Procuring of radars began before I became minister, Dora tells tribunal
Written by Maluba Jere and Mwala Kalaluka
Tuesday, April 07, 2009 3:53:47 PM
Continued from yesterday.
Silwamba: I intimidated to State Counsel Mutale this morning and he said he had no objection and Mr Mwitwa too.
Mutale: I can confirm that is the position, my lord.
Mwitwa: My lord, that is the position.
Judge Chirwa adjourned the sitting to Monday March 23, 2009.
On Monday, communications and transport minister Dora Siliya opens her defence at the on-going judge Dennis Chirwa tribunal that is probing her alleged corruption and abuse of authority of office. The lawyers representing the petitioners are Bonaventure Mutale, Wynter Kabimba, Willie Mubanga and Eddie Mwitwa. The defence lawyers are Eric Silwamba, Keith Mukata and Lubinda Linyama.
Judge Chirwa: Yes, State Counsel.
Silwamba: The respondent is ready my lord.
Judge Chirwa: She will be IW 1.
Silwamba: Yes.
Judge Chirwa: Swear her.
Siliya takes oath.
Silwamba: I had indicated that we were going to file a bundle of documents. I don't know if we will mark them individually or collectively.
Judge Chirwa: I think we identify them first.
Silwamba: With your permission my lord my client is not too well. I seek your permission if she can sit down?
Judge Chirwa: Yes.
Silwamba: Tell the tribunal your full names.
Siliya: My full names are Dora Siliya.
Silwamba: Age?
Siliya: I am 38 years old.
Silwamba: Residential address?
Siliya: I reside at House number 343, Independence Avenue.
Silwamba: Occupation?
Siliya: Currently, Minister of Communications and Transport.
Silwamba: You are also member of parliament for Petauke Central?
Siliya: Yes, my lord.
Silwamba: Tell the lordships when you were elected.
Siliya: In September 2006 as Petauke Central MP.
Silwamba: Is this the first time you were attempting elections in that particular constituency?
Siliya: No, my lord.
Silwamba: When did you first attempt?
Siliya: In 2001.
Silwamba: So you know the constituency fairly well?
Siliya: Yes, my lord.
Silwamba: Now, there is an allegation before this tribunal that you minister did cancel a tender for the procurement of radar equipment. You recall that allegation?
Siliya: I do my lord.
Silwamba: Now, tell their lordships when did you move to the Ministry of Communications and Transport
Siliya: February 2008 my lord.
Judge Chitengi: So, you don't want her to tell us what her reaction is to the allegation or you will do that later?
Silwamba: Later my lord. Honourable would you recall the date in February?
Siliya: If I am not mistaken my lord it’s 25th-26th February.
Silwamba: My lords, with your permission, I am showing the witness document number 1, in Volume 1.
Judge Chirwa: Yes.
Silwamba: Now, Ms Siliya you have seen that document.
Siliya: Yes, my lord.
Silwamba: Tell the lordships what that document is.
Siliya: Records of a meeting to consider Selex offer to supply radar equipment at Lusaka and Livingstone international airports held at National Airports Corporation board room on 15th February 2008 at 14:30 hours.
Judge Chirwa: Yes.
Silwamba: My lord...
Judge Chirwa: Mark it ID 1.
Silwamba: My lord, ID 1 was on the dossier. I do recall it should be ID3, my lord.
Judge Chirwa: Marked ID3 in Volume 1.
Silwamba: Most obliged. Ms Siliya, please read slowly.
Siliya: The document is headed record of meeting....[Siliya then lists the names of people who attended the said meeting].
Silwamba: Just pause. Those minutes indicate the people who were in attendance including Mr Msitala, Chishala and Sitali are of National Airports?
Siliya: Yes, they do my lord.
Silwamba: Just read the letter...purpose of the meeting.
Siliya: The meeting was called as a follow up to an earlier meeting held at the ministry headquarters at which Selex consultants briefed the minister on their findings in Lusaka on the air traffic control radar and their proposal to provide a new radar system for Lusaka and Livingstone International Airport. The main purpose of the meeting was
a) to discuss and analyse the offer
b) propose the way forward ...
Silwamba: I want you to read on page four of that document, the observations and recommendations.
Siliya reads the observations and recommendations in the document.
Silwamba: Just confirm to the lordships on 15th February you were not the minister being referred to. Were you?
Siliya: No, my lord I was not.
Silwamba: So are you telling the lordships and the tribunal that the process of procuring radars began before you became minister?
Siliya: Yes, my lord.
Silwamba: Would you like to produce ID3 as part of your evidence?
Siliya: Yes, my lord.
Judge Chirwa: I thought we agreed that the documents should be identified first and later...
Mutale: I thought I should raise a little query, perhaps the witness needs to say a bit more. The minutes clearly show that she was not minister so...
Judge Chitengi: Does the respondent know who the minister was?
Judge Chirwa: How she got the minutes...when you went to the ministry?
Silwamba: Did you have an occasion to study the file regarding the radar?
Siliya: Yes, that's how I came across these minutes.
Silwamba: You came across these minutes. Look at page five of volume one. Are you able to...Do you see that document there?
Siliya: Yes, my lord.
Silwamba: What is that document?
To page 14
From page 13
Siliya: The document is a letter, the reference number is MCT/103/1/05. It is a letter dated 25th February, 2008 and it is addressed to the minister of finance Honourable Magande.
Silwamba: Who is the author?
Siliya: My lord it is authored by Sara Sayifwanda, minister of communications and transport.
Silwamba: So, as at 25 February 2008, the minister responsible for communications and transport was Sara Sayifwanda?
Siliya: Yes, my lord.
Silwamba: My lord mark it ID4.
Judge Chirwa: Yes, please.
Silwamba: Most obliged. Ms Siliya, please read that letter.
Siliya reads the letter to Magande, which was a request for funding for radar equipment and indicated that the ministry had invited a supplier of radar equipment to come and assess the condition. The letter stated that the team recommended the installation of a new radar system at an estimated cost of Euro 13 million and that the ministry was requesting for more funds since the K600 million estimate in the 2008 budget was meant for the rehabilitation of the equipment which was not feasible.
Silwamba: You had an occasion to read that letter?
Siliya: Yes, my lord.
Silwamba: Just confirm to the lordships. This letter, when you look at page six, the three paragraphs, just read them again.
Siliya reads the paragraphs in question.
Silwamba: So, that letter confirms that there was a budget for the rehabilitation?
Siliya: Yes, my lord it does confirm.
Silwamba: That letter also says Selex is the supplier of equipment?
Siliya: Yes, indeed my lord it does.
Silwamba: My lord, with your permission, I am showing the witness the document on page seven on volume one. What is the reference number?
Siliya: My lord the reference number is MCT/103/1/5.
Silwamba: Compare with the one on page five.
Siliya: My lord, they are the same.
Silwamba: What is the date on that document?
Siliya: 14th March 2008.
Silwamba: Addressee?
Siliya: My lord, the letter is addressed to Evans Chibiliti, Secretary to the Treasury, Ministry of Finance and National Planning.
Silwamba: And who is the author?
Siliya: It is signed by Mukuka Zimba the permanent secretary.
Silwamba: Is it copied to anybody?
Siliya: It is copied to Honourable Magande and Dora Siliya Minister of Communications and Transport.
Silwamba: Please read the letter to their lordships [Siliya reads the letter].
Silwamba: Did you receive a copy of that letter?
Siliya: Yes, I did my lord.
Silwamba: I want you to compare ID4 and ID5.
Siliya: My lord, ID4 is letter written by Sara Sayifwanda and ID5 is written by Mukuka Zimba.
Silwamba: The question was compare ID4 and ID5 minister.
Siliya: Apart from the differences in the dates, addressees and authors, everything is the same.
Silwamba: Everything is the same?
Siliya: Yes, my lord.
Judge Chitengi: In fact, in the academic world, it would be plagiarism?
Siliya: Yes, my lord.
Silwamba: Is ID4 copied to anybody?
Siliya: No, my lord.
Silwamba: But ID5 is copied to Honourable Magande and yourself?
Siliya: Yes, my lord.
Silwamba: With your leave my lords, I am showing the witness ID5 of Volume one. Are you able to see the reference number there?
Siliya: Yes, my lord.
Silwamba: What is it?
Siliya: MCT/103/1/5C.
Silwamba: The date?
Siliya: 10th April, 2008.
Silwamba: Who is the addressee?
Siliya: Evans Chibiliti Secretary to the Treasury, Ministry of Finance and National Planning, Lusaka.
Silwamba: Who is the author?
Siliya: Mukuka Zimba permanent secretary Ministry of Communications and Transport.
Judge Chirwa: Mark it ID6.
Silwamba: Most obliged. Please read the letter marked ID6.
Siliya reads the document to the tribunal.
Silwamba: You confirm that on 10th April 2008, you were minister?
Siliya: Yes, indeed my lord I was.
Silwamba: Were you shown a copy of this letter?
Siliya: I do recall discussing the matter with the permanent secretary, I think I was.
Silwamba: Did you subsequently read that letter?
Siliya: Yes, my lord.
Silwamba: My lords I am showing the witness a document at page 10 in Volume one.
Siliya: Who is the addressee?
Siliya: The permanent secretary Minister of Communications and Transport.
Silwamba: Date?
Siliya: 23rd April, 2008.
Silwamba: The author?
Siliya: C Evans Chibiliti, Secretary to the Treasury Ministry of Finance and National Planning.
Silwamba: Is that letter copied to anybody?
Siliya: Yes, my lord, it is copied to the permanent secretary DEA Ministry of Finance and National Planning, the permanent secretary defence Lusaka, director general Zambia National Tender Board Lusaka.
Judge Chirwa: We mark that one ID7.
Silwamba: Please read the subject for ID7.
Siliya reads the document.
Silwamba: Now, look at page nine of the letter, it is replying to what letter?
Siliya: It was in response to a letter dated 13 March and April 10 on the same matter.
Silwamba: Were you briefed on the contents of that letter?
Siliya: Yes, indeed my lord I did.
Silwamba: Did the Treasury indicate to the ministry how much they were reserving for the procurement of equipment?
Siliya: There was no actual reference but supported in principle...
Judge Chitengi: Answer the question.
Siliya: No, they didn't indicate.
Silwamba: But they supported the acquisition in principle?
Siliya: Yes, my lord.
Silwamba: With your leave, I am showing the document at page 12 of Volume one. Have you seen that document Ms Siliya?
Siliya: Yes, my lord.
Silwamba: What is the reference number?
Siliya: MCT/1/3/2C.
Silwamba: Addressee?
Siliya: The letter my lord is addressed to the director general, Zambia National Tender Board, Lusaka.
Silwamba: The author?
Siliya: It is signed by Dr E Mambwe permanent secretary Ministry of Communications and Transport.
Silwamba: Copied to?
Siliya: Honourable Dora Siliya MP minister of communications and transport Lusaka.
Judge Chirwa: Exhibit ID8.
Silwamba: Ms Siliya please read the contents of that letter.
Siliya reads the letter whose subject is the purchase of radar equipment for Lusaka and Livingstone international airports.
Silwamba: Now, I want you to look at page 21 of Volume one. Have you seen that document?
Siliya: Yes, I have.
Silwamba: What is the date?
Siliya: 13th May, 2008.
Silwamba: What is the reference number?
Siliya: MCT/1/3/2C.
Silwamba: The addressee and author?
Siliya: My lord, it is addressed to the director general ZNTB Lusaka the author is E Mambwe permanent secretary ministry of communications and transport.
Silwamba: Copied to?
Siliya: Honourable Dora Siliya, MP, Minister of Communications and Transport, Lusaka.
Silwamba: My lord, may the document be marked.
Judge Chirwa: ID9
Silwamba: Now read ID9 page 21
Siliya reads the document.
Silwamba: Can you compare ID8 and ID9.
Siliya: My lord, the documents seem the same...the other one is on a letterhead while the other one is not but the contents are the same.
Silwamba: The contents are the same?
Siliya: Yes, my lord.
Silwamba: That was a letter copied to you?
Siliya: Yes, indeed my lord.
Silwamba: Look at page three of ID9, the letter copied to you just read it again.
Siliya reads a letter to the tribunal.
Silwamba: So, Dr Mambwe is advising the tender board and also informing you that only one firm ...regarded?
Siliya: According to this letter yes, my lord.
Silwamba: In that letter in paragraph five, read to the lordships [Siliya reads that paragraph].
Silwamba: Does he indicate how much money the treasury has give for the purchase of radars?
Siliya: No, my lord.
Silwamba: Now, this tribunal is interested to know what role you played as minister in this process. So, look at page 20 of Volume one. Have you seen that document?
Siliya: Yes, I have.
Silwamba: What is that document?
Siliya: It is a letter addressed to the director general Zambia National Tender Board.
Silwamba: Is that letter dated?
Siliya: No, my lord.
Silwamba: There is a stamp of your office there?
Siliya: Yes, my lord.
Silwamba: What is the date of that stamp?
Siliya: 13th November 2008
Silwamba: Who is the author?
Siliya: My lord, it is only signed concerned taxpayer.
Silwamba: It is copied to?
Siliya: My lord, the letter is copied to the minister of communications and transport and the Anti Corruption Commission.
Silwamba: What is the subject matter?
Siliya: Tender no. TB/ORD/045/08/ZATM-RADAR.
Judge Chirwa: Yes, marked ID10.
Silwamba: Most obliged my lord. Ms Siliya, did you receive that letter?
Siliya: Yes, indeed my lord.
Silwamba: Please read the typed contents to the honourable tribunal.
And Siliya reads the concerns of the concerned taxpayer.
Silwamba: Upon receipt of that anonymous letter, what did you do as minister?
Siliya: My lord, my immediate reaction was to bring the matter to the attention of the permanent secretary and the director of procurement.
Silwamba: How did you communicate your instructions?
Siliya: I wrote an internal memo on the same letter to the permanent secretary and the procurement department.
Silwamba: Are you able to read what your instructions were?
Siliya: Yes, I wrote...please update me on this and who is the source of this letter.
Judge Chirwa: On 17th November?
Silwamba: The letter reached your office on 13th November and you dealt with it on 17th November. Is there anything else on that letter?
Siliya: Yes, another internal memo to Mr Mukupa the head of procurement signed by the permanent secretary.
Silwamba: Are you able to see the date?
Siliya: 24th November 2008.
Silwamba: Just read that memo to their lordships.
Siliya then reads to the tribunal.
Silwamba: So, the permanent secretary is saying it is a serious matter and requests a report, failure to which he will re-advertise the tender?
Siliya: Yes, my lord.
Silwamba: Now, look at page 33 of Volume One. My lord it's a long report maybe we can break at this stage.
Judge Chirwa: We take our usual 15 minutes break.
After the break the tribunal resumes sitting.
Judge Chirwa: Yes, State Counsel you were showing the witness a document.
Silwamba: With your permission, before I come to that page. Ms Siliya, you have read ID10 the document on page 20 in volume one. Apart from the written instruction, did you invite them to discuss the matter with you?
Siliya: Yes, indeed my lord.
Judge Chitengi: Who are they?
Silwamba: The permanent secretary and the head of procurement. Please tell their lordships their names.
Siliya: The permanent secretary is Dr E Mambwe and the head of procurement is Mr Mukupa.
Silwamba: Explain to the lordships what transpired.
Siliya: When I read the letter, I called for the permanent secretary and the secretary informed me that he was out of the country, if I recall, and then I called for Mr Mukupa. I showed him this letter and told him I was quite concerned and my concern was because I had been receiving a lot of information from within the ministry that they felt there was something going on as far as the radar tender was concerned.
Silwamba: At this stage, were you minister actively involved in that process, the tribunal would like to know?
Siliya: Not at all my lord. I specifically asked Mr Mukupa on the accusations in the letter... Mr Mukupa actually expressed shock that somebody knew about this certificate which he said to me that it had just been delivered to his office, if I recall, the previous day. And again I told him that people within the ministry had been coming to my office to make allegations pertaining to the tender of the radar and that how this letter from the concerned taxpayer was confirming to me as the minister that certain people felt that there was something wrong whether true or not. I explained to him that I was going to meet with the director general to whom the letter was addressed to so that we could discuss this letter and maybe find out who actually sent this letter to the tender board.
Silwamba: Did you meet with Dr Mambwe to discuss this letter?
Siliya: No, my lord.
Silwamba: Why not?
Siliya: As I said at the time it happened, I was not aware that he had travelled and when he came back he was either not always around or not in the office. I did make an effort to try and meet with him because I took this matter very serious but on one or two occasions he was either out of town or the country but he never got back to me.
Silwamba: But you met with Mr Mukupa?
Siliya: Yes, I did meet with Mr Mukupa.
Silwamba: What about the addressee, did you find out whether he had a record...
Siliya: Yes, my lord. I invited Mr Kapitolo towards the end of November 2008 and he did come to my office.
Silwamba: You told their lordships that you had done something before. So this was not the first time?
Siliya: No, my lord, I had met him over the e-governance tender and Mchinji Rail line construction tender.
Silwamba: So, regarding that letter, did Mr Kapitolo come to your office?
Siliya: Yes, my lord, he came to my office.
Silwamba: Tell the lordships what transpired.
Siliya: My lord, I told Mr Kapitolo in our meeting that I was concerned about this letter and my concern was as a result of the experience in history...we have had in the ministry particularly regarding e-governance tender and also various information I kept receiving in my office relating to the radar and accusations on the permanent secretary Dr Mambwe. I informed Mr Kapitolo that our ministry had for a long time been perceived as corrupt because of the information that I was receiving and so it was important that we provide confidence in the process as far as the radar tender was concerned and especially because of our experience with the e-governance tender. I informed Mr Kapitolo that I will be directing the permanent secretary and the procurement department to hold on or suspend the process until we established why there were a lot of people within the ministry feeling very uncomfortable about the process and the letter from him was the last straw on the camel's back.
Silwamba: What was his reaction?
Siliya: He was not averse to my suggestion and that's how we ended the meeting. I followed up with a letter addressed to Mr Kapitolo director general ZNTB then.
Judge Chirwa: Just clarify. All this was at a meeting, or before the meeting?
Siliya: At the meeting my lord.
Silwamba: We want to understand more on e-governance, go to page 125 of volume one. My lord, I will be showing the witness four short letters which I'll ask to be marked collectively. What is the date on the first one?
Siliya: 20th March, 2007.
Silwamba: Addressed to who and who is the author?
Siliya: The permanent secretary Ministry of Communications and Transport and the author is D Kapitolo director general ZNTB.
Silwamba: Copied to?
Siliya: Myself.
Silwamba: Just read that letter [Siliya reads the letter to the tribunal].
Silwamba: So, the tender authority was asking the ministry to re-evaluate that tender?
Siliya: Yes, my lord.
Silwamba: And in his letter Mr Kapitolo to the permanent secretary copied the letter to you?
Siliya: Yes, my lord.
Silwamba: Go to page 126. What is the date?
Siliya: 9th April, 2008.
Silwamba: The addressee?
Siliya: The director general ZNTB.
Silwamba: The author is?
Siliya: Mukuka Zimba, permanent secretary, Ministry of Communications and Transport, Lusaka.
Silwamba: Copied to?
Siliya: Myself.
Silwamba: Please read that letter.
Siliya reads the letter on the evaluation of the e-governance tender to the tribunal.
Silwamba: The date?
Siliya: 21 April, 2008. Authored by Muya, board secretary ZNTB. The subject matter is the e-governance tender...
Silwamba: Yes, witness go to page 128. What is that document?
Siliya: Internal memo from the permanent secretary to the minister's office.
Silwamba: The date?
Siliya: It is dated 24th April, 2008.
Silwamba: Addressee?
Siliya: It is addressed to D Siliya from the permanent secretary and the reference number is MCT/71/3/2C. The subject is the expression of interest for e-governance project.
Silwamba: Please read.
Siliya reads the internal memo before the tribunal.
Silwamba: Lastly, look at page 129. What is the date?
Siliya: 13th January, 2009.
Silwamba: Please tell their lordships the author and the addressee.
Siliya: E Mambwe permanent secretary Ministry of Communications and Transport authored by F K Muya the board secretary Zambia Public Procurement Authority (ZPPA).
Silwamba: Please read that letter.
Silwamba: I now ask that they be marked collectively my lords.
Judge Chirwa: The documents are marked ID11.
Silwamba: Now, we have seen the documents regarding the e-governance, which was cancelled. Explain briefly.
Siliya: I was approached by one State House official that there was a tender and a certain company had not been shortlisted and that we as a ministry consider this company that was not shortlisted...
Silwamba: When you say shortlisted, was there a tender?
Siliya: I was not aware.
Silwamba: The tribunal would like to know.
Siliya: I was not aware I had just reported to the ministry... and I was told by this official that he wanted the ministry to consider this company and my lord, I responded that I had just reported. The following day, I called the permanent secretary to inquire about this tender... In the company of the director of planning, they told me that they too had been experiencing the same pressure from this gentleman and at that meeting, I learnt that in February or March 2008 and at that meeting they told me that he told them on phone that he had already spoken to the tender board. I asked to look at the shortlisted companies, and there were six companies if I recall, and indeed the company in question was not on the shortlist. We agreed at that meeting that we are going to ignore the gentleman.
Silwamba: Did you ignore?
Siliya: We did and then we received a letter from the tender board on 20th March.
Judge Chitengi: Mr Silwamba, we are not supposed to know this company and the gentleman?
Silwamba: With your indulgence my lord, no.
Silwamba then tells the tribunal that perhaps that could be done in camera.
Judge Chirwa: Suppose we want to know them?
At this point one of the petitioners' lawyers Bonaventure Mutale interjects and says "Shouldn't the witness be encouraged to be, a bit factual in her evidence? I don't know why my brother has to have it in camera."
Judge Chirwa then says that it was on certain conditions, evidence could be adduced in camera.
Silwamba: Obliged my lord.
Siliya: On 20th March, I received a letter addressed to the permanent secretary from ZNTB signed by Mr Kapitolo the director general informing the minister that a wrong procedure had been followed and that a wrong sourcing procedure had been followed to evaluate the bids and that he was asking the ministry to revaluate.
Silwamba: First you ignore, then you receive a letter from the tender board telling you that the selection was wrong?
Siliya: Yes, my lord.
Judge Chirwa: Yes.
Silwamba: Proceed.
Siliya: My ministry through the permanent secretary's office responded positively to this request and over the second revaluation...results came out. We met at the ministry and realised that the first six companies shortlisted in the second evaluation if I recall correctly the company that was number one was number six and the company that had not been shortlisted was now number one.
Silwamba: To be factual, do you remember the company?
Siliya: ZTE.
Silwamba: What was your reaction?
Siliya: We agreed that we request the tender board.
Silwamba: Had you heard this name before?
Siliya: From the initial meeting with the gentleman from State House who was asking that we consider a gentleman from ZTE and from within my ministry, I had heard that ZTE literally lived at the ministry because they were always visiting officers from the ministry. I was aware that the company that first listed were always competing for projects in the ministry. That I was made aware.
Silwamba: Who made you aware?
Siliya: The permanent secretary, directors.
Silwamba: Did this include the director of procurement?
Siliya: Yes, indeed my lord. In fact at a meeting where we agreed to cancel, there was the permanent secretary [Mukuka Zimba], the director of planning and the director procurements. And at this meeting, I recall the director of procurement telling us that two companies ZTE and Hua Wie...
Silwamba: Both are Chinese companies?
Siliya: Yes, my lord.
Silwamba: Just confirm, did Mr Mukupa have a role in e-governance?
Siliya: He provided the shortlistings at the meeting in my office and informed us about the competition.
Silwamba: What did you do after shortlisting?
Siliya: We proposed that we write to the tender board...
Silwamba: Were you requesting for the cancellation?
Siliya: We did in a letter on 9th April, 2008 to the director general ZNTB from the permanent secretary's office.
Silwamba: What was the response of the tender board?
Siliya: My lord, the response was positive.
Silwamba: So, for the second time this tender was cancelled?
Siliya: That is correct, my lord.
Silwamba: So, is this the experience you were referring to when you told the tribunal that with the experience from the e-governance tender?
Siliya: Yes, my lord.
Silwamba: When you met Mr Kapitolo, did you remind him of e-governance?
Siliya: Yes, my lord, I made reference to it.
Silwamba: Are you telling their lordships that you only got involved when there was undue influence?
Siliya: Yes, my lord.
Silwamba: For this tribunal, the concern is on the radar. Did you receive a written report?
Siliya: Yes, indeed it was authored by the director of procurement.
Silwamba: In the light of the document on page 20 which is ID10?
Siliya: Yes, my lord.
Silwamba: Just look at page 33. You recognize that document?
Siliya: I do, my lord.
Silwamba: What do you have to say, the document is a report prepared by Mr Mukupa on the tender of radar dated 26 November, 2008? The memo from the permanent secretary is dated 24th November 2008.
Siliya: Indeed my lord.
Silwamba: The report is fairly short four pages, please read to their lordships.
Siliya then reads the report before the tribunal.
Judge Chirwa: The document is marked ID 12
Silwamba: Most obliged my lord. What is the date?
Siliya: 26 November, 2008.
Silwamba: Please read to the honourable tribunal.
Siliya reads the documents.
Silwamba: Just confirm that the chief purchasing and supplies officer, do you know the name of that officer?0
Siliya: Yes, my lord. Mr Mukupa.
Silwamba: The officer confirmed that there was no contract with bidders?
Siliya: According to the report.
Silwamba: And the last paragraph 8.2.
Siliya reads the particular paragraph to the tribunal, which stated that the alleged rumors were baseless.
Silwamba: Do you know which rumours they are referring to?
Siliya: It must be the allegations in the letter by the concerned taxpayer
Silwamba: Please look at page 44 Volume one. Can you compare page 44 and P20.
Siliya: It is the same letter my lord.
Silwamba: I pray that page 44 be marked. So Ms Siliya, look at that document, you recognise it, P20?
Siliya: Yes, I do.
Silwamba: Date?
Siliya: My lord, the letter is dated 11 December, 2008.
Silwamba: Addressed to?
Siliya: D Kapitolo director general Zambia National Tender Board.
Silwamba: Copied to?
Siliya: It is copied to the permanent secretary Ministry of Communications and Transport, director procurement department ministry of communications and transport.
Silwamba: Please read that letter.
Siliya is made to read the letter.
Silwamba: Now, when you said, you intend to restore confidence in the process, weren't you happy with the process?
Siliya: No, the allegations in the anonymous letter were very specific and if you recall, I said earlier this morning that I invited Mr Mukupa to my office to discuss the allegations and he confirmed that one of the bidders had just delivered the authorisation certificate and was surprised how somebody would have know about that since it had just been delivered and yet in his report, he says there was no contract. And secondly my lord, there was a serious allegation against a very senior official in the ministry, the permanent secretary. I had felt the permanent secretary needed to exonerate himself. My lords, at this point, this was just a process and considering the amounts of monies involved, I felt that any perception of corruption in this matter or undue influence will not go away because before this letter I continued to get information from within the ministry volunteered to me by various officers.
Silwamba: When you wrote the letter on 11 December, were you aware that the tender had been awarded?
Siliya: Not at all my lord.
Silwamba: Please show the witness...
Judge Chirwa: In your letter to the director general ZNTB, you indicated that the ministry had identified one company already?
Siliya: As soon as I went to the ministry in February 2008, the issues of radars came up in Parliament and at that point from the records, the ministry had identified an Italian company to provide the tender. Reference to that was made this morning by Sara Sayifwanda ID4 page five.
Silwamba: Can you refer to that letter?
Siliya: The name of the company was Selex. As stated by the minister, there had been a lot of concern over the lack of radar at the airports and based on that, gave a statement in Parliament that the ministry had identified this particular supplier as advised by experts in the ministry and now discussing funding with the ministry of finance.
Silwamba: Their lordships would like you to confirm that does ID 4 identify the company?
Siliya: Yes, indeed my lord.
Silwamba: On that basis does not request for funding?
Siliya: Yes, it does my lord.
Silwamba: Is it your evidence that when addressing the National Assembly, you had in mind that letter by honourable Sayifwanda?
Siliya: Yes, my lord.
Silwamba: At that stage, I was referring the witness to P14. Is that letter dated 11th December?
To page 16
From page 15
Siliya: Yes, indeed my lord.
Silwamba: I would like you to look at page 42 of volume one. Have you seen that document?
Siliya: Yes, I have my lord.
Silwamba: Have you compared the two?
Siliya: Yes, they are the same letter.
Silwamba: Are the features the same on page one especially?
Siliya: My lord, P14 has no date stamp while the one in volume one has a date stamp.
Silwamba: I want you to look at P14. What is the date?
Siliya: The date my lord is 11th December, 2008.
Silwamba: Who is the addressee?
Siliya: The vice-president Thales Air Systems.
Silwamba: And the subject matter?
Siliya: Notification of Award of Contract.
Silwamba: Who is the author?
Siliya: Dr E Mambwe permanent secretary Ministry of Communications and Transport.
Silwamba: Is it copied to anybody?
Siliya: Yes, the Secretary to the Cabinet, the deputy Secretary to the Cabinet, Secretary to the Treasury, permanent secretary ministry of finance, Attorney General, director general ZNTB, director department of Civil Aviation and the managing director National Airports Corporation.
Silwamba: Now, is that letter copied to you?
Siliya: No, my lord.
Silwamba: Please read the contents of that letter.
Siliya then reads the letter of notification to Thales.
Silwamba: Did Dr Mambwe brief you about the existence of that letter of notification?
Siliya: No, my lord.
Judge Chitengi: Should you have been briefed?
Siliya: Yes, my lord.
Silwamba: Please look at page 10. You have seen that document?
Siliya: Yes, my lord.
Silwamba: Date?
Siliya: 6th January, 2009.
Silwamba: Addressed to who?
Siliya: E Mambwe permanent secretary.
Silwamba: Authored by?
Siliya: Myself.
Silwamba: I'll request for this document to be marked.
Judge Chirwa: This will be ID13.
Siliya: The document is a letter, the reference number is MCT/103/1/05. It is a letter dated 25th February, 2008 and it is addressed to the minister of finance Honourable Magande.
Silwamba: Who is the author?
Siliya: My lord it is authored by Sara Sayifwanda, minister of communications and transport.
Silwamba: So, as at 25 February 2008, the minister responsible for communications and transport was Sara Sayifwanda?
Siliya: Yes, my lord.
Silwamba: My lord mark it ID4.
Judge Chirwa: Yes, please.
Silwamba: Most obliged. Ms Siliya, please read that letter.
Siliya reads the letter to Magande, which was a request for funding for radar equipment and indicated that the ministry had invited a supplier of radar equipment to come and assess the condition. The letter stated that the team recommended the installation of a new radar system at an estimated cost of Euro 13 million and that the ministry was requesting for more funds since the K600 million estimate in the 2008 budget was meant for the rehabilitation of the equipment which was not feasible.
Silwamba: You had an occasion to read that letter?
Siliya: Yes, my lord.
Silwamba: Just confirm to the lordships. This letter, when you look at page six, the three paragraphs, just read them again.
Siliya reads the paragraphs in question.
Silwamba: So, that letter confirms that there was a budget for the rehabilitation?
Siliya: Yes, my lord it does confirm.
Silwamba: That letter also says Selex is the supplier of equipment?
Siliya: Yes, indeed my lord it does.
Silwamba: My lord, with your permission, I am showing the witness the document on page seven on volume one. What is the reference number?
Siliya: My lord the reference number is MCT/103/1/5.
Silwamba: Compare with the one on page five.
Siliya: My lord, they are the same.
Silwamba: What is the date on that document?
Siliya: 14th March 2008.
Silwamba: Addressee?
Siliya: My lord, the letter is addressed to Evans Chibiliti, Secretary to the Treasury, Ministry of Finance and National Planning.
Silwamba: And who is the author?
Siliya: It is signed by Mukuka Zimba the permanent secretary.
Silwamba: Is it copied to anybody?
Siliya: It is copied to Honourable Magande and Dora Siliya Minister of Communications and Transport.
Silwamba: Please read the letter to their lordships [Siliya reads the letter].
Silwamba: Did you receive a copy of that letter?
Siliya: Yes, I did my lord.
Silwamba: I want you to compare ID4 and ID5.
Siliya: My lord, ID4 is letter written by Sara Sayifwanda and ID5 is written by Mukuka Zimba.
Silwamba: The question was compare ID4 and ID5 minister.
Siliya: Apart from the differences in the dates, addressees and authors, everything is the same.
Silwamba: Everything is the same?
Siliya: Yes, my lord.
Judge Chitengi: In fact, in the academic world, it would be plagiarism?
Siliya: Yes, my lord.
Silwamba: Is ID4 copied to anybody?
Siliya: No, my lord.
Silwamba: But ID5 is copied to Honourable Magande and yourself?
Siliya: Yes, my lord.
Silwamba: With your leave my lords, I am showing the witness ID5 of Volume one. Are you able to see the reference number there?
Siliya: Yes, my lord.
Silwamba: What is it?
Siliya: MCT/103/1/5C.
Silwamba: The date?
Siliya: 10th April, 2008.
Silwamba: Who is the addressee?
Siliya: Evans Chibiliti Secretary to the Treasury, Ministry of Finance and National Planning, Lusaka.
Silwamba: Who is the author?
Siliya: Mukuka Zimba permanent secretary Ministry of Communications and Transport.
Judge Chirwa: Mark it ID6.
Silwamba: Most obliged. Please read the letter marked ID6.
Siliya reads the document to the tribunal.
Silwamba: You confirm that on 10th April 2008, you were minister?
Siliya: Yes, indeed my lord I was.
Silwamba: Were you shown a copy of this letter?
Siliya: I do recall discussing the matter with the permanent secretary, I think I was.
Silwamba: Did you subsequently read that letter?
Siliya: Yes, my lord.
Silwamba: My lords I am showing the witness a document at page 10 in Volume one.
Siliya: Who is the addressee?
Siliya: The permanent secretary Minister of Communications and Transport.
Silwamba: Date?
Siliya: 23rd April, 2008.
Silwamba: The author?
Siliya: C Evans Chibiliti, Secretary to the Treasury Ministry of Finance and National Planning.
Silwamba: Is that letter copied to anybody?
Siliya: Yes, my lord, it is copied to the permanent secretary DEA Ministry of Finance and National Planning, the permanent secretary defence Lusaka, director general Zambia National Tender Board Lusaka.
Judge Chirwa: We mark that one ID7.
Silwamba: Please read the subject for ID7.
Siliya reads the document.
Silwamba: Now, look at page nine of the letter, it is replying to what letter?
Siliya: It was in response to a letter dated 13 March and April 10 on the same matter.
Silwamba: Were you briefed on the contents of that letter?
Siliya: Yes, indeed my lord I did.
Silwamba: Did the Treasury indicate to the ministry how much they were reserving for the procurement of equipment?
Siliya: There was no actual reference but supported in principle...
Judge Chitengi: Answer the question.
Siliya: No, they didn't indicate.
Silwamba: But they supported the acquisition in principle?
Siliya: Yes, my lord.
Silwamba: With your leave, I am showing the document at page 12 of Volume one. Have you seen that document Ms Siliya?
Siliya: Yes, my lord.
Silwamba: What is the reference number?
Siliya: MCT/1/3/2C.
Silwamba: Addressee?
Siliya: The letter my lord is addressed to the director general, Zambia National Tender Board, Lusaka.
Silwamba: The author?
Siliya: It is signed by Dr E Mambwe permanent secretary Ministry of Communications and Transport.
Silwamba: Copied to?
Siliya: Honourable Dora Siliya MP minister of communications and transport Lusaka.
Judge Chirwa: Exhibit ID8.
Silwamba: Ms Siliya please read the contents of that letter.
Siliya reads the letter whose subject is the purchase of radar equipment for Lusaka and Livingstone international airports.
Silwamba: Now, I want you to look at page 21 of Volume one. Have you seen that document?
Siliya: Yes, I have.
Silwamba: What is the date?
Siliya: 13th May, 2008.
Silwamba: What is the reference number?
Siliya: MCT/1/3/2C.
Silwamba: The addressee and author?
Siliya: My lord, it is addressed to the director general ZNTB Lusaka the author is E Mambwe permanent secretary ministry of communications and transport.
Silwamba: Copied to?
Siliya: Honourable Dora Siliya, MP, Minister of Communications and Transport, Lusaka.
Silwamba: My lord, may the document be marked.
Judge Chirwa: ID9
Silwamba: Now read ID9 page 21
Siliya reads the document.
Silwamba: Can you compare ID8 and ID9.
Siliya: My lord, the documents seem the same...the other one is on a letterhead while the other one is not but the contents are the same.
Silwamba: The contents are the same?
Siliya: Yes, my lord.
Silwamba: That was a letter copied to you?
Siliya: Yes, indeed my lord.
Silwamba: Look at page three of ID9, the letter copied to you just read it again.
Siliya reads a letter to the tribunal.
Silwamba: So, Dr Mambwe is advising the tender board and also informing you that only one firm ...regarded?
Siliya: According to this letter yes, my lord.
Silwamba: In that letter in paragraph five, read to the lordships [Siliya reads that paragraph].
Silwamba: Does he indicate how much money the treasury has give for the purchase of radars?
Siliya: No, my lord.
Silwamba: Now, this tribunal is interested to know what role you played as minister in this process. So, look at page 20 of Volume one. Have you seen that document?
Siliya: Yes, I have.
Silwamba: What is that document?
Siliya: It is a letter addressed to the director general Zambia National Tender Board.
Silwamba: Is that letter dated?
Siliya: No, my lord.
Silwamba: There is a stamp of your office there?
Siliya: Yes, my lord.
Silwamba: What is the date of that stamp?
Siliya: 13th November 2008
Silwamba: Who is the author?
Siliya: My lord, it is only signed concerned taxpayer.
Silwamba: It is copied to?
Siliya: My lord, the letter is copied to the minister of communications and transport and the Anti Corruption Commission.
Silwamba: What is the subject matter?
Siliya: Tender no. TB/ORD/045/08/ZATM-RADAR.
Judge Chirwa: Yes, marked ID10.
Silwamba: Most obliged my lord. Ms Siliya, did you receive that letter?
Siliya: Yes, indeed my lord.
Silwamba: Please read the typed contents to the honourable tribunal.
And Siliya reads the concerns of the concerned taxpayer.
Silwamba: Upon receipt of that anonymous letter, what did you do as minister?
Siliya: My lord, my immediate reaction was to bring the matter to the attention of the permanent secretary and the director of procurement.
Silwamba: How did you communicate your instructions?
Siliya: I wrote an internal memo on the same letter to the permanent secretary and the procurement department.
Silwamba: Are you able to read what your instructions were?
Siliya: Yes, I wrote...please update me on this and who is the source of this letter.
Judge Chirwa: On 17th November?
Silwamba: The letter reached your office on 13th November and you dealt with it on 17th November. Is there anything else on that letter?
Siliya: Yes, another internal memo to Mr Mukupa the head of procurement signed by the permanent secretary.
Silwamba: Are you able to see the date?
Siliya: 24th November 2008.
Silwamba: Just read that memo to their lordships.
Siliya then reads to the tribunal.
Silwamba: So, the permanent secretary is saying it is a serious matter and requests a report, failure to which he will re-advertise the tender?
Siliya: Yes, my lord.
Silwamba: Now, look at page 33 of Volume One. My lord it's a long report maybe we can break at this stage.
Judge Chirwa: We take our usual 15 minutes break.
After the break the tribunal resumes sitting.
Judge Chirwa: Yes, State Counsel you were showing the witness a document.
Silwamba: With your permission, before I come to that page. Ms Siliya, you have read ID10 the document on page 20 in volume one. Apart from the written instruction, did you invite them to discuss the matter with you?
Siliya: Yes, indeed my lord.
Judge Chitengi: Who are they?
Silwamba: The permanent secretary and the head of procurement. Please tell their lordships their names.
Siliya: The permanent secretary is Dr E Mambwe and the head of procurement is Mr Mukupa.
Silwamba: Explain to the lordships what transpired.
Siliya: When I read the letter, I called for the permanent secretary and the secretary informed me that he was out of the country, if I recall, and then I called for Mr Mukupa. I showed him this letter and told him I was quite concerned and my concern was because I had been receiving a lot of information from within the ministry that they felt there was something going on as far as the radar tender was concerned.
Silwamba: At this stage, were you minister actively involved in that process, the tribunal would like to know?
Siliya: Not at all my lord. I specifically asked Mr Mukupa on the accusations in the letter... Mr Mukupa actually expressed shock that somebody knew about this certificate which he said to me that it had just been delivered to his office, if I recall, the previous day. And again I told him that people within the ministry had been coming to my office to make allegations pertaining to the tender of the radar and that how this letter from the concerned taxpayer was confirming to me as the minister that certain people felt that there was something wrong whether true or not. I explained to him that I was going to meet with the director general to whom the letter was addressed to so that we could discuss this letter and maybe find out who actually sent this letter to the tender board.
Silwamba: Did you meet with Dr Mambwe to discuss this letter?
Siliya: No, my lord.
Silwamba: Why not?
Siliya: As I said at the time it happened, I was not aware that he had travelled and when he came back he was either not always around or not in the office. I did make an effort to try and meet with him because I took this matter very serious but on one or two occasions he was either out of town or the country but he never got back to me.
Silwamba: But you met with Mr Mukupa?
Siliya: Yes, I did meet with Mr Mukupa.
Silwamba: What about the addressee, did you find out whether he had a record...
Siliya: Yes, my lord. I invited Mr Kapitolo towards the end of November 2008 and he did come to my office.
Silwamba: You told their lordships that you had done something before. So this was not the first time?
Siliya: No, my lord, I had met him over the e-governance tender and Mchinji Rail line construction tender.
Silwamba: So, regarding that letter, did Mr Kapitolo come to your office?
Siliya: Yes, my lord, he came to my office.
Silwamba: Tell the lordships what transpired.
Siliya: My lord, I told Mr Kapitolo in our meeting that I was concerned about this letter and my concern was as a result of the experience in history...we have had in the ministry particularly regarding e-governance tender and also various information I kept receiving in my office relating to the radar and accusations on the permanent secretary Dr Mambwe. I informed Mr Kapitolo that our ministry had for a long time been perceived as corrupt because of the information that I was receiving and so it was important that we provide confidence in the process as far as the radar tender was concerned and especially because of our experience with the e-governance tender. I informed Mr Kapitolo that I will be directing the permanent secretary and the procurement department to hold on or suspend the process until we established why there were a lot of people within the ministry feeling very uncomfortable about the process and the letter from him was the last straw on the camel's back.
Silwamba: What was his reaction?
Siliya: He was not averse to my suggestion and that's how we ended the meeting. I followed up with a letter addressed to Mr Kapitolo director general ZNTB then.
Judge Chirwa: Just clarify. All this was at a meeting, or before the meeting?
Siliya: At the meeting my lord.
Silwamba: We want to understand more on e-governance, go to page 125 of volume one. My lord, I will be showing the witness four short letters which I'll ask to be marked collectively. What is the date on the first one?
Siliya: 20th March, 2007.
Silwamba: Addressed to who and who is the author?
Siliya: The permanent secretary Ministry of Communications and Transport and the author is D Kapitolo director general ZNTB.
Silwamba: Copied to?
Siliya: Myself.
Silwamba: Just read that letter [Siliya reads the letter to the tribunal].
Silwamba: So, the tender authority was asking the ministry to re-evaluate that tender?
Siliya: Yes, my lord.
Silwamba: And in his letter Mr Kapitolo to the permanent secretary copied the letter to you?
Siliya: Yes, my lord.
Silwamba: Go to page 126. What is the date?
Siliya: 9th April, 2008.
Silwamba: The addressee?
Siliya: The director general ZNTB.
Silwamba: The author is?
Siliya: Mukuka Zimba, permanent secretary, Ministry of Communications and Transport, Lusaka.
Silwamba: Copied to?
Siliya: Myself.
Silwamba: Please read that letter.
Siliya reads the letter on the evaluation of the e-governance tender to the tribunal.
Silwamba: The date?
Siliya: 21 April, 2008. Authored by Muya, board secretary ZNTB. The subject matter is the e-governance tender...
Silwamba: Yes, witness go to page 128. What is that document?
Siliya: Internal memo from the permanent secretary to the minister's office.
Silwamba: The date?
Siliya: It is dated 24th
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