Maravi

Kunda is talking nonsense, charges Sondashi

Kunda is talking nonsense, charges Sondashi
Written by Patson Chilemba and George Chellah
Thursday, February 19, 2009 7:23:42 AM

GEORGE Kunda is talking nonsense, senior MMD member Ludwig Sondashi charged yesterday.

And Patriotic Front (PF) president Michael Sata charged that Vice-President Kunda is undermining Attorney General Mumba Malila's authority over the Zamtel and RP Capital Partners deal.

Commenting on Vice-President George Kunda's defence of communications minister Dora Siliya's scam concerning the signing of a Memorandum of Understanding (MoU) with RP Capital Partners Limited at a contract sum of US $2 million [about K10.3 billion] in total disregard of advice from the Attorney General's Chambers, Sondashi said Vice-President Kunda had failed to answer the specific issues regarding Siliya's notorious actions.

"To borrow Rupiah Banda’s word, what Kunda is talking about is nonsense. When we read what Kunda has said, we find that there is no defence that he has raised," Sondashi said.

"It looks like the Vice-President is sick or lying or does not understand constitutional law and administrative law, which I was privileged to teach at the University of Zambia [UNZA]. You see, when the minister was acting the way she was acting, she was under administrative law. The legal advice from the Attorney General is mandatory."

On Vice-President Kunda's statement that Siliya was a lay person because she was not a lawyer or a State Counsel or an eminent lawyer well versed in legal matters, Sondashi argued that Siliya's ignorance of the law was no justification. He said Siliya understood very well the corrupt actions she had engaged in.

"She has many people who advise her. In this case, she was advised and refused to take the advice," Sondashi said.

On Vice-President Kunda's argument that the Solicitor General cleared the Ministry of Communications and Transport to go ahead and sign the document, Sondashi said the Solicitor General was answerable to the Attorney General when approving matters.

"I don't see any meaningful thing which Kunda has raised. If Kunda does not understand this, then he's a half-baked lawyer," he said.

Sondashi charged that President Rupiah Banda, Vice-President Kunda and Siliya had conspired to cheat the Zambian people, adding that people made a mistake to elect a President who had no vision for the country.

And Sata advised the Vice-President not to rush in defending Siliya.

"George Kunda is a lawyer by profession. In fact, he is a former president of the Law Association of Zambia [LAZ] so let him not be in contempt with the law. On Monday, William Harrington submitted a complaint to the Chief Justice. How can George Kunda start providing defence even before the tribunal is set by the Chief Justice?" Sata asked.

"They are panicking because they don't know what to do. Why are they panicking if they know that they operated within the law? Let them come and give their defence to the tribunal. George Kunda is trying to undermine the authority of the Attorney General."

He alleged that President Banda was talking through Vice-President Kunda on the Zamtel saga.

"Why come and explain now when he knows the law? Let him not start his defence now. George Kunda is interfering with the acting Chief Justice before she makes a decision on the setting up of the tribunal. So Harrington must now lodge another complaint to the Chief Justice over George Kunda's behaviour," Sata said.

Sata said the law would catch up with Siliya.

"If Dora Siliya had no protection, she should have gone like Reverend Gladys Nyirongo. They are panicking because the law is getting near to them. The only senior learned counsel to provide advice to the government is the Attorney General, so they are now panicking. They know that when the whole thing comes out they will be more people implicated in it," Sata said.

"When Dora speaks in her defence a number of them will be implicated, that's why they are panicking. But Dora Siliya has the protection; first it was the President, he says we are talking nonsense and now the Vice-President has also come out in her defence."

And Solicitor General Dominic Sichinga when contacted yesterday said he could not speak on the matter without authorisation.

"I have absolutely no comment to make. I’m not the official government spokesperson unless I’m authorised to give any statements. Otherwise, I can't give any statements," Sichinga said.

Addressing journalists over the controversy concerning Siliya's engagement of RP Capital Partners Limited to value Zamtel in total disregard of advice from the Attorney General's Chambers, Vice-President Kunda said there was nothing unusual about the engagement of RP Capital Partners because they have special skills.

"From the outset, it must be made clear that Hon Dora Siliya, Minister of Communications and Transport who is at the centre of the controversy is a lay person. She is not a lawyer nor for that matter a State Counsel or eminent lawyer well versed in legal matters. Both Hon. Siliya and the entire establishment in the Ministry of Communications and Transport depend on legal advice and guidance from the Ministry of Justice and the Attorney General's Chambers," he said.

Vice-President Kunda, who is also Minister of Justice, said the comments being made in The Post on the MoU were based on documents which were leaked, incomplete, selective, premature and illegally in their possession and do not portray a complete picture of the matters in dispute.

"Notwithstanding this position, however, the matter has been heavily politicised and it appears to us in government, unfortunately that The Post newspaper in this case has acted as investigator, prosecutor, judge, jury and executioner. Fairness and justice cannot be achieved if all these functions and roles are embodied in one body or entity [The Post newspaper]. In this scenario, The Post newspaper is also calling witnesses of a certain inclination to prove its case," he said.

Vice-President Kunda, therefore, said on the MoU concerning RP Capital and the government of Zambia, the Solicitor General cleared the Ministry of Communications and Transport to go ahead and sign the document.

And responding to questions from The Post on Attorney General Mumba Malila's letter to the Ministry of Communications and Transport barely two weeks after the MoU was signed criticising the manner in which Siliya signed it without taking into account the Solicitor General and acting Principal Counsel's advice, Vice-President Kunda maintained that as far as the government was concerned the Solicitor General had cleared the MoU.

"The issue of the Attorney General complaining about the [Ministry of Communication and Transport ignoring] Solicitor General's advice are neither here nor there. As far as we are concerned, as a ministry, this MoU was properly cleared by the Solicitor General who was properly pleased with the manner at all material time. So the MoU was properly cleared. Your disputing the clearance of this particular MoU is totally misconceived and erroneous," argued Vice-President Kunda.

Siliya engaged RP Capital Partners of Cayman Islands to value Zamtel in total disregard of advice from Malila's office. Malila then wrote to Siliya, strongly criticising her decision to sign the MoU without making the necessary adjustments as per advice from the Solicitor General. However, Both Siliya and President Rupiah Banda have maintained that there were no irregularities in the engagement of RP Capital Partners.

Labels: GEORGE KUNDA, LUDWIG SONDASHI, PRIVATISATION, SATA, ZAMTEL

posted by MrK @ 7:23 AM