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