The Supreme Court in Zambia has reserved ruling in a case where the opposition Patriotic Front (PF) has applied for a presidential vote recount in last year’s poll.

Acting Chief Justice Irene Mambilima, sitting with other four Supreme Court Judges Marvin Mwanamwambwa, Sandson Silomba and Dennis Chirwa reserved ruling to March 11th, 2009.

This was after the matter came up for hearing before her Tuesday morning.

PF leader Michael Sata’s lawyer Bonaventure Mutale submitted that some of the constituencies and polling stations were allegedly supervised by unauthorized persons who had no legal mandate to do so.

Mutale alleged Chisamba, Mwembeshi, Michinga, Serenje, Milenji, Nakonde, Mbala and Senga Hills as some of the constituencies where returning officers were not legally mandated to supervise the elections.

He also submitted that the affidavit by the respondents stated that some names were merely transposed, saying this was an admission that there was a serious error.

But Solicitor General Dominic Sichinga submitted that the court should dismiss the application for a recount as it had insufficient evidence.

And Christopher Mundia submitted that it was extravagant for the petitioner to apply for a recount in all 150 constituencies when no evidence had been adduced.

There was tight police security at the supreme court grounds as the presidential application for a recount was been heard.

Meanwhile, Mr. Sata urged PF cadres after the hearing to remain calm and peaceful as they proceeded to their respective places.

Vice President George Kunda has described comments being made in the Post Newspaper on the signing of the Zamtel MOU as information leaked, incomplete, selective, premature and illegally possessed and that the comments do not portray the complete picture of the matter in dispute.

Mr. Kunda said people must not follow the statements being published in the Post Newspaper as they are unfounded, incomplete, erroneous and politically motivated.

He said that people must follow the Ministerial statement that the Minister of Communications and Transport Dora Siliya issued in Parliament as it was reflecting a true status quo based on the documents available to government.

The Vice President further said that it was unfortunate that the Zamtel mater has been heavily politicized by the Post Newspaper and that it appeared to government that the paper had acted as investigator, prosecutor, judge, jury and executioner of the matter.

Mr Kunda said there was nothing irregular in the signing of the Memorandum of Understanding (MOU) between government and the RP Capital of Cayman Islands for the evaluation of Zamtel assets as the departments concerned had followed all the necessary legal procedures.

Mr. Kunda was speaking at a press briefing on the clarification of Memorandum of Understanding (MOU) signed between government acting through the Ministry of Transport and Communication and Zambia Development Agency (ZDA) and the RP Capital Partners Cayman Islands Limited.

He said government did not use illegal means in signing the Zamtel MOU with the RP Capital of Cayman Islands for the evaluation of Zamtel assets as all the necessary legal procedures were carefully followed and referred to the Attorney General’s Chambers for clearance.

Mr. Kunda further said that people must not rush into condemning government as the signing of the Zamtel MOU was clearly dealt with by an Acting Principal Counsel and the Solicitor General before the Attorney General dealt with the matter when he returned back from the African Union Human Rights Duties abroad.

He said people must not just politicize the signing of the Zamtel MOU as the Solicitor General who acted in the Attorney General’s capacity had made further consultations and approved the signing of the Zamtel Memorandum of Understanding between government and RP Capital of Cayman Islands.

Mr. Kunda explained that the MOU has covered the provisions of consultancy services for the valuation of Zamtel assets and the possible sale of the government stake in the Zamtel Company.

The Vice President further said that people should not condemn the tender process which was followed by government and applied to the RP Capital partners as prescribed in the Public Procurement Act as it did not require an advertisement and only required a limited selection or single sourcing.

He also denied reports that a fee of US$2 million had been paid to RP Capital and Partners adding that a fee of five percent of the value of the company within the minimum fee of US$2 million will only be paid upon a successful sale of the company.

Mr. Kunda said the measure will be subjected to Tender Board approval being obtained under the legal requirements of the Zambia Development Agency Act.

ZANIS/TK/AM/ENDS

The Minister of Transport and Communications has denied reports that she canceled the tender for the supply of radars at Lusaka and Livingstone international airports.

Dora Siliya explained at a press briefing in Lusaka that the tender procedure to buy radars is still in progress.

Ms. Siliya also said a number of allegations regarding the tender procedure leveled against her office have been forwarded to the Anti Corruption Commission.

Ms. Siliya said SELEX, an Italian Company, was asked to repair radars at the two airports at its own cost, while the tender procedure was still in process.

The Minister said the offer from SELEX will save government K50 billion, that was to be used for the project.

The Transport and Communications Minister said SELEX was given the go ahead because it is the company that manufactured the radars in question

And the Vice president says there is nothing irregular or unusual about the Memorandum of Understanding signed between government and RP Capital on the valuation of ZAMTEL assets.

George Kunda, who is also Justice Minister, described assertions that the Solicitor General’s opinion was disregarded as totally misconceived and misled.

Mr. Kunda explained that government has in the past used the Single sourcing or limited selection in engaging the services of experts for key consultancy work.

He said single sourcing was used in engaging the expertise of lawyers in a number of matters.

And Mr. Kunda has maintained that the MoU signed by Communications and Transport Minister Dora Siliya was cleared and approved by the Solicitor General.

The Solicitor General acted on behalf of the Attorney General who was at the time abroad on national duties.

The Vice president said issues surrounding the MoU has been highly politicised by the Post Newspaper and opposition political parties.

/ZNBC/NEWS

The Lusaka Province MMD Executive Committee Women’s wing is concerned with the malicious attempt by some section of society to sabotage and frustrate positive efforts being made by government to develop the country.

The women’s wing said it is aware that the malicious criticism against President Rupiah Banda and his administration has been waged out of personal rage and vendetta by individuals and some media houses.

The women in the ruling party have, however, indicated their solidarity to President Banda because he has exhibited ability to develop the country.

The women’s wing also expressed concern at the increasing verbal attacks against other MMD government leaders such as Communications and Transport Minister Dora Siliya.

The wing is worried that much as the people had the democratic right to express their views, the blatant criticism from some media institutions as well as some individuals is a product of motives not associated with the love for the country but purely for personal vendettas.

The MMD women said the party and government would not be shaken malicious attempts to frustrate the good intentions of government so as to make the ruling party unpopular.

ZANIS/CMC/ENDS/SJK

The High Court sitting in Mongu has sentenced a 39-year-old man to 30 years imprisonment with hard labour for defilement.

Appearing before High Court Judge, Tamula Kakusa, in Mongu was Malumo Simasiku of Lealui royal village in Mongu, who was found guilty of defiling a minor contrary to Section 138(1) Chapter 87 of the laws of Zambia.

Particulars of the offense are that on March 15, 2007 in Lealui, Malumo had unlawful canal knowledge of a girl under the age of 16.

During trial the court heard that Malumo promised the girl with a phone and sweets if she did not scream to alert anyone but unfortunately he caught red handed in the act by the victim’s grandmother, who later reported the matter to Police.

In passing judgment, Judge Kakusa sentenced Malumo to 30 years imprisonment with hard labor with effect from 15th March 2007.

ZANIS/ENDS/BPM/SJK

Five hundred police officers will on today be deployed at the Lusaka High Court, ahead of the Supreme court ruling on a petition to recount last year’s Presidential elections.

Acting Inspector General of Police, Francis Kabonde, says an additional five hundred officers will be on standby to maintain law and order.

The petition has been presented to the supreme court by the opposition Patriotic Front, which is asking the Court to recount the 2008 Presidental ballots.

Mr. Kabonde told journalists in Lusaka that the Police will not tolerate disorderly conduct around the High Court premises during and after the ruling.

And Mr. Kabonde disclosed that the Police service has increased rewards to people who give up illegal firearms.

The amount has gone up from two hundred thousand Kwacha to three hundred thousand Kwacha.

He said 76 million Kwacha has been set aside for the exercise,this year.

The Zambia police service has collected over four hundred illegal firearms in two years and will destroy them during the course of the year.

/ZNBC/NEWS

Former Transport and Communications Minister in the Chiluba government, William Harrington has complained to Acting Chief Justice Ireen Mambilima that the current Minister of Transport and Communications Dora Siliya breached part II of the Parliamentary and Ministerial code of Conduct Act, Cap 16 of the Laws of Zambia.

Mr. Harrington said the complaint was on the allegations that Ms. Siliya awarded a contract in the sum of US$ 2 million to RP Capital of Cayman Islands, against the professional advice of the Attorney General.

RP Capital and Cayman has been contracted to value ZAMTEL assets.

Mr. Harrington argued that this was done without due regard or compliance with the provisions of the Zambia National Tender Board (ZNTB) Act, Cap 394 of the Laws of Zambia.

He said Ms. Siliya did also arbitrarily cancel a duly awarded contract by ZNTB for the supply, delivery and installation of a Zambia Air Traffic Management Surveillance Radar System.

The former minister said this was supposed to be installed at Lusaka and Livingstone in favor of SELEX Sistemi Integrati Company of Italy.

He said ZNTB had awarded the contract to Thales Air Systems of South Africa as the successful bidder.

He hoped that through the Acting Chief Justice’s Office, an independent and competent tribunal should take necessary steps under section 16 Act (3) to allow for thorough investigations on the allegations surrounding Ms. Siliya’s actions.

“I refer to the above quoted subject matter and hereby submit to your office a complaint pursuant to section 13 (1) as read together with section 4 (a) and (b) of the Parliamentary and Ministerial code of conduct in respect of the Honourable Minister of Transport and Communications Dora Siliya,” he said.

The former minister said the complaint was not meant to victimize Ms. Siliya but let her prove herself.

ZANIS/AJN/KSH/ENDS

MMD national chairman, Michael Mabenga, said the party was saddened by Nyirongo’s conviction but that the party would keep quiet on the matter because it was personal.

“First and foremost, as a party we are saddened on how things have turned to be. We feel it’s a lesson that we ought to operate transparently,” Mr Mubenga said.

“It is a sad development and that I have nothing much to say over the conviction of our member,” he said.

Mr Mubenga also said that despite the outcome of the case, the MMD was in control of Bwacha constituency.

“As a party we are in control of Bwacha constituency. We will be on the ground to explain to the people on what has happened,” Mr Mubenga said.

Nyirongo is MMD member of Parliament (MP) for Bwacha constituency in Kabwe.

And the MMD in Kabwe is saddened, too, by the jailing of Nyirongo on two counts of abuse of authority of office.

MMD Central Province provincial secretary, Roy Mulenga, said in Kabwe yesterday that the party sympathised with Nyirongo.

Mr Mulenga said, however, that sentencing was a warning to public service workers that they should observe the law when serving the public.

Mr Mulenga said that the MMD, too, declared zero-tolerance on corruption and so those tasked with the responsibility of serving the country should refrain from any form of abuse of office.

Principal resident magistrate Sharon Newa on Friday sentenced Nyirongo to two years on one count and four years on the second count of abuse of authority of office.

The sentences will run concurrently, meaning that she will only serve four years.

In the first count, Nyirongo was charged for directing a lands officer in the ministry to generate land offer letters to 10 people, who included relatives, family friends and party cadres.

In the second count, the former minister was charged for directing a junior technical officer in the Ministry of Agriculture and Cooperatives, Christopher Chewe, to subdivide a former ZCCM farm number 390A located in Kabwe into two plots for herself and Mr Chewe.

[Zambia Daily Mail]