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LAZ backs plans to reorganise Attorney-General’s chambers

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THE Law Association of Zambia (LAZ) has supported President Rupiah Banda’s plans to reorganise the Attorney General’s chambers if the measure will enhance efficiency.

Speaking in an interview in Lusaka yesterday, LAZ president, Elijah Banda said the association was in support of the president’s decision.

“Any such change is welcome if it will help enhance efficiency in the operations of the office of the Attorney General’s chambers,” Mr Banda said.

He said the Attorney General’s chambers had performed well as it was run by eminent lawyers who, by LAZ standards, had done extremely well.

Mr Banda said LAZ had so far not discovered any shortcomings in the way the lawyers in the Attorney General’s chambers had been operating.

He said despite the lawyers at the chambers working well, the president, as the appointing authority, had the powers to make changes.

“The president is the appointing authority and he is at liberty to make changes where he sees the need to do so. For as long as he considers to do so, he has the legal right,” Mr Banda said.

He said the president could not be compelled to divulge reasons for the changes, as when making appointment for such officers, he did not inform the public why he had done so.

“It is not important for the president to give the public the reason for the changes because the decision is entirely in the hands of the appointing authority,” Mr Banda said.

On Tuesday, President Banda said he would reorganise the Attorney General’s chambers to prevent the recurrence of confusion, which surrounded the provision of legal advice to former Transport and Communication minister, Dora Siliya.

The president noted that the tribunal found that Ms Siliya was somewhat misled by the confusion in the Attorney-General’s chambers and it was, therefore, necessary to reorganise it.
[Times of Zambia ]

Dora Siliya to seek judicial review

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FORMER Communications and Transport minister Dora Siliya
FORMER Communications and Transport minister Dora Siliya

FORMER Communications and Transport minister Dora Siliya will seek judicial review over the Dennis Chirwa tribunal pronouncement that she breached the Republican Constitution because that was beyond its mandate.

Ms Siliya said in Lusaka yesterday that the findings of the tribunal that she breached Article 54 (3) of the Constitution by failing to heed the attorney-general’s advice was never levelled against her as an allegation.

Ms Siliya, who stepped down as Cabinet minister on Tuesday, said she never had an opportunity to rebut the claim that she breached the Constitution in the manner she defended herself of the other allegations during the tribunal sittings.

“It is my considered view that the honourable tribunal exceeded its limit when it purported to pronounce itself on the legal status of the Attorney General’s advice.

“I have since sought the advice of my lawyers and, hence, intend to institute judicial review proceedings to address the propriety of this finding,” Mr Siliya said.

She was, however, grateful to the tribunal for establishing that she did not breach the Parliamentary and Ministerial Code of Conduct Act on all the allegations levelled against her.

“This finding clearly demonstrates that in the execution of my duties as minister and member of Parliament (MP), I did not gain any pecuniary advantage or convey the same to any other person,” she said.

Ms Siliya, who is Petauke MP, said the findings also confirmed that she did not abuse her office as minister and MP.

She said her decision to resign was not in any way intended to lend credence to allegations and innuendos suggesting wrong-doing on her part but to bring to an end a malicious campaign that had distracted the nation from productive activities.

She urged Zambians to re-focus their energies on addressing the economic challenges facing the country and thanked the people of Petauke for standing by her.

Ms Siliya reiterated that she never committed the Government to a US$2 million contract for the evaluation of Zamtel assets as stated in the statement that she issued in Parliament which was prepared with her ministry staff and the solicitor-general.

She said the evaluation of Zamtel assets was an initiative of the Ministry of Communications and Transport in an effort to assess the problems at the company.

“The consultancy costs for the evaluation as explained to Parliament and approved in the 2009 budget do not exceed US$50,000. This was again repeated by his honour the vice-president in which the solicitor-general personally again played a big role in drafting,” she said.

Ms Siliya said the $2 million was merely an expression of interest or quotation by the evaluation consultants as transaction advisor if the Government made the decision to sell.

And Chief Government spokesperson, Ronnie Shikapwasha said in an interview in Lusaka yesterday that the debate on whether Ms Siliya should vacate her parliamentary seat or not should be guided by the outcome of the tribunal.

Lusaka lawyer, Abraham Mwansa, who is the convener of the Law Association of Zambia human rights committee, said the tribunal should have recommended specific measures for President Rupiah Banda to take instead of making general recommendations.

“I personally feel the tribunal should not have left the issue to politicians. It should have made specific recommendations to the president with specific measures for him to take,” Mr Mwansa said.

[Times of Zambia ]

Govt to reposes unfinished structures in Lusaka, Teta

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Government says it will swing into action to deal with people that will fail to complete their buildings in Lusaka once the grace period that was given to them by the Lusaka city council has expired.

Local Government and housing Minister, Benny Tetamashimba said this in an interview with ZANIS.

Mr. Tetamashimba said the owners of the buildings must ensure they complete their structures within the time that has been given to them by the Lusaka City Council or else have their buildings seized.

Mr. Tetamashimba further said the Ministry of Local Government and Housing has a fixed grace period within which all the people that acquire land must complete constructing their structures.

He advised people who acquire land from the Ministry of lands to ensure they build their structures within the given period.

ZANIS/PC/PK/ENDS

Thandiwe Banda determined to contribute to the improvement of maternal and child health

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First Lady Thandiwe Banda standing in the middle posing for pictures with other African first ladies in Los Angeles, USA
First Lady Thandiwe Banda standing in the middle posing for pictures with other African first ladies in Los Angeles, USA

First Lady Thandiwe Banda said her vision is to see that the number of traditional birth attendants are well educated and adequately equipped in order to provide quality maternal and child health especially in rural Zambia. This is according to the press release by the Zambian Embassy press secretary Ben Kangwa

Mrs Banda said the growing reluctance of qualified medical personnel to serve in the rural areas has contributed to the poor quality health delivery in remote areas

She observed that sometimes pregnant women die in their homes or on the way walking to the hospital because the traditional attendants do not have simple transport such as a bicycle to transport them to the health centre .

She noted that providing basic transport such as a bicycle which costs $85 would expand reproductive health coverage in rural areas.

She was making a power point presentation at a high level panel of African First Ladies that included Madame Adelcia Barreto Pires of Cape Verde, Mrs. Idah Odinga of Kenya and Her Royal Highness Queen Inkhosikazi Lambikiza of Swaziland in Los Angeles this afternoon, Mrs. Banda said there was need for Multi-national companies such as Exxon Mobil Corporation, the Rand Corporation, General Electric including the World Health Organisation and Vital Voices to work together with the African First Ladies to bettering the lives of other Africans.

“Let me make an earnest appeal to the partners in this summit to lend their support to this cause that I have embarked on so that together we can reduce maternal and neonatal mortality rate in Zambia, “ she said.

The First Lady is in Los Angeles to participate in the African First Ladies Summit on Leadership for Health. On her delegation is the Hon. Minister of Tourism, Environment and Natural Resources. The delegation is supported by the Ambassador to the United States Dr. Inonge Mbikusita-Lewanika

Editor’s Note

Watch First Lady’s Interview in LA

http://globalhealthtv.com/news/leadership_for_health_zambia_s_first_lady/

Siliya should have resigned much earlier to avoid waste of public resources

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Federal Democratic Party, FEDEPA, and President Alfred Sayila has welcomed and described as long overdue the resignation of Transport and Communications Minister, Dora Siliya.

Reverend Sayila, however, said Ms. Siliya should have considered resigning from Cabinet much earlier before the tribunal was instituted.

He told ZANIS that Ms Siliya’s resignation from her ministerial position should have been done much earlier to avoid a waste of public resources and time.

He accused the former minister of failing to make effective use of guidelines relating to resignations from public office.

Rev. Sayila has, however, opposed calls for the resignation of MS Siliya as Member of Parliament.

He said Ms. Siliya should remain MP because she was given the mandate by the people in her constituency.

Rev. Sayila accused those calling for the resignation of Ms Siliya of harboring malicious hatred and were clearly showing their ignorance on matters of the Constitution.

Meanwhile, New Generation Party President Humphrey Siulapwa has commended Ms. Siliya’s decision to resign as minister.

Mr. Siulapwa told ZANIS in Lusaka today that the decision by Ms. Siliya to resign is a testimony of maturity and professionalism.

And Forum for Leadership Search, executive director, Ediwn Lifwekelo has also saluted Ms. Siliya for the bold decision to resign.

Mr Lifwekelo said Ms Siliya’s resignation should not be treated as a sign of guiltiness but a moral responsibility as demanded for by the people.

ZANIS/MK/ENDS/SJK

Use local artists in jingles promotion – Artist (updated)

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The Barotse band leader Kalaluka Silumba says side lining local artists during the promotion campaigns of local goods and services by companies was detrimental to the development of music in the Mongu district.

Mr Silumba said this in reference to what prevailed during the 2009 Kuomboka Ceremony where bigger companies and institutions used Lusaka based artists to promote their goods and services.

He told ZANIS that local musicians have an advantage of effectively promoting goods and services as they can relate and communicate the jingles in the local language.

He appealed to bigger companies, such as ZAIN and MTN mobile network providers, to always include local artists in a given locality as a way of empowering them and fostering effective communication.

Mr. Silumba said it was disheartening to see companies and institutions promoting goods and services in a language that was only understood by a few.

He said local artists lacked funds to promote their works and that goods and services promotion platforms could greatly benefit the local artists and the companies involved.

ZANIS/JA/ENDS/MM.

EAZ urges Zesco to consider people’s plight before hiking tariffs

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The Economic Association of Zambia (EAZ) has urged the Zambia Electricity Supply Corporation (ZESCO) to take into account the plight of Zambians as it increases electricity tariffs.

EAZ Publicity Secretary Francis Chigunta said although the proposed 66 per cent Zesco electricity tariff hike will help enhance investment in the country, the company should not consider the plight of the ordinary citizens.

Dr. Chigunta, who is also University of Zambia (UNZA) lecturer of Developmental Studies, said in view of the financial meltdown facing the country, a tariff increment of 66 per cent would have a negative impact on the lives of poor Zambian.

He said although the electricity tariff hike is long over due, the power utility company should come up with a certain way in which the tariff hike will be introduced in order to cushion the impact it would have on the citizens.

He has since urged Zesco Limited to effect the electricity tariff hike in a gradual manner so that citizens were not burdened with a huge increment at a go.

Dr Chigunta told ZANIS in an interview that it would be important for Zesco to take into account the fact that the majority of Zambians were poor and therefore, an adjustment in electricity tariff will negatively affect the people.

The proposed 66 per cent electricity tariff hike by Zesco has been received with mixed feelings from different sections of society.

Government has however welcomed the move while some opposition political parties and civic organizations are opposing, claiming that it will negatively affect the poor people.

ZANIS/PM/KSH/ENDS

RB appoints Jere as Special Assistant for Press and PR

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-President, Rupiah Banda, has promoted State House Chief Analyst for Press and Public Relations, Dickson Jere, as Special Assistant to the President for Press and Public Relations.

Mr. Banda has also promoted State House Chief Analyst for Legal, Joseph Jalasi, as Special Assistant for legal.

This is according to a statement released to ZANIS issued by Principal Private Secretary to the President, Austin Sichinga, in Lusaka today.

Mr Jere will with immediate effect head the Press and Public Relations Unit while Mr Jalasi would head the legal advisory unit.

President Banda has also confirmed the appointment of, Charles Kaonga, as Commissioner of Police for Special Duties at State House while Police Commissioner, Willies Manjimela, is now deputy Permanent Secretary of home affairs.

The President has also appointed, Graphael Musamba as Commissioner of Police.

Mr Musamba was until his appointment Director of Criminal Investigations Department in the Zambia Police Service.

Meanwhile, President Banda is on Friday expected in Livingstone for a two-day working visit where he is expected to officiate at the 18th Ordinary Synod of the Anglican Diocese of Lusaka.

According to the programme, President Banda is on Saturday expected to attend an annual ball for the Law Association of Zambia, LAZ, where he has been invited as guest of honor.

Mr. Banda is also expected to hold talks with various government officials in Livingstone before returning to Sunday.

The President will be accompanied to the Tourist Capital by Presidential Affairs Minister Ronald Mukuma, Deputy Secretary to the Cabinet, Robert Mataka, and other senior government officials.

ZANIS/CM/ENDS/SJK

FRA to soon start buying maize

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The Food Reserve Agency (FRA) has urged farmers to stop selling maize at low prices saying it will soon commence the purchase of maize at a reasonable price.

FRA Board Chairperson, Coasten Chilala told ZANIS in Mazabuka yesterday, that FRA is saddened with the disturbing reports that farmers in most parts of the country are allegedly selling maize at low prices despite calls by government not to do so.

Unscrupulous maize delaers are buying maize at low as K 16,000 in some parts of the district.

Mr Chilala urged farmers to exercise patience and allow the government and other stakeholders determine the floor price.

He said farmers should be wary of the consequences of selling maize at low prices because they will not be able to buy fertiliser.

Mr Chilala also disclosed that FRA projects to purchase 150,000 metric tonnes of white maize from small scale farmers as national strategic food reserves during the 2008-2009 maize marketing season.

Mr Chilala said although farmers are allegedly selling maize at give away prices, the agency would manage to reach its target.

He explained that in the last marketing season, the agency bought 80,000 metric tonnes of maize from small scale farmers.

Authorities, Parliamentarians, Zambia National Farmers Union and Chiefs in Mazabuka have equally expressed concern at the low maize prices farmers were offering to suspected bogus maize traders.

ZANIS/HC/ENDSW/MM

Govt to improve Higher learning institution’s infrastructure – Prof Lungwangwa

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EDUCATION Minister Geoffrey Lungwangwa
EDUCATION Minister Geoffrey Lungwangwa

Education minister Professor Geoffrey Lungwangwa says government is committed in improving infrastructure in higher learning institution.

Professor Lungwangwa said yesterday after touring various constructions that are taking place at Mulungushi University in Kabwe.

The Professor said government has planned for 106 billion for the entire completion of the construction-taking place at Mulungushi University.

” In last year’s budget government allocated 30 billion and 20 billion this year for the construction of student’s hostels, a dinning hall, library, lecture theatre, and a kitchen, ” he said.

He said he was happy with how fast the construction works were moving and was looking forward to the completion of all the works.

Professor Lungwangwa said education is one of government’s top priorities; government has taken steps to improve education by making sure more children are enrolled and recruitment of teachers is done.

He said there was now an increase in the number of students awarded bursaries from 600 to 1000 students being given bursaries.

And Mulungushi University Vice Chancellor Professor Vernon Chinene said the University was operating under a cost sharing arrangements between government and students.

“Government’s main contribution is mainly in infrastructure development in which it has committed k50 billion in 2008 and 2009 budgets and the contribution of students is in tuition and boarding fees, ” he said.

Professor Chinene said since the inception 16 months ago Mulungushi University has engaged more than a dozen contractors to rehabilitate existing infrastructure and construct new infrastructure.

” The new infrastructure includes an ultra-modern library, lecture theatre, dining hall, a kitchen, and 4x3storey student hostels, ” he said.

Professor Chinene also said the recruitment of academic, administrative, professional, and support staff had concluded with a total of 230 members of staff having been recruited.

“They include 110 from the former National College for Management and Development studies and 120 new staff which includes five at professorial level,” the Professor said.

Professor Chinene says the University will this year concentrate on farming.

He said the University wants to concentrate on farming so that it will be able to feed its students.

Professor Chinene said K 500 million has been put aside for the investment of the farm.

He the University will concentrate on improving agriculture food production for its students and staff members,instead of buying food elsewhere.

He also said the University was rehabilitating some sports fields at the University.

So far the basketball, netball, and volley ball courts have been completed and are only remaining with the football and tennis court.

ZANIS/CMC/ENDS/MM

Video footage used in Nakonde bank robbery case

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A senior Barclays bank official has told the Nakonde magistrate court how he played back the Closed Circuit Television [CCTV] footage to show how money was allegedly stolen from the bank.

This is in a case in which two Barclays bank officers, Derek Lengwe and Harold Mutukwa both residents of Nakonde district are alleged to have stolen K43 million cash from the bank.
The two are jointly charged with one count of theft by public servant contrary to the laws of Zambia.

Barclays Bank Country Fraud Manager Albert Sikapizye told Nakonde magistrate John Kajiko Njapau that he rushed to Nakonde upon receiving a report about the missing cash on February 7, 2009.
Mr. Sikapizye whose core duties involve investigating and managing fraud said he used video footage captured by the CCTV which is installed in the bank to investigate the behavior of the accused persons on the day the cash went missing.

The senior Barclays official who played back a DVD copied from the footage captured by the CCTV said the behavior of accused number one Derek Lengwe was peculiar.
He said Lengwe who was with Mutukwa in the strong room had his hand in the pocket through out the last few minutes as captured by the CCTV as if to hide what was in his pockets.

Mr. Sikapizye said Lengwe later disappeared from the Bank with seven blank VISA cards which were later recovered from his home during investigations.
He said Lengwe disappeared from the bank with keys for the safe shortly after 11:20 hours and never returned.

In cross examination Mr. Sikapizye said his investigations mainly centered on Lengwe because his behavior on the material day was peculiar.
He added that the CCTV video footage showed all activities of February 7 but that he concentrated on the activities of Lengwe because of the manner he started behaving right from the time he finished collecting money from the safe to the time he suddenly disappeared from the main bank hall.

In cross examining Mr. Sikapizye, Lengwe wanted to find out why the video footage captured by the CCTV which is installed in the bank concentrated on him leaving out the activities of his co-accused.
Facts before the court were that Derek Lengwe and Harold Mutukwa in Nakonde district of Northern Province of the republic of Zambia whilst acting together did steal K43 million cash belonging to their employer, Barclays Bank.

The two accused persons have pleaded not guilty to the offence. Magistrate Njapau has set April 27, 2009 as date for ruling.

ZANIS/JM/ENDS/MM

ANC almost certain to win SA elections

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South Africa’s ruling party African National Congress (ANC) is almost certain to win today’s election, but it still faces the biggest challenge since coming to power at the end of apartheid in 1994, according to latest surveys.

The key issue is whether it can retain the two-thirds majority in parliament which it has kept for the past 15-years it has been in power.
As the governing party, the ANC has always focused on reconciliation, stability and development; resolving ethnic problems properly, improving black people’s political and economic situations. Some polls showed that the ANC still dominates politics in South Africa and is expected to obtain 60 percent of the vote in today’s election.

The recently formed breakaway party Congress of the People (COPE) formed by ANC dissidents last year, may pose the biggest challenge to the ANC.It could reduce the ANC’s dominance in parliament in the face of growing public anger over graft, poor services, poverty and crime.
However, the National Prosecuting Authority gave the ANC a boost in mid-April when they dropped graft charges against the party leader Jacob Zuma, paving the way for him to be elected president.
COPE has changed the political landscape, but some analysts said its chances of breaking the ANC’s dominance have faded after an initial buzz.
Recent polls have shown that as a party set up just a few months ago, the COPE could only draw eight to 12 percent of the votes with some polls placing the party at six percent.

South Africa’s main opposition Democratic Alliance (DA) only won 12 percent of the votes in the last election in 2004 and is largely regarded as a white-dominated party, just winning limited support among black voters. DA leader Helen Zille has set a goal for her party to prevent the ANC from gripping a two-thirds majority in parliament which it needs to rewrite the constitution.

Internal splits have become the main reason for the ANC’s decreased support. The party was rocked by internal feuding between party leader Zuma and former president Thabo Mbeki’s supporters and resulted in the creation of COPE late last year.

Meanwhile, South African people are growingly concerned about unemployment, HIV/AIDS, crime, poverty and corruption among others. HIV and AIDS are major health concerns with the country ranked fifth in terms of HIV/AIDS prevalence globally. The South African National HIV Survey estimated that 10.8 percent of all South Africans over two years old were living with HIV in 2005.
Crime has had a pronounced effect on the South African society: many middle-class South Africans moved into gated communities, abandoning the central business districts of some cities for the relative security of suburbs.
ZANIS/XINHUA/ENDS/MM

Namugala urged to use traditional ceremonies to market Zambia

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The Tonga Traditional Assocation (TTA) has urged Tourism , Environment and Natural Resources Minister Cathrine Namugala to fully utilise traditional ceremonies to market the country’s tourism.

In an interview with ZANIS yesterday, TTA president Dickson Namanza said it is unfortunate to note that Ms Namugala’s ministry has to date not recognized the potential of some traditional ceremonies, apart from ones like Kuomboka,Ncwala and Umutomboko ceremonies, to market the country’s tourism internationally.

Mr.Namanza said traditional ceremonies held in other provinces such as the Gonde Lwiindi ceremony of the Tonga speaking people have not been receiving overwhelming support from the ministry.
He said the association was trying hard to ensure that the Gondo Lwiindi ceremony in particular, is put on the world map in order for international tourists to appreciate the rich Tonga tradition.

Mr.Namanza said government must also consider revising grants given to traditional ceremonies saying the standardised K 2.5 million grant was not sufficient.
He however commended MTN for supporting the recently held Kuomboka ceremony of the Lozi people by donating K90 million to ensure its success.

Mr.Namanza called on other stakeholders to emulate MTN’s gesture by supporting other traditional ceremonies as this would go a long way in enhancing the traditon and culture of all tribes in the country.
He said the TTA was already on the ground preparing for the 2009 Gonde Lwiindi ceremony to be held in July in Monze district.

Mr.Namanza said the TTA would ensure that traditional discipline is consolidated and promoted through providing excellence in receiving people from all walks of life.

ZANIS/PB/ENDS/MM.

ANALYSIS:Siliya tribunal reveals porosity of the Zambian Constitution

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AS the past events progressed culminating in the final resignation of Communication and Transport minister Dora Siliya yesterday, serious questions have been asked about the porosity of the Republican Constitution in dealing with constitutional breaches.

In particular, questions have been asked whether the legal advice of the Attorney General has the force of an order, a breach of which should be prescribed by law.

At centre stage of the case involving Ms Siliya has been that she ignored the advice of the Attorney General when she awarded a contract to RP Capital Limited of Cayman Islands to evaluate ZAMTEL assets and consequently in breach of the Constitution, namely article 54(3).

Since then the legal fraternity has been engaged in a debate as to whether the language that Article 54(3) is couched, the duty to seek the advice of the attorney general explicitly points to the likely consequences if this advice was not sought, or let alone not followed.

Article 54 of the Constitution creates and sets out the powers and functions of the office of the Attorney General and Article 54(3) states:

Subject to the other provisions of this Constitution, an agreement, contract, treaty, convention or document by whatever name called, to which Government is a party or in respect of which the government has an interest, shall not be concluded without the legal advice of the attorney general, except in such cases and subject to such conditions as parliament may by law prescribe.

This far, the article makes it explicit that no agreement, contract, treaty or whatever document that Government is a party or has an interest in, can be concluded without first seeking the legal opinion of the attorney general..

After all, the attorney general is only an advisor and he cannot tell or command the principal to follow his advice.

In this respect Article 54(3) does not say the advice rendered by the attorney general must be followed.

It simply says no agreement, contract shall be concluded without the legal advice of the attorney general. It does not prescribe the penalties.

The flip side of the coin is, if one does indeed consult does it render the advice tendered binding?

“If you are asking for advice, is the advice binding. No. The person asking has a choice to accept, reject or modify the advice. And what is the effect of not consulting? The answer is that the advice is not binding,” an observer says.

Article 54(1) refers to the attorney general as the principal legal adviser.
Which means that when one is an advisor, his duty was simply to advise. Period.

Late president Levy Mwanawasa made this fact very clear when he appointed and swore in Mumba Malila as attorney general on December 8, 2006.

At the time, he made a statement to the effect that; the advice of the attorney general could either be accepted or rejected and tasked him not to make public the advice he renders to Government.

“Now if you are going to serve as a proverbial head boy, you will find it very difficult to guide the Government in the field of law. I am a lawyer by profession and State counsel. They say it takes 99 years to train a lawyer. In other words I am capable of making mistakes.

“I do hope that you will encourage the spirit of dialogue and the spirit of advice. Your advice can be accepted or rejected. That is why you should not discuss the matter of advice in public,” Dr Mwanawasa said.

It was as if he was saying the attorney general has to win the confidence of Government on any advice he renders.

However, the main problem that the Zambian Constitution has suffered over the years, and which the case of Ms Siliya has brought out is that it is very porous in a number of areas.

Observations have been made that apart from the vagueness, in its current form Article 54(3) and many others in the Constitution is inconclusive and porous.

Some observers pointed out that the Constitution in its current form did not provide for penalties in the event of a Government official or minister concludes an agreement without seeking the advice of the attorney general.

This is because whereas there is a duty or an obligation for all contracts, agreements, contract, or whatever name it is called and to which Government is a party or has an interest, to bear the legal opinion of the attorney general, the provision is silent on the consequences or penalties in the event of a breach.

So whereas the tribunal headed by Justice Dennis Chirwa in its findings found Ms Siliya to be in breach of Article 54(3) of the Constitution for not heeding to the advice of the attorney general, there was no corresponding penalty, hence referring the matter to the president.

In considering the allegations that Ms Siliya had ignored the advice of the attorney general when she awarded the contract to RP Capital Partners of Cayman Islands to evaluate assets of Zamtel, the tribunal found that the minister usurped the powers of the Zambia Development Agency (ZDA).

“The advice of the attorney general of the 5th January, 2009 was that the first memorandum of understanding be treated as a nullity and be re-done. His advice was not that a second memorandum of understanding concerning the role of the Zambia Development Agency be signed.

Further, the role spelt out for the Zambia Development Agency in the second memorandum of understanding is merely that of providing supervision over RP Capital Partners Limited. Therefore, the second memorandum did not address the chief concerns raised by the attorney general.

“At this juncture, we note that the provisions of the Zambia Development Agency Act, No11 of 2008 do not give powers to a minister to do what Hon Dora Siliya did. The action she took unlawfully usurped the powers of the Zambia Development Agency.

We further note that the Attorney-General had indicated in his letter of the 5th of January, 2009 that since the Memorandum of Understanding related to the privatisation of a parastatal company, it should have been signed by the Minister of Finance and not Hon. Dora Siliya. Indeed under Section 44 of the Zambia Development Agency, Act No. 11 of 2008, the minister responsible for finance is the authority empowered to sign the sales agreement to transfer shares or assets to the selected bidder.

Therefore, we agree with the attorney general that the memorandum of understanding which was the preliminary stage leading to the final sale and transfer of the assets of Zamtel should have been signed by the minister of Finance. That aspect of the attorney general’s letter of the 5th January 2009 was not addressed.

It is clear that Hon Dora Siliya ignored the attorney general’s advice of the 5th January 2009,” the tribunal report reads.

The use of the word “shall” prohibits any Government minister or official from signing any agreement, contract etc without seeking the legal opinion of the attorney general.
In law, the word “shall” implies mandatory as opposed to “may” which confers discretion on the part of the Government official.

So then the question is, does the attorney general’s advice has to be sought? And if it is sought, does it have to be followed? Is it binding?

Some observers say despite the use of the word “shall” which gives advice the connotation of a mandatory order, the force of the provision is in fact the reverse.

The advice sought and when given is in fact discretionary, in that it can be accepted, rejected or modified by the principal.
The Zambian Constitution is structured in such a way that there are no express provisions for the consequent breaches.

The other side of the argument is that the attorney general’s advice is mandatory and there are no two ways about it.
The problem is that there are no penalties that are prescribed and therefore it can only be left to the president to deal with it.

“It is a constitutional matter which only the president can address and he should be left to decide what is best.”

Given the circumstances, the president was presented with two options, either to fire or ask Ms Siliya to resign.

The option of asking Ms Siliya to resign was more plausible. Even in the United States, officials who found themselves in similar circumstances are normally asked to resign quietly.

The beauty is that it gives the president leeway to re-appoint such an official years later as opposed to firing.
This partially explains why Ms Siliya took the decision to stand down as minister.

However, in order to put matters beyond doubt, issues of consequences and penalties arising from breaches of the Constitution need to be dealt with.

The problem with the Constitution is that many provisions are vague and leave a lot hanging or to chance. Many clauses have to be amended to include penalties. Otherwise, it creates and will forever remain a problem.

Even matters judged to be a breach will remain debatable.

[ Times of Zambia ]

Communications and Transport Minister Dora Siliya tenders in her resignation

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Ms. Siliya
Ms. Siliya

Communications and Transport Minister, Dora Siliya, has resigned from her ministerial position.

And President, Rupiah Banda, has accepted Ms. Siliya’s resignation.

A statement issued by State House Chief Analyst for Press and Public Relations Dickson Jere says the president has also thanked Ms. Siliya for her contribution to the development of the country.

The statement says Ms. Siliya decided to step down in view of the findings of the Tribunal that probed her alleged abuse of office.

And President Banda has noted that the Tribunal did find as a fact that Ms. Siliya was somewhat misled by the confusion in the Attorney General’s chambers.

The President has accordingly decided to re-organise the Attorney General’s Chambers in a bid to prevent the reoccurance of the same confusion in future.

Mr. Banda said he will table before cabinet the MOU signed with RP Capital Partners over the evaluation of ZAMTEL assets, for determination.

He urged the nation not to lose focus on various problems facing ZAMTEL and the plight of its workers.

The President has observed that ZAMTEL has continued to acrue huge debts which need to be resolved before the situation gets out of hand.

Meanwhile, President Banda has urged people who are not happy with the findings of the Tribunal to avoid making unwarranted statements in the press.

He said the normal procedures provided for in the law should be followed as opposed to attacking the Tribunal.

He said the findings of the Tribunal showed that Zambia’s judiciary is independent and must be supported at all times.

The Tribunal found that Ms. Siliya had breached Article 54 of the constitution by ignoring the Attorney General’s Legal advise on the MOU between government and RP Capital Partners.

The Tribunal chaired by Judge Dennis Chirwa however, cleared Ms. Siliya on allegations that she breached part two of the parliamentary and ministerial code of conduct.

[ZNBC]