Lubinda testifies before Dora tribunal
Lubinda testifies before Dora tribunalWritten by Maluba Jere and Mwala Kalaluka
Monday, March 09, 2009 10:58:02 AM
Contiued from Friday
Wynter Kabimba : My lord, I would like now to show my witness a ministerial statement. Mr Lubinda, was that yet one of the documents you were given at The Post?
Lubinda: Yes my Lordships.
Kabimba: And you took custody of the same?
Lubinda: Yes my Lordships
Kabimba: What is the date on that document?
Lubinda: 13th February 2009 my lordships.
Kabimba: Would you like it to be produced as part of your evidence before this tribunal?
Lubinda: Yes my lordships.
Judge Chirwa: Document marked P3
Kabimba: obliged my lord.
Kabimba: Mr Lubinda, I would like you to slowly read that document.
Lubinda: My Lordships, it reads Ministry of Communications and Transport, Ministerial statement by Honorable Dora Siliya in response to a point of order raised by Kantanshi member of parliament Yamfwa Mukanga ....[Lubinda reads the statement.]
Kabimba: My lords, I would like at this stage to show the witness one of the documents dated 21 November, 2008. Was that one of the documents you were shown at The Post relating to this matter?
Lubinda: Yes my lords.
Kabimba: Just before you produce it, what is the nature of that document?
Lubinda: My Lords, it’s a letter to the permanent secretary, Ministry of Communications and Transport from the acting principal counsel for Solicitor General.
Kabimba: Would you like to have that document produced as part of your evidence?
Lubinda: Yes my lordships.
Silwamba: No objection my lords.
Judge Chirwa: exhibit marked P4
Kabimba: Mr Lubinda, I would like you to red that letter to the tribunal.
Lubinda: My lordships, Reference number MOJ/101/14/2 dated 21 November 2008....
At this point the tribunal adjourns and resumes sittings after 15 minutes.
Kabimba: I am now showing the witness with the indulgence of the court, The Post newspaper article dated 13th February 2009 and I’ll be leading the witness from there. Mr Lubinda please read the heading and the highlighted paragraphs.
Lubinda: My lordships, this is a copy of The Post of February 13, 2009 headlined ‘Dora in another tender scam’ by Amos Malupenga and George Chellah.....
Kabimba: Okay, that’s enough Mr Lubinda. My lords, I would like to show the witness The Post.
Judge Chirwa: I notice you have not been producing these articles.
Kabimba: Yes, if the tribunal allows, I can produce them.
Judge Chirwa: So, go and get The Post of February 6 and 10.
Kabimba: Obliged your honour
Silwamba: My Lords, for the documents, the complainants can produce original copies of the MoU. I would be happy that he avails the tribunal with the actual copies of the newspapers.
Judge Chirwa: So, let’s have original copies of The Post Newspapers of 6 and 10 February.
Kabimba: Obliged my lords. Mr Lubinda did you take the original copies of that newspaper article?
Lubinda: Yes my lord
Kabimba: Would you like it to be tendered as part of the evidence
Lubinda: Yes my lords.
Judge Chirwa: Marked P6
Kabimba: Obliged your honour. My Lords my next newspaper cutting of The Post is the one that is dated 18th February 2009.
Judge Chirwa: Yes.
Kabimba: Mr Lubinda have a look at that newspaper article, what is the date of that article?
Lubinda: My Lords, this is dated February 18, 2009
Kabimba: Did you get in your possession the original copy of that article?
Lubinda: Yes my lords
Kabimba: Would you like it produced as part of your evidence?
Lubinda: Yes my lords.
Silwamba: My lords, on the same conditions.
Judge Chirwa: That’s P7
Kabimba: Please continue to read the relevant excepts from that article
Lubinda: Thank you my lords [Lubinda reads part of the article]
Kabimba: Okay, could you just stop there Mr Lubinda. My lords I now wish to move and show the witness The Post newspaper article dated Wednesday 18th February 2009.
Judge Chirwa: another part of the same newspaper?
Kabimba: Yes another part of the same newspaper.
Judge Chirwa: P7
Kabimba: read the sub article relating to the cancelling.
Lubinda: I am reading from The Post newspaper article, which has been marked P7 [Lubinda reads part of the story]
Kabimba: The next document my lords I would like the witness to have a look at is the press statement by the honourable Minister of Communications and Transport herself and it is dated 17th February 2009.
Judge Chirwa: Defence counsel?
Silwamba: No objection
Kabimba: Was that one of the documents you were given by The Post?
Lubinda: Yes my lords.
Kabimba: What is the date on that document?
Lubinda: 17th February 2009 my lords.
Kabimba: What is the nature of the document?
Lubinda: My lords it is a press statement.
Kabimba: Would you like it produced as pat of the evidence?
Lubinda: Yes my lord.
Judge Chirwa: Marked P8.
Kabimba: Mr Lubinda would you read that document
Lubinda: [reads the statement where Dora denied canceling the tender for SELEX and single sourcing the valuation of Zamtel’s assets.]
Kabimba: My Lord the next document to the witness is an internal memo dated 5 January 2009 between honourable Siliya and her permanent secretary
Judge Chirwa: State Counsel
Silwamba: My lord, it’s a question of principle and I’ll seek your guidance. I have no problem but it’s a precedence that this tribunal will be setting whether it will allow government internal memoranda to be produced during this proceeding. My humble submission my lords is that this tribunal must strike a balance as to what is in the public interest, I am aware my lords that the interest of justice might demand that every relevant material be availed for your scrutiny so that you are able to make informed findings and recommendations.
My lord, I submit that the rest be done with the circumscribed series of the law. At this juncture, I’ll invite the tribunal’s attention to provisions of Section14 (5) of the Parliamentary and Ministerial Code of Conduct CAP 16 of the Laws of Zambia which provides that the tribunal holds its hearing inquiry public. That provision the caveat by way that where it is necessary for the preservation or any other reason. I am not sure whether it is expedient in the conduct of this proceeding to allow for the production of internal memoranda.
It is a matter of grace, it is discretion. I cannot pray that you hold proceedings in camera, I can only seek your indulgence.
Judge Chirwa: We can do that if the document is classified.
Silwamba: I am aware of that. This one is not classified
Judge Chirwa: Sentiments of State Counsel have been noted.
Silwamba: Obliged my lords.
Judge Chirwa: Yes Mr Kabimba.
Kabimba: My lord, I think I would like to place on record following State Counsel’s observation on the provisions of the Parliamentary Code of Conduct. It is very clear we are here dealing with the conduct of the minister in her execution of public duty and here and there are several documents that I have that will be produced.
It is just like when former Chilean President General Augusto Pinochet was facing charges of kidnapping and murder and he wanted to run away from the law by saying he had immunity, human rights lawyers made it clear to him that he had immunity but not to kill and kidnap....I think no minister is elected to go and flout laws of the land...
Silwmaba: We will take the whole day arguing if we take that line.
At this point Judge Chirwa advises the state counsels to apply if they wished to take that line of argument.
Kabimba: My lords, I will proceed. I will show the witness the internal memo. What is the date on that document Mr Lubinda?
Lubinda: 5th January 2009
Kabimba: Was that document one of the documents availed to you at The Post.
Lubinda: Yes my lord.
Kabimba: Could you just read the contents, who is it from and who is the addressee.
Lubinda: Internal memo from Ministry of Communications and Transport addressed to the permanent secretary dated 5th January 2009......[This was an internal memo on the evaluation of the tender for the supply of radars at Lusaka and Livingstone airports].
Kabimba: Would you like it produced as part of your evidence
Lubinda: Yes my lord.
Kabimba: Thank you.
Judge Chirwa: P9
Kabimba: P9 obliged my lord.
Judge Chitengi: Yes Mr Kabimba.
Kabimba: Your honour, I would like to show the witness a follow-up document to that memo which is a letter dated 6th January 2009 from the permanent secretary Ministry of Communications and Transport. Mr Lubinda was that one of the documents you were given?
Lubinda: It is my lord.
Kabimba: Who is the author?
To be continued
Labels: COURTS, DORA SILIYA, GIVEN LUBINDA, PRIVATISATION, ZAMTEL
posted by MrK @ 10:54 AM
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