MMD president Nevers Mumba says the court ruling in the case of Professor Clive Chirwa and Zambia Railways is landmark and confirms that late president Michael Sata did not follow the laid down procedure in terminating his contract.
Mumba, a former Republican vice-president, said the judgment sets a a precedent that could salvage the nation from continued abuse of taxpayers’ money by those who hold political power.
He said the act by a sitting President was unconstitutional and has cost Zambia’s depleted treasury millions of Kwacha.
“I consider the Judgment given by Judge Chawatama in the case between Mr Clive Chirwa and Zambia Railways as a landmark ruling. The Judgment confirms that late President Sata did not follow the laid down procedure in terminating Professor Chirwa’s contract,” Mumba said.
He said as painful as the said judgment is to the taxpayer, it raises legitimate concerns that must be addressed.
Mumba wondered why the taxpayer should be paying for politically motivated actions of a sitting President?
He noted that it had become standard procedure for Presidents both in Zambia and most of Africa countries to use political office to fix opponents or those perceived to be connected to political opponents without any regard to constitutional provisions.
“This has been happening under almost all Presidents since independence. In most cases, once such vindictive behaviour has been demonstrated, the powers that be go further and manipulate and influence the fragile judiciary to rule in favour of a sitting President. In the case under discussion, with the former president having passed away, it gives us an opportunity to correct the wrongs that continue to deplete national resources,” Mumba, a clergyman, said.
He further said it was a known fact that under Sata, numerous political and vindictive decisions were made which have cost government millions of Kwacha.
He recalled that amongst many, there was a unilateral decision by Sata to cancel the Zamtel deal without following procedure. Mumba lamented that with the misplaced decision to cancel the Zamtel deal, Zambia was asked to pay more than $382 million for abrogating contractual obligations.
He noted that the $382 million still remained unpaid.
He further said other politically motivated actions included the instant, wholesale retirement of all district commissioners and the recalling of almost all diplomatic heads of missions at the same time.
“I must mention that to recall one ambassador and prepare to send another is an expensive venture which must be done only when there is absolute need and funding. This is outside individual political decisions, including the decision to charge me with abuse of office while in Canada. This decision was made when it was announced that I would return to Zambia to contest the presidency of the MMD. Millions of Kwacha were spent by sending two sets of auditors to Canada and managing a seven-year long trial which continued long after president Sata had died, only to end up in an absolute discharge after it was confirmed that I neither handled nor mismanaged public funds,” Mumba said.
He added that there were many more cases which were initiated to fix or stop political opponents.
“The question that begs an answer is: why should the Zambian taxpayer carry the cost of these personal, politically motivated actions by a sitting President?” Mumba asked.
Further, Mumba said while the intention might be good and politically correct, it was vital that the Attorney General advises the Head of State of any ramifications of matters based on contractual agreements.
Mumba said he was now sitting on the edge concerning the steps that government had taken against Mopani Copper Mines, Konkola Copper Mines and in recent days, Copperbelt Energy Company.
He said if no due diligence had been done by the government and if the decisions were knee jerk decisions, the taxpayer must start to prepare for more pay outs in legal costs.
“We, however, salute judge Chawatama for her courage in delivering such a monumental judgment which one hopes could change the quality of the office of president,” Mumba said.
Mumba suggested that Parliament deals with this anomaly by providing legislation, which compels the courts to demand that such fees and or costs are compensated from the personal estate of the President concerned.
He said to maintain the status quo would be to cheapen the dignity of the presidency and place an unnecessary burden on the shoulders of a taxpayer.
In the Prof Chirwa case, judge Chawatama awarded him damages for breach of contract of employment, full gratuity for the remaining period of his five-year contract, as well as any outstanding contractual benefits, interests on due amounts and costs for the action.
The judge said considering the special circumstances of the plaintiff’s case, the court awarded him compensation which is more than the common law award of nominal measures of damages.
Sata is the cause of all Zambias present day problems, from thinking Zambias borrowing power is infinite to his zero integrity , laid bare by his appointing ministers with fraud convictions like lungu.
Zambia was asked to pay more than $382 million for abrogating contractual obligations-but how much did Lapgreen pay?? The paid $257m for 75% shares and over $100m investment. So what’s the fuss about giving them back their money??? That’s why Nevers brought down MMD from a 48 mps party to 0 mps and 1% vote, he talks to much nonsense.
@Zambian Citizen and that is why we can’t develop with dunderheads like you who can’t see anything wrong with the costly consequence of abrogating contractual obligations. Sitting presidents should not use their office to fix enemies.
Maharaji you Id.!ot.ic donkey!!! It’s MMD who went about selling our assets in the first place. Why did they sell ZANACO?? It was Levy’s admin that signed those useless mining contracts that is allowing KCM to rush to foreign courts when we legally want to get our mines back after they continously rip us off. Sata got back Zamtel and it’s operating properly today yet you want to support these foreigners who have come to plunder our country???? Mumba was part of the same MMD that did this.
@Spaka you are absolutely right. That’s the mistake we made of voting for a sick man. And please fellow Zambians next year let’s be very careful who we vote for. Let’s scrutinize their track record. Let’s also guard our votes jealously and vigilantly. Voters should be the ones to determine who wins, not the people who count the votes
Sot on Dr Mumba . Its also important for all Civil Servants especially DCs and ambassadors to avoid engaging themselves in Politics. Unfortunately this is not happening , Look at Emmanuel Mwamba for example, one wouldnt tell whether he is a party functionary or not. Its this measure of compromise which in some cases lead to retirements in national interests especially when there is a change of government.
Sata was a big mistake for Zambia. He took the nation backwards in th he same manner Trump is taking the USA backwards.
Mr Mumba you are a good adviser.
Why were you fired by president Mwanawasa?why were you recalled
As ambassador?Charity begins at home.
The problem is that Zambians create a constitution then create a presidency that is outside this constitution. The president always thinks laws that apply to the citizens derived from the constitution do not apply to him
This will perpetually continue in the absence of strong corporate law framework. A corporate entity should be governed under corporate governance. In the absence of this, companies envisage a lot litigations from erring parties. Institutions,such as Zesco,Napsa,ZNBC and others should have independent bodies that should appoint directors and senior managers based on their skills and knowledge. Grade 7, politicians who have no knowledge of corporate law,should not be appointing authorities. It conflicts with the ethos of corporate governance. Let an independent body, with credible knowledge of corporate governance,be in the forefront to appoint directors to parastatal institutions. We should not leave such tasks to be run by politicians. Most of appointments by politicians are based on…