The Lusaka High Court has quashed the findings of the Dennis Chirwa tribunal that found former Communications and transport minister Dora Siliya in breach of the constitution.

Lusaka High Court Judge, Phillip Musonda has found that Dennis Chirwa tribunal exercised excessive jurisdiction when it invoked Article 54 sub-section 3 to declare Ms. Siliya in breach of the constitution.

The Dennis Chirwa tribunal found that Ms. Siliya breached the constitution for disregarding legal advice from the Attorney General’s chambers relating to a Memorandum of Understanding between government and RP Capital partners of Caymans Islands to value Zamtel Assets at $2 million.

Ms. Siliya applied for judicial review in which she challenged the Tribunals’ powers to invoke constitutional provisions which are a preserve of the High Court.

Judge Musonda in the ruling delivered found that Ms. Siliya did not breach the constitution and further said the Dennis Chirwa tribunal findings that there was no breach of part two of the parliamentary and ministerial code of conduct will remain undisturbed.

He said findings that Ms. Siliya did not breach part two of the parliamentary and ministerial code means she is cleared by the tribunal and the High Court under Article 54 subsection 3 of the constitution.

[ZNBC]

A MARKETEER in Ndola has bemoaned the involvement of politics in the running of urban markets.

Speaking in an interview in Ndola yesterday Mr Arthur Mataka said markets in the Ndola urban have remained in deplorable state because people entrusted with running them have been embroiled in political antagonisms that over take market developmental programmes.

Mr Mataka noted that Chifubu market lost out on the urban market upgrading programmes due to some political confusion that were fueled by a named opposition political party that crippled the market upgrading programme and caused it to be abandoned.

He observed that if the political antagonisms existing between the Patriotic Front and the Movement for Multi-party Democracy members in the running of markets are not addressed, that there will be no development in the market structures in Ndola and in all urban markets country wide.

Mr Mataka who is also Chifubu market advisory committee chairman called on the council officers to put politics aside when carrying out their civic administrative duties so that they could improve the infrastructure in markets and also serve all Zambians regardless of their political affiliations.

He appealed to the Ndola City Council to deliver services that it ought to deliver to the people in the markets and ensure that sanity is brought to the markets.

He also urged political party cadres from the two political parties to desist from interfering with the Council Management in its running of the city.

ZANIS

THE Director of Public Prosecution (DPP) has advised investigative wings probing the operations of the defunct Zambian Airways to extend their investigative sphere to other countries to avoid piecemeal conclusions.

Transparency International Zambia (TIZ) welcomed the directive to extend the investigation to foreign countries, saying that it would ensure comprehensiveness in the investigation of the matter.

Inspector-General of Police, Francis Kabonde said officers from the Ministry of Finance and National Planning audit department had been called in to strengthen the team and would soon travel outside Zambia for investigations.

The combined investigating team had handed over to the DPP a preliminary report on the airline’s failure to remit about US$1,793,782 in passenger service charges.

Mr Kabonde said in an interview in Lusaka yesterday that in order to avoid inconclusive findings, it was imperative that the investigations were not only restricted to Zambia but spread out to other countries where the airline had offices.

The police chief said the investigation was complex but the probe team comprising officers from the police, Drug Enforcement Commission (DEC) and the Anti-Corruption Commission (ACC) had made headways.

Sources said the investigating team was pursuing the criminal charge of theft by agent against the airline’s directors, in contravention of Section 272 and 280 of the Penal Code, Chapter 87 of the Laws of Zambia.[quote]

The team was also investigating how the Zambian Airways in 2007 secured a $5.5 million loan through a consortium of financial lending institutions, which consisted of Investrust Bank, Intermarket Banking Corporation and the Development Bank of Zambia (DBZ).

Police have already recorded warn and caution statements from the directors of Zambian Airways in connection with the investigation into the operations of the airline.

TIZ president, Rueben Lifuka said the investigators and prosecutors should commit to doing a thorough job and thus enhance the chances of success of these cases in the courts of law.

Evangelical Fellowship of Zambia (EFZ) executive director, Paul Mususu welcomed the widening of the investigation but cautioned the probe team to ensure that they did not use more money than that would be recovered.

Zambian Airways early this year suspended operations citing the high cost of aviation fuel and other operating costs for the decision.

[Times of Zambia]

Several Kitwe based School Teachers today staged a peaceful demonstration at the office of the Kitwe District Commissioner to protest over the 15 percent salary increment government has awarded to public workers.

The Teachers had in the early ours of the morning gathered at Rokana Basic School were their union leaders lead by Zambia National Union of Teachers (ZNUT) Branch Chairman Paul Chisenga wanted to brief them on the 2009 collective agreement.

The uncompromising teachers who were chanting political slogans demanded for the removal of all National Executive Members of the three teacher unions who they accused of being compromised and betray them.

The teachers who walked from Rokana to the Boma offices in the city centre claimed that it was an insult for their leaders to have settled for a meager 15% salary increment at a time when the cost of living and poverty levels were so high in the country.

The teachers vowed to continue with the strike if government does not increase the percent given the teachers.

But Kitwe District Education Board Secretary Sackis Mwanga pleaded with the teachers to immediately resume work.

Mr. Mwanga said teachers must immediately resume work because their leaders had already signed for the 15% .

He said Government has decided to allocate all the two billion to Kitwe for clearing fixed band housing allowances while the other towns would be paid later.

Mr. Chisenga s appealed to teachers to immediately resume work so as to prevent themselves from unnecessary problems.

He said all those who will be staying away will do it at their own peril.

Mr. Chisenga also requested the teachers to deal with the National leaders who have betrayed them.

And in Mumbwa , Teachers have lashed out in their District Union representatives whom they have accused of lacking allegiance to the plight of Teachers.

The complaining teachers from three unions, who mostly preferred to remain anonymous, said that the general morale of the teaching fraternity was very low because of the call by their union leaders to end their strike.[quote]

Mumbwa’s Zambia Congress Trade Unions( ZCTU) Chairperson Muyambango Kalaluka had officially announced to the teachers that the unions had signed the 15 percent salary increment offered by Government during a meeting held at Mumbwa high school.

The teachers disclosed that they had passed a vote of no confidence in their union representatives, and that many were planning to stop paying their monthly contributions to the union bodies.

Some alleged that their contributions to union bodies were being abused by union leaders, and that there was need for the Anti-Corruption Commission (ACC) to probe union leaders from BETUZ (Basic Education Teachers Union of Zambia) ZNUT (Zambia Union of Teachers) and SESTUZ (Secondary Schools Teachers Union of Zambia).

One Teacher said that the teaching fraternity would carry on with what he termed as ‘working under protest’, adding that they were not happy with union leaders whom they accused of not consulting members before signing the 15 percent salary increment.

“We will carry on striking spiritually, our morale is low because of our double treacherous union leaders” he commented.

Teachers from SESTUZ, ZNUT, and BETUZ have been on strike since the official opening of schools on 11th May for term 2.

Teachers resorted to strike action demanding for salary increments as well as unpaid allowances such as Rural Hardship and Fixed band for Housing.

ZANIS

THE National Executive Committee (NEC) of the MMD has endorsed President Rupiah Banda for the party presidency at the forthcoming convention and 2011 elections.

MMD spokesperson, Benny Tetamashimba said in a statement issued in Lusaka that the decision to present Mr Banda as the sole candidate at the convention was made yesterday at a NEC meeting held at State House.

Mr Tetamashimba said the NEC’s decision to field Mr Banda at the convention and as candidate for the 2011 presidential elections was arrived at in compliance with Article 10(J) of the MMD constitution.

“All the NEC members who stood against Mr Banda when the MMD was selecting a candidate to lead the party into the elections last year actually supported the candidature of Mr Banda in the NEC meeting.

“The national chairman and national secretary appealed to all MMD members to support the decision of the NEC and appealed to all members to support the candidature of President Banda at the next MMD convention and 2011 elections,” he said.[quote]

The NEC also elected Minister of Finance and National Planning, Situmbeko Musokotwane as chairperson for agriculture to replace Maybin Mubanga, who was recently appointed Zambia’s ambassador to the Democratic Republic of Congo.

Mr Tetamshimba said the meeting also elected Copperbelt Minister, Mwansa Mbulakulima as the vice-national treasurer, replacing Jazzman Chikwakwa who is now Luapula Province permanent secretary.

The meeting ratified Mr Banda’s nominations to the NEC of Sports Minister Kenneth Chipungu, to replace Japhen Mwakalombe, the Chongwe District Commissioner, and Keith Mukata, who took over from Syacheye Madyenkuku.

Other NEC presidential nominations endorsed yesterday were those of Evelyn Mwanawasa, who replaced Walusiku Lisulo as a trustee, and Energy Minister Kenneth Konga in place of Rosemary Banda, who had been given a diplomatic posting.

“Mr Madyenkuku and Mr Lisulo have been withdrawn from the NEC by the appointing authority as per constitutional provisions of the MMD.

“Other acting appointments in the provinces of chairladies and chairpersons will continue until elections are undertaken,” Mr Tetamashimba said.

The NEC will also defend the Chitambo parliamentary seat by fielding a candidate against the Patriotic Front (PF), which is under the PF/United Party for National Development (UPND) alliance.

Mr Tetamashimba said the party would equally field candidates in the local Government by-elections to be held in August and appealed to the people of Chitambo to vote for the MMD candidate.
[Times of Zambia]

FORMER President Frederick Chiluba says the case in which he is charged with theft should be dismissed because it appears to be novel and mere fiction.Chiluba said this in his final defence submissions filed in court by his lawyers, Robert Simeza and John Sangwa on Friday.

This is in a case where Chiluba is jointly charged with defunct Access Financial Services Limited (AFSL)) directors Faustin Kabwe and Aaron Chungu for theft of public funds amounting to US$507,886.7
Chiluba is facing six counts of theft by public servant, contrary to Sections 272 and 2777 of the Penal Code, Cap 87 of the Laws of Zambia.

He says his case appears to be ill-conceived and intended to achieve political motives.

Chiluba has argued that no evidence was led from any factual witness to show what he did to warrant theft charges against him.

“Investigators appear to have had a predisposition from inception as they proceeded on a presumption of guilt. They presumed frauds and jumped to conclusions on legitimate transactions without taking into account explanations from the person who was knowledgeable about the transactions,” Chiluba says.

The thrust of the prosecution case is that Chiluba stole Government money, which left the Ministry of Finance through the Bank of Zambia into the Zamtrop account, an operational account of the Zambia Security Intelligence Service (ZSIS).

The account was operated and regulated by the ZSIS Act number 14 of 1998 and the 1970 Finance Charter.
Chiluba says as an MMD policy, the ruling party raised money from well-wishers and it was used to meet party needs.

He says the money he received for personal and party projects was to be managed by the ZSIS and that whenever he had a need to be met in from of payment, such payment would be met from the money held in the intelligence’s account.

Chiluba says the Zamtrop account has been subjected to three forensic audits all of which established that the account received a total of US$8.5 million from private sources.

He says his money is still in Zamtrop and he will demand it after the proceedings.

Chiluba says he used to send money for his children’s school fees in London to Zanaco and the money was initially kept as cash in the bank and credited to a miscellaneous ledger.

He says statements from two bank officials were that Zamtrop received other payments, which then ZSIS director-general Xavier Chungu advised that they were meant for Chiluba.

“The statement of Mrs Beauty Kaluba confirmed that some money was received for the President and put in Zamtrop but described this money as non Zamtrop because it was meant for the President,” Chiluba says.[quote]

He says the weight to be attached to his testimony should be dependant on whether there is any competing evidence from the prosecution on the matters he testified about.

Chiluba says where there is no evidence to the contrary contradicting his statement, his unsworn testimony should be believed, especially that there is evidence from both the prosecution and witnesses called by the defence, which corroborates matters upon which he was called to testify.

He says the charges brought against him for acts or offences allegedly committed while acting in his official capacity are legally incompetent as he is not amenable to criminal jurisdiction of any court in Zambia.

Chiluba says the National Assembly was clear when it clearly stated that Chiluba would only be amenable to the court’s jurisdiction in respect of acts done in his personal capacity while he held Presidential office.

He says the charges brought against him relate to acts purportedly done while he was performing the functions of his office and that his whole prosecution is unconstitutional and legally wanting.

Chiluba says as Republican President then, he did not qualify to be called a public servant and the charge against him under Section 277 of the Penal Code is legally wanting.

He says in count two where it is alleged that he stole US$125,000 on cheque number 6119, the evidence from the prosecution shows that the money was paid to DH Kemp & Company.

Chiluba says in count three where the charge is that he stole US$148,030 cash, the evidence from the prosecution witness is that the money was transferred by AFSL to E Florence in Scotland, adding “there is no evidence to the contrary.”

Chiluba said in count seven it is alleged that he stole US$123,980.25 in Lusaka but evidence from the prosecution shows that the money was paid to University of Hertfordshire and Christchurch College (for his children’s fees.)

Chiluba says in count eight he is alleged to have stolen US$27,906.48 cash in Lusaka on October 14, 1999 but evidence from the prosecution shows that the money was transferred to Cambridge Centre in London.

He says the prosecution has lamentably failed to prove that he took the money he is alleged to have stolen on all the counts as no evidence of the taking was led.

As regards the allegation that he fraudulently converted US$123,980.25, US$27,906.48 and US$33,000 for the benefit of his children, Chiluba says there is no evidence to show what role he played in the transactions involving payments to universities and colleges, and cash collected by the children.

He says the fact that Chiluba had private funds in the Zamtrop is beyond dispute and it would appear that the prosecution’s contention is why private funds were banked in a government account.

“However, this is ignoring the fact that he did not decide by himself to use the Zamtrop account for his personal monies but was advised to do so by the mandate holder of the account, who was also controlling officer in his department,” Chiluba says.

He says the prosecution’s refusal to produce the Finance Charter was certainly not intended to advance the cause of justice.

“The prosecution deliberately suppressed evidence which would have showed that in fact the whole case, which arises from payment of monies out of the Zamtrop to private individuals, is unwarranted considering the peculiar nature of the account from which the monies were paid,” Chiluba argues.

He submits that investigators proceeded on the premise that all monies in Zamtrop were government funds and picked selectively transactions from the account, without regard to the fact that the account also banked monies belonging to him from private sources.

“Zambia prides herself in upholding the old tenets of justice and surely this is one case where the prosecution, despite the number of witnesses called, has clearly failed to prove their case beyond reasonable doubt. The natural consequence of this failure is that the case against me be dismissed with costs,” Chiluba argues

[Zambia Daily Mail]