Milupi calls for Dora’s resignation as MP

Milupi calls for Dora’s resignation as MP
Written by Chibaula Silwamba, George Chellah and Masuzyo Chakwe
Monday, April 27, 2009 3:27:00 PM

PARLIAMENTARY Public Accounts Committee (PAC) chairperson Charles Milupi on Friday demanded that former communications and transport minister Dora Siliya (right) resigns as member of parliament for breaching the Constitution, which she swore to uphold as a constitutional office holder.

And UPND leader Hakainde Hichilema has said President Rupiah Banda is blaming the Attorney General over Siliya's case because he was compromised on the Zamtel deal right from the beginning.

Meanwhile, the women movement has advised men to take a leaf from Siliya for her decision to resign following the findings of the tribunal that she breached the Constitution.

Commenting on Siliya’s continued holding of a parliamentary seat despite resigning from her ministerial portfolio following the findings of the judge Dennis Chirwa-chaired tribunal that she breached the Constitution when she awarded a US $2 million (about K10.3 billion) contract to RP Capital Partners of Cayman Islands to valuate Zamtel's assets without following the legal advice of the Attorney General's chambers, Milupi said it was clear that if a constitutional office holder, like a member of parliament, in this case Siliya, breached the Constitution, they could no longer continue holding their office.

“A member of parliament is a holder of a constitutional office. As members of parliament, we swear to uphold the Constitution and when some members of parliament become ministers, they also swear to uphold the Constitution, so to me I don’t even know why people are even wasting their time on this issue, it’s a straightforward issue. If I breach the Constitution right now, as I am, basically I have to step down as a member of parliament, so let’s not waste time on this one,” said Milupi in a telephone interview from his Luena constituency in Western Province. “To me, if you are a constitutional office holder, you no longer should hold a constitutional office if you have breached the Constitution.”

However, Milupi said Parliament had its own process of handling cases of members of parliament.

“I think Parliament is like a court, it has a process; it takes its own time. Even on a straight-forward thing like you have killed somebody, you can’t say, ‘No, this is a straightforward case.’ The judge still has to do this and has to do that,” said Milupi.

Siliya is an MMD member of parliament for Petauke Central constituency in Eastern Province.

Last Tuesday, April 21, 2009, Siliya resigned from her ministerial position following the tribunal's findings.

The tribunal earlier released its report that revealed that Siliya breached Article 54, sub Article 3 of the Republican Constitution when she selected RP Capital Partners Limited to valuate the assets of Zamtel without following legal advice from the Attorney General.

On February 9, 2009, President Banda described as nonsense the argument that Siliya was illegally handling the privatisation of Zamtel.

He said Siliya was on the right track regarding the partial privatisation of Zamtel.

President Banda said Siliya was smarter than some of the people who were questioning her.

And on February 17, 2009, Vice-President George Kunda stated: "The MoU was finally signed on 22nd December, 2008 by all parties. Thus at the time of signing the MoU, the Solicitor General had cleared and approved the MoU which had taken into account comments of the Solicitor General. For all intents and purposes, the Solicitor General was acting, on behalf of the Attorney General."

And in an interview, Hichilema said it was clear that Siliya did not take the advice from the Attorney General's chambers.

"The first thing Dora should have done was not to wait until a tribunal concluded. The correct thing was to resign and if she didn't resign, President Banda should have removed Dora Siliya. Now that Dora is actually forced out, not at her own will, the President must not blame the Attorney General for that's wrong," Hichilema said. "I think I understand why the President is doing that. From the beginning the President was compromised over the Zamtel deal. So I think he is now trying to shift the blame from where he involved himself earlier with Dora Siliya and try and put the blame on the Attorney General; that should not be accepted."

When asked to comment on President Banda's statement that he will table the matter before Cabinet for determination, Hichilema said: "Well...but are you surprised that MMD and President Banda is doing things like that? Because that's how they do things, they had to do it and then think later. But that is not correct. What was going to happen is to cancel the contracts of RP Capital Partners and to see how the US$ 2 million is reverted back to the taxpayers? That is what should be happening now."

And NGOCC executive director Engwase Mwale said NGOCC appreciated the bold step taken by the minister to step down and hoped that men would take a leaf from her.

Mwale said a lot more men had been found in similar predicaments but had resisted resigning.

She said it was important that people in positions of decision making adhered to the provisions of the law.

Mwale however expressed saddened at the loss of another female leader in government which left only two female cabinet ministers out of a cabinet of 24.

But Mwale said NGOCC appreciated and realised that the law knew no gender and as such, it was important that people in positions of decision making adhered to the provisions of the law.

"Most of the strides gained are bound to be lost if leaders are going to lose their respect for the law. It is therefore, a warning to the remaining ministers to operate within the confines of the law and not abuse their authority," said Mwale.