Petauke council secretary testifies in tribunal
Petauke council secretary testifies in tribunalWritten by Reporter
Continued from yesterday
Silwamba: We are calling on Mr Boyd Mboyi. My colleague, Mr Linyama will lead him.
Saturday, April 11, 2009 5:46:37 AM
Judge Chirwa: Please swear the witness?
Linyama: Please tell the tribunal your full names?
Mboyi: My full names are Boyd Mboyi.
Linyama: Age?
Mboyi: 36 years old.
Linyama: What is your residential address?
Mboyi: 584 Kuma Yard Petauke.
Linyama: What is your occupation, Mr Mboyi?
Mboyi: I am the council secretary for Petauke District Council.
Linyama: How long have you been council secretary?
Mboyi: Four years, my lord.
Linyama: As council secretary could you just tell the tribunal what some of your duties are?
Mboyi: I am in charge of the general administration and management of the council, my lord.
Linyama: Is it your evidence that you are in charge of the day-to-day operations of the council?
Mboyi: Yes, my lord.
Linyama: As council secretary of Petauke Council, who do you report to?
Mboyi: I report to the council, my lord.
Linyama: Mr Mboyi there is an allegation here, which has been brought by the consortium of civil society organisations. I will read it you...is it correct to say that Honourable Siliya had wrongfully claimed...
Mboyi: No, my lord.
Linyama: The tribunal is interested to know exactly what you have to testify on the K12.5 million claim allegation.
Mboyi: Sometime in about August 2008 our high lift pump at our place, which supplies piped water, my lord, broke down. Which created a water crisis in Petauke District. In Nyika Ward.
Linyama: What happened thereafter? There was a water shortage?
Mboyi: Then my lord, then I notified the area member of parliament.
Linyama: Who is the area member of parliament?
Mboyi: Honourable Dora Siliya, my lord so that she could have some discussion with the Minister of Local Government and Housing.
Linyama: For what?
Mboyi: Sourcing for funds, my lord.
Linyama: You should be finishing your answers, funds for what?
Mboyi: Funds for the purchase of new high lift pump, my lord. On the 29th of October, my lord, Honourable Siliya was in the district my lord. She was, my lord, complaining that as a council we have failed in the provision of water services.
Linyama: What happened thereafter?
Mboyi: She promised to meet me on the 1st of November, my lord, 2008.
Linyama: Did the meeting take place?
Mboyi: Yes, my lord.
Linyama: Explain to the tribunal?
Mboyi: We had a discussion in my office.
Judge Chirwa: Who attended?
Mboyi: The water engineer, Mr Solomon Mbewe, my lord. Myself, the Honourable minister and area deputy committee chairman Nyika, my lord, Paul Ngoma. In the meeting...
Judge Chirwa: The council chairman was not there?
Mboyi: No, my lord. In that meeting the Honourable minister was particular on the water crisis that the district, especially Nyika Ward, especially the people of Tasala two and Show Grounds. She was interested to know what the council could do to alleviate the situation. My lord I told her that as Petauke Council, we had no money and we had not yet received the CDF. My lord and in the meeting I informed her that the Water Affairs officials from Chipata were in the district.
Linyama: Which officials in particular?
Mboyi: The drilling crew, my lord and then I suggested that if we could take advantage of their presence, my lord, and find some money to pay their allowances and fuel for drilling of the boreholes. Then we could drill the boreholes.
Linyama: What was finally reached at the meeting?
Mboyi: The Honourable member of parliament for Petauke asked me how much it would cost to have those boreholes drilled. We consulted with my water engineer, my lord, and he said that the total cost for the allowances...would come to about 12.5 million.
Linyama: 12 million kwacha?
Mboyi: Yes, my lord.
Yes, my lord then Honourable Siliya said that he would advance the council the sum of K12.5 million, my lord, on condition that she is paid back when we receive the CDF.
Linyama: Did you agree...?
Mboyi: Yes, my lord, because we had a problem of water shortage. During that meeting, she said she can advance the council at that time K6 million, my lord.
Linyama: Did she advance the K6 million?
Mboyi: Yes, my lord she did.
Linyama: When was this money paid to you?
Mboyi: At the filling station, my lord.
Linyama: After the meeting?
Mboyi: After the meeting we went to see the site for the boreholes, my lord. So on our way at the filling station she was rushing to Lusaka that is when she gave me the K6 million, my lord.
Linyama: When receiving this K6 million, did you issue the Honourable minister with any receipt?
Mboyi: I signed on a piece of paper, my lord, acknowledging receipt.
Judge Chitengi: Did you issue a receipt? We are talking about an official receipt?
Linyama: Did you acknowledge receipt of these funds on any document?
Mboyi: Yes, my lord. I signed on a piece of paper.
Linyama: If the witness could be shown P52? Is that the copy of the document that you signed on?
Mboyi: Yes, my lord.
Linyama: Please read to the tribunal?
Mboyi reads the piece of paper where he was acknowledging receipt of the money from Siliya.
Judge Chitengi: Did you put your official designation there?
Mboyi: No, my lord.
Linyama: Please tell the tribunal, after you received the funds?
Mboyi: I consulted with my treasurer. His names are Mr Makota Zulu, my lord, on how best we could administer the funds in terms of receipting. Then I was advised that it is better we spend the money as intended. Then after getting the goods and the minister claims we would refund. On the 6th of November, my lord, I paid the drilling crew, my lord, the allowances.
Linyama: Confirm where they were drilling?
Mboyi: From Tasala two, my lord, and Show Grounds.
Linyama: How much did you pay the drilling crew?
Mboyi: I paid for Tasala two, K2,260,000 and for Show Grounds I paid them K2,260, 000, my lord taking the total to K4, 520, 000, my lord.
Linyama: How were the payments made to the drilling crew?
Mboyi: It was cash payment, my lord.
Linyama: Your payment of this money, was there any document that was executed?
Mboyi: Yes, my lord.
Linyama: Tell the tribunal what this document was and how it was executed?
Mboyi: There was an acquittal sheet that was prepared, my lord. It shows the names of the persons who received the funds, my lord.
Linyama: What else?
Mboyi: Their signatures, my lord and the date when they received the money, my lord.
Linyama: I am referring the witness to copies of the acquittal sheets dated 6 November 2008. There are two acquittal sheets. Confirm to the tribunal if those are the acquittal sheets you were referring to?
Mboyi: Yes, these are the ones, my lord.
Linyama: My lord if it could be marked? Do you want to produce them?
Where did you get these from?
Mboyi: After paying the allowances they were kept in the council registry, my lord, and I made copies of the same.
Linyama: So you have these documents in your possession?
Mboyi: Yes, my lord.
Linyama: Do you want to produce these documents as part of your evidence to this tribunal?
Mboyi: Yes, my lord.
Judge Chirwa: State Counsel Mutale?
Mutale: No objection.
Judge Chirwa: Mr Mwitwa?
Mwitwa: No objection, my lord.
Judge Chirwa: P63.
Linyama: Most obliged...what else happened with regard to the matter?
Mboyi: With the balance from the K6 million that I was given I kept it in my custody, my lord. On the 8th of November I was in Lusaka. I called the Honourable minister reminding her of the balance she had promised. She told me to meet her at Manda Hill and she gave me the balance of K6.5 million.
Judge Chirwa: You went there?
Mboyi: Yes, my lord.
Judge Chitengi: And you met her?
Mboyi: Yes, my lord.
Linyama: Confirm that you collected the money?
Mboyi: Yes, my lord.
Linyama: Did you sign any document where you are acknowledging receipt of the funds?
Mboyi: Yes, my lord.
Linyama: If the witness could be shown P53? Is that the document you told the tribunal you signed?
Mboyi: Yes, my lord.
Linyama: Read to the tribunal?
Mboyi: I Boyd Mboyi, council secretary Petauke District Council do hereby receive the sum of K6.5 million for the purchase of hand pumps for Tasala two and Show Grounds...
Linyama: Can you confirm that for that document you put your designation as council secretary for the Petauke Council?
Mboyi: Yes, my lord.
Linyama: What did you do then?
Mboyi: I proceeded to buy the pumps. As it was a weekend, my lord, it was on a Saturday, my lord, I went back to Petauke, my lord.
Linyama: You arrived in Petauke, what happened?
Mboyi: On the 14th of November, I travelled to Lusaka, my lord.
Linyama: How did you travel to Lusaka?
Mboyi: I used my official vehicle, my lord.
Linyama: Were you paid by the council for fuel for your official vehicle for your trip?
Mboyi: No, my lord.
Linyama: Explain to the tribunal how the fuel cost was met?
Mboyi: I was using to purchase...
Linyama: Understand the question. Why didn't you get money from the council for fuel?
Mboyi: The purpose of the trip was for the purchase of the pumps.
Judge Chirwa: On behalf of the council. Why didn't the council pay for the fuel?
Mboyi: We did not have funds, my lord.
Linyama: From, which filling station, explain to the tribunal do not leave it hanging?
Mboyi: My lord, the fuel was purchased from I.M.Y Filling Station.
Linyama: Were you given a receipt upon purchase of the fuel?
Mboyi: Yes, my lord.
Linyama: What is the registration number on your official vehicle?
Mboyi: PDC 2.
Linyama: What do those abbreviations PDC mean?
Mboyi: Petauke District Council, my lord.
Linyama: I want to refer the witness to a receipt dated 14 November 2008 from I. M. Y Filling Station. Where was that receipt?
Mboyi: The receipt was in my custody.
Linyama: You have told the tribunal that it was in your custody, where did you get that receipt from?
Mboyi: I made photocopies, my lord, for the council.
Judge Chitengi: For the council records.
Linyama: Would you want to produce that receipt as part of your evidence?
Mboyi: Yes, my lord.
Judge Chirwa: State Counsel Mutale?
Mutale: No objection.
Judge Chirwa: Mr Mwitwa?
Mwitwa: None, my lord.
Judge Chirwa: Receipt of 14 November 2008 is marked P65.
Linyama: You travelled to Lusaka from Petauke...
Judge Chitengi: What is the value of that receipt?
Mboyi: K470, 000, my lord.
Judge Chitengi: K470, 000?
Linyama: You travelled to Lusaka what transpired then?
Mboyi: On the 15th of November I went to Saro, my lord and purchased the two hand pumps sets.
Linyama: Were you issued with an invoice?
Mboyi: Yes, my lord.
Linyama: In whose name was the invoice?
Mboyi: Petauke District Council, my lord.
Linyama: Please show the witness P27? Mr Mboyi what document is before you?
Mboyi: It is a copy of the tax invoice from Saro Agri Equipment, my lord.
Linyama: Tell the tribunal the date?
Mboyi: 15 November 2008, my lord.
Linyama: In whose name is it raised?
Mboyi: Petauke Council.
Linyama: For the attention of who?
Mboyi: Council secretary, my lord.
Linyama: What is the amount on the invoice?
Mboyi: The total amount is K5, 964, 000.
Linyama: Did you sign anywhere on that document?
Mboyi: Yes, my lord.
Linyama: When you were signing the tax invoice, what were you signing for and in what capacity?
Mboyi: I was signing for the two hand pump sets...
Linyama: It is your evidence that you were receiving the two hand pumps on behalf of the council?
Mboyi: Yes, my lord.
Linyama: Did you collect the hand pumps yourself?
Mboyi: No, my lord.
Linyama: Please explain to the tribunal, who collected the two hand pumps?
Mboyi: I left instructions...
Judge Chirwa: Who collected?
Mboyi: The council hand man, my lord.
Judge Chitengi: Date?
Mboyi: On the 15th of November, my lord.
Linyama: The council hand man was already in Lusaka?
Mboyi: Yes, my lord.
Linyama: The hand man came on his own?
Mboyi: He came with the council driver, my lord.
Judge Chirwa: You signed that invoice acknowledging receipt of the pumps and you left or you carried them?
Mboyi: We went to where they store the hand pumps that is where we collected them, my lord.
Judge Chirwa: With the council hand man?
Judge Chitengi: So you collected them?
Linyama: Upon collecting the hand pumps, were you given any document?
Mboyi: We were given a delivery note, my lord.
Linyama: Did you sign on the delivery note?
Mboyi: No, my lord.
Linyama: Tell the tribunal?
Mboyi: Amon Mumba, my lord, the council hand man signed on the delivery note.
Linyama: I am showing the witness a document; a delivery note of 15 November 2008. Mr Mboyi what document have you been shown?
Mboyi: It is a...delivery note, my lord.
Linyama: What is written on the heading?
Mboyi: Saro Agric addressed to Petauke District Council, my lord.
Linyama: Please read what is being described, as being collected?
Mboyi: Quantity two...hand pumps India Mark II complete 30 metres...with chamber.
Linyama: Who executed that document?
Mboyi: The goods were collected by Amon Mumba on 15th of November 2008.
Linyama: Is there a registration number of a vehicle?
Mboyi: GRZ 999 CA, my lord.
Linyama: Would you know the owner of that vehicle?
Mboyi: Yes, my lord Petauke District Council.
Linyama: Where was that document, Mr Mboyi?
Mboyi: It was in the council, my lord.
Linyama: How did you obtain it?
Mboyi: I made a photocopy, my lord.
Linyama: Would you know when you made that copy?
Mboyi: Sometime when I just heard of the allegation, my lord.
Linyama: So all this time you had possession of the document?
Mboyi: Yes, my lord.
Linyama: Do you wish to produce it as part of your evidence in the tribunal?
Mutale: No objection.
Mwitwa: That is the position as well.
Judge Chirwa: Marked P65.
Linyama: The vehicle that collected the goods was GRZ 999 CA, would you know if Petauke Council paid for the fuel?
Mboyi: No, my lord.
Linyama: Who paid the fuel costs for the vehicle that collected the pumps?
Mboyi: The balance, my lord, from the K6 million was used to purchase fuel for the vehicle coming from Petauke to Lusaka, my lord.
Linyama: And when the vehicle was going back to Petauke, who paid for the fuel?
Mboyi: We used the same money that was advanced to us by Honourable Siliya.
Linyama: Would you know if there were receipts issued for both trips?
Mboyi: Yes, my lord.
Linyama: I am referring the witness to the document...did you see this document?
Mboyi: Yes, my lord.
Linyama: Explain to the tribunal what document you have been shown?
Mboyi: These are tax invoices.
Linyama: Look at the documents.
B From Petauke it is Petauke Service Station, vehicle number GRZ 999 CA dated 15 November 2008, amount is K519, 025.00. My lord, second invoice Odys Works Filling Station Lusaka, vehicle number GRZ 999 CA dated 15 November 2008, amount K472, 000.
Linyama: What transpired after the pumps have been collected?
Having seen those receipts have you had them in your possession?
Mboyi: Yes, I made copies, my lord.
Linyama: Would you like to produce the two receipts as part of your evidence?
Mboyi: Yes, my lord.
Mutale: No objection, my lord.
Mwitwa: No objection, my lord.
Judge Chirwa: Marked P66.
Linyama: You mentioned to the tribunal that there were two other council officials who collected the hand pumps?
Mboyi: Yes, my lord.
Linyama: What is the name of the driver?
Mboyi: Wilson Mwanza, my lord.
Linyama: Do you know whether Mr Mwanza or Mr Mumba were paid allowances for the trip?
Mboyi: Yes, my lord. They were paid from the same money that we received from Honourable Siliya. My lord.
Linyama: How much were they paid?
Mboyi: 275, 000, my lord each.
Linyama: How did you know that these payments had been made?
Mboyi: They signed for them, my lord.
Linyama: And can you confirm that you had sight of these documents where they signed?
Mboyi: Yes, my lord.
Linyama: My lord I am referring the witness to this document where they signed? What are those two documents?
Mboyi: Payment schedules, my lord.
Linyama: Are these the documents that you earlier told the tribunal you know?
Mboyi: Yes, my lord.
Linyama: Please tell the tribunal what you saw on the two documents?
Mboyi reads.
Linyama: You can proceed to tell the tribunal what happened there after? Please tell the tribunal the date on that document?
Mboyi: 14 November 2008.
Linyama: And you have had possession of the two documents?
Mboyi: Yes, my lord.
Linyama: Do you wish to produce the two documents as part of your evidence to this tribunal?
Mboyi: Yes, my lord.
Mutale: No objection.
Mwitwa: No objection, my lord.
Judge Chirwa: Marked P67.
Linyama: Now you can explain clearly what happened...
Judge Chitengi interjects and says the amounts that Mboyi had been outlining were more than K12.5 million but calculations revealed that it was K12, 495, 025.
Judge Chirwa: K5, 000 is unaccounted from the minister's advance?
Linyama: You have heard the tribunal ask to say there was K5, 000 that was not accounted for?
Mboyi: When we added up the expenditure...
Linyama: Explain to the tribunal what happened with respect to the sinking of the boreholes?
Labels: DORA SILIYA, PETAUKE
posted by MrK @ 4:46 AM
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