Rupiah is taking people for granted – Miyanda

Rupiah is taking people for granted – Miyanda
Written by George Chellah
Monday, June 22, 2009 4:05:03 PM

THERE is so much indiscipline in the nation, Heritage Party (HP) president Brigadier General Godfrey Miyanda said yesterday. And Brig Gen Miyanda said President Banda stands charged with two counts of ‘double standards and prevarication’, saying the head of state is taking the people's goodwill and trust for granted.

Commenting on the reappointment of education minister Dora Siliya, Brig Gen Miyanda said it appears that in Zambia one has to be unduly controversial and cantankerous to attract attention or to make a point.

"One has to use foul language before people pay attention or listen to what one is saying or warning about. I have in the past canvassed for the enforcement of existing laws and regulations rather than making too many new laws that are ignored and the importance of the President to set the pace. This is a timely reminder," Brig Gen Miyanda said.

"Ms Dora Siliya should not be vilified for her success in the High Court; this is why courts are there; she has not reappointed herself; neither did she pass the judgment on herself. She exercised her constitutional right and has succeeded so far. I think the point that is being missed by some members of the public is why all these things are going on in our country in spite of the rhetoric during election campaigns. As far as I am concerned Ms Siliya is now not the problem; I wish her well in her future endeavours."

He said the crux of the matter was indiscipline.

"There is so much indiscipline in the nation and it seems leaders in office do not want to do the right things to correct the rot. I am convinced the buck stops at the President's feet, as he is the one who appoints and removes ministers and other officials. It is him who must answer the many questions that the [Dennis] Chirwa tribunal and the [Phillip] Musonda judgment have raised. The President tactically remained silent after he received the Chirwa report until when it was convenient to him, thanks to the judicial review judgment! His only emotional and angry retort was to threaten the Attorney General for some incoherent offence," he said.

Brig Gen Miyanda said he feels that what needs to be focused on now was what has been exposed by the tribunal and what lessons may be learnt from this short debacle.

"First, it has been demonstrated that it is possible to administer justice quickly; the Chirwa tribunal was punctilious and delivered its findings in a timely manner to the President who appointed it, and who publicly undertook to study the report and inform the citizens. But the President has slept on the report. Later, when Ms Siliya invoked her right to seek judicial review, Mr Justice Musonda also delivered his judgment in a timely fashion; although I don't believe that he sent the judgment to the President as he is not required to do so; but the President acted fast even before Ms Siliya had arrived back home from the court," Brig Gen Miyanda said. "The tribunal and the High Court have acquitted themselves well in terms of dispensing justice, right or wrong. What of the President? He has sat on his response and kept the nation speculating. So whose report shall we believe now, the tribunal, the High Court or the President's tactical silence? In my comment on the Siliya saga at the very beginning, I observed that it appeared that her resignation was a calculated strategy to preempt Presidential action and to ease pressure on the President to avoid taking a decision he did not want to make. For instance, at what stage did Ms Siliya reapply to be reappointed into the Cabinet or did she reapply at all?"

Brig Gen Miyanda said he believes that he had been vindicated.

"Now the President can blame or use the High Court as the excuse for reappointing her; he may now conveniently make a statement trashing the Chirwa report, as an after thought. But I say that his response is now irrelevant though the public must insist that he presents it merely for the national archives!" he said.

He said the public were mistaken and wrong about the seniority of judge Musonda visa-vis the Supreme Court judges who sat on the tribunal.

"In the hierarchy of judges he is definitely junior to them; but a tribunal is an inferior court to the High Court regardless of which judge is chairing it. The Parliamentary and Ministerial Code of Conduct Act does not direct that only a judge of the Supreme Court should be a member of the tribunal," Brig Gen Miyanda said. "It provides that the tribunal shall consist of three persons who hold or have held the office of judge of the Supreme Court or High Court. To avoid the furore that has arisen among the public, I venture to say that the lesson here is that retired judges should be appointed, preferably former High Court judges unless a case is complex."

He said the Siliya case was a simple allegation of alleged fraud, which should have been reported by the complainants to the police and not to the Chief Justice.

"The other allegation was simply about corruption; although it was in order to subject this to the tribunal, it was best reported to the Anti Corruption Commission. Another lesson or suggestion regarding public perception of lack of respect for Supreme Court judges by allocating the judicial review case to a perceived junior judge, I say that such cases in future should be allocated to the deputy chief justice, sitting as High Court judge. This is possible under current court practice in Zambia as the deputy chief justice may and does on occasion sit as a single High Court judge," Brig Gen Miyanda said. "But a more pertinent issue and major criticism is the apparent indecision on the part of the President regarding the tribunal report. The speed with which he has reappointed Ms Siliya makes one speculate that the President decided not to remove her long before the tribunal had concluded its work. Although the President has a discretion and prerogative to reappoint ministers this is not the issue."

He said President Banda had to answer why he was still studying the Chirwa tribunal report, which was presented to him before the Musonda judgment.

"He must tell the public when he studied the Musonda judgment on which he has made a lightning decision. Or is he telling us that in fact he studied this judgment before it was delivered or made public? How and why did he arrive at his fast decision?" Brig Gen Miyanda asked. "Finally he has to explain what he will do should there be an appeal and if that appeal is successful. These are vexing questions casting serious doubt on the sincerity of our President in the execution of his national duties as sworn in his solemn Oath of Office. The President is taking for granted the people's goodwill and trust."

Brig Gen Miyanda said it was now President Banda who needed to explain himself and not Siliya.

"And for his answers to be taken seriously he must not use special assistants and/or spokesmen. As it is now, the President stands charged with two counts of "double standards and prevarication". He must personally speak to the nation live on television so that we can ask him questions and so that we can look him in the eye and observe the movement of his tongue," said Brig Gen Miyanda. "Why has he kept quiet about the Chirwa report which he said he was studying? Is he still studying it? If so, when will he comment on it, apart from threatening the Attorney General's chambers? Or was he merely waiting for a miracle like the Musonda judgment to rescue him? A leader must not wait to hear what public opinion is on controversial issues before guiding the people. The people of Zambia await truthful answers regarding this unnecessary saga."

Last week, President Banda appointed Siliya as education minister a day after judge Musonda cleared her of breaching the Constitution as found by the tribunal in the RP Capital Partners deal. The tribunal which was chaired by judge Chirwa found that Siliya breached the Constitution when she engaged RP Capital Partners of Cayman Islands to valuate Zamtel assets before partial privatisation in total disregard of advice from the Attorney General's office. After the report was presented to the President and consequently made public, Siliya resigned from her ministerial position at communications and transport.

In accepting her resignation, President Banda, who said Siliya was smarter than her critics, said he would issue a comprehensive statement after studying the report. President Banda blamed the Attorney General's office for confusing Siliya and promised to re-organise the chambers.