PF councillors defy sata over chilatu

PF councillors defy sata over chilatu
By Patson Chilemba and Lambwe Kachali
Wednesday April 09, 2008 [04:00]

PATRIOTIC Front (PF) councillors last Thursday defied party president Michael Sata’s instructions for them to lift the suspension of Lusaka mayor Stephen Chilatu. But PF vice-president Dr Guy Scott yesterday claimed the councillors’ defiance was orchestrated by Matero member of parliament Faustina Sinyangwe, Chawama member of parliament Reverend Sampa-Bredt, coupled with deputy mayor Mary Phiri’s poor handling of the meeting.

And Chilatu’s lawyers from Ituna Partners have threatened to take legal action against the council if their client’s suspension was not reversed in the next seven days. Last Thursday, Lusaka City Council (LCC) officially suspended Chilatu for six months for abuse of office. Among several other allegations, Chilatu was alleged to have illegally occupied a council house in Ibex Hill and to have damaged a council vehicle.

PF sources disclosed yesterday that when the adhoc committee investigating allegations against Chilatu was due to present its findings to a full council meeting last Friday, Sata instructed them just to reprimand Chilatu and ensure that his suspension was lifted.

“This is all because of the rivalry that is there between Sylvia Masebo local government minister and Mr Sata,” the source said. “Mr Sata is acting as a shadow local government minister so he instructed all the PF councillors to ensure that Chilatu’s suspension is lifted. He said Masebo is now against Chilatu because he resigned from NCC National Constitutional Conference so she would like to see him go.

Mr Sata said suspending or expelling Chilatu would be playing in Masebo’s hands because that is what she wants so it’s better for us to do the opposite. But we resolved to do what is right because we looked at the allegations against him, not anything else.”

The source said failing to take decisive and correct action against Chilatu could have been a serious indictment on the council.

“This is especially that Chilatu had admitted through the press that he was wrong and asked for forgiveness from us his colleagues as councillors,” the source said. “On top of that, Chilatu is on record saying he was a fool for allowing himself to be duped to sit on the NCC.

So why should we have a fool for a mayor? We will do what we consider right for the council, not what our shadow local government minister Sata says. Sata should not use us or the council to resolve his problems with Masebo.”

But in an interview yesterday, Dr Scott said the adhoc committee that was instituted to look into the matter recommended that Chilatu’s suspension be lifted and regretted that councillors actually defied that recommendation.

Dr Scott said it would have been pleasing if the councillors adhered to the recommendation. He said Sata and the party leadership were of the view that Chilatu be reinstated because he had shown remorse over his previous offences.

“He Chilatu is already halfway through his term. So there is no reason to be adding to the list of our people to be expelled. But unfortunately, Faustina Sinyangwe and Reverend Sampa-Bredt organised against the party,” Dr Scott said.

Asked to confirm if it was Sata who gave the directive to have Chilatu’s suspension lifted, Dr Scott responded: “It’s not just the question of leadership, but the adhoc committee recommended that he be reinstated.

They councillors went against the recommendation of their adhoc. They don’t seem to realise that they are subject to party discipline. It’s difficult, especially if you have some members of parliament organising against the party.”

Dr Scott also blamed deputy mayor Phiri for poorly managing the meeting that resulted in Chilatu’s suspension. He said it was unfortunate that Phiri failed to follow procedure to allow a counter-motion to the motion that was raised to suspend Chilatu.

“If there was any suggestion to raise a counter-motion, nobody heard it. I asked for a 10 minutes recess so that I could consult some members, but they refused. So obviously there was a conspiracy there. So I just let it,” Dr Scott said.

Dr Scott further disputed assertions that the push by the leadership to reinstate Chilatu was because he had fallen out of favour with Masebo over his withdrawal from the NCC. He said the PF leadership would offer moral support should Chilatu seek legal redress over his suspension.

However, deputy mayor Phiri yesterday dismissed Dr Scott’s claims that she poorly managed the meeting.

“According to my observations, the meeting went on well and Dr Scott and others were given the opportunity to counter the proposal over Chilatu’s suspension. Those that were with Dr Scott were seven and those against were 15,” she said.

Reverend Sampa-Bredt said PF should remove dictatorship in the governance of councils.

“I did not organise councillors against Chilatu but I support his suspension,” she said. “Does it mean that everytime we have to follow one person’s position? We must be people who must act independently. Time to be dictated to is over.”

And in a letter dated April 7, 2008 to Lusaka town clerk Timothy Hakuyu, Ituna Partners lawyer Dr John Mulwila stated that the council’s decision to suspend Chilatu was contrary to the findings and recommendations of the adhoc committee whose report was presented to the council for consideration.

Mulwila stated that according to their perusal of the provisions of the local government Act, the council had no powers to suspend a mayor.

“According to our client’s instructions, the council at its meeting held at the Civic Centre on 4th April, 2008, resolved to suspend him from the office for a further period of six (6) months.

This decision is contrary to the findings and recommendations of the adhoc committee whose report was presented to the council for consideration,” Mulwila stated. “Our perusal of the provisions of the local government Act clearly shows that no powers are conferred on the council to suspend a mayor and, if by any other devise, including the standing orders committee of the council, an attempt has been made to sneak in those powers, that is ultra vires. Consequently, the decision that has been taken by the council to suspend the mayor is void and untenable in law and we believe your office is in a position to give guidance to the council.”

Mulwila further stated that unless the council withdrew Chilatu’s suspension within seven days, they would commence legal proceedings in the High Court.

“We hope you can save the council money from such unnecessary and costly litigation,” stated Mulwila.