwasha vuvusela.
IT IS UNFORTUNATE PF GOVERNMENT CAME LATE IN POWER, IF PF LOST ELECTIONS THIS COUNTRY COULD BE THE POOREST COUNTRY IN AFRICA, MMD
DID NOT CARE ABOUT PEOPLE WHO ELECTED THEM IN POWER, THERE WAS WAY I WOULD HAVE REDUCED OUR PRESIDENTS YEARS OF AGE, ALL THESE REVALATIONS WE ARE SEING ARE AS A RESULT OF HAVING A PRESIDENT WHO CARES.
RB MUST PAY BACK THE MONEY.
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