Maravi

MMD scaring witnesses, hears Dora Tribunal

MMD scaring witnesses, hears Dora Tribunal
Written by Maluba Jere
Wednesday, March 11, 2009 5:07:58 PM

THE Dora Siliya tribunal yesterday heard that some of the witnesses that have been subpoenaed are scared to testify because they have been threatened by the MMD. And one of the lawyers for the petitioners Bonaventure Mutale said President Rupiah Banda's comments on the tribunal sittings are prejudicial and have a potential of undermining the proceedings.

This is in a matter where former communications and transport minister William Harrington and ten civil society organisations have petitioned Chief Justice Ernest Sakala to constitute the tribunal to probe communications and transport minister Dora Siliya for alleged abuse of authority.

Eddie Mwitwa, one of the lawyers representing the petitioners, told the tribunal that the witnesses needed to be assured that they would not be harassed by anyone if they testified.

"My lords, I do not know whether it would be appropriate for me to make this submission now but instructions that we received are that some of the witnesses we subpoenaed are scared of coming because of threats received within the political circles," Mwitwa said. "The petitioners ask for assurance that the witnesses will testify but they will and should not be harassed in any manner by anyone. The instructions we received are that the threats are from a named political party."

Tribunal chairperson judge Dennis Chirwa then asked Mwitwa to disclose the name of the party and in response, the lawyer said he did not have instructions to do so.

But judge Chirwa told Mwitwa that it would be difficult for the tribunal to proceed on the matter if he just made a vacuum statement.

Judge Peter Chitengi also told Mwitwa that it would be difficult for the tribunal to rule on the matter if he just gave a blanket complaint.

Mwitwa then revealed that the party in question was MMD.

"The threats are from the ruling party. We had requested for certain witnesses, in particular from Petauke, to come and shed some light on the petitioners' complaints," he said. "...They were supposed to come from Petauke District Council my lords, that's as far as I can go."

Mwitwa said he would get more details from his clients on who in particular was responsible for the threats.

And Mutale asked the tribunal to request President Banda to refrain from making comments that relate to the tribunal while it is sitting.

"The matter was adjourned to enable the permanent secretary to give evidence but before she takes the stand, I have got a preliminary point I would like the tribunal to take note of," Mutale said. "This relates to certain prejudicial comments made by the Executive, the President in The Post Sunday 8th March seems to suggest, the President...making assertions would...which reads 'Rupiah accuses The Post of pocketing $30 million and claims The Post is trying to disturb the Dora tribunal'. My concern is that the President as chief executive is making comments on this tribunal which may have a potential of undermining what is taking place in this tribunal.

"We are mindful of the tribunal's mandate under the relevant statute. We would earnestly request the tribunal to request the President to refrain from making comments that relate to the tribunal during the time that the tribunal is sitting."

Mutale said it was uncalled for to draw The Post in the proceedings to which the newspaper was not party.

"In our view, drawing The Post in the proceedings is totally uncalled for as they are not a party to the proceedings," he said.

He told the tribunal that the petitioners raised their complaint through the Chief Justice purely on their convictions as citizens of the country and that they did not do so as agents of the newspaper.

Mutale said the complainants were not acting as agents of the newspaper nor were they taking orders from it.

Mutale's concerns come in the wake of President Banda's remarks on Saturday that The Post were trying to disturb the tribunal that is sitting to investigate Siliya.

Siliya's lawyer Eric Silwamba submitted that statements prejudicial to the proceedings should not be encouraged and that it was the respondents' wish that during the proceedings, justice is not only done but be seen to be done.

However, Silwamba said statements which touch on the proceedings should be subjudicial, adding that he did not see how prejudicial any statement made by any citizen not to derail the proceedings could be prejudicial.

"My lords, I do not speak for the Executive, I speak for the respondents," Silwamba said. "The ideal situation is that all parties should refrain from commenting on these proceedings. What is good for the goose should be good for the gander. That my lord would be my submission on concerns raised by learned State Counsel Mr Mutale."

On Mwitwa's submissions, Silwamba told the tribunal that Mwitwa made a global allegation.

"Again my lord, I cannot speak for the ruling party. My client is a respondent and a member of that party and the insinuation is that she may well have a hand in the interference," Silwamba said. "That allegation should not be taken lightly..."

He also said it was not enough for Mwitwa to say the threats were from the MMD and that the people making the threats should be named and compelled to appear before the tribunal to be dealt with accordingly.

"There are provisions in the law that deal with such conduct. It is not enough to blow trumpets and leave the rest to contempt," Silwamba submitted. "Therefore my lord, that allegation must not be ignored. It must be investigated and proved to the appropriate threshold."

Judge Chirwa then asked Mwitwa if he was in a position to tell the tribunal the particulars of those involved to which he said he would endeavour to get the specific details.

Judge Chirwa has reserved ruling on Mutale's submissions, saying the tribunal would study it, while on Mwitwa's submission, he said the tribunal would wait for instructions from Mwitwa's clients.

Meanwhile, the tribunal admitted as part of the evidence two documents tendered by communications and transport permanent secretary Mukuka Zimba.

And procurement and supplies officer in the ministry Isaac Mukupa told the tribunal that the estimated amount for the tender to supply the two radars was K20 billion for each airport.

During examination in chief by Mwitwa, Mukupa testified that the permanent secretary's role was to confirm the availability of funds to the procurement unit, which invites interested suppliers with regard to the supply of radars.

He said the minister has no role to play in procurement as well as in selecting the method to employ when picking a company to supply radars.

Mukupa told the tribunal that the Zambia Public Procurement Authority (ZPPA), formerly Zambia National Tender Board (ZNTB), was responsible for preparing bidding documents, which should be cleared by the procurement unit at the ministry.

He said with regard to RP Capital valuating Zamtel's assets, the procurement department at the ministry of transport was not involved in the process.

Mukupa also told the tribunal that he did not recall attending any meeting in relation to RP Capital valuating Zamtel's assets.

And during cross-examination by Silwamba, Mukupa said according to the Public Procurement Act 12 of 2008 the minister has no role in the procurement process but the responsibility lies with the procurement and supplies department.

He also told the tribunal that there were allegations regarding the tender or the supply of radars at the two airports.

Mukupa explained that in a letter by a concerned taxpayer addressed to the Director General, ZNTB, it was stated that one bidder provided a manufacture of authorization certificate which was issued by the firm that was not a manufacturer.

He also explained how the permanent secretary asked him to write a report on the allegations that members of Thales Air Systems were patronising officers from the procurement department.

Mukupa told the tribunal that in his report, he indicated that there was no physical contact with bidders [Thales] adding that the only contact was through the information submitted to ZPPA.

He also testified that no officer from his department travelled to South Africa where they were hosted by Thales Air Systems as alleged by the taxpayer in their letter to ZNTB.

He further told the tribunal that the procurement and supplies department was involved in the preparation of tender documents and the evaluation of bids processes.

Mukupa said according to the records, five bidders bid for the tender but could not give the names of the documents saying they were a bit difficult.

He also explained that in limited selection, you write to the firms that you want to procure consultancy services whereas limited bidding was for goods and non-consultancy services.

Mukupa also told the tribunal that site visits were compulsory for the bidders saying it was the responsibility of the bidders to come up with the right price and take clarifications from the technical team on site.

The sittings were adjourned to Friday.

Labels: CORRUPTION, COURTS, DORA SILIYA, PRIVATISATION, ZAMTEL

posted by MrK @ 5:07 PM