Malila to testify in Dora tribunal today

Malila to testify in Dora tribunal today
Written by Maluba Jere
Tuesday, April 07, 2009 3:49:36 PM

ATTORNEY General Mumba Malila is today expected to testify in the judge Dennis Chirwa tribunal set up to probe alleged abuse of office by communications and transport minister Dora Siliya.

The tribunal whose sitting comes to a close today comprises chairperson judge Chirwa, Supreme Court judge Peter Chitengi and Lusaka High Court judge Evans Hamaundu.

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

Harrington and the ten civil society organisations 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 privatization and her cancellation of a tender that was awarded for the installation of radars at the Lusaka and Livingstone international airports.

Siliya is also being probed over her alleged claim of K12.5 million from Petauke District Council as refund for two hand pumps for two boreholes sunk in Nyika ward, when they were procured at K5 million.

The petitioners called seven witnesses who included Harrington, Given Lubinda, former permanent secretary in the Ministry of Communications and Transport Dr Eustern Mambwe, Zambia National Tender Board director general David Kapitolo and Pangaea Renaissance Capital executive director Ceaser Siwale.

The other witnesses who testified were former Petauke District Council chairman Osman Musa and Petauke councillor John Mwanza.

Siliya as the respondent testified and called one witness, Petauke District Council secretary Boyd Mboyi.

The tribunal summoned Solicitor General Dominic Sichinga and Malila.

The tribunal heard that the Memorandum of Understanding (MoU) between the government and RP Capital Partners was initiated in the minister's office.

Siliya in her defence told the tribunal that she signed the MoU with the Solicitor General's blessings.

She said she signed a second MoU after the one executed on December 22, 2008 to incorporate Malila's legal opinion.

But when Sichinga appeared before the tribunal, he said the legal opinion on RP Capital was disregarded contrary to Siliya's earlier testimony.

According to his letter to the permanent secretary in the Ministry of Communications and Transport concerning the MoU between the Zambian government and RP Capital Partners, Malila strongly criticized Siliya's decision to sign the MoU in total disregard of legal advice from his office.

"It is not immediately clear to me why the Ministry of Communication, rather than the Minister of Finance should be a party to this MoU," stated Malila. "For all the reasons I have given, I advise that the signed MoU be treated as a nullity and that the necessary processes be followed to prevent undue speculation and conjecture."

According to the MoU, RP Capital had been contracted by the Zambian government to provide consultancy services to the government in connection with valuation of Zamtel for purposes of the potential sale of government shares in Zamtel, assistance in negotiations with prospective acquirers in conjunction with the government team and project management of the potential ZAMTEL sale process working with the Ministry of Communication and Transport and/or the Zambia Development Agency (ZDA), as the case may be.

Judge Chirwa last week adjourned the matter to today to enable Malila to testify.

Judge Chirwa also told the parties to ensure their submissions were ready by today.