‘Communications ministry had no physical contact with bidder’
‘Communications ministry had no physical contact with bidder’Written by Maluba Jere and Mwala Kalaluka
Thursday, April 09, 2009 8:52:25 PM
Continued from yesterday
Silwamba: My lord, I am applying that the document be marked.
Siliya: The document, my lord, is dated 15 November 2008.
Judge Chirwa: To whom is it addressed?
Siliya: The first page is on the letterhead for the Ministry of Communications and Transport. MCT/TB/ORD/045/08.
Judge Chirwa: Who is the author?
Siliya: No on the first page, my lord.
Silwamba: try and look at page five?
Siliya: From page four to page five, there is a list of the evaluation team. Secretary of the committee is Mr Isaac Mukupa chief purchasing and supply officer, secretary to the committee.
Silwamba: Please, look at page 5 of that report and in particular clause 5. Please read clause five?
Siliya: Refer to compulsory site visits...is at appendix one.
Silwamba: Please confirm to their lordships if that report has appendix one?
Siliya: Yes, my lord.
Silwamba: And you can confirm these are attached...?
Siliya: Yes, my lord.
Silwamba: They are found on which pages?
Siliya: Appendix one, there is 62, 63, 64.
Silwamba: And you can confirm it is from 62 to 67?
Siliya: Yes, my lord.
Silwamba: You recall you told their lordships that you received a report from the acting chief purchasing and supply officer telling you that there was no contact with bidders?
Judge Chirwa: Let us mark this one as...
Silwamba: The whole report, my lord?
Judge Chirwa: Yes.
Silwamba: Most obliged. Please look at ID12, which is at page 43, in particular clause three at page 35, which talks about contact with...bidders?
Siliya: Yes, my lord.
Silwamba: And you can confirm this was a report, which was made in response to the anonymous letter?
Siliya: Yes, my lord.
Silwamba: Just read that clause again?
Siliya: The Ministry of Communications and Transport did not have any physical contact with the bidder, as the threshold was...
Silwamba: In that report, the head of procurement is denying any contact with the bidders?
Siliya: Yes, my lord.
Silwamba: I want you to look at document on page 121 to 124. My lord, with your leave these are three related documents. I will be praying that they be marked collectively. Look at document?
Siliya: Yes, my lord.
Silwamba: What is it?
Siliya: My lord, this a faxed message letter dated 9 February 2009 and is addressed to Dr E Mambwe.
Silwamba: Is it headed?
Siliya: My lord, it is headed in the middle as Thales and on the right hand side as Flight Craft Aviation.
Silwamba: Please read that fax?
Siliya: The cover note on the letter attached to the fax, it reads...telephone number is a South African number...addressed to Dr E Mambwe, permanent secretary...copied to director general Zambia National Tender Board...subject supply, delivery, installation and commissioning of...radar system.
Silwamba: Now, please read the letter at page 122?
Siliya: Letterhead Thales only and it gives an address of Thales in France, 9 February 2009, addressed to Dr E Mambwe, permanent secretary Ministry of Communications and Transport...notification of award letter from the permanent secretary...we are awaiting an invitation from the Ministry of Communications and Transport to come to Lusaka...
Silwamba: Please read the one at page 123. My lord, my apologies this should have come as the first letter in terms of sequence.
And the address?
Siliya: To the permanent secretary, Ministry of Communications and Transport, Dr E Mambwe.
Silwamba: And the reference?
Siliya: The reference is TB/ORD/045/08.
Silwamba: Please read the contents of that letter?
Siliya: The subject is supply, delivery, installation and commissioning...
Silwamba: My lord, I pray they maybe marked collectively?
Judge Chirwa: Collectively marked as ID15.
Silwamba: You can confirm that Thales in the letter are confirming that they were in receipt of notification of awarding of the tender?
Siliya: Yes, my lord.
Silwamba: Please look at page 86 volume one? You have seen that document? Do you want to confirm to their lordships whether you also found that document on the file?
Siliya: Yes, my lord.
Silwamba: Please tell their lordships what that document is?
Siliya: There is a sample of a contract agreement.
Judge Chirwa: Draft.
Siliya: Draft of a contract agreement.
Silwamba: Parties included?
Siliya: Between the Ministry of Communications and Transport and Thales Air System S.A.
Silwamba: Please give their lordships the contract number if at all any is indicated there?
Siliya: MCT/TB/ORD/O45/08
Silwamba: You can confirm that...is still alive?
Siliya: Yes, my lord, I do.
Silwamba: What was your reaction when you heard that you had cancelled that award?
Siliya: My lord, I was very shocked and was shocked because first I had only recently learnt of the notification of award...but the contract has not yet been signed with Thales and as such it was impossible for me to cancel that contract. Secondly, and for the record, I had asked the permanent secretary to ask the Zambia National Tender Board only to hold or to suspend the process on my letter of 11 December 2008 addressed to the Tender Board. I copied to the permanent secretary this letter addressed to the Tender Board and reaffirmed the same position in the letter of 6 January 2009...I was not even aware that the notification for award had been sent. So I was shocked when talking about cancellation of a contract that was non-existent.
Silwamba: In any event, can you confirm to the tribunal that your quest to cancel the tender was rejected by the Tender Board?
Siliya: Indeed, my lord.
Silwamba: Now Honourable minister, let us discuss the issue of the repair process...I am showing the witness volume two.
Judge Chirwa: Is that the end of volume one?
Silwamba: Yes, my lord, for this witness.
Judge Chirwa: Now this is volume two of the document. Please look at page one of that volume two?
Siliya: Yes, my lord.
Silwamba: Have you seen that letter? Do you recognise it?
Siliya: I do, my lord.
Silwamba: It is from who?
Siliya: It is from Selex Sistemi Integrati S.P.A vice-president Middle East and Africa and is signed by Dominico Lovino.
Silwamba: Recipients?
Siliya: Myself and also Dr Mambwe, permanent secretary.
Silwamba: Please read the letter to the tribunal?
Judge Chirwa: What is the date?
Siliya: The date, my lord, is 4th December 2008. The subject matter is repair of the existing Lusaka International Airport radar head. We wish to confirm our enduring commitment to the Republic of Zambia and Lusaka International Airport...
Silwamba: So that letter is making the offer for the repair of the radar?
Siliya: Yes, my lord.
Silwamba: And it also gives an indication of the period it would take to repair the radar?
Siliya: Yes, my lord.
Silwamba: Confirm to their lordships that this letter from Selex is addressed to yourself as minister and to Dr Mambwe as permanent secretary?
Siliya: Yes, my lord.
Silwamba: I would like the witness to look at page 110 of volume one. I can confirm it is the only time I will be going backwards. You have seen that?
Siliya: Yes, my lord.
Silwamba: You can confirm that it is a letter you authored to Dr Mambwe?
Siliya: Yes, my lord.
Silwamba: I want you to read?
Siliya reads.
Silwamba: What offer letter are you referring to in ID13?
Siliya: The offer letter is the letter from Selex Sistemi Integrati.
Silwamba: The one at page one?
Siliya: The one at page one, my lord.
Silwamba: My lord, I apply that it be marked?
Judge Chirwa: ID17.
Silwamba: Most obliged. Please look at document at page two in volume two. Tell their lordships what that document is and tell their lordships the date?
Siliya: It is an internal memorandum addressed to the director of planning and information...15 December 2008, authored by Mr John. H. Chipawa.
Silwamba: It was authored by John. H. Chipawa? Do you know this John H Chipawa?
Siliya: Yes, indeed my lord.
Silwamba: What are his designations?
Siliya: Director of government communication in the Ministry of Communications and Transport.
Silwamba: Please read that internal memorandum?
Siliya: Repair of the radar head at Lusaka International Airport...
Silwamba: My lord, I am applying that it be marked?
Judge Chirwa: Internal memorandum of 15 December 2008 marked as ID18.
Silwamba: I would like you to look at the document at page four? What is the date of that letter?
Siliya: 6 January 2009.
Silwamba: And the addressee?
Siliya: Letter is addressed to Dr Situmbeko Musokotwane, Minister of Finance, Lusaka.
Silwamba: The author?
Siliya: The letter was authored by myself, your lordships.
Silwamba: Is that letter copied to anybody?
Siliya: Letter is copied to Honourable Mubika Mubika MP, deputy minister communications and transport, also copied to Dr E Mambwe, permanent secretary the same ministry...
Silwamba: Please read that letter to the honourable tribunal?
Siliya: I have decided to offer...before we proceed with the other option. I have accepted their offer...
Silwamba: My lord, may that document be marked?
Judge Chirwa: ID19.
Silwamba: Obliged my lord. Did you receive a reply to that letter that you wrote to the Minister of Finance?
Siliya: Yes, I did my lord.
Silwamba: Please look at page six of volume two? What is the document?
Siliya: It is a letter dated 8 January 2009.
Silwamba: Addressed to?
Siliya: Addressed to myself.
Silwamba: Who is the author?
Siliya: Dr Situmbeko Musokotwane, MP, Minister of Finance.
Silwamba: Please read only that letter to the tribunal?
Siliya: Consideration of the offer...you are at liberty to proceed as a ministry in a manner you deem fit...
Silwamba: So in D19, you were seeking clearance from the Ministry of Finance?
Siliya: Yes, my lord.
Judge Chirwa: It has to be marked. ID20.
Silwamba: Most obliged. In ID20, the Minister of Finance is saying you are at liberty to proceed?
Siliya: Yes, my lord.
Silwamba: As long as you are within the financial regulations?
Siliya: Yes, my lord.
Silwamba: Please look at the document on page seven in volume two?
Siliya: Yes, my lord.
Silwamba: What is the date?
Siliya: 22 January 2009.
Silwamba: And who is the author?
Siliya: The author is Dominico Lovino, Middle East and Africa Selex Sistemi Integrati S.P.A.
Silwamba: Addressees?
Siliya: Myself and Dr Mambwe, permanent secretary Ministry of Communications and Transport.
Silwamba: Please read that letter?
Siliya reads.
Silwamba: My lord it can be marked?
Judge Chirwa: ID21.
Silwamba: Please look at the document at page eight? What is the date of the letter?
Siliya: 4 February 2009.
Silwamba: And the author?
Siliya: Dominico Lovino...
Silwamba: Addressed to who?
Siliya: Director Civil Aviation Ministry of Commerce and Transport Lusaka Zambia.
Silwamba: Ministry of Commerce and Transport?
Siliya: Yes, my lord.
Silwamba: Is it copied to anyone?
Siliya: Director Air Navigation National Airports Corporation, permanent secretary Ministry of Commerce and Transport, the minister Ministry of Commerce and Transport.
Judge Chirwa: Of commerce?
Silwamba: Of commerce. Is there a date-stamp?
Siliya: Indeed, there is a date-stamp of the minister, Ministry of Communications and Transport.
Silwamba: Please read that document?
Siliya: My lord...we want to thank you for having accepted our offer...
Silwamba: My lord, if that can be marked?
Judge Chirwa: Page eight volume two marked ID22.
Silwamba: Most obliged, my lord. I want you to look at ID17 in volume two and in particular paragraph four?
Siliya: Yes, my lord.
Silwamba: You recall that is the paragraph that gave an estimate of two weeks to complete the repair of radar equipment...looking at the letter...Selex gave a two-week estimation for the repair works?
Siliya: Yes, my lord.
Silwamba: I want you to look at ID22. That is the letter dated February 4, 2009. The letter indicated two weeks but what is Selex saying in the last paragraph?
Siliya reads.
Silwamba: In that letter Selex are amending the time frame?
Siliya: Yes, my lord.
Silwamba: They are giving a qualified opinion and depending on the circumstances...
Siliya: In the letter, my lord.
Silwamba: In that case, they have left a proviso in the time frame?
Siliya: Yes, my lord.
Silwamba: And you can confirm that the letter was copied to the National Airports Corporation, where Mr Misitala works?
Siliya: Yes, my lord.
Silwamba: To your knowledge...did they undertake the repair work?
Siliya: Yes, my lord.
Silwamba: Did they complete?
Siliya: No, they have not completed.
Silwamba: The second question is, why not?
Siliya: The Director of Aviation did inform me last week and the PS that they had met last week with the vice-president of Selex to follow up on the matter because they were having problems in terms of facilitation from the National Airports Corporation. I believe the PS called for a meeting with the vice-president from Selex, who was in the country and that they had expressed concern.
Judge Chitengi: Who are they?
Siliya: Selex...that they have encountered some resistance from National Airports Corporation.
Silwamba: They are resisting the?
Siliya: That they have found it difficult to do the repairs because of the resistance. I believe that about 60 per cent of the work had been done.
Silwamba: Are you telling the tribunal that the permanent secretary had to summon National Airports to the ministry to discuss the resistance?
Siliya: I believe so.
Silwamba: What report were you given?
Siliya: That they were having problems in carrying out the repairs because they were not getting cooperation from National Airports.
Silwamba: The matter has been resolved?
Siliya: That is what I have been made to believe.
Silwamba: Please look at document on page nine at volume two. Tell their lordships what that document is?
Siliya: This is a report of the acquisition of radar equipment for Lusaka and Livingstone international airports.
Silwamba: Is that document dated?
Siliya: No, my lord.
Silwamba: Does it have the name of the author?
Siliya: There is an attachment. There is a list...and institutions they represent.
Silwamba: The list of names...has a chairperson?
Siliya: John H Chipawa Ministry of Communications and Transport, chairperson.
Silwamba: Please read the report?
Siliya reads.
Silwamba: Mr Chishaala and Mr Sitali were on the committee?
Siliya: Yes, my lord.
Judge Chirwa: The report is not dated?
Silwamba: From page nine, ten and eleven.
Judge Chirwa: Marked ID23.
Silwamba: Most obliged, my lord.
Judge Chirwa: From that letter or report it does not seem work or repair is going on?
Siliya: This is the report of a meeting held on 8 of August 2008.
Silwamba: Just clarify that is the report talking about single sourcing for Selex.
Siliya: Yes, indeed my lord.
Silwamba: Tell their lordships when the single sourcing for Selex was made, was it before or after...?
Siliya: It was way before the offer...the offer for Selex was on 4th December 2008.
Judge Chirwa: And the meeting of 8 August 2008 was against this?
Silwamba: In that report they preferred outright purchase?
Siliya: Yes, my lord.
Judge Chirwa: The sequence, State Counsel, has confused us. We want to know the status as of now?
Silwamba: Right now the repairs are going on?
Siliya: Yes, my lord.
Silwamba: The repair works are going on and the tender process is also going on?
Siliya: Yes, my lord.
Silwamba: So you are having the best of both worlds? You can confirm?
Siliya: Yes, my lord.
Silwamba: We have had too much radar talk today, may be we go to the boreholes.
Judge Chirwa tells Silwamba to stop there looking at the time.
Judge Chirwa: Minister, you can come back tomorrow at nine hours.
Tuesday, March 24, 2009 morning session.
Judge Chirwa: Yes, State Counsel.
Silwamba: Obliged my lord.
Judge Chirwa: Swear the witness. Siliya then takes oath.
Judge Chirwa: State Counsel, just before we proceed, the witness was talking about a tender on E-governance. There was a mention of someone from State House who approached her, the permanent secretary and the director and the office of the tender board. We didn't allow the witness to mention the name... Sorry there is no need to hide his name.
Judge Chitengi: When his name is revealed, this will spare the unnecessary speculation and also make us understand the circumstances in which the ministry was operating.
Silwamba: Obliged my lord. Minister, you have heard the lordships, tell the honourable tribunal the name of the official from State House.
Siliya: His name is David Kombe.
Judge Chirwa: Would you know what the official's designation was?
Silwamba: Can you confirm that it was chief analyst press?
Siliya: Yes, my lord.
Silwamba: Go into detail, what this gentleman told you.
Siliya: The first time, I was approached, he came to my house ad told me that it was very very important that this particular company is considered.
Judge Chitengi: To who?
Siliya: The words he used are that if this was done, minister you will be looked after and this is coming from high sources that this company is important. In our discussion at my house, he made reference to the former first lady. I mentioned to him that I had just moved to the ministry and I was not even aware of this tender. He subsequently followed up with phone calls.
Judge Chirwa: And the permanent secretary and the director said they were approached?
Siliya: Yes, they did confirm that they had been under a lot of pressure over the same matter.
Judge Chitengi: Minister clarify, what do you mean reference to the first lady?
Silwamba: What exactly did he say?
Siliya: He said these were friends of the former first lady.
Judge Chitengi: Who are these?
Siliya: ZTE. The company is ZTE.
Silwamba: Did you speak with the former first lady?
Siliya: No, my lord.
Silwamba: Is it your evidence that Mr Kombe mentioned that he had been sent?
Siliya: From the discussion, he wanted me to believe that this was beyond him.
Silwamba: Did Mr Kombe mention that he had been sent?
Siliya: Yes, my lord.
Silwamba: Unless the lords have questions.
Judge Chitengi: Does the honourable minister know whether Mr Kombe is still at State House?
Siliya: No, my lord. He is not.
Judge Chirwa: Proceed. Now take us to the boreholes.
Silwamba: Now, Ms Siliya, the third allegation against you, framed against you by a consortium of the civil society is that you claimed a refund for K12.5 from Petauke District Council.... You recall that allegation?
Siliya: Yes, I do my lord.
Silwamba: Do you confirm that you had requested for a refund of K12.5 million?
Siliya: Yes my lord.
Silwamba: My lords, I am showing the witness documents on page 20 of volume four. Have you seen that document? Page 22 my lord is a similar document as the one I have in volume four. In fact my lord, I abandon volume four because the writings are the same as page 22. Ms Siliya have you seen the document page 22?
Siliya: Yes, my lord.
Silwamba: Tell their lordships what that document is.
Siliya: One is payment voucher originating from Petauke District Council.
Silwamba: Begin with the letter.
Siliya: This is a letter of claim written by myself.
Silwamba: So you can confirm that that letter was authored by yourself?
Siliya: I do my lord.
Silwamba: And the other one, page 22 is a payment voucher?
Siliya: Yes, my lord.
Silwamba: So, you can confirm seeing that payment voucher prior to today?
Siliya: My lord, except from when I came to the tribunal, I have never seen it before.
Silwamba: But do you recall receiving a payment as a result of your letter of claim?
Siliya: Yes, indeed my lord.
Silwamba: Your letter of claim you talk about an advance made to the council CDF Committee. Explain in brief terms to the honourable tribunal. Maybe I'll assist you how and when was the advance made?
Siliya: The advance was made in two part as a result from demand from the people in Nyika ward in October 2008. As a council, we had plans to sink boreholes in the whole constituency over a five-year period...and as a constituency had identified a number of sites including Nyika ward to sink boreholes. So, this was an on-going plan however, I learnt during a visit to Petauke in August 2008 that the two high lift pumps that piped water in Petauke had broken down and in my discussion with the council secretary, he said he would be speaking to the council...to source funding.
Silwamba: What is the name of the council secretary?
Siliya: Boyd Mboyi. When I went back to Petauke in September 2008, I found that the high lift pumps were still not working and I was told and saw for myself that it was causing a lot of problems for the people. Only about 37 per cent of people in Petauke get piped water directly into their homes, the rest get it from communal taps and boreholes and these are inadequate so the breaking down of the lift pumps meant that even the piped water was no longer available. We discussed with officials in the council secretariat.
Silwamba: Which officials?
Siliya: At the council and officials from the development chairman Mr Mbewe at that time.
Judge Chirwa: Yes?
Siliya: That we needed to use CDF funds to sink more boreholes immediately. I was then informed that actually the CDF had run out and we were expecting the next allocation. I then had to leave Petauke urgently.
Judge Chitengi: When was the allocation expected?
Siliya: Anytime at that point because 2008 had not yet come through. I left Petauke urgently I had to travel out on an emergency and got back in mid-2008 by then it was the middle of the Presidential by-election.
Silwamba: Please proceed.
Siliya: On the last day of campaigns on 29th October, when I went to my last meting in Nyika ward in Showgrounds in particular, I was stopped by hundreds of women, girls and children along the way and this was besides the only borehole in the area at that time. The women lamented for an hour their hardships.
Silwamba: To who?
Siliya: Myself on the water problems and told me that they go to the boreholes as early as 1 AM and that it was encouraging immorality among the young people because they were always queued up. In short my lord, it was a very very sad sight with some women almost in tears.
Silwamba: Following that explanation what did you do as area member of parliament?
Siliya: I proceeded to address a meeting and the same matter was raised and after the meeting, I called Mr Mboyi in the evening and inquired about the CDF funds. He told me that they had not been received yet. I was feeling very frantic about the experience in the afternoon and I felt we needed to do something about the situation and two days later, I went to see Mr Mboyi he agreed to meet at his office. I was in the company of the area development committee chairman Nyika ward in the Showgrounds Mr Paul Ngoma.
Judge Chirwa: Yes.
Siliya: We discussed with the council secretary Mr Mboyi what could be done immediately to address the situation.
Silwamba: So, what did you resolve at the meeting?
Siliya: I was aware that the department of water affairs was in the district and at this meeting, I asked Mr Mboyi what it would take to start the process immediately to get the boreholes drilled and he confirmed that the rig...was still in the district and that he himself and the council chairman Mr Musa had had discussions with water affairs people from Chipata and had agreed that if a down payment was made to cover fuel allowances and pumps, they will begin the work and be paid the balance later
Silwamba: Just confirm, the chairman you are referring to is Mr Osman Musa?
Siliya: Yes, my lord.
Silwamba: CW13 my lord.
Siliya: Mr Mboyi told me that if they had K12.5 million immediately, they would get paid the balance later on they would begin drilling the two boreholes immediately.
Silwamba: Who communicated that message to you?
Siliya: Mr Mboyi as a result of a discussion he and Mr Musa had had with the water affairs people who were in the district.
Silwamba: Proceed.
Siliya: I told Mr Mboyi that I had only K7 million on me and that I was ready to advance K6 million as I needed the other K1 million since I was returning to Lusaka that day my lord. That I would give him the balance when I got back to Lusaka.
Silwamba: Look at page 15 of volume four. Do you recognize that document?
Siliya: Yes, my lord I do.
Silwamba: Explain what it is about.
Siliya: It is proof of my advancing K6 million to the council.
Judge Chitengi: Tell us what the document is.
Siliya: It is a receipt of funds.
Silwamba: Is it typed or handwritten?
Siliya: It is a handwritten receipt dated 1st November, 2008.
Judge Chirwa: Who received it?
Siliya: Mr Boyd Mboyi.
Silwamba: Read the contents to the lordships.
Siliya reads the contents to the tribunal.
Silwamba: So, both of you signed that document?
Siliya: Yes, indeed my lord.
Judge Chirwa: The document is marked ID24.
Silwamba: Most obliged my lord. Now, please turn to the next page at page 16 of volume four. Do you recognize that document?
Siliya: Yes, my lord.
Silwamba: Explain to the lordships what that document is.
Siliya: My lord, this is also a handwritten note confirming receipt of funds dated 8th November 2008.
Silwamba: Given the background, where and when was the document signed?
Siliya: After advancing K6 million to the council, I travelled back to Lusaka and at that time, he was in Lusaka and I decided to give him the balance.
Judge Chitengi: Where was the document signed?
Siliya: I met Mr Mboyi from the bank at Manda Hill.
Silwamba: In Lusaka?
Siliya: Yes.
Judge Chirwa: Yes.
Silwamba: Please read the document to the lordships.
Siliya is then made to read the document where Mboyi is acknowledging receipt of funds.
Judge Chirwa: The document is marked ID25.
Silwamba: Tell the lordships what role did you play in the drilling of these boreholes or did you personally get involved I the drilling?
Siliya: No, my lord.
Silwamba: Who undertook the project? The tribunal would like to know.
Siliya: The council my lord.
Silwamba: By council, any names?
Siliya: The council secretary my lord. Mr Boyd Mboyi.
Silwamba: Is it your evidence that your role was to provide the advance of K12.5 million?
Siliya: Yes, my lord.
Silwamba: Please look at P22 again. There is a claim voucher and you claimed for K12.5 million?
Siliya: Yes, my lord.
Silwamba: Tell the lordships the amount on the payment voucher that you received by way of refund.
Siliya: K12.495,000.
Silwamba: Was that the all amount you had advanced?
Siliya: No, my lord.
Silwamba: Did you query the council secretary why they had under refunded you?
Siliya: Yes, my lord.
Silwamba: Please explain to the lordships what the reply was.
Siliya: The council secretary told me they could not account for K5,000.
Silwamba: When he told you he could not account, would you elaborate?
Siliya: He said the money was used for fuel and other expenses so...
Silwamba: So, he refused to pay you back K5,000 because he could not account for it?
Siliya: Yes, my lord.
Silwamba: Clarify one issue...Musa who said the boreholes in your constituency were sunk by well-wishers, please explain.
Judge Chirwa: He said he didn't know who sunk the boreholes but that he was told by the development committee.
Silwamba: Prior to the incidence when you met the women, did your parliamentary office try to sink boreholes?
Siliya: Yes, my lord.
Judge Chitengi: Mr Silwamba, before you proceed, ask the honourable minister to clarify. You advanced money to sink boreholes, minister if you look at the payment voucher they are refunding you money for the supply...
Siliya: Being payment made in respect of hand pumps for two boreholes for Tasala.
Judge Chitengi: You didn't ask Mr Mboyi that my claim was for money advanced to sink boreholes?
Siliya: Like I said, I had not seen this payment voucher since the tribunal.
Judge Chirwa: How did you receive the cheque?
Siliya: The refund was deposited in my account from Petauke.
Silwamba: Would you know the person who caused it to be deposited I your account?
Siliya: No my lord. Mr Mboyi told me the cheque had been deposited.
Silwamba: That voucher, is there a provision for a person who received the cheque?
Siliya: Yes, my lord, it says receipt by B. Mboyi.
Silwamba: NRC number?
Siliya: 184366/13/1.
Silwamba: Date?
Siliya: 17th December, 2008.
Silwamba: I would like to show you the document on page one of volume four. Do you recognize that document?
Siliya: Yes, I do my lord.
Silwamba: What is it?
Siliya: It is a letter to myself from my professional assistant in Petauke and there is a proposal attached to it.
Silwamba: Date?
Siliya: It is dated 27 May, 2008
Silwamba: Please read the letter to the tribunal. Siliya reads the proposal.
Silwamba: My lord with your leave, I would like to mark this letter collectively with the project proposals.
Judge Chirwa: Can she read the project proposal?
Silwamba: My lord, it is quite voluminous but page three the last paragraph ...read the last paragraph
Siliya reads the paragraph.
Silwamba: So, in your proposal you authored...the funds will be accounted for?
Siliya: Yes, my lord.
Judge Chirwa: We mark the two documents as ID 26 collectively.
Silwamba: What is that document on page 13?
Siliya: It is a letter authored by myself to the A J Lungu ZCCM-IH chairman dated 27th May 2008.
Silwamba: Read the document. And Siliya reads the document, which was an application for funds for borehole in Petauke.
Silwamba: Did you receive a reply?
Siliya: Yes, I did.
Silwamba: Look at page 13 of volume four is that the reply?
Siliya: Yes.
Silwamba: What is the date?
Siliya: 30th June 2008.
Silwamba: Addressed to who?
Siliya: Myself.
Silwamba: Authored by?
Siliya: Lungu A J.
Silwamba: Please read. [Siliya reads the letter to the tribunal].
Silwamba: That is the last of these documents, which I pray to be marked collectively.
Judge Chirwa: The question is did ZCCM-IH advance this money to sink the boreholes?
Siliya: No, my lord.
Silwamba: So, you are confirming that the monies advanced to the council were your personal resources?
Siliya: Yes, my lord.
Silwamba: Did you raise the issue of water problems with your colleagues at the ministry of local government and housing?
Siliya: Yes, I did my lord.
Silwamba: Please look at the document on page 18 of volume Four. Do you recognize that document?
Siliya: Can I just be sure which document you are talking about?
Silwamba: 24th November.
Siliya: Yes, my lord.
Silwamba: What is that document?
Siliya: It is a letter authored by myself to honourable Tetamashimba MP Minister of Local Government and Housing.
Silwamba: Please read the contents of that letter to the honourable tribunal.
Siliya reads the letter.
Judge Chirwa: What is the date?
Siliya: My lord, it is 24th November 2008
Silwamba: The addressee?
Siliya: myself.
Silwamba: The author?
Siliya: Honourable Tetamashimba Minister of Local Government and Housing.
Silwamba: Is it copied to anybody?
Siliya: My lords the permanent secretary Ministry of Local Government and Housing Lusaka, provincial local government officer, Eastern Province Chipata and the Town Clerk Petauke District council.
Silwamba: Please read the contents of that letter. [Siliya reads to the tribunal].
Silwamba: I pray that that document be marked.
Judge Chirwa: ID 28.
Silwamba: I apologise my lords for exceeding the normal break time.
Judge Chirwa: We take our usual 15 minutes break.
After the break the sittings resume.
Judge Chirwa: Yes, State Counsel.
Silwamba: Obliged my lord. Now, honourable Siliya, we will deal with the allegation regarding the MoU, just to remind you the allegation is that you honourable minister of transport against the professional advice of the learned Attorney General did award to RP Capital Partners Cayman Islands a contract of US $2 million. A consortium of civil society frames it differently that On 22nd December 2008.... you honourable Siliya signed the MoU on behalf GRZ... you recall these allegations?
Siliya: I do my lord.
Silwamba: Do you confirm to the tribunal that you did in fact sign an MoU with RP Capital of Cayman Islands?
Siliya: I do my lord.
Silwamba: Now, I want you to compare that document with the one on page 14 in Volume three. Have you compared those documents?
Siliya: Yes, my lord.
Silwamba: Are they the same?
Siliya: My lord, the contents seem the same but they are not the same.
Silwamba: Any difference, please tell the lordships.
Siliya: The documents in volume three on page 14 initiated on each page while P1 is not and the one in volume three page 14 has an addendum P1 has none.
Silwamba: If you look at P1, where does that document end?
Siliya: My lord, it has six pages ad ends on the document on top where the date is 22 December 2008.
Silwamba: What is the title of that document?
Siliya: The title on P1 is MoU between GRZ and RP Capital concerning the provisions of valuation of Zamtel assets.
Silwamba: What about the document on page 14 is there a document?
Siliya: Yes, the document is under the heading MoU signed by GRZ and RP Capital of Cayman Islands.
Silwamba: Does it relate the same subject matter?
Siliya: Yes, my lord.
Silwamba: We have no problem dealing with them separately our understanding was that these documents are relating to the same subject. So, you have seen P1 and the document on page 14 to page 19?
Siliya: Yes, my lord.
Silwamba: Can you tell the lordships who signed that document on 22 December, 2008?
Siliya: My lord, it is signed by three people: the Ministry of Communications and Transport, RP Capital and Zambia Development Agency.
Silwamba: Please look at the document on pages 20 and 21. Who are the parties?
Siliya: Ministry of Communications and Transport, RP Capital and ZDA.
Silwamba: What is the date on that document?
Siliya: 9th January, 2009.
Silwamba: Please confirm to the lordships, is the title on the document signed on 22 December and 9 January the same?
Siliya: Almost my lo
Labels: DORA SILIYA, PRIVATISATION, RP CAPITAL PARTNERS, ZAMTEL
posted by MrK @ 7:53 PM
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