The Young African Leaders Initiative (YALI) is calling upon the Attorney General and the Law Association of Zambia (LAZ) to help Government interpret provisions of the ZAWA Act No. 12 of 1998 in the way and capacities members of the ZAWA Board are appointed, as this borders on the government’s ability to uphold the law.
YALI is not surprised that Mr. Kabimba tasked his party functionary responsible for Media and Publicity to clarify matters that boarder on operations of his Ministry.Most of these cadres do not need to take time to read the law before issuing statements that ordinarily would not be issued by qualified personnel from the Ministry.
The Attorney General and other professionals from the Ministry are better placed to give advice and discuss the current appointment of Mr. Kabimba to the ZAWA Board if that appointment is indeed for the representation of any member from his Ministry.
Kabimba misinterpreted ZAWA Act
YALI maintains that the ZAWA Act does not provide for appointment of proxy members such as the Ministry of Justice as an institution to the ZAWA Board.
The powers vested in the Minister of Tourism under Part 1 of the Schedule, Section 1(1) must be read together with provisions of Section 3(2) on how the office of a ZAWA Board member becomes vacant.
There is no doubt that the Ministry of Justice as an institution cannot die, cannot be adjudged bankrupt, cannot mentally or physically become incapable of performing duties nor can the Ministry be convicted of an offence.[pullquote]
we remain totally opposed to Ministers and Members of Parliament being appointed to statutory bodies such as ZAWA, National Sports Council of Zambia, Zamtel, ERB
[/pullquote]In effect, Ms. Masebo seemed to have been on firm grounds that she appointed Mr. Wynter Kabimba, the PF Secretary General “as a member to represent the party in order to influence the PF vision in ZAWA as he is a lawyer in wildlife policy and law.”
We wish to remind the PF Media and Publicity Director of provisions of Section 4(1) of the Schedule for a nominated member, in this case Hon. Kabimba, to nominate another person from the Ministry when he is unavailable to represent him in his stead as a member and not necessarily the Ministry of Justice to attend the meeting of the Authority.
Section 4(1) of the Act provides reads:
“Where a member if for any reasonable cause unable to attend any meeting of the Authority (ZAWA Board), the member may, in writing, nominate another person from the same organization to attend such meeting in that member’s stead and such person shall be deemed to be a member for the purpose of such meeting”
Notwithstanding provisions of Section 4(1), the ZAWA Board can, by provisions of Section 5 of the Schedule invite or appoint any persons who are or are not members of the Board to perform functions it deems fit whenever a certain level of expertise and input is needed.
YALI therefore maintains that it is Mr. Kabimba who has been appointed to the ZAWA Board with an ability to contest the Vice-Chairmanship at ZAWA in line with the ZAWA Act and to also nominate another person from the Ministry of Justice to attend the meeting when he is unavailable.
If indeed the position of the PF Media and Publicity Director Chanda Mfula remains the position of Government, then YALI wonders why President Sata must retain Ms. Masebo as his Minister when she could lie to the nation about this appointment. President Sata must be worried that either Ms. Masebo or Mr. Kabimba is lying about the appointment of the Justice Minister to the ZAWA Board who, as a matter of hierarchy, is able superior to the Tourism Minister.
We wish to clearly state that as an organization we remain totally opposed to Ministers and Members of Parliament being appointed to statutory bodies such as ZAWA, National Sports Council of Zambia, Zamtel, ERB, etc as these ministers and MPs will have conflict of interest when Cabinet and Parliament are to supervise, scrutinize and debate operations of these bodies. We believe President Sata has the capacity to turn the tide around where MPs and Ministers are being appointed to various bodies.
Signed
Isaac Mwanza
Governance Advisor
YALI speaks sense but now the challenge is for LAZ and AG to interpret the law. There is no way Ministers can be lying in broad daylight and the President remains mute. Is President Sata aware of the conflict of interest even when he himself appoint Ministers to these boards? Where is Fred Mmembe’s Post at this time? If this was under RB, Mmembe as a lawyer would be the first to publish and criticise such appointments.
Mm’embe cannot criticize the PF government as his livelihood depends on PF.He has been given many lucrative contracts such as haulage,GRZ adverts and sales of his newspapers as it is compulsory for GRZ departments to buy the Post Newspapers.
With you, boss. I dont know why this gov’t thinks we have not been schooled coz whenever they are found with fault, they change the vocabulary in the prior statement, bt we can’t be fooled. There are other people who can offer something to country, not a piece of Summer Kabimba in every board
ZAMBIA OR INDEED ZAWA DOES NOT BELONG TO THE PF AND THEIR BOYFRIENDS OR GIRLFRINDS. OUTOU 14+ MILLION ZAMBIA, YOU MEAN SHE COULDNT APOINT ANY PERSON UNLESS HER BOYFRIEND?
Data bwenzi… these guys cant fathom simple calculus. The issue as rightly put by YALI “Conflict of interest”. How do you expect Kabimba to condemn over expenditure of ZAWA in parliament when he was part and parcel of the doing? Bashi Mulenga shi loleshenipo apo mwee.
Where is Transparency International and those who were keeping the MMD in checks? Are they afraid to speak out for fear that the Big Man wont give them jobs or because Winter and Mmembe are their friends. Let us call a wrong, a wrong. The appointment of Ministers to Boards stinks and reduces levels of accountability among these boards for the same board members become the very person who scrutinises wrongdoings or approves reports. This is a danger to good governance. PF has lots of learned persons and its time ba Sata begin to involve everyone in running this country. Big up YALI!
There is no doubt that YALI speaks sense. Wish these other orgs can also learn to fearlessly speak out. Why did President Sata and the PF cheat us like that. Now they are sharing jobs amongst themselves while most of us who voted and well qualified are just being told to remain patient. Come 2016, i will not vote anymore
And how do you expect Kabimba to report to a PS at Tourism ministry as the board reports to the PS. Just confusion of its highest order.
I wonder where mmembe is with his LLB to hint to his friend summer, on the confusion in law he has commited with misebo.
Boys are now talking like men and men have stopped reasoning. This is what we going thru pa zed. Kabimba is behaving like he isnt a lawyer and surely how can he asks his PF cadre to clarify government business. Anyway, this is getting to be a habit. Even Fred Mmembe himself has joined groups of persons who speak on behalf of Sata and PF when PF has the Chief Government Spokesperson. That said, do u think Sata is capable of demoting Masebo? Our President likes confusion and this confusion among his ministers is benefiting him a lot. He does not even take advice from anyone. So these calls will land on deaf ears. The solution is, LET US NOT WASTE TIME VOTING AGAIN IN 2016.
Do not boycott the 2016 elections. Instead vote enmass for change.
well aticulated, indeed Zambia has a bright fiture with such Analytical Young Leaders in YALI… Hope PF/GRZ study before commenting
Hi, just wanted to say i liked this article.
Spot on YALI!! A corporate person like the Ministry of Justice can never be a board member. We are not stupid!!
Extremely good art, finally found the spot pertaining to enticing textures Riverside County California Lawyer http://shanefilan.info/?p=371