FORMER minister of Transport and Communications William Harrington wants the High Court to determine whether former minister of Tourism and Arts Sylvia Masebo gained pecuniary advantage when she fired five Zambia Wildlife Authority (ZAWA) managers.
According to an affidavit in support of an ex parte summons for leave to apply for judicial review, Mr Harrington said he is dissatisfied with the findings of the tribunal that was set up to investigate the alleged professional misconduct of Ms Masebo.
The tribunal found that although Ms Masebo had no authority to dismiss the officers, there is no evidence to show that her conduct resulted in her acquiring pecuniary advantage or assisted another person to acquire pecuniary advantage.
The tribunal said that while it accepted that the new officers were entitled to remuneration, the tribunal found that their remuneration is not the kind of pecuniary advantage envisaged under section 4 (c) of the Act.
There was no evidence before the tribunal that the dismissals were specifically for the purpose of creating vacancies for the new officers to be employed. Consequently, it found that the minister did not breach section 4 (c) of the Parliamentary and Ministerial Code of Conduct Act.
Mr Harrington says the tribunal should have found Ms Masebo in breach of the Parliamentary Code of Conduct Act for assisting another person to acquire pecuniary advantage.
He said this is because the new officers who replaced the dismissed management at ZAWA were entitled to remuneration, which in itself was pecuniary advantageous to them arising from Ms Masebo’s action.
Mr Harrington also wants the court to determine whether or not there are various classes of pecuniary advantage acquisition, which would be said to be misconduct on the one hand and not on the other.
In November last year, acting Chief Justice Lombe Chibesakunda appointed a tribunal to investigate the alleged professional misconduct of Ms Masebo.
The members of the tribunal were High Court judges Royda Kaoma, Enerst Mukulwamutiyo and Chalwe Mchenga and held sittings from February 24 to March 11, this year.
Tribunal chairperson Justice Kaoma last month handed over the report and findings of the tribunal to President Sata in which the tribunal cleared Ms Masebo of being in breach of the Parliamentary Code of Conduct Act.
They should just marry
This mecenary representing the hunting safari cartels must be taught a real lesson by the courts and put this matter to rest. At his age being used like a rag is really shameful.
Chinyama just teach your people to respect the law, and follow procedures which is foreign to your people, Harrington knows his rights and he is just exercising his rights
It shouldn’t have gotten to this place had Masebo followed procedures, she is lucky if she was in a whitemans’ country she would have been jailed and doing time by now,
Perfect imperfections. Lets see where this cases finally come to rest.
I stand to be corrected, their was mention of Chibwi safaris (during the Tribunal hearing owned by Esther Phiri’s husband) to which Masebo told officers to proceed and issue concession licence as she would take care of that. Isn’t that a P-advantage too?! Maybe am lost , someone Explain please.
But why does he just go after female Ministers? First it was Dora and now Masebo. The women Ministers should beware… It could be one of you next.
IWE CHI HARLINGTON NDEKELA UMUKASHI WANDI, AM NO LONGER ENJOYING A BGOS OF YO DISTEBANCES KAPULII KO,
Aha! So the case was closed? I have actually been waiting because I thought she would be found guilty….. now that explains why she was fired! Instead of jail they some how managed to dribble us a trillion times ! Hihihihihihihi, funny but not PF is well organised, nowonder they are still on and trust me, there was evidence enough to convict miss Masebo. Now I know they will even be back in 2016! Thats why Dora is now joining the group, if you cant beat it, join it!
nankwe nankwe
Harrington, please and again i am not a fan of anything PF but how honestly can there be pecuniary advantage to Masebo if your argument is the people employed after the others were wrongly dismissed were getting a salary. Was the salary going to Masebo? Harrington, you are a good man but do you know that Zambia is 752, 000 square kilometers with arable land. Anything can grow-Bananas,tomatoe nefya shala, Come on man.
”it found that the minister did not breach section 4 (c) of the Parliamentary and Ministerial Code of Conduct Act. He waited a tribunal it was given to him. Again Harlington has gone to court. Is he running away from paying Masebo. Just pay her you started it.. you knew very well you cant fight the government of the day
Well let’s be very clear she may have stepped on few people s toes to get there what goes around comes around, Mr Lubinda may have just done a better job but with politics it surely is a survival of the fittest.