
VICE-President George Kunda has said that President Banda will not suspend Minister of Communications and Transport Dora Siliya pending investigations of the tribunal into allegations leveled against her as no law warranted such an action.
And former Minister of Communications and Transport, William Harrington has asked President Banda to suspend Ms Siliya to facilitate investigations into allegations of abuse of authority and corruption.
At media briefing in Lusaka yesterday, Mr Kunda said the President would only act upon the report of the tribunal.
“There is no law or precedent which compels the Minister in question to go on leave or her suspension pending the conclusion of such an inquiry,”
Mr Kunda said.
He said that the tribunal to be set up by the Acting Chief Justice Ireen Mambimilima would conduct an inquiry not a criminal trial as Ms Siliya has not been charged with a criminal offence.
The Vice-President said there had been two of such tribunals set up to investigate ministers and it was on record that these ministers never went on leave nor were they suspended.
He said at the end of it’s work, the tribunal may make recommendations to the President in accordance with Section 14 of the Parliamentary and Ministerial Code of Conduct Act Cap 16 as regards to actions, criminal prosecution or other further actions as it thinks fit.
“The President will only act upon the report of the tribunal after it is rendered. This is the position of the appointing authority,” Mr Kunda said.
He said it was Government’s understanding that the tribunal to be set up was as good as a commission of inquiry under the Inquiries Act, Chapter 41, from which the Parliamentary and Ministerial Code of Conduct Act borrows some of its provisions in Section 15 (10).
And in a letter to President Banda, Mr Harrington commended him for the support he has rendered to the decision by Justice Mambilima to appoint a tribunal to probe Ms Siliya.
He said President Banda’s directive to the Secretary to the Treasury Likolo Ndalamei to fund the tribunal that would be set up under the Ministerial and Parliamentary Code of Conduct was testimony of his personal commitment to fight corruption at all levels.
Mr Harrington however asked the President to suspend Ms Siliya from official duties in order to allow for a free and fair investigation against her.
Ms Siliya is alleged to have awarded contracts for evaluating Zamtel’s assests and supply of a radar system at the Lusaka and Livingstone International Airports.
“I am requesting you to consider exercising your prerogative as provided in the Constitution of the Republic of Zambia to suspend, in public interest, Ms Siliya from her official duties pending the outcome of the tribunal,” Mr Harrington said in a letter to President Banda.
He said that this was necessary and expedient to allow for a free, fair, transparent and unhindered investigative process by the tribunal.
Mr Harrington said thorough investigations may not be conducted if Ms Siliya was allowed to continue discharging her duties as officials at her ministry and outside may wish to testify or could be summoned by the tribunal.
He said such persons and witnesses may naturally feel inhibited to do so if Ms Siliya continued heading the ministry.
President Banda has welcomed Justice Mambilima’s decision to create a tribunal to probe the Minister and hopes that all those that were involved in this debate would allow the tribunal to do its work in a professional manner.
[Zambia Daily Mail]