THE Lusaka Magistrate Court yesterday heard that former State House special assistant for press and public relations, Richard Sakala, allegedly influenced the sale of an Indeco Estates property to a private company.

This is in a case in which Sakala is charged with abuse of authority of office involving the sale of a Presidential Housing Initiative (PHI) house at a discounted fee to a non-eligible person.

He is alleged to have sold the house to a non-sitting tenant at a discounted price of K16 million while he was PHI chairperson.

Sakala is also charged with executing a valuable security by false pretences.

In the third count, Sakala is charged with a Mrs Nelly Mwila for forgery.

State witness George Chanda said in examination in chief that Sakala intervened in the sale of the Indeco Estates property when he was chairperson of the company’s board of directors.

He was led before senior resident magistrate Sharon Newa.

yesterday by Task Force on Corruption public prosecutor, Godfrey Kayuka.

Mr Chanda, 42, of 3292 Woodlands, Lusaka, who is former Indeco Estates chief executive officer, said Lusaka Water and Sewerage Company previously occupied the property in question, situated on Haile Selassie Avenue in Longacres area.

“After Lusaka Water and Sewerage Company vacated, we decided to dispose of the property. We approached the board of directors to inform them that we have decided to dispose of the property. Our request was not approved,” Mr Chanda said.

He said the board later asked management to find a tenant to rent the property.

“After sometime, we found a tenant in the name of Daniel’s Restaurant,” Mr Chanda said.

He said after sometime, Sakala informed him that the UN was interested in the property and that the Zambian Government was under obligation to surrender the property to the UN.

He said Sakala further told him that the UN would get the property without paying for it.

“As management, we were not happy because we needed money for the company. Instead of surrendering the property to the UN, we decided to dispose of the property immediately,” Mr Chanda said.

He said one of the conditions of sale was that would-be buyers should be Zambian.

“Under normal circumstances, when the property has a tenant, first offer should be given to such tenant who enjoys the right of first refusal,” Mr Chanda said.
He explained that Indeco had difficulties in offering the property to Daniel’s Restaurant because the owners were non-Zambians.

He said the company could not advertise the property for sale to the public “because we were fearing that people who were interested in getting it for free would know that we were selling it.”

It was at this point that Sakala offered to identify someone who could buy the property and later identified Joritas Enterprises Limited.

Mr Chanda said Joritas offered to buy the property at K140 million and that Indeco accepted the offer and engaged M Musaluke Advocates to prepare the contract of sale.

“After paying the purchase price in full, they (Joritas) advised us through their lawyer that the property should be transferred in the name Helen Mumba Waynes,” he said.

Mr Chanda said as chief executive officer and director, he prepared and executed an assignment for sale and a Mr Chewe, who was company secretary and finance manager, signed it.

He said Indeco started selling its properties following a Government directive.

Mr Chanda said once an offer for sale was made and paid in full, the property should be transferred in the name of a person who had purchased it.

He also said all the properties were valued by independent consultants.

Earlier, Cabinet Office permanent secretary for administration, Oliver Kalabo, testified on Sakala’s appointment into the public service.

Mr Kalabo, 45, of plot 1306, Lilayi, said Sakala was appointed as State House special assistant for press and public relations in January 1992.

He said Sakala was later appointed PHI chairperson after a cabinet decision.

The matter was adjourned to October 8, 2007 for continued trial.

And former Minister of Lands, Gladys Nyirongo appeared for mention in a corruption case involving alleged illegal allocation of land.

The matter was adjourned to September 24, 2007 for commencement of trial.

ZAMBIANS should be wary of people forcing them to boycott the sittings of National Constitutional Conference (NCC) because they initially misled others in refusing to submit to the Wila Mung’omba Constitution Review Commission (CRC).

Chief Government spokesperson, Mike Mulongoti said this yesterday in Lusaka after touring the Zambia National Broadcasting Corporation (ZNBC) radio and television studios.

“I want to appeal to the people of Zambia to be wary of people who live in the comfort zone and only appear when the debate on the constitution is crystallising. They appear as vultures when they were not there during the hunting.

“President Mwanawasa appointed the CRC and when he did that, people boycotted and withdrew their members.
Some of their members refused to be withdrawn and were in the process suspended,” Mr Mulongoti said.

He said the CRC, however, went on to produce a document and set the agenda for what was to be discussed.

Mr Mulongoti who, is Minister of Information and Broadcasting Services, said those who withdrew from the CRC process were not focused and helpful.

“After an extension of two days for them to make submissions to the CRC, some of those who boycotted went to make submissions,” he said.

Mr Mulongoti said the majority of the people who submitted to the CRC did not want the constitution to be adopted using a Constituent Assembly (CA) but that it was the CRC, which suggested the mode.

He, however, said the contents of the draft constitution were more critical to the new national law than the mode of adoption.

“They can’t boycott now when they claim that they have evidence to make a good constitution. Why can’t they take that knowledge to enrich the constitution through the NCC?” Mr Mulongoti asked.

He said Government would remain consistent over the constitution review process.

Mr Mulongoti said the constitution making process was an endeavour for all citizens and not for few organisations.

“Don’t be intimidated or cheated that when they go to the NCC, they will represent you better,” Mr Mulongoti said.

He dispelled assertions that Government would go to the NCC to dictate the process.

The minister said Government’s representatives would go there as stakeholders like everyone else.

“Anyone who is saying that Government will have a bigger role is economising on the truth,” Mr Mulongoti said

He refuted claims that the NCC Act was dictatorial just because the President was given powers to dissolve the conference if there was no progress.

Mr Mulongoti said there was no way the conference could be allowed to go on indefinitely in an event that it did not complete its work within 12 months.

“Somebody has to stop it because there are cost implications to it and the President must have the mandate to determine this. Those who are dissuading you, tell them that you will represent yourself because it is a national endeavour.

It is not fair that after spending so much money you tell people to boycott. Take this as a challenge and an endeavour so that we can have a constitution that stands the test of time,” Mr Mulongoti said.

He said former CRC members cannot be represented on the NCC as suggested by some sections of society because those who served during the constitution review process belonged to groups.

Mr Mulongoti also said it was the CRC which came up with the draft constitution and report and that people wanted to discuss the contents independently.

He also said there was no need to reduce the powers of the President because they were needed to galvanise the activity of the country.

Earlier, Mr Mulongoti said it was the responsibility of the media to ensure that the public was aware of the implications and contents of the NCC.

He said ZNBC faced the challenge of quality service delivery.

Mr Mulongoti said he did not expect public media to criticise Government, as doing so would be subtracting to the integrity of leadership.

“If you begin criticising and pouring scorn on leadership, you will be subtracting to the integrity of leaders, the general public will begin to say that we are irrelevant,” Mr Mulongoti said.

He said, however, that personnel in the public media should not feel threatened because there were disciplinary codes to follow before disciplining anyone.

Mr Mulongoti was not happy that ZNBC was getting “choked” with debts.

“You cannot continue to defer it, you must come up with answers to dismantle it,” Mr Mulongoti said.

The MMD in Livingstone has scooped both the mayoral and deputy mayoral seat in the just ended elections.

And the outgoing mayor of Livingstone John Mukosho pulled out of the mayoral race at the last minute.

The Returning Officer who is also Livingstone Town Clerk, George
Kalenga this afternoon declared Livingstone’s  MMD’s Namatama ward
councillor, Grace Shafik as duly elected mayor of the city of Livingstone.

Of the 17 total votes cast, Mrs Shafik polled 13 against her rival MMD Lizuma ward
councillor Mary Mukwiza who got  four votes.

There were no spoiled votes.

Meanwhile, Simonga MMD ward councillor Joram Mwiinda accumulated 10 out of
the 17 total votes cast to win  the deputy mayoral seat against his closest rival UPND ward councillor for Kaziya, Aggrey Njekwa.

Speaking shortly after being declared winner, councillor Shafik promised the people of Livingstone change and unity.

Mrs. Shafik said water reticulation and road infrastructure will be top of the agenda during her term of office.

She described the elections as free and fair.

A Constitutional Lawyer, Prof. Michelo Hansungule, said the National Constitutional Conference Act is dictatorial.

Prof. Hansungule said this in a presentation on the constitution making process at a stakeholders consultative Conference organised by the OASIS Forum at Mulungushi International Conference Centre.

He said the Act has given too much power to the President.

Chief Government Spokesperson, Mike Mulongoti, said there is nothing wrong with the Act.

Mr. Mulongoti wondered why Prof. Hansungule and others chose to criticise the Act after its enactment.

He said every person had the opportunity to contribute towards the Act before Presidential assent.

Heritage Party President, Godfrey Miyanda and All Peoples Congress Party leader, Ken Ngondo were among prominent persons in attendance.

The Lusaka Magistrate Court, heard, Thursday that Fugitive former Zambia Intelligence Security Services Director General Xavier Chungu advised the government to deposit funds meant for servicing debt owed to two United States firms through the ZANACO bank London branch known as ZAMTROOP account.

Bank of Zambia Assistant Director of Banking, Fabian Hara said Mr. Chungu in a letter he authored in 1995 to then Finance minister Ronald Penza advised the that funds to service the debt owed to Wilburn incorporated and Systems Innovations be deposited in the ZAMTROP Account.

Mr. Hara was testifying in the case against Former Finance Minister, Katele Kalumba and six others.

Dr. Kalumba is jointly charged with former Ministry of Finance Permanent Secretary, Stella Chibanda and five others for charges of corruption and abuse of authority of office involving overpayment of about US$20 million.

The others include former Secretary to Treasury, Benjamin Mweene, former Chief Economist in the Ministry of Finance, Bede Mpande, former Director of Budget, Boniface Nonde and Access Financial Services Directors, Faustin Kabwe and Aaron Chungu.

They are accused of having, jointly or individually, facilitated, authorised and signed for the release of funds from ZAMTROP account to pay Systems Innovation and Wilbain Incorporation, an act that resulted into an overpayment of about US$20 million.

Mr. Hara also told Principle Resident Magistrate, Edward Musona that there was nothing irregular in the payments of debts to the Two United States Firms hence the reason the Bank of Zambia Governor and his deputy authorized the transactions.

 The opposition Patriotic Front (PF) in Mufulira districton the Copperbelt Province have scooped both the position of Mayor and Deputy Mayor in civic polls held yesterday.

PF Kamuchanga ward Councillor Stanley Kaluba was re-elected as Mayor after polling
18 votes against his MMD rival Mwamba Mulenga from David Lunda ward who polled 10
votes.

This now means that Councillor Kaluba will continue as mayor for the second term
running having served the Municipal Council as mayor for the civic year 2006/07.

And the position of Deputy Mayor was scooped by PF Mulungushi ward Councillor Tomson Ngulube who won the seat with 16 votes against Joseph Mueya of the MMD who managed to capture 10 votes.

Returning Officer fo rthe elections who is also Mufulira Town Clerk  Charles
Mwandila declared the polls free and fair and confered the two Councillors in their
respective positions.

Mr. Mwandila told the Councillors that they shall be installed in due course after
his office received instructions from the ministry of local government and housing.

And speaking when he addressed Councillors on his latest victory, Mayor
Kaluba thanked them for their support and called them to work even much harder as
the council  begins the 2007/08 civic year which started on September 1.

Deputy Mayor- Elect Tomson Ngulube in his address noted that development
will only come to Mufulira if both the ruling and opposition Councillors worked
together.