Former Zambia Army Commander Lieutenant General, Geojago Musengule, has been jailed for four years with hard labour for corruption and abuse of office.

General Musengule has been convicted for irregularly awarding several business contracts to Base Chemicals, a Lusaka based company, when he was army commander.

The contracts to supply fuel to the army are worth millions of US Dollars.

He has also been found guilty of receiving gratification for awarding the contracts to Base Chemicals.

Lusaka Magistrate, Leya Tembo, has also imprisoned Mr. Amon Sibande who is General Musengule’s co accused and Base Chemicals Chief Executive Officer.

Mr. Sibande will serve three years with hard labour for engaging in corrupt activities.

The Court jailed General Musengule and Mr. Sibande despite pleas for leniency.

In mitigation General Musengule and Mr. Sibande said they were first offenders and that they had served the country diligently in the public service and business sector respectively.

General Musengule becomes the third defence chief to be convicted and jailed for corrupt practices and abuse of office.

Former Zambia National Services commandant Lieutenant General, Wilford Funjika, and former Zambia Air force Commander Lieutenant General, Christopher Singogo, are also in prison for similar offences.

/ZNBC/NEWS

The tribunal set up to probe allegations of abuse of office and corruption against Communications and transport minister, Dora Siliya, has stalled.

The tribunal which was expected to begin receiving submissions on Monday morning could not proceed with business because members of the Civil Society have not yet hired a lawyer.

The civil society is party to the petition against Ms. Siliya.

Transparency international Zambia Executive Director, Goodwell Lungu has asked the chairperson of the Tribunal, Judge Dennis Chirwa, to adjourn the proceedings for another 48 hours to enable the civil society to find lawyers.

However, the adjournment of the proceedings displeased both Judge Chirwa and Ms. Siliya’s lawyer, Eric Silwamba.

And Judge Chirwa who is the Chairman of the Tribunal said he does not have powers to send Ms. Siliya on sabbatical leave or suspension pending the hearing of the allegations against her.

Judge Chirwa and Mr. Silwamba said the powers to appoint and disappoint a minister are the prerogative of the president.

They were responding to concerns by petitioner, William Harrington’s lawyer, Bonaventure Mutale, who argued that Ms. Siliya’s continuation as minister will render the tribunal as a sham.

Mr. Mutale said it is undesirable that Ms. Siliya continues as minister when the complainants in the tribunal have subpoenaed her subordinates to testify against the minister.

The tribunal has been set up in accordance with section 13 of the parliamentary and ministerial code of conduct after complaints by Mr. Harrington and 10 non governmental organizations.

Ms. Siliya is among other issues, accused of not following procedure when awarding contracts to an international firm to value ZAMTEL assets before the company is privatised.

The Vice President says the allegations against public prosecutor, Mutembo Nchito, are serious because they involve money laundering, racketeering and theft.

George Kunda, was speaking when he received a petition from New generation party and the Leadership Search.

The two institutions are demanding the removal of Mr. Nchito from the Task Force on Corruption.

Mr. Kunda said Government will consider all the allegations against Mr. Nchito when looking at the petition.

He said Mr. Nchito as a public prosecutor was appointed through the Director of Public Prosecution and the Attoney General.

He said the two offices will have to be consulted when considering the public out-cry on Mr. Nchito’s continued stay in the task force.

Leadership Search executive Director, Edwin Lifwekelo said Mr Nchito should be relieved of his duties because his stay would frustrate the investigations initiated by government on Zambian Airways.
[ZNBC]

THE Forum for Leadership Search and the New Generation Party (NGP) have called on the Government to immediately drop Task Force on Corruption prosecutor, Mutembo Nchito, saying his stay at the Task Force will allegedly compromise investigations at the defunct Zambian Airways.

Forum for Leadership Search executive director, Edwin Lifwekelo and NGP president, Humphrey Siulapwa made the call at a joint Press briefing in Lusaka yesterday.

Mr Lifwekelo said Mr Nchito’s stay at the Task Force on Corruption would compromise investigations by the law-enforcement agencies at Zambian Airways where he was also a director.

“Our concern, members of the Press and the implication of this is that his role as Task Force prosecutor is under spotlight and being compromised.

“We are afraid that the probe that has been instituted will be undermined by Mutembo Nchito as long as he remains the Task Force prosecutor,” he said.

Mr Lifwekelo said Mr Nchito, as chief executive officer of Zambian Airways, was being accused of allegedly using Zambian Airways as a vehicle to defraud and steal public funds from banks and State institutions.

Mr Lifwekelo said Mr Nchito’s free interaction with law-enforcement agencies should be curtailed by removing him from the Task Force on Corruption.

“It is a fact that Mutembo Nchito is connected to top investigators in the country who are under his direct authority, and during this investigation, officials will be having difficulties to keep facts under the lid as key investigation findings are being leaked to The Post Newspapers,” he said.

The Zambia Police Service, the Drug Enforcement Commission (DEC) and the Anti-Corruption Commission (ACC) have instituted a probe into the financial irregularities surrounding the collapse of Zambian Airways.

Mr Lifwekelo said his organisation and others would today petition Vice-President and Justice Minister, George Kunda to have Mr Nchito removed from the Task Force as prosecutor.

He said the debt the airline had accrued should not be politicised and that President Rupiah Banda should not be accused of having a hand in the downfall of Zambian Airways, which started experiencing problems even when the late president, Levy Mwanawasa was alive.

And Mr Siulapwa said his party supported President Banda’s stance on the need for Zambian Airways to repay the money it owes various institutions, including the Government.

Mr Siulapwa said according to the information that the party had, Zambian Airways owed Zambia Revenue Authority (ZRA) US$2 million, National Pensions Schemes Authority (Napsa) $2.5 million, National Airports Corporations Limited (NACL) $2.5 million and Finance Bank $ 6.3 million.

He said other named creditors were owed $9.5 million, Intermarket Banking Corporation $1.5 million, Bravo Capital $1 million, Investrust Bank $1 million and the employees, bringing the total debt to $29 million.

He said if the directors of the company were found culpable, the law should take its course.

He said only legitimate organisations responsible for dealing with criminal matters should be allowed to handle and investigate the Zambian Airways saga. Mr Nchito could not be reached for a comment.

Mr Siulapwa also said his party was in support of the tribunal set up to investigate Communications and Transport Minister, Dora Siliya over the awarding of the contract to RP Capital to evaluate Zamtel assets.

[Times of Zambia]

FORMER Deputy Minister of Energy and Water Development, Lameck Chibombamilimo, has said that President Banda’s decision to fire him was based on misinformation.

Speaking at a press briefing at Crystal Gardens and Restaurant in Lusaka yesterday, Mr Chibombamilimo said he was a loyal member of the Movement for Multi-Party Democracy (MMD) and that he had sacrificed a lot, including personal resources, for the ruling party.

Mr Chibombamilimo said that he has never plotted against the government with former First Lady, Maureen Mwanawasa.

He said he has spoken with Mrs Mwanawasa on phone three times after President Mwanawasa’s death, because he has a moral obligation to comfort those that were in mourning.

Mr Chibombamilimo said that Mrs Mwanawasa, whom he said was now being treated like a leper, needed the friendship of the people that she associated with while the late President Mwanawasa was in office.
He charged that when Dr Mwanawasa was alive, everyone wanted to be a darling of Mrs Mwanawasa for personal benefit.

Mr Chibombamilimo said it was sad that it was becoming a tradition for a person who leaves the office of presidency to be isolated.

Mr Chibombamilimo, who is Member of Parliament for Mpulungu, said he campaigned for President Banda in last year’s Presidential election at a time when people in the area (Mpulungu) aligned themselves more to the opposition.

He said during one of his campaign expeditions, his personal speed boat developed a fault on Lake Tanganyika and that he spent about K3 million to get it towed to shore.

“During this very difficult time of our campaigns, there were people that lied to Mr Banda that I was campaigning for the opposition,” Mr Chibombamilimo said.

He said when he returned from the campaign tours, his five children had been sent away from Lake Road School in Lusaka because he had not paid their school fees. The children only went back to school when he took some time off to look for money.

He said he was saddened by the manner in which President Banda announced his dismissal when he addressed MMD cadres at State House.
Mr Chibombamilimo said he was just waiting for his formal expulsion by the MMD National Executive Committee (NEC) because no one could counter the President’s wish.

He said he would defend the Mpulungu parliamentary seat on a party ticket to be advised by his constituents.
Mr Chibombamilimo said that he would also unveil to the people of Mpulungu the truth that they did not know.

President Banda fired Mr Chibombamilimo together with Deputy Minister of Science and Technology, Jonas Shakafuswa, on Thursday for allegedly failing to show allegiance to their party and government.

Mr Chibombamilimo also denied any collaboration with The Post newspaper. He said that the newspaper has sometimes refused to publish some of his statements.
He said The Post allegedly refused to give him the right of reply when he wanted to defend himself against allegations by MMD Northern Provincial vice secretary, Mr Jairus Simunyola, that he was a source of conflicts in the area.

He said he was also denied space in the newspaper recently when he asked the nation and MMD to rally behind President Banda’s government.

By Richard Mulonga:

It seems to have died out now, but the debate still rages on in many circles of our society. Should the mandate of the National Constitutional Conference (NCC) be extended?

The NCC was established under the NCC Act number 19 of 2007. This Act specifies the mandate, functions, composition, powers, and the procedure on how the functions of the conference shall be executed.

The NCC Act gives the Conference a period of 12 months from the time it came into effect in which to complete its work of debating, deliberating and adopting a new constitution.

However this period does not include the period when the National Assembly is sitting. Members of the NCC may request the president to extend this period if they consider the period provided to be inadequate.

According to the NCC Act, once the final draft is completed, the draft document shall be published for a period of sixty days in both English and the local languages which include Lozi, Tonga, Bemba, Nyanja, Luvale, Lunda and Kaonde. This will be done in order to solicit for comments from the members of the public.

The NCC started its work on December 19th, 2007 after then republican President Levy Patrick Mwanawasa launched the conference.

The NCC is expected to complete its work in December this year in a bid to have Zambia’s new constitution by 2011.

The enactment of the NCC Act followed the recommendations of the people to the Mung’omba Constitutional Review Commission (CRC) that the Constitution should be adopted by a Constituent Assembly, a Constitutional Conference or any other popular body that would represent the views of the people.

There have been calls from some members of the NCC, civil society and other sections of the Zambian public to extend the lifespan of the NCC.

The contention for many who have joined the clarion call to have the NCC mandate extended is that the body should be given enough time to thoroughly complete the duty of producing Zambia’s new constitution.

Some people, who have taken an antagonistic stance on the NCC have been described as making unrealistic demands.

According to those who are in support of the extension of the NCC, the contention is that the constitution making process demands extra attention to detail and rushing it was detrimental because doing so would be simply bowing to demands of detractors.

But there have also been factions with contrary views on the life span of the NCC.

For instance, in October last year, Women for Change co-ordinator Lameck Simwanza demanded that the NCC should complete its work within six months to save on time and other resources.

As at December 2008, the NCC had spent K43.5 billion out of the K309 billion, which was budgeted.

This contrary to views by some Zambians that the NCC had spen K400 billion that was budgeted for the constitution-making process.

At the moment, there are 495 members who have been appointed by the Secretary to the Cabinet under section four of the NCC Act.
However, 40 members have boycotted the NCC citing different reasons such as those alleging that the NCC was spending colossal amounts of taxpayer’s money.

Hitherto, the NCC members who boycotted the process are free to join at any time and contribute to the adoption of the new Constitution.

The NCC has made major progress in its work. Last week, chairperson Chifumu Banda said that most of the committees on the NCC had completed their work.

From the time the NCC started its work, the committees had worked tirelessly to satisfy their duties. These committees have been traversed the constitution-making process in the midst of criticism that emerged from different directions.

But the people who have been criticizing the NCC cannot be entirely dismissed because they provided a watch-dog role, which is essential in any democratic dispensation such as the one we are experiencing.

Regarding the extension of the NCC, vice president George Kunda said making a constitution was a realistic programme, which should not be rushed.

Mr Kunda said Zambians must reflect seriously on experiences such the death of a sitting President a country would face and these experiences needed to be enshrined in the constitution.

“We need to think and reflect on the experiences we have faced as we reconsider our constitution. We are now much wiser and lets look at the constitution in such a manner,” he said.

This author would like to agree with factions that are calling for the NCC to stick to its initial timeframe to thoroughly complete its work.

The Constitution contains far-reaching guidelines and provisions touching on every aspect of activity in Zambia.

It is unrealistic for anyone to suggest untenable deadlines in the making of the constitution.

Whatever the interests that may exist inside all those making comments on the extension of the NCC, it is imperative to observe that the interest of Zambia must come first.

The NCC was allocated enough time by experts who were engaged in planning for this exercise.

It is therefore, not realistic to call for an extension or to curtail to current timeframe that was allocated.

This author is certain that the NCC would complete its mandate by December this year and that the new constitution shall be ready before the next elections.

There are financial and other logistical implications involved in the constitutions making process.

These resources have deprived other equally needy areas of this country. Therefore, it would be folly for any authority to extend the lifespan of the NCC because it would gobble more money in terms of allowances, secretariat operations and other expenses.

On the other hand, it would be recklessness of the worst order if we decide to stop the work of the NCC now because we would come up with a piecemeal or incomplete document where we would have spent colossal sums of money in futility. That would be disastrous especially that Zambia is in dire need of these resources.

If we provide a fake constitution as it has been in the past, posterity will judge us severely, in the same manner it is judging us now.

The timeframe provided to finish this constitution must be taken as an opportunity for Zambians to participate in the debate.

“It is easy to talk but we have said let us not be politicking over this matter. If we are to amend part three of the constitution, it will require us going to a referendum,” NCC spokesperson Mwangala Zaloumis said during the height of the debate.

Southern Africa Centre for the Constructive Resolution of Disputes (SACCORD) executive director Lee Habasonda is up beat that the NCC should wind up its work this year.

Mr Habasonda said if the new constitution was ready by next year, it would prepare the country for better elections in 2011 because constitutional lapses were a source of conflicts.

But it is gratifying to note that the NCC has not made any request to extend its mandate. Chairperson Chifumu Banda said he was optimistic that the NCC would complete its work within the stipulated time and ensure that the nationa had a new constitution by 2011.

“We have not made any request to extent the mandate of NCC and those that have said so have done it in their own capacities.

“As far as we are concerned, we shall have a new constitution by 2011 and we are staying by our timetable and shall not be swayed by such people,” he said.

The subject regarding the extension of the NCC mandate need to be handled with level headedness and in close consultation with the NCC Act which is so clear on the matter.

By the time this article is published, the 11 committees of the NCC would have completed their assignments.

This leaves no opportunity to extend the mandate of the NCC.