Monday, April 20, 2009

Rupiah should fire Siliya - Hichilema

Rupiah should fire Siliya - Hichilema
Written by Chiwoyu Sinyangwe in Lusaka and Mwila Chansa in Kitwe
Monday, April 20, 2009 4:49:44 PM

PRESIDENT Rupiah Banda should fire Dora Siliya because he has allowed taxpayers money to be wasted on the tribunal when appropriate action could have been taken by the Executive, UPND president Hakainde Hichilema has said.

And UPND Copperbelt chairman Elisha Matambo said The Post has been vindicated following the tribunal's finding that communications and transport minister Siliya breached the constitution in her engagement of RP Capital Partners Limited to valuate ZAMTEL's assets without following the legal opinion from the Attorney General's chambers.

Hichilema said it was not necessary to constitute the tribunal because the President could have made the right decision at the time the issue of RP Capital Partners was brought to the fore.

"The way the Zamtel matter was handled is reminiscent of a chief executive of the country who is not sure of what to do on matters like that. And normally, you are not sure of what to do when you have no clear vision as to how the country must be run," Hichilema said.

"This is why I am saying that it was unnecessary for the President to wait for the tribunal. The President should have taken immediate executive measures to relieve Dora of her position. Now that, the tribunal results are out at a greater cost to taxpayers, we expect the President to do the correct thing: that is to relieve the minister of her responsibility."

Hichilema wondered why President Banda waited for former transport and communications minister William Harrington to petition the Chief Justice to convene a tribunal to probe Siliya when Attorney General Mumba Malila had clearly stated that the minister disregarded legal advice.

He said Zambians expected President Banda to take action that suited Siliya's action in view of the tribunal's findings.

Hichilema regretted that Siliya's action would cost the country huge sums of money when most citizens were wallowing in extreme poverty.

"The important thing to say is that the tribunal became necessary because maybe the Executive failed to take the necessary action required when the accusations arose and especially that the accusations included advice from the Attorney General which was not complied with," Hichilema said.

"I had expected that the President would have taken action at that time. He didn't do that. The tribunal came eventually and indicated that in Zamtel case, the minister erred and I think that now that the results are out, it is important for the President to take action and the people of Zambia expects an action that is befitting the consequences of the minister not following procedures that would cost the taxpayer a lot of money. So, the President now has no choice but to act. But if I were in his shoes, I would have acted without waiting for the tribunal because the Attorney General's submissions were very clear at the beginning."

Hichilema said the ruling by the tribunal on the RP Capital Partners involving Siliya was just an isolated indicator of the increasing higher-office related corruption in the regime of President Banda.

He cited the attempted import of finished petroleum from Kenya and the irregularities surrounding the importation of genetically modified organism (GMO) maize as some of the indicators of increasing levels of high profile corruption.

Hichilema urged Zambians to realize that the message on which President Banda campaigned following late president Levy Mwanawasa's death was mere political rhetoric.

He observed that corruption related to higher office had increased in the country ever since President Banda assumed office.

"In the first place we must understand that the issue of whether President Banda was following the issue of legacy was a debatable one and what you have seen since he took office, this tribunal is only one. Several other issues, issues relating to maize importation, issues related to the petroleum tender that was mismanaged are all indications of the fact that corruption had increased since President Banda assumed office. At least corruption related to higher office," Hichilema said.

"And the issue of the legacy of the fight against corruption, at the rate President Banda is going is a lost cause. I don't think it is the cause that the President can justify that he is basically following the line. He is not following the line. But some of us knew that legacy issue was simply to deceive the Zambian voters. The government of Rupiah Banda is walking its own path, unfortunately the path that is worsening the corruption situation and we have already said in the past that corruption is a cancer that takes away resources that should go to the people of Zambia. And that is why we need to manage this country differently."

And Matambo said the tribunal had vindicated The Post that they were not in any way trying to be personal with Siliya.

"The Post's agenda was not personal or meant to tarnish anyone's name. The truth has come out that the Constitution was breached and this should serve as a warning to all ministers that no one is above the law," Matambo said.

He urged The Post to continue standing on the truth and striving to create a corrupt-free country despite the opposition they were facing from the powers that be.

Matambo observed that The Post had stood the test of time in speaking for the voiceless and ensuring that government officials respected the law and operated in a transparent manner.

Matambo said Siliya must be prosecuted for abusing her office.

He said there was no other way for President Banda apart from firing Siliya.

"In fact I must express my disappointment with the behaviour of both the President and his Vice who consistently defended Dora and said she was smarter than other people. We expect the President to be fair to every Zambian by defending the Constitution," said Matambo. "The only way out now is to fire Dora and let her be prosecuted for abusing her office. The President should respect the Constitution on this matter and not do the opposite."

Last week, the tribunal that was constituted to probe Siliya's alleged abuse of authority when she engaged RP Capital Partners Cayman Islands Limited to valuate Zamtel's assets before partial privatisation revealed that the minister breached Article 54 sub Article 3 of the Constitution when she engaged the company without following legal advice from the Attorney General.

Siliya was also being probed for abuse of office for cancelling a tender awarded to Thales Airs Systems for the supply, delivery, installation and commissioning of a Zambia Air Traffic Management Surveillance Radar System (ZATM-RADAR) at Lusaka and Livingstone international airports. She was also alleged to have defrauded Petauke District Council over her claim of a refund of K12.5 million for two hand pumps for two boreholes that were sunk in Nyika ward when the actual cost of the pumps was K5 million. However, the tribunal did not find Siliya wanting on both allegations.

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