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NGOCC chairperson Beatrice Grillo talking during the meeting that was held to demand for the release of the draft Zambian constitution
The Grand Coalition on a People Driven Constitution has observed that the country will go to the 2016 polls under the current constitution if people won’t stand up to the government and demand for the document.
Grand Coalition Deputy Chairperson Beatrice Grilo who was part of the meeting between the Oasis Forum and Justice Minister Wynter Kabimba said the current Government will not give the people their desired constitution as there is no political will from the current administration.
Ms. Grilo noted that the PF Government keeps saying the constitution is not a priority but has wondered if roads that are being constructed are a priority when mothers at the highest referral hospital; the University Teaching Hospital (UTH) are delivering on the floor.
She explained that Mr. Kabimba continues to remain adamant on holding on to the document because there are some contentious clauses that government is not comfortable with such as the 50 plus 1 claus.
Ms. Grilo however said the country will have the desired document sooner or later.
“It may take a bit longer but believe you me will get the constitution, whether the Patriotic Front want it or not we will get the constitution, we may not get it before 2016 because they are arrogant but we will vote them out and the person to come in will give us one but we want it now because starting the process again will cost us more money which would be spent on other areas such the UTH which more of a priority than the roads.” Ms Grilo said.
She charged that the current administration lacks political will as their reasons for not giving the people the document are motivated by selfish interests not the reasons being put forward.
“Its political will that we are lacking, we know and I’m not ashamed to tell you that there are some contentious clauses that some people are not comfortable with. The constitution is being delayed because of the contentious clauses otherwise if there were no contentious clauses the document would have been released by now,” she said.
Ms. Grilo was commenting on Wednesday’s meeting between Justice Minister Wynter Kabimba and the Oasis Forum were the Minister reiterated that the country has more important priority areas to spend its resources on and not the new constitution.
A resident of Luangwa district has petitioned the Legal and Justice Sector Reforms Commission to remove a clause in the constitution that provides for a death sentence on convicts of capital offences.
Chikota Milamba, a middle aged man of Feira told the commission that in order to uphold the preamble of the country’s constitution which declares Zambia as a Christian nation, there was need to remove the death penalty in the constitution.
Mr. Milamba stated that the death penalty is against both the bible and the human rights conventions which Zambia has ratified.
He said Zambia should be governed on the biblical principles because it is a Christian nation saying the right to terminate life should be left to God and not a fellow human being.
He added that the laws of Zambia should be in conformity with the bible which is a guide for Christianity.
Mr. Milamba urged the commission to reject what he called unbiblical submissions by some people who he said are calling for the inclusion of unnatural practices such as homosexuality and lesbianism in the constitution.He stated that he has been following the commission’s public sittings with keen interest and noticed that supporters of unnatural practices were allowed to submit which he said was bad for a Christian nation.
The preamble of the Constitution of Zambia declares the country as a Christian nation but upholds the rights of every person to enjoy that person’s freedom of conscience or religion.The constitution also upholds the human rights and fundamental freedoms of every person and recognizes the equal worth of communities in the country.
But in the bill of rights the same constitution provides that a person may be deprived of life if that person has been convicted of a capital offence and sentenced to death.It however justifies that a person shall not be deprived of life intentionally except to the extent authorized by the constitution or any other law.
Meanwhile , Transparency International Zambia Executive Director Lee Habasonda wondered what would happen to some citizens of Zambia who belong to other religions other than Christianity if the constitution ceases to recognize them.
Mr. Habasonda stated that besides being a Christian nation, the constitution is also in order to recognize the rights of Zambians who belong to other religions.
The legal and Justice Sector Reform conducted a one day public sitting in Luangwa district where 17 petitioners made their submissions.
The Commission is expected to hold similar sittings in Chongwe district tomorrow and later next week in Chirundu and Kafue districts.
File:Defense Minister Edgar Lungu inspects the Quarter Guard mounted by Zambia Army Western Region Headquarters during an Official visit in Mongu District, Western Province
Defence minister Edgar Lungu has advised the Zambian military to avoid insubordination while serving the country and to be loyal to the Commander of the armed forces President Michael Sata.
Mr Lungu said this when he visited military personal manning the Angolan border at Sitoti Military camp in Sioma district in Western province yesterday.The Defence minister is in Western province together with senior military officers to check on military staff manning border areas.
“President Sata who is your commander cares for you very much hence the reason he has sent me to visit you and interact, to find out from you any challenges that you are facing and see how best they could be resolved,” Mr Lungu said.
The Defence minister said Government was committed to ensuring that the Zambian military becomes the best in the region.
“We intend to equip the military with the modern equipment,state of the art technology and continue training you,
to become the best in the region,” he said.
Meanwhile Brigadier General Sikazwe appealed to Government consider recruiting more officers to beef up staffing levels.He said the staffing levels in the Army had dwindled due to retirements and death hence the need to recruit more.
The minister also visited military personnel in Sesheke district who are manning the Zambia-Namibian border.
Message for the PF…A UPND cadre shows a poster inside the Lusaka Central Police Station
United Party for National Development (UPND) Hakainde Hichilema has charged that God allowed the Patriotic Front to ascend to power in order for the Zambian people to learn and open their eyes.
Mr. Hichilema said Zambians should be able to open their eyes with the sufferings they have allegedly been subjected to as a result of the failure by the Patriotic Front to fulfill campaign promises.
He said the failure by the PF to fulfill campaign promises should be enough reason for the people to open their eyes.
Mr. Hichilema noted that since independence the people of Zambia have never witnessed the kind of suffering they are allegedly going through under the PF.
He said the UPND is ready to provide genuine leadership once elected into power.
Mr. Hichilema has further urged UPND members to provide leadership at all levels and engage the people on a daily basis and give them hope that the UPND will come to redeem them.
Has Zambia run out of qualified people to run key institutions
Former UPND Vice-President and 2006 losing Parliamentary candidate for Nkana, Mr. Patrick Chisanga has, after a long hiatus from public life, suddenly reincarnated as the new CEO for the Zambia Development Agency.
This is my personal opinion, but I ask: Has Zambia run out of people to appoint as CEOs of strategic institutions? How do you justify bringing a failed politician, without any traceable investment promotion experience, a man of advanced age, to govern a key institution such as ZDA? What is the value addition of this new appointment?
I would have expected that a man of his purported calibre and ‘vast’ experience in Corporate Governance, advanced in age, would have established for himself an empire that offers guidance to governments in matters of governance, and not be flashing his CV for a job that is best suited for his son/daughter’s agility and age. But then, let one not be too harsh, he must have hit hard times and needs to survive and perhaps supplement his corporate governance incomes.
He has indeed done well for himself: From failed politician to CEO. I am wondering how many failed MPs from the opposition parties would have such luck as Patrick Chisanga. But ofcourse isn’t it obvious that Mr. ‘Chisanga’ has an automatic qualification?
Bringing an outsider at senior level demoralizes in house staff
On the part of the ZDA, however, as was the argument we put forth earlier in the year regarding the ZANANCO centre manager who was proposed to be Deputy Governor of the Bank of Zambia (Thank God the error was reversed by the listening government!), I have one question: Are you saying that no one within ZDA had the in-house experience and institutional know-how to take over from Andrew Chipwende? The mid-level professional staff is the backbone of any effective organisation such as ZDA. For this reason, one would have expected that ZDA will prioritise people in-house before considering failed politicians to be its head. ZDA, like any other institution needs to pay more attention to the professional staff from within and avoid the practice of large scale outside entry at senior levels. This will both strengthen the input of institutional memory in high level decisions and to assure a career prospect to the professional ZDA staff. In any case, bringing retired people with no past immediate working experience in investment promotion is just a sham and adds no value to the institution.
With a pool of well qualified and dedicated economists and investment managers at ZDA, outside sourcing of skills which are already in-house demoralises the career staff and reduces the promise of career progression and skill development in the long run.
What is needed at ZDA is a competent investment manager with appropriate experience in investment promotion and policymaking. We can only speculate whether the new CEO has such experience noting that his previous experience was seeking an election as an MP and retired from active politics after losing.
How fair was recruitment process
And finally, what then is the promise to the agile and ambitious youths of the nation when opportunities that clearly should be for them are being rationed for the old and retired guns of the nation that have hit hard times? Strange tides we are on.
Hon. Robert Sichinga, Minister of Commerce, Trade and Industry and Patrick Chisanga were both high ranking officials in the UPND. Is it a coincidence therefore that Patrick Chisanga will be reporting directly to Robert Sichinga as ZDA CEO? How fair was the recruitment process? Is patronage at work?
Opposition APC leader Nason Msoni says ruling Patriotic Front Secretary General and Justice Minister Wynter Kabimba is the most boring, most incompetent and inconsistent political operator the country has ever seen.
Speaking in an interview Mr. Msoni noted that by virtual of being in government for close to 35 months one would have thought that Mr. Kabimba would prove to be a mature political operator but that it is not the case with him.
Mr. Msoni notes that Mr. Kabimba continues to annoy the public with his twists and ranting on the constitution making process when it is clear that it is a topic he should be avoiding at all cost if he is not ready to release it.
He further wondered what Mr. Kabimba was trying to achieve with his recent outbursts on the constitution making process as it has now backfired on and he has opened a ponderous box as questioned are being asked on his capacity as a Minister of Justice as well as the coherence and consistency of the current government.
Mr. Msoni further notes that government through Mr. Kabimba himself told the public that he will take a cabinet memorandum to cabinet so that it can table the constitution making process and decide when it can release the draft document but now has changed again and are accusing the same people of trying to hijack the process.
He charged that Mr. Kabimba keeps taking the country backwards as he keeps changing directions when ever it suits him.
He adds that the justice Minister keeps building from one lie to another which is most unfortunate and not helpful the country’s aspirations of having a people driven document which will stand the test of time.
Mr. Msoni also notes that the choice of words used by the Justice Minister are an insult to Zambians as he seems to imply that the constitution is not for the less enlightened members of the public.
He charges that the use of the word illiterate is derogatory, offensive as well as disrespectful to many Zambians as the country has different levels of enlightened (education) citizens with many not having had the opportunity to have the average education standard.
The Southern Centre for Constructive Resolution of Disputes SACCORD has advised opposition Movement for Multiparty Democracy MMD and fellow opposition United Party for National Development UPND to stop their bickering and concentrate on selling their parties on a more productive platform.
SACCORD Executive Director Boniface Cheembe says though competition is health among political parties it cardinal that they do so without compromising their effectiveness in providing checks and balances to the government which is one of their co duties as government.
Mr. Cheembe also says competition must be based on ideas and manifestos which help all political parties distinguish themselves from one another and afford the electorate an opportunity to make an informed decision as to which political party is best able to address their challenges and needs.
He adds that political competition must take into consideration certain demands of democracy such includes providing checks and balances to the government.
“It is therefore important that as opposition political parties compete among themselves they do not lose touch with this very important function that they have of keeping checks and balances.
“As SACCORD we would like to advise both the opposition MMD and UPND to ensure that competition among themselves does not compromise their effectiveness as regards checks and balances on the Government of the day.”
Mr. Cheembe also noted that competition will either win them votes or lose them hence the need for the opposition evaluate on what kind of competition they would like to engage in.
“SACCORD would also like to advise that competition among opposition political parties will either help them win or lose voters. It is therefore imperative that the pros and cons of competition among opposition political parties is considered so that parties understand the benefits of such competition.
In the final analysis should opposition or political parties continue to compete it is important that Non Violent Communication (NVC) is exercised so that the language used is friendly to the electorate and helps them understand the differences between all the political parties on the political scene which helps the electorate participate effectively in the country’s democratic dispensation,”Mr. Cheembe said.
HH at a media briefing at the party’s secretariat in Lusaka
Opposition United Party for National Development (UPND) Leader Hakainde Hichilema has demanded that government should immediately release the draft constitution before there can be any meeting over its roadmap.
Speaking in an interview with ZANIS in Kitwe today, Mr Hichilema said the opposition parties and members of the public can only dialogue with government on the constitution making process based on the contents of the draft constitution.
Mr Hichilema was reacting to a statement made by Justice Minister Wynter Kabimba during a ZNBC ‘Sunday Interview ‘ programme that government was now ready to dialogue with the opposition on the constitution making process.
Mr Hichilema said at the moment Zambians cannot dialogue because they do not know the contents of the document.
He added that in an event that government is genuinely willing to dialogue on the process, there was need to avail the contents to the public and also to give the process a legal backing that will protect it from manipulation by anyone which he said was currently lacking.
The UPND leader also noted that there was need to put a time frame to the process so that it is done within a specified period.
And Alliance for a Better Zambia (ABZ) president Father Frank Bwalya said there was no need for any dialogue or meeting between government and the opposition on the constitution making process.
Father Bwalya said this is because the Zambian people have already spoken and expressed their views on the constitution through the stakeholders meetings that have been previously held on the process.
The ABZ Leader said the only thing remaining was for government to release the draft constitution and enact a constitution that reflects the aspirations of the Zambian people.
The Confederation of African Football (CAF) Inspection Team is expected to arrive in the country on August 9, 2014.
The five-man delegation, which comprises of Paul Bassey, Amadou Diakite, Amr Fahmy, Adoum Djibrine and Walter Gagg will be in the country to inspect various sports facilities ahead of Zambia’s bid to host the 2019 Africa Cup of Nations tournament.
The Team is expected to commence its work on August 10beginning with the inspection of match venues, training facilities and accommodation.
The new Heroes, Levy Mwanawasa and Konkola stadiums and the Livingston new site are the match venues which the team will inspect while in the country.
The CAF team will pay courtesy calls on President Michael Sata at State House and the AFCON Bid 2019 Ambassador, Dr Kenneth Kaunda, at his residence.
According to a statement obtained from Football House by ZANIS sports in Lusaka today, the CAF team will also hold a meeting with FAZ and Ministry of Youth and Sport officials before leaving the country.
Meanwhile, FAZ has given new National Team Coach, Honor Janza, the task of qualifying the Chipolopolo to the 2015 Africa Cup of Nations championship to be held in Morocco.
FAZ president Kalusha Bwalya said this at a press briefing at Football House in Lusaka today when he formally introduced Janza as the interim Chipolopolo coach.
And in his acceptance statement, Janza said he welcomed the challenge of coaching the national team as a rare opportunity.
Janza will be assisted by Chintu Kampamba and Davies Phiri as the goalkeeper’s trainer.
Others on the technical bench include team doctor, Joseph Kabungo, Team Manager Lusekelo Kamwambi, Equipment Manager, Stanley Kaseko, Davies Mulenga and Gibson Chaloba as Physio-therapists respectively.
The Legal and Justice Sector Reforms Commission has continued to receive petitions from members of the public on the need to introduce cameras and gadgets to film and record court proceedings to enhance transparency and clarity of records in courts.
Members of the public in all the seven townships of Lusaka district where the commission held public sittings also made similar recommendations to the commission, citing reasons of transparency in
the administration of justice.
A prosecutor of Luangwa district told the commission that proceedings of the courts are not recorded as said by witnesses or prosecutors hence the need for a verbatim to be recorded and availed to both
parties.
Chimbizyani Bilima has submitted to the commission that in order to avoid errors in courts, the use of cameras to film and record court proceedings would be ideal for keeping records of the trials and judgments.
Mr Bilima also appealed to the commission to encourage court reporters to be present in magistrates’ courts in rural areas so that some things can be captured and publicised in the media.
He stated that some prosecutors and the accused normally deny having said what the magistrates record during trial because they do not keep verbatim which he said would be of great help if recorded or filmed.
And Law Association of Zambia President, George Chisanga, observed that petitions calling for the introduction of cameras and recording gadgets in courts have been received from almost all the townships the commission has conducted public stings.
Meanwhile, a representative of the House of Chiefs, Michael Pwete, has disclosed that the House of Chief is aware of the animal-human conflicts and the harassment of people by the Zambia Wild Life
Authority (ZAWA) officers in Luangwa district.
Mr Pwete, who is a Commissioner at the Legal and Justice Sector Reforms Commission, said the House of Chiefs received the reports from Chief Mphuka of Luangwa and took up the matter with the ZAWA boss who promised to address the issue as soon as possible.
Professor Clive Chirwa today 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 interest in order to have the case against him closed.
This is a case in which Prof Chirwa is charged with failure to disclose interest and abuse of authority of office contrary to the laws of Zambia.
This is in a case where Prof Chirwa, 58, of plot 206/101, Ibex Hill, is in the first count charged with failure to disclose interest contrary to the Laws of Zambia.
Prof Chirwa is in the second and third counts jointly charged with Regina Mwale, 50, of High Ridge in Kabwe and former Zambia Railways Limited Finance Director for abuse of authority of office, after the duo allegedly authorised payment of K72,282,210 to Fallsway Apartments for Prof Chirwa’s accommodation, an amount which was beyond the professor’s entitlement, an act which is arbitrary and prejudicial to the rights and interests of the government of Zambia.
The second and third counts allege that the accused persons authorised the payment to Fallsway Apartments on unknown dates but between February 1 and March 2, 2013 in Kabwe.
Prof Chirwa, who appeared before Magisterial Obbister Musukwa to give his defense on the matter, 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.
President Barack Obama and First Lady Michelle Obama greet The Honorable Dr. Guy Scott, Vice President of the Republic of Zambia, and Dr. Charlotte Harland Scott
VICE-PRESIDENT Guy Scott says Zambia is committed to ensuring that science and research are maintained as the bedrock of all health programming and policy formulations.
Speaking during the signing ceremony for Investing in Health in Africa at the US-Africa Leaders Summit, Dr Scott said science and research was the basis upon which quality health could be achieved.
Dr Scott said the Government had adopted the vision to provide equity of access to quality health services as close to the family as possible.
He said the realisation of this vision would be difficult without the country promoting research and using research findings to improve targeting and selection of appropriate interventions for the betterment of people’s lives.
The Vice-President said the Government had set up the Tropical Diseases Research Centre to be the main centre of health-related research.
He also said the country was in the process of setting up a National Health Research Authority to regulate and coordinate all health-related research.
Dr Scott said Zambia had conducted research in malaria treatment which had led to national policy changes in treatment from Chloroquine to Artemisinin Combination-based Therapy (ACT).
The Vice-President also said a cluster-randomised trial in Zambia showed that the provision of ART in maternal child healthcare facilities nearly doubled the uptake of ART by pregnant women.
Health Minister Joseph Kasonde, during an interview with journalists in Washington DC, said the world was looking forward to seeing Africa as a big participant in the area of science and research.
Dr Kasonde also said although the health signature talked about HIV and maternal health, among other issues, much emphasis was placed on the Ebola virus and lessons learnt from it.
He said the message coming out of the signature event was the need for countries to be prepared in the event of an outbreak of the Ebola disease.
The Health minister gave assurance that Zambia was prepared to handle any possible outbreak of the disease.
He said personnel at entry points of the country were told to look out for symptoms of the virus and immediately quarantine any individual suspected of having it.
Dr Kasonde also said America was impressed with the Anti-Retroviral Therapy (ART) in Zambia.
He said there were so many limits by the World Health Organisation on when one should be put on ART.
Dr Kasonde said Zambia initially started ART when one’s CD4 count was about 350 but moved to 500.
He said the country later started putting anyone found to be HIV-positive on treatment immediately regardless of their CD4 count.
Dr Kasonde said this resulted in having less infections, thereby making it possible to have an AIDS-free generation.
Justice Minister Wynter Kabimba has stated that the enactment of a new constitution will not wipe out Zambia’s problems.
Mr Kabimba said it is illogical to assume that a new constitution is the magical wand for Zambia’s development.
He said it is a fallacy perpetuated by the civil society and the church that a new constitution will deliver clean water and free education for all citizens.
The Justice Minister who is also PF Secretary General was speaking in Lusaka when he met leaders of the Oasis Forum at his office.
Mr Kabimba also told off the Oasis Forum officials when they protested about the presence of Journalists in the meeting.
“You called for this meeting and a Ministry we thought it is proper for Journalists to be present here so that the true spirit of the meeting is captured in the right context. We don’t have a problem with the presence of the media here, let us allow them to attend even if you didn’t request in your letter that you wanted the meeting in camera,” Mr Kabimba said.
At this stage, Oasis Forum Chairperson Reverend Suzanne Matale expressed surprise that the meeting had invited Journalists to the meeting.
The meeting later proceeded with Mr Kabimba stating that Government will not be a bystander in the constitution making process.
He said Government will not pass over the responsibility of supervising the constitution making process to NGOs and the church.
Mr Kabimba also admitted that the PF Government has observed that there are some contentious issues in the draft constitution.
He said the draft constitution will be subjected to cabinet in order to see whether the Technical Committee performed it’s functions in line with the terms of references as issued by President Sata.
But Reverend Matale insisted that the draft constitution be released as a jubilee present to Zambians.
She said the draft constitution will guarantee people’s freedoms and rights unlike the current situation where people are not even free to assemble.
And Zambia Episcopal Conference Spokesperson Fr Cleopas Lungu challenged Mr Kabimba to release the draft constitution to show that Government is not hiding anything.
The meeting ended without any key recommendations or outcomes on the way forward on the constitution making process.
Struggling Green Buffaloes held second placed Zesco United to a 2-2 draw in a mid-week FAZ Super League match played at Levy Mwanawasa Stadium.
This Week 19 tie was brought forward after Zesco were invited by Tanzanian club Simba for a ceremonial game to be played on Saturday.
Midfielder Sebastian Mwansa put Buffaloes ahead in the 25th minute when he beat keeper Brown Nyirenda with a fine free kick on the edge of the box.
Mwansa’s goal was cancelled by Nathan Bwalya’s 31st minute strike as the two teams went into the break with a 1-1 score-line.
Referee Jani Sikazwe stole the lime-light in the second half when he awarded a controversial half penalty to either side.
The first one came in the 50th minute as Jackson Mwanza beat Fred Silwamba after Gift Wamundila allegedly fouled Lazarous Kambole.
Buffaloes benefited from Sikazwe’s poor officiating when he penalised Nyambe Mulenga for ball-to-hand before Kennedy Chola stepped forward to equalise from the spot on 72 minutes.
Transparency International Zambia Executive Director Goodwell Lungu (R) (file Picture)
Transparency International Zambia (TIZ) Executive Director Goodwell Lungu today held a press conference in which he revealed fraud, diversion and misapplication of public funds amounting to over K3.3 million at the Ministry of Local Government and Housing (MLGH).
Below is the Full Press statement
Distinguished members of the media, Transparency International Zambia (TIZ) has invited you today to reveal the alleged fraud, diversion and misapplication of public funds amounting to over K3.3 million at the Ministry of Local Government and Housing (MLGH).
Managing public resources
Each and every state, Zambia included, implements a Public Resource Management (PRM) System. This system is overseen by legislative and regulatory frameworks. These frameworks seek to protect public resources in order that citizens access effective public services and have development in the country. Over and above that, the PRM has processes that guarantee integrity and oversight in the management of public resources.
The Constituency Development Fund (CDF), a fund set aside by the government to address community needs through poverty reduction projects in the 150 constituencies of Zambia, is also managed through the PRM framework. It therefore follows that resources here earmarked for CDF would be overseen by the legislative and regulatory framework that promotes integrity and high levels of oversight for effective utilisation of this fund. However it is common knowledge in Zambia that the CDF fund is one of those funds which are highly abused owing to the weak guidelines for the CDF.
It is from this background that Transparency International Zambia (TIZ) has embarked on initiatives that advocate for the strengthening of the PRM by the Zambian government. In our continued efforts to monitor public resources utilisation, our assessments have revealed worrying transactions that point to fraud, misapplication and diversion of the CDF fund meant for Rufunsa Constituency.
Evidence of Diversion of funds in Rufunsa constituency
TIZ wishes to make it clear that we are aware and have solid evidence to the effect that;
The MLGH gave instructions to their Bank between 19th to 23rd October 2013 to transfer CDF funds meant for Chongwe and Rufunsa Constituencies.
In March 2014, the MLGH received information from District Treasurers from Rufunsa and Chongwe District Councils that they had not yet received their 2013 CDF allocation.
On 14th March 2014, the MLGH issued fresh instructions to their Bank to transfer the CDF funds to Rufunsa and Chongwe Constituencies amounting to Kwacha Two Million Six Hundred (K2,600,000.00).
The Bank was only able to remit the funds to Chongwe Constituency Development Fund owing to insufficient funds.
It was at this moment that it was discovered that the Rufunsa portion of the CDF funds amounting to K1, 300,000 was dubiously, without Treasury authority, transferred to the MLGH Grants account.
The funds were fraudulently transferred from the CDF Account No. 110110143887026 to Grants Account No. 110110143887016 in sums of Kwacha Seven hundred thousand (K700, 000.00) and Six hundred thousand (K600, 000.00) totaling Kwacha One Million three thousand (K1, 300.000.00). The first K700, 000 was transferred on 13th December 2013 and the last K600, 000 was transferred on 13th February 2014 way after the 2013 financial year had closed on 31st December 2013. The Bank account statements show all this evidence.
Further, TIZ is aware that the CDF Account is funded in line with the approved amounts in the National Budget under Head 29/05, Programme 5004 and Activity 002. This is the amount that our Parliament approved. This therefore means that moving funds from this Head implies changing the Head and therefore needed seeking approval from the Secretary to the Treasury. Our assessment shows that no such Treasury authority was obtained to divert the K1.3million CDF funds into the Grant account. What we would want to be clarified is whether or not consent was received from the Secretary to the Treasury to conduct such a transfer.
By the end of December 2013, the Ministry of Finance had released a total of K195, 000,000.00 in five (5) installments. These funds were meant benefit to benefit a total of 150 constituencies each meant to get an equal amount of K1, 300,000 totaling K195, 000,000.00. We have details that confirm that the funds were transferred and received by the MLGH as follows;
Date Released Amount
a. 14.05.13 25,000,000.00
b. 05.06.13 48,000,000.00
c. 09.10.13 50,000,000.00
d. 26.11.13 50,000,000.00
e. 26.11.13 22,000,000.00
Grand Total K195,000,000.00
Suspicions Fraudulent withdraws
TIZ’s assessment with regard to CDF for Rufunsa Constituency reveals suspicious payments amounting to Kwacha K1, 285,755 that started being withdrawn the same day.
On 13th December 2013 when the first K700, 000 was transferred to the grants account. On this day, a total of K237, 000 was withdrawn from the grants account. These withdrawals continued until the 7th of March in 2014.
TIZ has carefully analysed the documentation available and the following withdrawals in respect of the cheque numbers and payees as follows;
Date
Cheque Number
Full amount
Name of Payee and Title
13.12.13
1197
79,000.00
Mukuka Mulenga, Typist
13.12.13
1198
71,100.00
Wynona Mutenta, Typist
13.12.13
1196
86,900.00
Euginiah Shikoswe, Stenographer
09.01.14
1206
90,850.00
Euginiah Shikoswe, Stenographer
16.01.14
1210
54,000.00
Edwin Muchinda, Accounts Assistant
17.01.14
1211
59,000.00
Isaac Banda, Registry Clerk
28.01.14
1219
73,000.00
Edwin Muchinda, Accounts Assistant
28.01.14
1220
73,000.00
Edwin Muchinda, Accounts Assistant
04.02.14
1223
93,000.00
Edwin Muchinda, Accounts Assistant
05.02.14
1224
59,250.00
Wynona Mutenta, Typist
05.02.14
1225
71,100.00
Isaac Mwanza
06.02.14
1227
79,000.00
Euginiah Shikoswe, Stenographer
06.02.14
1226
86,900.00
Wynona Mutenta, Typist
12.02.14
1240
53,900.00
Wynona Mutenta, Typist
12.02.14
1241
71,100.00
Isaac Mwanza
12.02.14
1242
63,200.00
Euginiah Shikoswe, Stenographer
07.03.14
1248
47,824.17
Edwin Muchinda, Accounts Assistant
07.03.14
1247
48,516.00
Edwin Muchinda, Accounts Assistant
07.03.14
1238
25,115.17
Name yet to be established
Grand Total Cash withdrawn
K1,285,755.17
TIZ is fully aware that these mentioned junior officers have been put on suspension for and we are wondering how junior officials could have allegedly acted alone given the huge amounts of public funds involved. It is shocking to see junior government officials being entrusted with huge public funds without a clear explanation where these funds were taken to?
It is also disturbing from our assessment that the MLGH also has had huge suspicious withdrawals before this period that were done totaling K2.060.000 drawn in the names of the same 2 junior officials we have mentioned namely Edwin Muchinda, an Accounts Assistant amounting to K987,900 and Isaac Banda a Registry Clerk totaling to K1,006,300.
The details of these suspicious withdrawals are as follows:
Date
Cheque Number
Amount (K)
Payee
15.08.13
000203
57,500.00
Edwin Muchinda, Accounts Assistant
15.08.13
000204
66,000.00
Edwin Muchinda, Accounts Assistant
06.09.13
001104
97,500.00
Edwin Muchinda, Accounts Assistant
09.09.13
001128
55,750.00
Edwin Muchinda, Accounts Assistant
12.09.13
001108
83,000.00
Edwin Muchinda, Accounts Assistant
12.09.13
001109
78,000.00
Edwin Muchinda, Accounts Assistant
23.09.13
001136
87,000.00
Edwin Muchinda, Accounts Assistant
23.09.13
001137
93,750.00
Edwin Muchinda, Accounts Assistant
06.10.13
001152
96,750.00
Edwin Muchinda, Accounts Assistant
06.10.13
001153
96,750.00
Edwin Muchinda, Accounts Assistant
28.11.13
001192
90,900.00
Edwin Muchinda, Accounts Assistant
28.11.13
001193
85,000.00
Edwin Muchinda, Accounts Assistant
Subtotal
K987,900
Date
Cheque No.
Amount ZMW
Payee and Title
28.11.13
001188
93,000.00
Isaac Banda, Registry Clerk
14.11.13
001183
83,600.00
Isaac Banda, Registry Clerk
11.11.13
001168
94,800.00
Isaac Banda, Registry Clerk
16.10.13
001162
95,000.00
Isaac Banda, Registry Clerk
15.10.13
001158
95,000.00
Isaac Banda, Registry Clerk
11.10.13
001155
95,000.00
Isaac Banda, Registry Clerk
20.09.13
001133
82,900.00
Isaac Banda, Registry Clerk
19.09.13
001131
83,600.00
Isaac Banda, Registry Clerk
02.09.13
001111
97,400.00
Isaac Banda, Registry Clerk
23.08.13
00219
91,200.00
Isaac Banda, Registry Clerk
28.11.13
001191
94,800.00
Isaac Banda, Registry Clerk
Subtotal
K1,006,300
Ministry of Local government and Housing must give answers
From August 2013 to March 2014, K3, 354,035.17 was suspiciously withdrawn during the same period of the inter-account fund transfer between CDF Account No. 110110143887016 and Grants Account No. 110110143887016. We therefore challenge and demand that the MLGH makes explanations on these suspicious transactions. TIZ is wondering whether these junior officials acted alone or there are some senior officials who facilitated these irregularities and potential fraud.
We demand that all the payments for CDF funds released in 2012 and 2013 in all the 150 constituencies be made public for scrutiny. We also call on all the elected Members of Parliament to state whether or not their constituencies have received the CDF funds for 2012 and 2013. This will help allay our fears that more of the CDF funds may have been diverted and fraudulently used or out rightly stolen.
If this is the way government official’s uses public funds then we are afraid that this country may go nowhere. Notwithstanding that most of the officers whose names we have cited in this statement have been put on suspension, we have not traced any actions to ascertain where these huge amounts were diverted to. We therefore call upon the law enforcement agencies to in the next 48 hours start probing where these funds ended up. If these funds were stolen, we recommend immediate seizure of all potential suspects’ accounts and restriction orders to be placed on their properties. This in our view will be a measure to recover such funds in the event that they were stolen.
TIZ has stated time and again on the need for swift action on allegations of diversion and misapplication and fraudulent use of public resources. We call on the Republican President to take clear action on the Controlling officers who presided over the many irregularities that we have cited. Failure to deal with the controlling officer will be sending wrong signals that controlling officers will preside over such diversion of public funds without clear and tangible action. Without such action, public funds will continue to be subjected to such great risks where they can be diverted and stolen.
Missing documents
We are aware that most documents pertaining to these transactions at the MLGH have also gone missing. We challenge the Permanent Secretary at the Ministry of Local Government to state what steps he took when this information was brought to his attention. This is where we want to call on the appointing authority to pay particular attention to what the controlling officer’s response has been. We believe that some concerned Zambians may have brought this matter to his attention in good faith and we believe that such Zambians who report abuse and suspicions deserve support.
Lip service by Secretary to treasury
The report of the Parliamentary Accounts Committee (PAC) on the report of the Auditor General on the management of the Constituency Development Fund and Grants to Local Authorities for the financial year ended 31st December 2012 which was submitted to the third session of the eleventh National Assembly appointed by the resolution of the house on 27th September 2013 clearly indicates that the Secretary to the Treasury acknowledged that funds released to the MLGH were being mismanaged by Local Authorities.
Therefore, in view of these glaring irregularities and suspicions of fraud, we wish to demand that the office of the Secretary to the Treasury expedites the process of instituting measures that would ensure that the management of public funds is done with integrity.
Some of the measures the Secretary to the Treasury proposed before the PAC and committed to were that;
CDF funds would only be drawn by the Local Authorities upon fulfillment of all the contractual obligations in accordance with the prevailing CDF guidelines
The Treasury would only disburse CDF funds to the accounts of the Local Authorities upon submission of the required documentation such as Certificate of Completion of works.
The amounts released would be equivalent to the amount supported by documentation plus 10% contingency
Further the Secretary to the Treasury proposed in this same report that in addition to the above measures, a Unit would be established under the Office of the Accountant General to monitor all CDF bank accounts and that at that time, the Treasury was using the Service Level Agreements (SLA) between the Treasury and the Commercial Banks.
It is clear from the occurrences on the Rufunsa Constituency CDF funds highlighted above, that these measures appeared to be more of a lip-service having been proposed in September 2013 and diversion of huge amounts at the MLGH taking place on the 13th of December 2013.
It is our considered view that the proposed measures by the Secretary to Treasury should have been operational by December 2013. It is therefore worrying that even after such assurances by the Secretary to the Treasury were made, to institute corrective measures, misapplication and misappropriation of public funds continued. This state of affairs erodes confidence in the weak PF government accountability systems.
This is only the Tip of the iceberg of corruption under PF
TIZ wishes to state that the PF government’s success in the fight against corruption will be measured by the amount of actions, efforts and tangible measures they put in place to curb such wastages. The mere fact that TIZ has evidence on the K1, 300,000 being diverted, this could be a tip of the iceberg of what could be taking place. TIZ is wondering how the MLGH Controlling Officer allowed such a huge diversion of public resources.
We believe as TIZ that such discoveries should not merely be reduced to an academic exercise and mere traditional ritual without any tangible action that inspire public confidence in the management of public resource.
There is therefore need for the PF government to expedite the implementation of the Access to Information Bill that will empower the public to be able to hold public officials accountable during implementation of the budget and not wait to be presented with such ever worrying public funds diversions and fraud.
