Maravi

Rupiah, George, show us where the theft lies

Rupiah, George, show us where the theft lies
Written by Editor

There is hardly a more powerful weapon which can be abused in the hands of a corrupt, intolerant and vindictive government than that of initiating malicious prosecutions. Such governments have abused the prosecution process by harassing their opponents through unjustified accusations, interrogations, arrests and prosecutions. The judiciary at whatever level may find itself confronting these abuses, and may find itself subjected to enormous pressures to accept them.

Often, if the process is legal but unfair, there is little that a court can do. The court will have no choice but to hear the matter no matter how malicious it may be and only determine that at the end. In the meantime, the objective of harassing opponents has been achieved. And redress in such matters is not easy.
This is what Rupiah Banda, George Kunda and their friends are trying to do to us. The allegations that they are trying to bring against Fred M’membe and Mutembo Nchito are clearly calculated to harass, humiliate and intimidate. No one with any measure of logic can accept the arguments that are being used by Rupiah and his agents against us. They are saying that “jointly and while acting together with other persons unknown on a date unknown but between 20th March, 2008 and 9th January, 2009…being agents of National Airports in the collection of passenger service charges, did steal the total amount of US $1,793,782, the property of National Airports Corporation”. Surely, when did M’membe or Mutembo become agents of National Airports? This is a basic question which those who are determined to accuse others of serious crimes should have taken time to consider. Do they honestly believe that they can go to court and show that an individual working or associated with Zambian Airways was an agent for National Airports Corporation?

Anyway, we know that these charges don’t need to make legal sense because they are not there for a legal case. They are there for the settlement of something else – political scores. And these corrupt elements, these tribalists are not looking for what makes legal sense in their dealings with us. They are looking for anything they can use to get at us, no matter how ridiculous and ludicrous it may be.

We say this because we have taken time to study and consult on what they are saying and we find no logic. No one can deny the fact that Zambian Airways owes National Airports Corporation money. And the company and its management have made every effort possible in the circumstances to try and liquidate that debt or reach some settlement over it. There have been numerous meetings between the managers of Zambian Airways and National Airports Corporation over this matter. There have been meetings over this debt even between the management of Zambian Airways and the Minister of Communications and Transport, permanent secretary and other senior staff of the ministry. At no point did the management of Zambian Airways try to conceal or falsify its indebtedness to National Airports Corporation. Throughout the period when Zambian Airways had financial difficulties and the company was having serious difficulties meeting its obligations, its management was continually in touch with the management of National Airports Corporation. Can an entity or individuals who take such an approach to their debts be justifiably accused of theft of the same debt?

We thought that theft is something that is clearly defined in our law, in our Penal Code. It is so basic that an average person knows what theft is. In what way did Zambian Airways and its managers behave deceitfully in relation to the debt that they owed National Airports Corporation? Indeed, in what way did M’membe and Mutembo defraud National Airports Corporation over the debt that Zambian Airways owed? We are also wondering when these two gentlemen ever took charge of the collection and custody of the money due to National Airports Corporation. Rupiah and George know that a company is a separate legal person capable of suing or being sued in its own name. They also know that you cannot hold employees or even directors and shareholders liable for the activities of the company unless you can show that they have acted fraudulently using the company’s limited liability as a shield. But even when this is so, there are strict legal procedures for anyone to do so. And that power to lift that shield, that veil of incorporation does not lie with Rupiah, George, the police or Drug Enforcement Commission officers they are using. It lies solely with the High Court.

On the other hand, if M’membe and Mutembo were stealing and pocketing money as Rupiah told the nation, let those investigating the matter tell the nation how much money was pocketed. We say this because Zambian Airways did not fail to pay its debt to National Airports Corporation because somebody was pocketing money. It had normal business challenges, albeit extraordinary in the circumstances. If the investigators had found that someone was stealing or pocketing money in the manner Rupiah suggested, they would not be groping around trying to find a charge to level against its managers and directors. Even in that case, it would not be a theft from National Airports Corporation. It would be a theft from Zambian Airways. And at that stage, there are no issues of corporate veil. It is simply a case of direct theft by servant or agent of Zambian Airways. These are basic legal arguments and no one needs to go to a law school to learn this. It is basic knowledge which people like Rupiah, George and the officers they are using should know very well, and indeed know very well. And this being the case, there can be no explanation for their actions other than malice, harassment and vindictiveness that is propelled by their hatred and petty jealousies.

We are not surprised that George, with all his knowledge of the law, is prepared to mislead Rupiah. It is not the first time George is doing such a thing. On many occasions, he misled Levy – a fellow lawyer. What hope is there for Rupiah, a non-lawyer?

We also know that George has never supported the fight against corruption, especially the cases being investigated and prosecuted by the Task Force on Corruption. If it was left to George alone, these cases would have never seen the light of day, and the Task Force would have been disbanded a long time ago. If anyone thinks we are not telling the truth, get in touch with those who were in Levy’s government because George’s opposition to the fight against corruption was brought to cabinet by Levy. George’s many attempts to disband the Task Force and stop its work were only stopped by cabinet decision.

That’s George for you on corruption.

And let’s not forget that it was this same George that advised Levy against prosecuting Kashiwa Bulaya and put undue pressure on the Director of Public Prosecutions to enter a nolle prosequi in favour of Bulaya. George argued that there was no evidence against Bulaya. But we all know how this case ended in our courts of law.

And this is the same George who is today fighting us. He has no shame. This is why he can go on a public platform as a Vice-President and Minster of Justice and tell lies about us. He told the nation that we were engaged in racketeering and money laundering. George also said we were engaged in fraud. But when we went to see the investigators on Saturday, nobody talked to us about money laundering, fraud or even racketeering. We were being accused of stealing money from National Airports Corporation because according to George and those pursuing his agenda, The Post, M’membe or Mutembo were all agents for National Airports Corporation. This is how confused they are. This is what hatred and vindictiveness does to people’s minds – they stop reasoning.

They are so confused that they want to turn a debt of Zambian Airways to National Airports Corporation into a criminal offence, into a theft case by M’membe and Mutembo. This is why we went to law school to learn for ourselves the basics of the law, not too much law but just enough to get us going, to help us appreciate things. If Rupiah, George and those they are using were not so consumed with the desire to see us destroyed, they would actually read the law for themselves to know that what they are doing is wrong. These matters are not too complicated. Our Penal Code is very clear. A relationship of debtor and creditor is just that. It cannot be anything else. Section 269 of the Penal Code states clearly that: “When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between the parties in respect of it.” This is what the law that guides criminal prosecutions for theft by agent or otherwise in this country is saying.

Can Rupiah and George or anyone else for that matter today deny that National Airports Corporation had given Zambian Airways credit terms? If National Airports Corporation had given Zambian Airways credit terms, how can Zambian Airways’ failure to pay constitute a theft by M’membe and Mutembo?

Again, given all this, how can Rupiah and George today tell the nation that M’membe and Mutembo have stolen US $1.7 million from National Airports Corporation because they were its agents?

And our law prescribes so many ways of dealing with a debtor who has failed to honour obligations, there are so many remedies a creditor can use. But these are not anywhere near what Rupiah and George are trying to do to M’membe and Mutembo to recover National Airports Corporation debts. They are actually not interested in recovering. Their interest is simply to politically and otherwise fix The Post, M’membe and Mutembo.

We know that they are determined to destroy The Post. And they think that by tarnishing M’membe’s name, they will be doing something that helps them achieve their goal.

We are not surprised that they have targeted Mutembo as well. They have been trying to remove him from prosecuting corruption cases involving their friends. George has been at it for a very long time. And now he thinks that accusing Mutembo of theft will help them achieve their goal. We know that Mutembo has not taken a cent or ngwee from Zambian Airways that was not his due. In fact and in truth, Zambian Airways owes Mutembo a lot of money. The investigators have been pouring over the documents and records of Zambian Airways. If Mutembo had taken even a cent or a ngwee that was not due to him, they would not have been talking about theft by agent. We challenged them to carry out a forensic audit to find out if anybody had stolen any money from Zambian Airways. They refused. Why would people who are interested in catching people stealing not be interested to put sniffer dogs or black hounds to find the hidden loot? We made the challenge because we were very sure that no one at Zambia Airways was engaged in the things that Rupiah and George were claiming. The problems of Zambian Airways have nothing to do with fraud or dishonesty on the part of its management, directors or shareholders. It is simply a case of a difficult and troubled business in an extremely complicated industry.

It was for these reasons that M’membe was the other day begging the police to arrest and prosecute him as quickly as possible so that this matter is permanently put to rest and the lies of Rupiah and George are permanently discredited. But we know we are asking too much. They are not interested in having their lies discredited. They would rather keep calling us names like they are doing to Ng’andu Magande. Today, the same people who were accusing Magande of wrongdoing do not want an independent tribunal to investigate their claims. What type of people are these?

This is what happens to a nation when it takes corrupt elements, petty-minded individuals, tribalists and try to turn them into leaders of a nation!

Labels: FRED M'MEMBE, RUPIAH BANDA, THE POST, ZAMBIAN AIRWAYS

posted by MrK @ 6:13 AM