Maravi

MMD cadres go for Harrington at Dora’s tribunal hearing

MMD cadres go for Harrington at Dora’s tribunal hearing
Written by Mwala Kalaluka
Tuesday, March 03, 2009 12:27:16 PM

CHAIRPERSON for the Dora Siliya tribunal Judge Denis Chirwa yesterday said no unnecessary adjournments will be entertained during the sitting.

And former transport and communications minister William Harrington was almost beaten up by some unruly MMD cadres in the presence of police officers as he tried to leave the court premises.

This is in a matter where Harrington and ten civil society organisations had asked Chief Justice Ernest Sakala to set up a tribunal to investigate alleged corruption and abuse of office involving transport and communications minister Siliya.

The tribunal was set up following a petition from Harrington and ten civil society organisations who urged the court to probe Siliya for allegedly breaching the Parliamentary and Ministerial Code of Conduct in her engagement of RP Capital Partners of Cayman Island to value Zamtel’s assets before partial privatisation and her cancellation of a tender that was awarded for the installation of radars at Lusaka and Livingstone international airports.

Judge Chirwa said even though it was not a court, the tribunal should be accorded the necessary respect.

He said no unnecessary adjournments would be entertained, as the tribunal wanted to hear the evidence and compile its report in an expeditious manner.

Judge Chirwa said the 45-day sitting of the tribunal started counting on February 25, 2009 and he told both parties to bear that in mind as they went about their work.

The observation was made following an application by Harrington's lawyer, Bonaventure Mutale, who had asked for an adjournment to allow them access the Memorandum of Understanding (MoU) that was entered into by the government and RP Capital Partners and other pertinent documents from the Ministry of Transport and Communication, Ministry of Finance and the Ministry of Justice.

Mutale explained that they could not access these documents earlier because there was no legal basis on which they could have been granted the documents.

He also said they intend to subpoena a number of witnesses from the concerned ministries.

Mutale asked for a very short adjournment of about a day or two in order to access the documents.

Mutale, who referred to Vice-President George Kunda's emphatic statement that Siliya would not be suspended because there was no such precedence, asked the tribunal to give a directive for the minister to be suspended until final determination of the matter.

He argued that it would be difficult for officials from Siliya's ministry to testify before the tribunal and then go and face her in her office.

He said the two other ministerial tribunals that were set up in the past should be distinguished from the present one, since they did not involve the ministers' execution of duty.

Mutale said the current tribunal on the other hand, focused on Siliya's conduct at her office and her interaction with her surbodinates.

Speaking on behalf of the civil society organisations, Transparency International Zambia (TIZ) executive director Goodwell Lungu also sought an adjournment from the court to allow them organise a lawyer or lawyers.

But Siliya's lawyer, Eric Silwamba said he was ready to proceed.

He said his understanding was that the petitioners had pieced together areas on which to anchor their complaints at the time of filing the complaints.

Silwamba noted that it was also clear that the consortium of civil society organisations were not ready to proceed and he said he was concerned that the tribunal may be invoked into a fishing expedition.

On Siliya's suspension, Silwamba said this was not a matter for the tribunal but an issue relating to the presidential prerogative.

However, Judge Chirwa subsequently granted an adjournment but added that proceedings would go on today no matter what transpired.

And ruling on a request by Mutale that the court should give directives to stop Siliya from remaining at the helm of the Ministry of Transport and Communications during the sittings of the tribunal, Judge Chirwa said the tribunal had no such power.

And police officers had to block some unruly MMD cadres who wanted to beat up Harrington after the tribunal adjourned its sittings.

Harrington has since lodged a complaint to the tribunal's chairperson Judge Chirwa over the harassment and verbal abuse he suffered at the hands of the MMD cadres at the Supreme Court grounds.

The cadres spotted Harrington as he made his way to his vehicle that was parked near the High Court grounds and they started to boo and goad him while raising their party symbol.

The cadres then followed Harrington, who was at this time being interviewed by a journalist.

The MMD cadres sang a Bemba song, asking Harrington what right he had to judge Siliya.

Harrington ignored the violent gesture and some police officers that had been manning a few sections of the court during the proceedings rushed to the scene to stop the cadres from physically harassing him.

By this time, William Banda had joined the group.

Some of the cadres even attempted to break the police cordon in order to beat Harrington but the officers held strong.

The police officers subsequently told Harrington to leave the court premises for his own safety.

"Honorable start off," said one of the officers, as some reporters started interviewing Harrington but they were asked to let him leave.

As he turned his vehicle to leave, Harrington described the conduct of the cadres as UNIP behaviour and immediately, Willam Banda and another grey-haired cadre rushed to the vehicle in an attempt to clobber him.

The grey-haired cadre, who seemed most incensed with Harrington's remark, almost fought with a police officer that blocked his way to the vehicle.

"You son of a bit** we are trying to protect and you are speaking nonsense. Your mother was bit**," the cadre shouted, as police officers and MMD national chairman Michael Mabenga led him away.

Some police officers told the man to behave because of his grey hair but he told off the officers that he was a real Zambian unlike Harrington.

Harrington was later led out of the court premises through the back exit under police escort.

And in his letter of complaint addressed to Judge Chirwa, Harrington stated that he was shocked to have been met by an extremely hostile crowd of about 300 MMD cadres who taunted and threatened him with violence.

"The crowd was so hostile that I had great difficulty getting to my vehicle parked at the eastern side near the High Court building," he stated. "When I decided to risk getting to my vehicle, the hostile crowd followed me and continued to issue threats of violence against me. One elderly man insulted my widowed mother with unpalatables. The situation forced me to plead for state security protection and was given police escort through the rear exit of the Supreme Court premises.

Harrington complained that whilst the MMD cadres were allowed to behave in the way they did, at an institution over which Judge Chirwa presided, cadres from other parties were not only stopped from doing so but were beaten mercilessly in the process.

"I am therefore lodging this complaint and protest to your tribunal and to appeal for your necessary protection in the interest of a free, fair, transparent and unhindered investigative process," stated Harrington.

Earlier, the cadres that had converged at the court premises as early 07:00 hours accorded Siliya a thunderous welcome amidst chants of 'boma ni boma' [government is powerful].

Scores of MMD cadres who had lined up the road outside the court premises rushed into the court grounds and converged around Siliya and the people accompanying him, demanding to be addressed over the outcome of the proceedings.

William Banda told the cadres that it was not convenient for Siliya to address them immediately but he said they would be notified of the outcome through other appropriate avenues.

Siliya left the court premises in a convoy of two vehicles and with slogan-chanting MMD cadres clinging to her flag-bearing ministerial vehicle.

As the convoy left, three MMD cadres were heard asking if they should come to court tomorrow and they were told that they would be advised later.

Labels: CADRES, DENNIS CHIRWA, DORA SILIYA, MMD, WILLIAM HARRINGTON

posted by MrK @ 12:28 PM