Friday, June 19, 2009

Banda has entrenched 'Kumozi Kumawa', says Nawakwi

Banda has entrenched 'Kumozi Kumawa', says Nawakwi
Written by Margaret Habbuno and George Chellah
Friday, June 19, 2009 1:57:37 PM

PRESIDENT Rupiah Banda has entrenched the "Kumozi Kumawa" system in his government, Forum for Democracy and Development (FDD) president Edith Nawakwi has said. And the Southern African Centre for the Constructive Resolution of Disputes (SACCORD) on Thursday said the quick re-appointment of Dora Siliya as education minister was a source of discord and justifiable outcry.

Commenting on the re-appointment of Siliya as education minister following High Court judge Phillip Musonda's decision to clear her of any wrongdoing as found by the tribunal, Nawakwi said the re-appointment of Siliya into public office was a clear indication that her resignation was ill-timed.

"Her [Dora] re-elevation to Cabinet portfolio gives us a lot of questions as to the authenticity and genuineness on the fight on corruption. It is not about whether my sister Dora is corrupt or not, that is not the issue. The issue is about the public outcry on the procedure used to hire companies from outside to undertake the public job," Nawakwi said.

"During the [Levy] Mwanawasa government, it was called the family tree now in the Rupiah Banda government it is called Kumozi Kumawa government."

She said it was common knowledge to everybody, including the President, that tenders for contracts above K2 billion needed to be advertised.

"So it is not even an issue of the tribunal, the rights and merits of the decision of the Supreme Court or the tribunal. It is about the moral issue to the extent of what is the public presumption of this new minister of education," she explained.

Nawakwi said it was sad that the Judiciary had been brought to public odium, saying the country did not expect the High Court judges to overrule the Supreme Court judges.

"To bring the Judiciary into public odium in the manner that it has been brought gives us very, very sad... and indeed as many have commented that we don't expect the High Court judge to overrule the Supreme Court judges, the tribunal was set up as a way of dealing with the ministers and parliamentarians. To overrule such decision means that [the parliamentary and ministerial code of conduct] Act in the law sure should not even exist. But more so the appointment which came hardly six hours later simply gives one the impression that judge Musonda was instructed to rule in the manner that he ruled," Nawakwi said.

She said in the absence of the truth about the outcome of the ruling, it would not be wrong for one to conclude that President Banda just waited for the ruling before he could immediately re-appoint Siliya to Cabinet.

"Unless someone tells us how the President was just waiting for this ruling, an announcement, and sure if it is not the difference between the time of announcement probably re-appointments came hardly minutes after judge Musonda's pronouncement on the tribunal findings," Nawakwi said. "For those of us who are spectators, for those of us who are their supporters are deeply, deeply disappointed."

Nawakwi said she supported women power but that how one attained it matters.

"I am one person who supports women power. I would be the first one to support a female education minister in the country because as mothers once we hear that a girl child has been appointed minister we feel happy. But it does not have to be at the cost of the integrity of the Judiciary and the written laws of this country," she said.

Nawakwi said if Siliya stepped aside from her position before the tribunal was set up until the time the report of the findings was presented, people would have accepted the High Court's judgment.

"If she was requested to give up her position until the findings were done we would have said that 'ya at least she has been cleared'. But Madam Honorable Siliya was in her position until the tribunal finished its findings," she said.

"The President is pilling up more issues on his presidency instead of talking about strike issues in the country. The President came, he has been quiet. I expected him to talk about issues that will bring development to the country and survival of the Zambian people. This is a very controversial issue and will not be put to rest in a week's time."

Nawakwi said wrong steps were taken in Siliya's re-appointment to Cabinet.

"The steps that have been taken in her appointment are the ones that are very wrong. I am not in a position to judge if at all she will manage to run the education ministry. It is too early. Honourable Siliya will be dealing with professors, interact with the university graduates, dealing with the international community. The President said she was very clever and I am sure that's why she has been appointed. He is sure that she has the capacity to handle the ministry," she said.

And SACCORD information officer Michelo Mwango said the organization was concerned at the re-appointment of Siliya barely 24 hours after the court judgment that overturned the Dennis Chirwa-chaired tribunal findings.

"Zambians look up to their political leadership for good governance and amicable settlement of varied interests. However, we find the decision by the Executive rather hasty. It is clear that the re-appointment of Hon. Dora Siliya as Education Minister is a source of discord and justifiable outcry," Mwango said.

"While we agree that the President has the mandate to appoint whosoever, he wants in any given ministerial position, we disagree when such appointments are made in the midst of controversy. Hon. Dora Siliya resigned on moral grounds and her acceptance to a ministerial position so soon makes us question whether she genuinely resigned on moral grounds or they were other precipitating factors."

He said as a people, Zambians needed to ensure that they build a political leadership that was seen to represent the citizens in their concerns.

"Therefore, Executive actions should set good examples in the eyes of the whole society. Zambia needs to move away from a culture that embraces a political leadership that is seen to have no respect for public office although they are legally absolved," Mwango said.

"Indeed, the recent High Court judgment by Hon. Phillip Musonda over the Dora Siliya tribunal has left more questions than answers about the internal procedures of our Judiciary. The failure by the High Court to address for instance issues surrounding procurement is serious because now the Hon. Minister has been reassigned to a more challenging ministry in terms of procurement and yet the court has not made any corrective measures."

He said SACCORD finds the dismissal of all the findings of the tribunal not only vexing but also undermining trust and constructive resolution of disputes in the country.

"For us, the judgment has not only caused more conflict but it has also created a perception of discord in our judicature. While accepting the judgment as believers in the rule of law, it seems to us that the bench as the custodian of justice ought to be consistent and cautious in the manner they dispense justice and their judicial responsibilities, particularly in cases that carry political nuances," said Mwango.

"We implore the Chief Justice to take measures to ensure that the integrity of the Judiciary is protected and does not suffer erosion of confidence from the public."

President Banda on Wednesday appointed Siliya as education minister following her being cleared by judge Musonda on Tuesday of any wrongdoing in her engagement of RP Capital Partners to valuate Zamtel assets.

The Chirwa tribunal that was set up to probe Siliya found that she breached the Constitution when she engaged RP Capital Partners and this finding saw her resign from her ministerial position.

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