Dora’s non-compliance can’t amount to breach of Part II of the Act – Silwamba

Dora’s non-compliance can’t amount to breach of Part II of the Act – Silwamba
Written by Maluba Jere
Monday, April 13, 2009 4:03:15 AM

COMMUNICATIONS and transport minister Dora Siliya’s lawyers have submitted that the tribunal set up to probe Siliya’s alleged corruption and abuse of authority should make a finding of fact that the respondent has not breached Part II of the Parliamentary and Ministerial Code of Conduct Act.

This is in a matter where former communications and transport minister William Harrington and ten civil society organisations asked Chief Justice Ernest Sakala to set up a tribunal to investigate the alleged corruption and abuse of office involving Siliya.

Harrington and the ten civil society organizations urged Justice Sakala to probe Siliya for allegedly breaching the Parliamentary and Ministerial Code of Conduct in her engagement of RP Capital Partners of Cayman Islands to value Zamtel's assets before partial privatisation and her cancellation of a tender that was awarded for the installation of radars at the Lusaka and Livingstone International airports. Siliya was also being probed over her alleged claims of K12.5 million from Petauke District Council as refund for two hand pumps for two boreholes sunk in one of the wards called Nyika, when in fact the hand pumps were procured at K5 million.

Siliya’s lawyer Eric Silwamba submitted that that even in an event that Siliya did not heed the advice of the Attorney-General’s Chambers, non-compliance could not amount to the breach of Part II of the Act.

Silwamba prayed that the complainants had lamentably failed to discharge their burden and standard of proof on all the allegations in the consolidated complaint and that the same be dismissed.

“The respondent prays therefore that; the honourable tribunal doth recommend that the President of the Republic of Zambia should invoke the provisions of Section 16 of the Parliamentary and Ministerial Code of Conduct Act , Chapter 16, Volume 2 of The Laws of Zambia and promulgate Regulations to provide inter alia a threshold sieving mechanism of frivolous and vexatious complaints akin to the leave stage in Judicial Review proceedings and further provide for security for costs etc,” he submitted. “That the honourable tribunal doth recommend that an amendment to the Official Oaths Act Chapter 5, Volume 2, of the Laws of Zambia be effected to provide for the criminalisation of public officers who communicate official information to unauthorised persons.”

He also stated that the tribunal should recommend that the Secretary to the Cabinet be directed to issue an administrative circular to govern the preparation of legal opinions to include the mode of receipt of instructions, consultative process, execution and retention of signed copies to be archived.

Silwamba also prayed that the tribunal recommend that the Attorney General’s Chambers be strengthened and streamlined to provide for a policing and monitoring mechanism of legal opinion rendered by modus operandi of constitutional amendment.

On the first allegation regarding RP Capital Partners of Cayman Islands, Silwamba stated that it was clear from the evidence on record that there were discussions between the ministry of communications and transport and the Attorney General’s chambers.

“The exhibit marked P4 which according to TW 2 was a response to a letter authored by one Victor Mbumwae the then acting Permanent Secretary in the Ministry of Communications and Transport is significant of the genesis of the consultations between the Ministry of Communications and Transport and the Attorney- General’s Chambers,” Silwamba stated.

He stated that clearly, there was a conflict in the manner the issue was understood within the Attorney-General’s Chambers and that the testimonies of Sichinga and Malila were at variance saying the tribunal was duty-bound to make a finding in favour of the respondent.

Silwamba also submitted that the Attorney General was lacking in jurisdiction when he purported to declare the Memorandum of Understanding a nullity, saying it was the preserve of the Judiciary.

Silwamba further submitted that the matter involving the repair of the radar head at the Lusaka International Airport was mischievously included in the complaint.

However, Silwamba stated that in order to set the record straight, the respondents submitted that Siliya was on terra ferma when she granted authority for the repair of the Radar at the Lusaka International Airport.

He stated that the allegation was completely misplaced and was levelled from gross ignorance of the real circumstances of the matter.

“What is clear however is that there are two separate issues at play; the tender for the supply and installation of new radar equipment for the Livingstone and Lusaka International airports was a matter that was handled completely by the Zambia National Tender Board and the offer by Selex Sistemi Integrati for repair of the Radar head at the Lusaka International Airport was an internal in the Ministry of Communications and Transport,” he submitted.

Silwamba submitted that complainant and indeed the petitioners had lamentably failed to prove this allegation which was traversed by their own witnesses and accordingly prayed that the tribunal recommends that this allegation was vexatious.

On the allegations of Siliya's claim of K12.5 million from Petauke District Council for the purchase of hand pumps, Silwamba stated that from the testimony of the witnesses on record, it was only the respondent and RW2 who assisted the tribunal to establish the circumstances that led to the refund of ZMK 12,495,000.00 by the Petauke District Council.