Wednesday, April 24, 2024

Chief Justice Mambilima refuses to probe Siliya over Maizegate scandal

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Vice President inonge Wina with Chief Justice Ireen Mambilima
FILE: Vice President inonge Wina with Chief Justice Ireen Mambilima

Chief Justice Ireen Mambilima has refused to set up a tribunal to investigate Agriculture Minister Dora Siliya’s alleged wrong doings in the Malawi Maize scandal.

This is after UPP President Savior Chishimba wrote to Justice Mambilima’s office requesting that she sets up a tribunal to probe Ms. Siliya’s dealings.

In a letter addressed to UPP President Savior Chishimba and released to the media, Justice Mambilima said she has refused to grant the request because she sought the assistance of an unnamed investigating agency to assess the probable cause.

The other reason is that Justice Mambilima has been advised that the corruption allegations on the part of Ms. Siliya have been investigated and there is no evidence.

But Dr Chishimba said the response from Justice Mambilima is not supported by any provision under the Parliamentary and Ministerial Code of Conduct Act, Cap 16 of the Laws of Zambia.

He said the Chief Justice misdirected herself to seek the assistance of an unnamed investigative agency as the power rests with the tribunal and not the Chief Justice, under Cap 16.

Dr Chishimba said the Chief Justice’s role is to simply notify the President and the Speaker about a member who is placed under probe.

“The Chief Justice’s mandate does not go beyond receipt of the particulars of the breaches and appointment of a three-man tribunal. The Chief Justice cannot be told about any other evidence before the main evidence of the petitioner is heard by the tribunal during the probe,” he said.

He charged that the Chief Justice has illegally decided to take a route which is clearly ultra vires Cap 16.

“The alleged corruption was between officials in two countries. On the strength of the UPP evidence, three separate investigations in Malawi named Hon Dora Siliya as the facilitator of corruption.

We have seized the opportunity to remind the Chief Justice that the miscarriage of Justice, which has become second nature to the Judiciary, will not escape the judgment of the Almighty God,” he said.

He said the price of mealie meal remains high in Zambia and many Zambian families are struggling because of corruption and bad leadership.

“The cost of living is rising in face of a Kwacha whose value has declined. Consequently, Zambian workers, the military, civil servants, police and prison officers, intelligence officers and ordinary citizens are failing to balance their budgets. Payday is now a nightmare due to extreme mathematical calculations to balance figures,” he said.

67 COMMENTS

  1. we new what was coming. Mambilima is PF. she has no courage to probe PF. Sorry Zambia, we are crusg landing with our plane

    • WE WILL TAKE ADAVANTAGE NOW AS LONG AS YOU PRETEND TO SUPPORT LUNGU YOU CAN GET AWAY WITH ANYTHING NOW. THANKS FOR THIS LOGIC WE ARE ALL GOING THE SAME ROUTE WAIT A MINUTE. WE WILL ALL START PRETENDING.

    • Dora is not important. Let’s move on guys.
      She was investigated. No maize was shipped out. Case closed.

    • What surprises me is why our opposition parties work in isolation. Listening to Dr Chishimba, Mr HH, Mr Anthonio Mwanza, Mr Elias Chipimo and all the other opposition party leaders, they always speak sensible issues but wait a second: Why can’t they unite and work in unity if they have to correct the wrongs being committed by the PF. The People of Zambia are expecting to be given hope by the Opposition and NOT just rhetoric!

    • The PF has taken advantage of the opposion’s disunity caused weakness. Look at the little Gambia where the opposition parties worked in unity, they managed they remove a Dictator from power – forever. Try it opposition parties in Zambia.

    • Dr Chishimba is failing to inspire even the youth and children in his approach.

      The chief justice does not just hear a person suggesting a tribunal against another and she goes ahead and form a tibunal. There must be resealable cause.

      Suppose I advise you today dr Chishimba that you are corrupt, and that a tribunal be formed, should the chief just say, ‘well, let me form a tribunal against Chishimba because am in receipt of a request’?

      Chishimba, please your are called a Dr, so try to leave simplistic thinking. There is no problem in using simple language to explain, but show that the thinking behind your explanation was befitting a person with the title, Dr.

  2. The whole lungu controlled judiciary is rotten to the core……that should tell you about the integrity of lungu who is supposed to be a lawyer. It’s like having a medical doctor as president but only to find the health services of the country declining…

    The PF entered corrupt deals to finance their election fight against UPND, on top of corrupt deals they bankrupted the treasury..

    • But why do you go there if you know that judiciary is rotten. Also, any case to take to courts must be a win! Even why you have silly grounds?

  3. Edga Lungu has systematically destroyed this country. The judiciary is a very important part of governance and once tampered with that will be the end of a country. Even the bible is very clear on how the judges should use their authority. Zambia has now turned into a cursed country and more bad things are coming our way. I know the PF g00ns will seize this moment to spew unprintables. Things are not getting any better and PF has nothing to show that the country is on the right track. The country is more indebted than ever before and all institutions of good governance have been compromised by this dictator. Lets see what will remain of Zambia by 2021!

    • We already knew that Mambilima was a corrupt PF stooge. This is the same cadre who claimed that because UPND were in the same as she announced the results of the rigged 2015 elections then UPND participated in the rigging. She has a very thin veneer of impartiality atop her PF bias.

  4. Nothing will be left of this country but an empty shell!!!

    The Judiciary is compromised

    An Executive Branch is no longer interested in the development of this country but facilitating corruption.

    A Legislature that is nothing more than a den of spineless half drunk thieves presided over by the most incompetent speaker the country has ever seen.

    Cost of leaving that is slowly choking families and their ability to survive. With a president who wants to lead the life of jet setting lifestyle of celebrity.

    Zambians let us wake up please before it is too late!!!!!

    The country is falling apart right before our eyes.

  5. As she has rightly put it: “The other reason is that Justice Mambilima has been advised that the corruption allegations on the part of Ms. Siliya have been investigated and there is no evidence.”-KEY WORD: EVIDENCE!!!! Gone is the post newspaper era of accusing and harassing individuals just because Fred M’membe deemed it. This is a country of Laws, provide the evidence and she will act!!

    • Be serious please. A minister in Malawi has been suspended based on the allegations made by Savior Chishimba. This issue has got nothing to do with Fred Mmembe and the Post.

      This is about corruption the biggest killer in Africa and the world.

      How many children are suffering because of the high cost maize caused in part by this maize scandal.

    • That scandal was started by Malawian officials and is for Malawi to deal with-that’s why their minister was fired! High cost of mealie meal? have you bothered to find out how the millers are profiteering off mealie meal?? yet you want to blame the government-the government even went as far as giving millers subsidised maize from FRA so as to make mealie meal cheaper but did the price go down?? No, the millers got richer!!

    • @5 Zambian citizen, Don’t you think EVIDENCE was going to be SHOWN AT THE TRIBUNAL? Suppose the the so called Investigating wing “refused to admit” certain pieces of evidence which under our laws could qualify under the Judicial system? IT IS ABOUT THE RIGHT TO BE HEARD AND FOR THE OTHER TO BE INNOCENT TILL PROVEN GUILTY! NOT THIS PREMATURE CONCLUSIONS OF INNOCENCE!

    • as 1.8 Sheldon has put: police and ACC can handle this and prosecute. The problem with anti-corruption in Zambia is it is selective. This problem started with Mwanawasa and his obsession with Chiluba’s corruption that took Mwanawasa nowhere. Instead of investing in a modern well equipped anti-corruption institution like the USA did with FBI in the 40’s, he invested in individuals who had vested financial interest and scores to settle with their perceived enemies. This resulted in the death and loss of one of the finest legal brains Zambia had in the late DPP Mukelabai Mukelabai, who formed the original task force on corruption.

    • If this DPP received the technical, financial and political support that the useless task force headed by Nchito got, we would have a very effective institution. Dora is just hated in certain circles of society hence the euphoria when such nonsense happens from the same people. The PF and Edgar should reorganise and refocus this aspect of security.

  6. That degenerate Chishimba created a fake storm which he failed to prove even before the ACC and he expects us to believe him. What a fo.o.lish character who expected to gain political mileage from this i.d.iotic expose that has relegated him to the rubbish bin of political failures. NO WONDER YOU CAN’T EVEN GAIN A SINGLE SEAT IN PARLIAMENT-who would be st.u.pid enough to wake up at 0500hrs to waste a vote on Chishimba and UPP?? SHAME ON YOU!!

  7. I have always said PF is a bandit organisation without the slightest interest of the people at their diabolical hearts. The country is galloping into total mess at sputnik speed while people are watching quietly while hoping the drunkard will somehow steer the economy to safety. This won’t happen. It’s getting worse by the day. If Zambians don’t rise up enmass against the degenerates now destroying the nation they will be accomplices in the destruction of the once peaceful country.

  8. MAD MAN, THERE IS NOTHING TO INVESTIGATE. IF THERE WAS ANY CORRUPTION, IT MUST HAVE BEEN IN MALAWI WHERE GEORGE CHAPONDA WAS FIRED.

  9. @shadrek,biemba have u ever danced by yourself,,except in the bedroom, ,. Grow up my boy i am not interested in politics just move zambia forward. When u have a transaction even if you are in your bedroom there is more than one party involved. Think you wanker

    • @masamuso, while biemba may not be 100% right, ask why the Malawi government haven’t officially complained to the government of Zambia. DRC complained on Katumbi watching football in Zambia, what about a grave issue like the maizegate?

    • Bravo. In Zed we have all turned out to be zombies who watch bad things happening and with time pretend that those bad things were legally done. We done but not out yet. God right now as we write is convicting the evil doers and those who have decided to give a blind eye to the wrong.

  10. Why mention the military, zambia police etc instead of saying zambians?
    Your complaint may be genuine but to include the security wings is being mischievous.

  11. Purely tribalism and regionalism has been applied on these PF suspects. Look at the shielding of these purpoted criminals; Kaiza Zulu and Dora Siliya among other PF criminals. What sort of the country has Zambia been turned into?

  12. It’s a pity…. is this what has been left of Irene Mambilima. Destroyed, polluted, degraded, corrupted, impaired vision, yes bwana….etc. We are done. Zambia’s landing gear is stuck in mid air! @ 12,500m above ground level.
    MUSHOTA are u seeing chifukwa imwe u supota Chale chikulu PF. Remember u are also in the same plane YET to crash! Your god father ECL is the only one with a parachute.

  13. Provide evidence to her honor the chief justice and she will act. Provide a cause for setting up that tribunal not merely relying on what has been reported. The chief justice can not simply be setting up tribunals because that jim or that jack says so. Do not discredit the honorable chief justice because of your half baked accusations. Prove that by issuing an export permit, Dora broke the law, otherwise shut up!

    • You couldn’t have said it any better! Just because some wanker barks then the CJ should jump and constitute a tribunal. Guys stop discrediting such an honorable woman by dragging her into your perceived personal vendettas! Rubbish indeed

  14. This tells you where your poor country is headed – another Zimbabwe, where elections are merely for formalities, they are already comprised in favor of the ruling, even before they take place. When they are disputed in courts they will still be endorsed by the corrupt system.

  15. Personally I’m no fan of Dora so I think this is not a good decision. If wrong doing was done on the Zambian side heads must roll, if no wrong doing and this is just mere heresy and whatever funds were sourced went directly to paying teachers, nurses etc then Saviour Chishimba should raise other more important issues such as expenditure in govt on non essentials such as allowances and those useless Luxury SUVs!

  16. Zambia a country where courts, prisons are for the poor, those hanging out with officials in the corridors of power are left to continue with their graft committed with impunity. But one day, the poor and the voiceless will have their day.

  17. From Iron lady to pourage lady. Very disappointed with this madam. No wonder she cannot protect the rule of law against illegitimacy and why we have an illegal President

  18. What does it take to be a salaried PF cadre kanshi? All i can see from the above posts is that for one to be paid cadre, one needs to love PF more than ones country, being blind to reality and support everything thing good or bad the party leadership does and becoming extremely arrongant. Evidence should be produced to the investigating tribunal or courts and not the media as purpoted by these brain-washed minions of ECL

  19. It is a fact women have destroyed all the important Institutions of Governance in Zambia! Just look at what is happening to that Ugly Manlook alike Nkote of the Chief Justice Mambilima at the Supreme Court; ConCourt – those 3 useless Ar.sewhores of women; ECZ it’s Lesbian Priscilla Mulenga Isaac running the show; The DEC also run by another useless Nan.yini; Agriculture with Dora, Zambia Open, in Control; ACC former Director Wandi; etc and the list is endless!! Where to Zambia with these incompetent pus.seys around!! FCK them ALL – they are useless!!

  20. Our judicial system has been rotten for a very long time. They is no judicially, A waste of time to go to court..its just a cover up. the judicial department is like a bodyguard for the any ruling party of the day.

  21. Falling on a last huddle of her remarkable career, what a shame! So another issue of public interest will not see the light of day in our judicial system. Does my Lady engage in the pre- investigation of the issue before her before she sets up the tribunal? Which body did the investigations as this case is still active at ACC? the that investigation team interview Dr. Chishimba?Why not allow Dr. Chishimba an opportunity to be heard before an impartial team of judges? Perhaps now it’s the time for Dr. Chishimba to bring out all he has to the public which could be equally detrimental to My Lady if what he has is true and serious.

  22. ECZ – ESSAU CHULU CHAIRMA, IREEN MAMBILIMA CHIEF JUSTICE, JUDICIAL COMPLAINTS COMMISSION CHAIRPERSON PATRICK MVUNGA … MMMMMMMMMM LUNGU DID IT SYSTEMATICALLY.

  23. IS IT FOR THE CHIEF JUSTICE TO INVESTIGATE AND REFUSE TO APPOINT A TRIBUNAL. MUTEMBO NCHITO’S TRIBUNAL WAS DONE AT AN ALARMING SPEED. WHY? NOT IN GOOD BOOKS WITH D BOSS BUT DORA IN GOOD BOOKS WITH THE BOSS SO?

  24. Its no secret that the INTEGRITY of Zambian Judiciary is at an all time LOW.

    Irene Mambilima’s tenure is such let down not only for women, but also Zambia as a whole. Remember when Silungwe acquited Kambarage for killing his Ex-GF just bcoz he was KK’s son? Or when we discovered that Ngulube was a recipient of ZAMTROOP cash from FTJ? Zambian judiciary is a laughing stock.

    The bribery of judges during the lungu vs sampa fight for PF presidency was a start of a new era of mediocrity in the judiciary.

    Our memories of the kangaroo court called ConCourt during the petition. Zambian judiciary disgraced to the entire legal fraternity around the world.

    Then the photo of the joke of a Court Clerk swearing in an illegitimate president LUNGU is still fresh in our minds.

    The…

    • CONT’D…

      The detention without charge or bail of Obvious Mwaliteta & thousands of UPND cadres followed & is still a shameful event on the Zambian justice system.

      Their turning a blind eye on police brutality, the oppression of independent media, corruption within the judiciay, compromised judges etc. have led to some suggesting a complete overhaul of the Judiciary.

      It’s like judiciary have sold their souls to the WEAK, LAZY presidency, just like PF MPs.

  25. Kaili ni Umodzi Ku Chipata! For the same reason Sata refused to retire an incompetent and unqualifies Justice Chibesakunda, neither the CJ or Lungu will sacrifice one of their own. That’s for you Bembas’ enjoy the taste of your own medicine.

  26. Dr Chishimba is failing to inspire even the youth and children in his approach.

    The chief justice does not just hear a person suggesting a tribunal against another and she goes ahead and form a tibunal. There must be resealable cause.

    Suppose I advise you today dr Chishimba that you are corrupt, and that a tribunal be formed, should the chief just say, ‘well, let me form a tribunal against Chishimba because am in receipt of a request’?

    Chishimba, please your are called a Dr, so try to leave simplistic thinking. There is no problem in using simple language to explain, but show that the thinking behind your explanation was befitting a person with the title, Dr.

    • peace for Zambia… “Suppose I advise you today dr Chishimba that you are corrupt, and that a tribunal be formed, should the chief just say, ‘well, let me form a tribunal against Chishimba because am in receipt of a request’?”good question but should the Chief Justice discard your evidence based on unnamed investigation report? At that point the, CJ is cannot be sure as to who is telling the truth between you and the other (investigators). As a compromise she must avail you with the details of the other report, if you are convinced well and good, if not then set up a tribunal to establish the truth.

    • @ 30.1 steve,

      If you have evudence why not take the matter to court.

      Remember, that even you as a citizen you can take the matter to court if you have evidence.

      As long as you don’t go the court and waste the court’s time by hiding in preliminaries because you lack credible evidence.

    • Tribunals are used for investigating a case, not for trying a case.

      If you got evidence the case is court material not tribunal.

  27. A sensible decision in a country where, bringing down the gov’t is daily sport. Opposition politicians should assist the gov’t in making good decisions in Parliament instead of abandoning seating in to protest for being losers in the last elections.

    Dora has nothing to answer for. Malawi should check its processes and adhere to them in international trade. Why should we complain that she managed to get a higher price for our Maize. As for higher costs to citizens, why are people still eating that stuff?

  28. @1.9 Peace for Zambia, naul on the head. I like your analysis. Supposing I woke up one day and reported to the Chief Justice that many years ago HH stole money from privatisation and he must be arrested and probed. And Chief appoints a tribunal. Next day I wake up and write the CJ that GBM

    • That is the thing – if the chief justice were to just act on Chishimba’s command, then we would not need a qualified person – we would just get a lady from chisokone market and turn her into a robot.

      There should always be reasonableness in the request that must warrant a tribunal, not just because ati:

      ‘imwe bantu, Chishimba alila maningi – azadwala; pangani tribunal asiye kulila muntu uyu, mumala muzababa’

      Judiciary siyolelelako bana olo bakulu bayamba kulila.

  29. I like this one “Payday is now a nightmare due to extreme mathematical calculations to balance figures,” he said”. kikikikikikikiki…………………

  30. This is a very interesting case! For the first time in history, we have corruption involving only one party, the Malawian buyer. The supplier is not corrupt but the buyer alone, interesting indeed!

  31. Zambia has gone to the DOGS or DOGS are ruling Zambia. There is no justice in this country. Lawyers and Judges have all been manipulated.

  32. ALMOST EVERY MINISTER HAS BEEN ACCUSED OF SOME MISCHIEF. YOU CAN IMAGINE HOW MANY TRIBUNALS WE ARE GOING TO BE SETTING UP IN ZAMBIA.

  33. It is more like asking a thief to arrest another thief. They are all useless plunderers who protect each other. You can not serve under a crooked administration and still say you have integrity. Time is coming when ubwali bukapwa pa nsaka yaba pf and the political prostitutes we know like Dora will simply jump ship again. Until then its time to enjoy the gravy train with a drunkard on the wheel.

  34. As long as it is PF in Govt. any ruling done by any one is wrong if it does not favour our friends in UPND. Anyway we are now used to it since we know the reason why, that they are not bound to do so unless if it was HH ruling.

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