‘Ministers subject to public scrutiny’

‘Ministers subject to public scrutiny’
Written by Mwala Kalaluka
Wednesday, March 18, 2009 2:38:31 PM

Monday morning session (16-03-2009).
Judge Dennis Chirwa: Yes.

Lubinda Linyama: My lord, Mr Silwamba has been delayed but he will be joining the tribunal shortly. Not withstanding that, the witness can continue giving evidence. Most obliged.

Judge Chirwa: Please swear the witness...

Eddie Mwitwa: Most obliged. Mr Mwale we ended at a point where you told the tribunal that you had written to the Anti-Corruption Commission.

Francis Mwale: Yes, my lord.

Mwitwa: My follow-up question is that have you received any response from the Anti-Corruption Commission in relation to that letter?

Mwale: No, your lordship.

Mwitwa: I believe the exhibit P24 should be with the secretary. I wanted the witness to refer to it. Mr Mwale I just want you to read that letter out.

Judge Chirwa: Yes.

Mwitwa: In that letter, Mr Mwale, what issues were you raising?

Judge Chirwa: I thought you wanted him to read.

Mwitwa: Most obliged.

Mwale reads the letter written by Transparency International Zambia executive director Goodwell Lungu to the ACC.

Mwitwa: My question is that what particular complaint or allegation you were referring to in that letter.

Mwale: On...commission of corruption offences by Honourable minister Siliya.

Mwitwa: Which of the three allegations was that letter in relation to?

Mwale: The third allegation on the petition by the CSOs...communications and transport minister Dora Siliya is alleged to have claimed a K12.5 million refund...

Mwitwa: After you had submitted that complaint to the Anti-Corruption Commission, what steps did you take?

Mwale: I had to consult other things to make sure that the complaint that we were going to refer to was not vexatious or malicious.

Mwitwa: Slow down Mr Mwale.

Mwale: I had to look for guidelines on Constituency Development Fund, because my lord I wanted to know how these funds are supposed to be disbursed and also used and my lord, I also had to consult the Cabinet Handbook to just see how ministers are supposed to conduct their constituency work.

Mwitwa: You referred to the guidelines for CDF.

Mwale: Yes, my lord.

Mwitwa: Where did you obtain those?

Mwale: I asked from people around who are also concerned.

Judge Peter Chitengi: Mr Mwale answer the question. Where did you get these guidelines?

Mwale: I went to one of the constituencies in Kanyama, my lord, where I asked the officers.

Judge Chirwa: Which officers...

Mwale: This is not a secretive issue. I just entered the office and asked for guidelines.

Judge Chirwa: You must have found somebody there, who did you find?

Mwale: I did not ask the name, my lord.

Mwitwa: But you are saying the documents were availed to you.

Mwale: Yes, my lord.

Mwitwa: Did you take possession of those guidelines?

Mwale: Yes, my lord.

Mwitwa: My lords, I would like to show the witness the guidelines he is referring to. Mr Mwale please look at that document. Is that the document that was availed to you?

Mwale: Yes, my lord...the document is the guideline on the management and utilisation of Constituency Development Fund from the Ministry of Local Government and Housing.

Mwitwa: For which particular year.

Mwale: 2006, my lord.

Mwitwa: Would you like to produce that as part of your evidence?

Mwale: Yes my lord.

Judge Chirwa: State Counsel Silwamba.

Eric Silwamba: I am advised that he has had custody of the document from Kanyama...no objection.

Mwitwa: I think that will be exhibit P25, my lord.

The document is marked accordingly.

Mwitwa: Mr Mwale where did those guidelines emanate from?

Mwale: Ministry of Local Government and Housing.

Mwitwa: Just quickly read through the first paragraph on page one of those guidelines. Do you have the document?

Mwale: I do not have the document...my lord the first paragraph in the document is...

Judge Chitengi tells Mwale to just read what he had been told to.

Mwale reads the guidelines.

Mwitwa: If you look at that document there is a letter from the Ministry of Local Government and Housing.

Mwale: Yes, my lord.

Mwitwa: I would like you to read the second paragraph two...

Mwale reads.

Mwitwa: When was that letter written?

Mwale: My lord the letter was written on 26 December 2006.

Mwitwa: Who is the author?

Mwale: The author is Maswabi. M. Maimbolwa, permanent secretary Ministry of Local Government and Housing.

Mwitwa: And to whom is it addressed?

Mwale: My lord, it is addressed to all town clerks and council secretaries in the Republic of Zambia.

Mwitwa: Is it copied to any other officials?

Mwale: No my lord. Sorry it is copied to some ministries and the first one here is the Minister of Local Government and Housing Lusaka, the deputy minister for local government and housing Lusaka, Secretary to the Cabinet Cabinet Office Lusaka, all members of parliament, Principal Private Secretary State House Lusaka, the Permanent Secretary Administration Office of the Vice-President Cabinet Office Lusaka, all provincial permanent secretaries...

Judge Chitengi tells Mwitwa to restrain his witness because the tribunal was taking notes in long hand.

Mwitwa: Perhaps we could stop there. You said all members of parliament. Could you please turn to page three of that particular document, particularly paragraph seven?

Mwale: Only projects, which have been approved and appraised by the council, shall be funded and the council shall inform the Constituency Development Committee of its decision.

Mwitwa: Could you also read paragraph seven...perhaps just the last paragraph. I would want you to read on that particular document page five paragraph twelve; the very last page.

Mwale reads.

Mwitwa: Why were you focusing on these guidelines in relation to the complaint before this honourable tribunal?

Mwale: Because on the payment voucher for Petauke District Council my lord, there is a sub-heading on that document which says the money came from the Constituency Development Fund and so I had to consult the guidelines just to see what they provide with regard to the CDF.

Mwitwa: Refer to exhibit P23; the payment voucher.

Judge Chirwa: Does it stop any member of parliament from advancing money...?

Mwale: It is silent, my lord.

Mwitwa: If the witness could be shown P23, the payment voucher he has referred to. Show their lordships the portion of that document that you are referring to.

Mwale: My lord, I think that was supposed to be P22.

Mwitwa: My apologies, my lord, P22. Where is that Constituency Development Fund reflected on that particular document?

Mwale: It is reflected under sub-head and what is written under there is Constituency Development Fund...

Mwitwa: Is it your evidence according to you understanding or interpretation that the funds being paid under that payment voucher emanated from the Constituency Development Fund or in short CDF account?

Mwale: Yes, your lordship.

Mwitwa: You also referred to the Cabinet Handbook?

Mwale: Yes my lord.

Mwitwa: Where did you get that from?

Mwale: The Cabinet Handbook was provided to us by our president Mr Reuben Lifuka.

Mwitwa: When you say us, what do you mean?

Mwale: The team at the Advocacy and Legal Advice Centre.

Mwitwa: Did you take possession of that particular document yourself?

Mwale: Yes, my lord.

Mwitwa: With your indulgence, my lord, I would like to refer the witness to the Cabinet Handbook.

Judge Chirwa: Before he produces?

Mwitwa: I just want him to confirm if it is the document he is referring to. What is that document?

Mwale: My lord the document is the Cabinet Handbook.

Mwitwa: For?

Mwale: Revised Edition of July 2002.

Mwitwa: Is that the document that was availed to you by Mr Lifuka?

Mwale: Yes, my lord.

Mwitwa: Do you wish to produce it as part of your evidence?

Mwale: Yes, my lord.

Judge Chirwa: State Counsel Silwamba.

Silwamba: We have no objection except to place on record that Mr Lifuka is PW2. Most obliged.

Judge Chirwa then asked Mwitwa if he understood what Silwamba's reference to Lifuka was hinged on and he said Lifuka had also placed on record that other witnesses would come to testify in the matter.

Judge Chirwa then marked the Cabinet Handbook as P26.

Mwitwa: I would like to refer the witness to three particular clauses of that handbook. The first is clause 8.20 on page 39. If you could just read that.

Mwale reads the clause.

Mwitwa: Very slowly, I would like to focus on clause 8.41 on page 34.

Mwale reads.

Mwitwa: On the same page could you go to clause 8.43.

Mwale: The conduct of ministers as public officials is subject to public scrutiny...

Mwitwa: Read sub-clause four.

Mwale reads.

Mwitwa: Please the tribunal what you did after reading?

Mwale: Through our lawyer who requested for the taxed invoice that was used at Saro when procuring the hand pumps, my lord.

Mwitwa: Was the tax invoice availed to you by Saro?

Mwale: Yes, my lord.

Mwitwa: Did you take possession of the tax invoice?

Mwale: Yes, my lord.

Mwitwa: I want to show you the document you are referring to. What is that document Mr Mwale?

Mwale: The document is a copy of the tax invoice.

Mwitwa: From where?

Mwale: My lord it is from Saro Agric Equipment in Lusaka.

Mwitwa: Is that the document that was given to you?

Mwale: Yes, your lordship.

Mwitwa: Would you want to produce it as part of your evidence?

Mwale: Yes, my lord.

Judge Chirwa: What is the date?

Mwitwa: The date Mr Mwale?

Mwale: My lord where the date is supposed to be indicated...it is dated 15 November 2008.

Judge Chirwa: State Counsel Silwamba.

Silwamba: No objection.

Judge Chirwa: Exhibit P27.

Mwitwa: Most obliged my lord. Mr Mwale look at that document...to who is it addressed to?

Mwale: My lord it is addressed to Petauke District Council in Petauke and it is for the attention of the Council Secretary.

Mwitwa: Is the council secretary's name included on that document?

Mwale: The name of the council secretary is included on this as the person who received the goods and signed for...

Mwitwa: What is the name?

Mwale: My lord the name is B. Mboyi.