Silwamba asks Lubinda to explain APNAC status

Silwamba asks Lubinda to explain APNAC status
Written by Continued from yesterday
Wednesday, March 11, 2009 5:04:39 PM

Mwitwa: I was just going to take you back to exhibit P1, particularly the last paragraph. Mr Lubinda...do you see anywhere where the word MoU appears?
Lubinda: Could you just perhaps count them.

Lubinda: My lord, I count four.

Judge Chitengi: Mr Mutale...the MoU was it drafted by lawyers or was home-made?

Kabimba: We do not have an answer.

Silwamba: This particular one...

Judge Chitengi: Was it written by lawyers or was home- made?

Silwamba: This was a document, which my colleagues have brought.

Judge Chitengi: Maybe I lost you. What was your question?

Mwitwa: I was referring the witness of exhibit P19, particularly page three and the very last paragraph. If you could just read the last paragraph of page three.

Lubinda: I wish to inform the House that it was after the advise of the Solicitor General who dealt...

Mwitwa: From the advice that I have referred to you, would you say that advice that was given was adhered to?

Lubinda: It is not up to me to make an opinion on this matter.

Mwitwa: I leave it at that your lordships.

Judget Chirwa: State Counsel Silwamba.

Silwamba: Mr Lubinda, you said that apart from being an elected member of parliament for Kabwata...you are also a member of African Parliamentary Network Against Corruption, in short APNAC.

Lubinda: Yes, my lord.

Silwamba: And also a member of the Global Organisation for Parliamentarians Against Corruption.

Lubinda: Yes, my lord.

Silwamba then asked Lubinda to explain the status of APNAC and its relation to the Zambian Parliament.

Lubinda: My lord, APNAC is a network of African parliamentarians who commit themselves to using their parliamentary positions to contribute to the fight against corruption in their constituencies, in their countries and in their economic and political regions and generally in Africa. Acting on similar lines the Global Organisation of Parliamentarians against Corruption is an association of regional bodies of parliaments such as APNAC...

Silwamba: For our purposes, are all the 158 members of the Zambian parliament members of APNAC?

Lubinda: My lord, APNAC, is a member organisation of parliamentarians who volunteer.

Silwamba: The question is, are all the 158 members of parliament members.

Lubinda: No, your lordship.

Silwamba: Will it be correct to qualify that is a voluntary association. That is a point that we wanted the tribunal to appreciate.

Lubinda: Thank you.

Silwamba: How many members of parliament currently belong to APNAC?

Lubinda: 66, my lord.

Silwamba then asked Lubinda how many parliamentary committees he belonged to.

Silwamba: Now in your evidence this morning, you said that you had read several articles published by The Post newspaper.

Lubinda: I did.

Silwamba: And that you took the initiative, to use your own words, to confront the managing editor Mr Amos Malupenga.

Lubinda: That is correct.

Silwamba: My lord, I might need the exhibit...most of the articles that you read this morning and part of the afternoon refer to a source or a highly placed source. Did you ask Mr Malupenga, who the source or highly placed source was.

Lubinda: I asked Mr Malupenga about the evidence on which they based their story.

Judge Chitengi: If you could answer the question, please.

Judge Chirwa: Did you ask Mr Malupenga about the highly placed source?

Lubinda: My lord, I did ask Mr Malupenga.

Silwamba: Did he volunteer to disclose to you?

Lubinda: No, my lord.

Silwamba: Apart from the Managing Editor of The Post, did you speak with any journalist, as some of the articles you read today had by-lines; one by Amos Malupenga and George Chellah.

Lubinda: No, my lord.

Silwamba: Going back to Parliament, are you aware, I am asking you this question because you are a parliamentarian, of how government ministries and departments are established and by who?

Lubinda: I am my lord.

Silwamba: Please tell their lordships how these are established.

Lubinda: Government ministries and departments and bodies are established either through the Republican Constitution, through an Act of parliament or by the discretion of the head of state.

Silwamba: I would like us to dwell on the...discretion of the head of state. If a president of the republic wants to establish any ministry, does he end there. Is it good enough for him to just say...

Judge Chirwa: He has never worked in the Executive.

Silwamba: He is a member of parliament, they play a role.

Lubinda: On whether it is good enough for the head of state to announce the establishment of a ministry that my lord, is not up to me to qualify.

Silwamba: I will rephrase, my lord.

Have you taken part yourself, in approving...the establishment of a ministry.

Lubinda: I have not taken part in the establishment of any ministry.

Silwamba: You took oath this morning, do you stand by that.

Lubinda: I stand by that.

Silwamba: I will be demonstrating sometime tomorrow, how the Honourable member of parliament for Kabwata did participate. Did you attend the budget speech presentation....

Lubinda: I did my lord.

Silwamba: I take it that you have had occasion to go through that speech...

Lubinda: I have, my lord.

Silwamba: Look at the budget speech in particular paragraph 133 and 134. Mr Lubinda you read to the tribunal paragraphs 133 and 134.

Lubinda read and Silwamba told him from that speech finance minister Dr Situmbeko zero-rated agricultural equipment like hand pumps.

Lubinda: They did, my lord.

Silwamba: So there was VAT payable prior to midnight January 31, 2009. A person in the Republic of Zambia buying a hand pump had to pay Valued Added Tax.

Lubinda: From that statement, yes.

Silwamba: Through parliament, the minister was making hand pumps cheaper by making zero-rated.

Lubinda: VAT was to be zero-rated.

To be continued