Sunday, February 22, 2009

Prove good faith, ZICA challenges Siliya

Prove good faith, ZICA challenges Siliya
Written by George Chellah
Sunday, February 22, 2009 3:58:37 AM

THE Zambia Institute of Chartered Accountants (ZICA) has challenged communications minister Dora Siliya to prove good faith dealings over the Zamtel and RP Capital Partners deal. And ZICA has said the tender awarded to RP Capital Partners should have been advertised in both local and international media for competitive bidding.

Commenting on the Zamtel and RP Capital Partners deal, ZICA secretary and chief executive officer Hapenga Kabeta said the body was concerned and focused on the promotion of the culture of transparency, accountability and good governance in the management of public funds upstream before they are expended.

“What has happened does not appear to promote the culture of transparency, accountability and good governance. When there are no responsive bidders in procurement, single sourcing shall be done in conjunction with the Zambia National Tender Board (ZNTB),” Kabeta explained.

“Where an individual, irrespective of status in society, decides to single handedly procure or offer a tender on single sourcing basis, as the matter appears to be, irrespective of the good intentions of that individual, where the procedure is not followed, the tenets of transparency, accountability and good governance would stand undermined. The burden of proof in such a matter lies with the individual in this case, the Hon Minister Dora Siliya MP to prove good faith dealings, as those who seek equity they must come with clean hands.”

Kabeta said the council had also observed with concern the ongoing debate on the legality, morality and ethical aspects of the tender that was allegedly single sourced and awarded by Siliya.

“Our expectations are that the tender awarded to RP Capital Partners should have been advertised through the international and local media for international competitive bidding and local media for a nationally competitive bidding or an open tender with a clear interest to focus on locally qualified Zambian firms to undertake such works in line with the provisions of the Citizens Economic Empowerment Act,” Kabeta said.

“Zambians alongside foreigners were involved in the valuation of the state assets during the privatisation programme in Zambia. Where have the experts gone who were involved in the valuation of the state assets during the privatisation process? We do not believe that such skills do not exist in Zambia but to the contrary, such skills exist and Zambians needs to participate fully.”

He further said the council noted with concern the statement from Vice-President George Kunda on the matter.

“Where he said that RP Capital Partners were engaged because they had special skills to provide consultancy services for valuation of Zamtel assets and for the possible sale of government stake in Zamtel,” Kabeta said.

“We do not intend to comment on the legality of the matter but the insinuation that there were no locally available skills to undertake the said works. The expertise required to undertake a valuation of Zamtel assets is a combination of accountants, engineers and asset valuation experts. After 45 years of independence, we believe that such expertise exists in Zambia and is a source of livelihood of our members.

“The Zambia Institute of Chartered Accountants is a regulatory body of chartered accountants in Zambia with its partner organisations like the Engineering Institute of Zambia, the Surveyor Registration Board among others require any such experts to be registered in Zambia in order for them to practice. All these bodies are regulated by Acts of Parliament to protect public interest from any unethical and unprofessional conduct by any ‘experts’.”

He appealed to people who carry out their work in public trust to make every effort to protect public interest and the professionals in particular for Zambia to develop and thrive.

“The council of the Zambia Institute of Chartered Accountants hopes that the tenets of good governance will be promoted in the management of public resources and instil public confidence in elected officials,” said Kabeta.

Siliya awarded a US$2 million contract to RP Capital Partners of Cayman Islands to value Zamtel before partial privatisation in total disregard of advice from the Attorney General's chambers.

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