‘Tribunal has a duty to protect witnesses’

‘Tribunal has a duty to protect witnesses’
Written by Reporter
Monday, March 30, 2009 7:05:42 AM
Continued from yesterday

Dr Mambwe: The briefings they gave me convinced me that they had adequately

advised the minister.
Mukata: And you didn't bother to look at the MoU emanating from the Attorney General's advice?

Dr Mambwe: If you recall my lord when that letter came from the Solicitor General, I was not in the country.

Mukata: So you were out of the country when the MoU was signed?

Dr Mambwe: I don't even know when the MoU was signed.

Mukata: Were the briefs verbal?

Dr Mambwe: Most of the time, yes.

Mukata: And these briefs related to meetings between the heads of department with the minister?

Dr Mambwe: Correct.

Mukata: Is that in line with clause 10.15 of your responsibilities? What do you understand by this clause in view of verbal?

Dr Mambwe: I agree with the contents of the Cabinet Handbook. In a case, where my directors have advised my ministers adequately, I don't see the need for them to write to me.

Judge Chitengi: Answer the question Dr.

Dr Mambwe: According to this, it was not my lord, my lord.

Mukata: These are your responsibilities, why do you think this clause is important?

Dr Mambwe: It is important to remind all of us that important issues must be put in writing.

Mukata: What is the rationale?

Dr Mambwe: That there must be a record.

Mukata: Is it also the rationale that it is to enable you to be in sync?

Dr Mambwe: Yes.

Mukata: So it is obvious from the lapse that you were unable to?

Dr Mambwe: It is not all the time that I should put it in writing. In most cases, we do these briefs verbally as long as I am doing my job. My lord, if you can recall, the brief on RP Capital was done to me in writing then the other director did it verbally.

Mukata: Contrary to these rules?

Dr Mambwe: I don't know if they were contrary because the director did it in writing.

Mukata: Do I take it you have problems following rules?

Dr Mambwe: I don't think so.

Mukata: How many trips did you take out of the country?

Dr Mambwe: It is difficult for me unless I look at the schedule of trips.

Mukata: And your subordinates were travelling out of the country?

Dr Mambwe: Yes, they were.

Mukata: What is the procedure in terms of accessing funds for travel within the ministry?

Dr Mambwe: For myself, I do a memo to the minister then I write to the Secretary to the Cabinet for authority.

Mukata: Are you aware of the Auditor General's report for 2005? [Let me show you that document my lord, in fact there is the Auditor General's report for 2005.

Bonaventure Mutale: Can we have a look at it before the witness?

Mukata: By all means.

Judge Chitengi: What is that document?

Mukata: The Auditor General's report for 2005. Please look at page 68 and read for the benefits of the lordships. Dr Mambwe reads the report.

Mukata: Do you recall paying loans?

Dr Mambwe: The loans were paid, yes.

Mukata: Do you recall writing a letter requesting for K3 billion?

Dr Mambwe: If I was acting permanent secretary maybe.

Mukata: How much did you apply for?

Dr Mambwe: I think I applied for K400 million towards the end.

Mukata: What do you mean?

Dr Mambwe: I applied for a loan after asking the permanent secretary to settle medical bills in South Africa where my daughter was receiving treatment.

Mukata: You were acting permanent secretary?

Dr Mambwe: Not at the time I applied.

Mukata: You applied for a loan to pay for the bills?

Dr Mambwe: Yes.

Mukata: Not a Toyota motor vehicle?

Dr Mambwe: I don't even own a Toyota.

Mukata: I think I am done here my lords.

Judge Chirwa: This exercise, what was it meant for?

Judge Chitengi: Was honourable Siliya at the Ministry of Communications in 2005?

Mukata: She was not but...

Judge Chitengi: What was the relevance of this?

At this point Mutale expresses concern at the way the witness was being cross- examined. Mutale says the tribunal has a duty to protect all witnesses from all forms of character assassination.

Judge Chitengi: When Mr Silwamba was cross examining, he came nowhere near embarrassing the witness. Try to follow the line chattered by State Counsel.

At this point, another defence lawyer continues with cross examination.

Lubinda Linyama: Dr Mambwe can you tell the tribunal if you were around in December?

Dr Mambwe: I don't know exactly. It was towards the end I think.

Linyama: Were you in the country on 22 December 2008?

Dr Mambwe: It is difficult to remember.

Linyama: Would you recall?

Dr Mambwe: I must have been because there was a board meeting. I don't recall.

Linyama: I am now referring the witness to P1. You have looked at that document. You were in the country the day it was signed?

Dr Mambwe: I don't remember but I was not around at the signing.

Linyama: When did you become aware that the Ministry of Communications and Transport had signed?

Dr Mambwe: When I received a letter from the Attorney General on the nullification of the MoU.

Linyama: Prior to this, your directors didn't tell you that the MoU had been executed on 22 December, 2008?

Dr Mambwe: No my lord.

Judge Hamaundu: Are you representing another client because that issue was addressed?

Linyama: I am obliged my lord. May the witness be shown P13. Doctor, could you please look at that letter and see if it advises. Who is the author?

Dr Mambwe: Honourable minister Dora Siliya.

Linyama: The addressee?

Dr Mambwe: D Kapitolo my lord.

Linyama: Does it state anywhere that the valuation of Zamtel must be given to a single firm?

Dr Mambwe: Yes, it does.

Linyama: What paragraph?

Dr Mambwe: Paragraph four.

Linyama: In that letter, the request of the minister is for retendering, isn't it? In that letter, has she named any particular firm?

Judge Chitengi: Try to follow the current of his argument or follow the flow of the evidence. You are now asking questions.

Linyama: In your evidence, you said all the letters are not copied to officers within the ministry because they are on file?

Dr Mambwe: You only copy the letter if the request has come from that individual.

Linyama: Look at P14. Who is that addressed to?

Dr Mambwe: Dr Kanganja.

Linyama: Who is it copied to?

Dr Mambwe: The honourable minister and the deputy minister.

Linyama: What was so special about that letter?

Dr Mambwe: The reason why the minister had to be copied was because the original letter was copied to me and the minister in return, will have to do the same my lord.

Linyama: Most obliged my lord.

Re-examination by Wynter Kabimba

Kabimba: Dr Mambwe when you said you were satisfied, was it a directive to the minister in terms of engaging that company for revaluation?

Dr Mambwe: In essence, yes.

Kabimba: My lord, I just want to show the witness exhibit P1 page three clause three. A question was put to you, if it doesn't involve the expenditure the minister can sign?

Dr Mambwe: Yes.

Kabimba: Does that MoU involve expenditure?

At this point Dr Mambwe reads part of the MoU.

Kabimba: Does that clause involve expenditure on the part of the ministry?

Dr Mambwe: Yes, it does.

Kabimba: Thank you. Now, exhibit P18 look at it and clarify. Was that offer for the repair of radars or was it the bid?

Dr Mambwe: According to this, it was for a new radar.

Kabimba: My lord, I am showing the witness P15. Now, your evidence was that the letter embodies the report from Mr Mukupa on allegations from the concerned taxpayer?

Dr Mambwe: Correct.

Kabimba: Upon receipt, you prepared a letter to the minister. What was the minister's reaction?

Dr Mambwe: The only reaction I remember was in January, the directive that I should instruct ZNTB to retender.

Kabimba: No, let us clarify that point. What was the minister's reaction?

Dr Mambwe: I don't recall

Kabimba: Read that clause 10.1 [Dr Mambwe reads the clause to the tribunal].

Kabimba: Now, you were shown exhibit P9, read that.

Dr Mambwe reads.

Kabimba: Look at P10. What is that document?

Dr Mambwe: My letter to the director general ZPPA and it reads as follows...

Kabimba: Would I be correct to say you wrote that letter in accordance with clause 10.1 of the Cabinet Handbook?

Dr Mambwe: Correct.

Kabimba: The letter by the concerned citizen and the minister's instructions that the tender be redone, could you just go through.

Dr Mambwe: There were two separate issues. The first dealt with retendering. ZNTB told us they couldn't because the process was correct. The minister expressed concern that the tender process was not correct.

Kabimba: Can the minister write to ZNTB?

Dr Mambwe: Not in normal circumstances, No.

Kabimba: Not in normal circumstances. Now I am showing the witness exhibit P20. Dr Mambwe what is that document?

Dr Mambwe: It is addressed to Mr D Kapitolo.

Kabimba: Who is the author?

Dr Mambwe: Honourable Dora Siliya instructing the procurement department to suspend the tender and a new one be initiated and that only manufacturing companies to submit bids.

Kabimba: Look at exhibit P21. What is that document?

Kabimba: Go to the last paragraph and read loudly before the tribunal.

Dr Mambwe reads the document.

Kabimba: Aren't the minister's instructions contrary to the advice from ZNTB?

Dr Mambwe: Yes, they are.

Kabimba: A question was put to you that Mr Mukupa having taken site visits you remember? Is it normal procedure?

Silwamba: My question was that are there any site visits and the answer was no.

At this point Judge Chitengi expresses concern over Siliya's nodding and shaking of her head while witnesses were still on the stand and asks her lawyer to advise her from doing so as that amounted to giving evidence.

Judge Chitengi: Honourable minister don't nod you are giving evidence

Kabimba: No further questions for the witness. That is all for the witness.

Judge Chirwa: We shall resume at 14:30 this afternoon.