CHIEF Justice Ernest Sakala is awaiting a report from the Anti-Corruption Commission (ACC) regarding its investigations against former Finance and National Planning minister, Ng’andu Magande before he can consider constituting a tribunal to probe him.
Chongwe resident, Waziona Nkhwekwe, on March 23, 2009 petitioned Mr Justice Sakala to set up a tribunal to probe Mr Magande for allegedly abusing his authority in handling the Zambian Airways debt issue.
Justice Sakala said in response to Mr Nkhwekwe that he had been informed by the ACC that it was investigating Mr Magande in connection with his role in the defunct Zambian Airways and could, therefore, not appoint a tribunal.
Mr Nkhwekwe had in his letter to the chief justice said Mr Magande allegedly breached part two of the Parliamentary and Ministerial Code of Conduct Act, Cap 16 of the laws of Zambia.
In his response, through letters dated March 24 and 30, 2009, Justice Sakala said he was awaiting a report from the ACC who had informed him that they were investigating the former minister in connection with the Zambian Airways issue.
He said it had always been a practice that the matter brought up for a tribunal was supposed to be referred to the relevant law-enforcement agencies before the decision to either constitute the tribunal or not could be made.
Mr Justice Sakala said it was for that reason that he decided to refer the matter to the ACC and could only make a decision on whether to constitute the tribunal or not once the commission furnished him with the report.
A team of officers from the ACC, the Drug-Enforcement Commission and the police which was constituted to probe the Zambian Airways issue had concluded preliminary investigations and has since handed a docket to the Director of Public Prosecutions for advice.
Warn and caution statements have been recorded from four Zambian Airways directors.
Justice Sakala said in response to the petitioner that Mr Nkhwekwe had correctly alluded to the fact that the law-enforcement agencies were investigating the Zambian Airways issue.
In his letter, Mr Nkhwekwe said he was aware that the investigative wings were investigating the affairs of Zambian Airways but the allegations against Mr Magande touched on his function as a former minister and member of Parliament now.
“My Lord will recall that in 2001, a tribunal was constituted to investigate honourable Messrs Katele Kalumba, Peter Machungwa and the late Godden Mandandi notwithstanding the fact that the Anti-Corruption Commission was investigating the matter,” he said.
But Mr Justice Sakala said that was not correct because in that instance, the tribunal was only constituted after the ACC had completed investigations and handed over a report to then chief justice.
“In your case, therefore, I will await a report on the matter by the ACC. It is only after that that I will consider setting up a tribunal,” he said in the letter dated March 24.
[Times of Zambia]