THE Lusaka High Court has ordered Zambia Railways Limited to pay its former chief executive officer Clive Chirwa damages for illegally terminating his contract in 2013.
Judge Gertrude Chawatama also ordered the Railway Company to pay Professor Chirwa his full gratuity for the remaining part of his five-year contract and other contractual benefits he might have been paid.
The court also directed Zambia Railways to pay Prof Chirwa interest and costs for the lawsuit.
“Considering the special circumstances of the plaintiff’s case, the court has awarded the plaintiff compensation, which is more than the common law award of nominal measure of damages,” the judgment dated May 28, 2020 reads in part.
On 22 April 2013, the late President Michael Sata suspended Professor Chirwa as ZRL CEO pending investigations by the Anti-corruption Commission on allegations of corruption leveled against him.
In his letter to Prof. Chirwa dated April 22, 2013, President Sata confirmed that he had suspended the ZRL chief executive officer due to several corruption allegations levelled against him.
“… I am suspending you from duty and you will be on half pay; and as part of other conditions you will have to vacate the lodge and wait in the Zambia Railways Limited accommodation until the matter is completed,” read President Sata’s letter in part.
“By copy of this letter the Anti-corruption Commission has been instructed to carry out full investigations concerning the allegations of corruption.”
On 9th September, 2013, ACC arrested moved in and arrested Professor Chirwa for alleged Corrupt Practices involving over K280, 000.00 and charged with two (2) counts.
In the first count, Prof. Chirwa is charged with failure to Disclose Interest contrary to section 28 (1) of the Anti-Corruption Act No.3 of 2012.
Details are that Prof. Chirwa, 59, between 1st November 2012 and 31st December 2012 as CEO of Zambia Railways Limited recommended at the Zambia Railways Board meeting that Clavel Incorporated Limited, a company in which he is a shareholder be given a contract to train Zambia Railways employees without disclosing interest contrary to section 28 (1) of the Anti-Corruption Act No.3 of 2012.
In the second count, Prof. Chirwa is jointly charged with Ms. Regina Mwale, 50, and Finance Director of Zambia Railways Limited for Abuse of Authority of Office contrary to section 99 (1) of the Penal Code Cap 87 of the Laws of Zambia.
Details are that between 1st November 2012 and 30th April 2013 Prof. Chirwa and Ms. Mwale whilst acting together abused the authority of their office by authorizing a total payment of K289, 128.84 to Fallsway Apartments of Lusaka for accommodation for the benefit of Pro. Chirwa without following laid down procedures.
In court, Professor Chirwa told the Lusaka Magistrate’s court that he was given conditions by the Anti-Corruption Commission (ACC) in August 2013 to accept the two counts he was charged with of abuse of authority and failure to disclose an interest in order to have the case against him closed.
Prof Chirwa said he was called sometime in August by the ACC to be given details of the Director of Public Prosecutions (DPP)’s opinion and that he went with his former lawyer Yosa Yosa and met the ACC Director of Investigations and Chief Investigations Officer who asked him to accept the two counts he was charged with in order for the case to be closed.
He said he was given four conditions which included forfeiting his terminal benefits, to stop communicating, remaining in the country and apologizing to the Zambians at Mass media on both television and radio for what he had done.
Prof Chirwa said he rejected the offer and told the Director of Investigations that he had done nothing wrong and would clear his name in court and he was then told that they would relay his decision to the DPP but that they did not give him feedback on the matter as agreed.
He further testified that at the time he received a call from President Micheal Sata to come and help run Zambia Railways on October 10, 2012 he told the President that he was busy with the designing of the new Toyota Camry for 2016 but later reflected the discussion with President Sata on the need for him to work for his country.
Prof Chirwa said he later received his offer letter as Chief Executive Officer (CEO) for Zambia Railways which was dated November 7, 2012 but it had no contract on conditions of service attached to it and he was only given the contract letter on February 3, 2013 by the Zambia Railways Board Chairman, Mark Chona.
He said on December 3, 2012 he was received by a protocol officer and a driver from the Ministry of Transport, Works Supply and Communications at the Kenneth Kaunda International Airport and was driven directly to Fallsways Hotel and not Intercontinental Hotel where he used to lodge the previous times when was in the country.
He said the former Minister of Transport, Christopher Yaluma, who later found them there, told Chirwa not to find another place but stay at Fallsway Hotel as it was the best place for him after Chirwa told the Minister that he wanted to bring over his family to Zambia.
He further testified that he was not yet an employee of Zambia Railways but a future CEO when he presented a preamble plan on his vision for the company on December 18, 2012 during a meeting which was attended by board members, the former minister of Transport Christopher Yaluma, his deputy, Panji Kaunda and many officials from the ministry of transport.
Prof Chirwa told the court that in his presentation on the preamble the plan of how to rehabilitate Zambia Railways was not done during a Board meeting on December 18, 2012 as the meeting was attended by many officials from the Ministry of Transport.
He further said he returned to the United Kingdom and was only told by the board chairman through an email on January 11, 2012 that his contract was ready and he came back to Zambia where he signed it during a signing ceremony though the salary was far below what he was getting in the United Kingdom where he was working.
CORRECTION: He was not fired by Sata, Sata was to ill to fire anybody at that time. He was actually fired by One Fred M’membe who was scared that if the Railyway Transport succeeded, M’membe’s truck business was going to die. His truck business died anyway. M’membe’s backed PF was actually very corrupt riding on the back on a President to sick and ill to perform his duties
Of course over time the Post Sata PF has also become brave and dug deep into corruption. We need new hands for sure
THIS MAN CALLED SATA WAS FULL OF NONSENSE. HE WAS AMONG THE WORST PRESIDENTS ZAMBIA EVER HAD,.HE,CREATED ALOT OF PROBLEMS FOR ZAMBIA.EVEN,WHEN HE COULD SPEAK HE WAS FULL OF NONSENSE. A BIG THIEF,CROOK,TRIBALIST. HE WAS SO UGLY LIKE HIS HEART.
This why i will never be a fan of comical, rhetorical fork tongued politicians, because at the end its the tax payer who settles the bill for his wild political tantrums, is this not same with lapgreen?
I wish there is a way gratuity is forfeited to the state when they are removed from power.
Thats PF for you. Nothing Good can ever come out of PF and now they have failed to think and are employing a french company to think for them on how to manage public debt they carelessly contracted. PF should never have been near the center of power. They are absolutely destructive.
The way this poor guy was tried and convicted by the media makes this whole non.sense of Zambian behavior stink! Manje mwazionela and those of us who were insulted for seeing sense in Chirwa’s case were told off — ati nkoyani uko mukudya monse imene shares that he wants! Si apa lelo? Let’s learn to READ fellas. Let’s READ!!!!!! I said it that time and I am saying it now: LET’S EFFING READ!!!!!!
I cried when Sata won the elections and i knew that the birth of pain began right there.
He is a man who was doing things on his own way, not even his wife could advise him for fear of being rebuked. Everyone feared him and that’s sign of bad leadership.
Bally’s government will be a government of collective ideas and responsibilities. Things must be pondered on based on the common goodness of our people.
We don’t want an elephant at cabinet offices and we want a leader who consult and brings solution based on the consensus of his cabinet ministers.
PF must go!
Chirwa will never see a single penny of this compensation.
This PF government has never paid anything back. Ever.
Lap green is still waiting.
Retirees are waiting too.
He may have the last laugh but his experience at ZR leaves a bitter taste in the mouth of many Zambian diasporans contemplating a job opportunity back home.
For me, it’s sad to see how a great development goal for Zambia was lost due to unexplicable reasons – whether politics or corruption. A nation must appreciate the potential of it’s citizens abroad to contribute to national development and bringing in these skills which usually don’t exist in the country should be a major capital scheme for the economy. There are lessons to learn from this anecdote and I hope Prof. Chirwa’s next project in Zambia will be free of disruptive factors.
We know those that scandalized Clive Chirwa and prevailed on MCS to fire him, however, that’s now water under the bridge. The issue here is that if MCS were alive and in State House I doubt whether Clive Chirwa could have gotten such a judgment. This judgement has come after 7 years! This is how the Judiciary has failed our expectations. If Clive Chirwa can only get his judgment 7yrs after his dismissal, how about the many common Zambians that have been unfairly dismissed from employment? This is an embarrassment! Ka Wynter Kabimba told us that he was going to overhaul the Judiciary Kenya-style but he left office without anything. What motivates our Judges? What’s their conscious? Perhaps they can share their challenges so that we assist
So how far is the “subway station project”. Did construction begin?
Where is the money that was supposed to build this Underground Railroad? Is it still there? Ndalama zilikuti?
And the Judge will ask for her cut….corruption everywhere….Chirwa is a known conman…he fooled Zambians a few weeks ago about buses…where are they…..but was busy fighting for his pay in court….looks like he is now looking for retirement package and he wants to relocate back to Zambia
Another cost passed on to Zambian taxpayers due to incompetence and bad leadership of Sata and PF thieves.
Now Chirwa’s bus company won’t be opened by PF.
How this conman convinced Sata to give him a job is beyond me. This guy was teaching at a technical college in Bolton. He used to steal students projects and pass them as his own. He talks big but he is a conman, a fraud!
Our Judiciary for sure, 7 years to deliver judgement and that should be considered normal in this country. And we have somebody presiding over this body. Clive Chirwa is priviledged and perhaps can endure the seven years but how about the common Man who the real proprietor of PF Sata said he came to serve. This country requires a leader who is going to put competent people in these strategic institutions, you cant call this justice, Justice delayed is simply justice denied
Nine Chale – Why do you post article full of nothing tangible but just beating about the bush…are you telling me you dont know why he was removed, you witnessed the development from his appointment to his sacking through to this court …and you are pretending to objective!!
The day Sata won the presidential elections, I hinted to a close colleague that Zambia is heading for its worst period in its existence. My mate disagreed vehemently, saying now Zambians will have more money in their pockets. I reminded him that late president Fredrick Jacob Titus Chiluba and founding father KK said Sata is only good to be led and not lead. They were right but wrong. However, Sata’s legacy is proof the two presidents were right. Late president Levy Mwanawasa resigned from MMD government because president Chiluba could not fire Sata over corruption he was involved. Sata was corrupt through and through. Even his house in Omelo Mumba was corruptly acquired as the house was offered to the sitting tenant. Sata was minister of then and ordered the house to be refurbished as a…
government house. The poor tenant was shaffled elsewhere. When the house was done, Sata issued a letter of offer to himself. That tells you how he treated Prof Chirwa on corruption which he practiced. Let him know in his grave that courts have vindicated prof. Chirwa here.
Maguire – That’s Zambia justice system for you and we have a Chief Justice who is happy to go to the offices everyday…we are still waiting on the Mukula case of Tasila, Lubinda and Kapata by the time judgement is passed it will be 2022.
Chirwa is a typical example of why Africa especially Zambia can never develop by her own people …this guy would have revolutionized ZRL but the Political elite that own haulage like GBM, that transport maize and copper couldn’t let it happen as they saw him as a threat…he is lucky they didn’t eliminate him!!
Was it Kabimba or Mmembe who instigated the dismissal of Chirwa to that lumpen called Sata. See how Zambia is loosing out. This loss and Lap green should silence all the naive people who still think that Sata was smart. They voted for a mad man and we are paying for it now. See these mistakes but the worst was to come. The worst mistake that Sata made was to leave us with the current charlatan in state house who claims to be a lawyer but there is completely no evidence to that. I pity Zambia.
Next we will be paying KCM and CEC all due to silly leadership!!
In previous Administration we used to have Legal advisor to the president. It was for such purpose to avoid future cost implications for bad decisions. Unfortunately, Chirwa will be paid whayevethe case maybe. Whether the government appeal or what. Rhe fact of the matter that was breach of contract.
Wake up call to vote wisely.
Meanwhile PF must go!
I wonder if the government will ever pay this kind of money to one crook. Lapgreen is still waiting and nothing will ever be done. Its too early to smile crooked Chirwa. Where will you get all that kind of money from sir – not this boma kulibe baba. This guy could have connived with the judges to share the loot. I still dont believe that this judgement is fair enough. We all read how cooked this Chirwa is in his bad and foreign accent.
Dsaster!!!
Sata was a nincompoop who contracted the eurobonds for which we will be paying , for chasing lap green for which we will be paying and now this for which again we will be paying. When high on chamba he used to appoint a comedian Ben phiri as a PS just because he made him laugh. After two days when the drug wears off and he realizes his mistake he rescinds the decision even before the man has moved into the office. Complete chaos. And don’t forget he is the same one who gave us lungu.
Observer: Hate Fred M’membe all day and all night if that is wht gives u satisfaction. But the truth is he never fired Clive Chirwa. In fact it’s M’membe who brought Prof Chirwa to Zambians by running a weekly column The Post newspaper.
Most of our leaders including presidents were NOT the best students or never studied at all.
Dream eater: If u know how to use a computer to blog, u should also know hw to find technical papers on the internet written by Prof Clive Chirwa. U can check this on your own. I’m only doing this to try and free u from hatred and become a proper member of society.
Sata was one of the biggest disasters to befall Zambia, I thug and foool who thought Zambia can afford unlimited debt ……..
The highly corrupt thug Sata who kept a convic fraudstar as minister, lungu , promoting the same corrupt fraud convict lungu through the ranks because of his talent of destroying all systems of governance for his political benefit …….we are living with the results today where Zambians were being burned alive in our towns for the first time in our history …….
There is something about my beloved Zambia which baffles me many times over the more I mull over it and it has to do with the general view with which the daughters and sons of Zambia that become successful in sectors enabling them rub shoulders with the worlds’ affluent, educated, professionals and those in the diaspora seeking opportunities for better living and creating wealth in their adopted countries! Rhetoric is never lacking when it comes to inviting these mostly hard working people back home to participate in driving development in the country as patriots! Yet when they respond apprehension is rife to their homecoming! Political vitriol and public ridicule welcomes them received as lepers coming into the hostile fold! Zambians generally have neither joy nor pride of singing…
contd….. praises for any of their own that make significant advances earning success in worldly exploits with the “Zambian” tag attached to their name. Just think of the gains the country could accrue if only the least they could be accorded is recognition for working to attain comfortable status and then giving an ear having them share experiences that could benefit the homeland We are doomed to failure carrying on in the path Zambia treats its self made nationals full of envy and malice! How is Rwanda managing its dialogue attracting back for national reconstruction its citizens dispersed around the globe?
Am very much sure you all talking hate about Sata are from that tribe and I know. If only you know how much the poor appreciated his service and how many people are working right now because of him you wouldn’t be breathing out that expired stenchy aired words.
MMD the maximum number of public social workers used to be 500 above all they were unable to open enough schools and Universities for fear that there are no jobs.
Richest people we know are cattle owners and they would prefer die hungry and poor at appearance.
Go to Mongu and see what Sata did. If not for him Mongu would have been buried in sand even today.
And you are here talking rubbish. Fuseki