Rupiah responds to Sata over ECZ

Rupiah responds to Sata over ECZ
By George Chellah
Tue 01 Feb. 2011, 04:02 CAT

PRESIDENT Rupiah Banda has responded to Michael Sata's concerns on the autonomy of the Electoral Commission of Zambia (ECZ) vis-a-vis the recent events that led to the resignation of justice Florence Mumba. In a letter to Sata dated January 28, 2011, President Banda dismissed Sata's concerns as ridiculous and preposterous.

"Dear Mr Sata, THE ELECTORAL COMMISSION OF ZAMBIA SAGA. I refer to your letter of the 26th instant wherein you raised divers issues regarding the picketing at the Electoral Commission of Zambia,” the letter read in part.

“In your letter you have made a general allegation that my government has orchestrated what is going on at the ECZ for purposes of deriving a benefit in this year's presidential and general elections. I would like to state that I find your allegations not only ridiculous but preposterous. My government has had absolutely no hand at what has been going on at the ECZ. It is only recently when I was officially opening the New Soweto market that I publicly announced that I was going to ensure that this year's presidential and general elections would be conducted in a free and fair manner."

President Banda stated that at the same meeting, he publicly invited international election observers to come and monitor the elections. He stated that as a true believer in the principles and values of democracy, he would not allow the country's electoral process to be tampered with by anyone. He said elections are an important cornerstone in democracy as the only way that the Zambians could express their right to vote for leaders of their choice. He said his values as a democrat had been reflected in the manner in which the MMD had successfully conducted provincial conferences to democratically elect party leaders as a prelude to convention. He stated that PF had never observed any democratic principles.

"All the leaders in your party including yourself have not been subjected to any democratic process at all. The question I put to you is, who then is a true democrat between yourself and myself?" he asked.

And reacting to concerns raised on the coverage, which the state media gave dismissed ECZ director Dan Kalale, President Banda stated that the Zambia Daily Mail had an independent editorial team that determines which stories were newsworthy. He stated that he does not participate in the editorial decisions of the Zambia Daily Mail editorial staff, as such he found the question misdirected.

"You have asked in your letter how Mr Dan Kalale obtained a letter from the Auditor General dated 9th November, 2010. I cannot answer this question on behalf of Mr Kalale. Suffice to say that Mr Kalale was controlling officer of the ECZ for purposes of the provisions of Section 7 of the Public Finance Act No. 15 of 2004. You have asked the question as to why the Auditor General's letter was focused on the chairperson and not the other Commissioners. Again the author of the letter was the Auditor General and as such why and how the Auditor General crafted the letter in the manner that she did is a question that should be directed to her as the author. As you are aware under the provisions of Article 121 (6) of the Constitution of Zambia, chapter 1 of the Laws of Zambia provides that the Auditor General is not subject to direction or control by any person or authority. You may wish to be aware that under the provisions of the Electoral Commission of Zambia Act, the chairperson is the recognized full time head of the ECZ," President Banda stated. "You have asked the question as to why the Vice-President chose to meet ECZ staff first before the chairperson. My office and the office of the Vice-President on a daily basis receive various requests by petition or otherwise from various citizens of the Republic of Zambia. I am advised by His Honour the Vice-President that as is the case with many other citizens, the employees of ECZ sought to present a petition to government itemizing their various grievances. Initially they had intended to present this petition to me. However, due to my busy schedule; I was unable to meet them. This is how the ECZ employees proceeded to meet with His Honour the Vice-President. It is not correct to say that His Honor the Vice-President did not meet the chairperson. His Honour the Vice-President advised me that he met the chairperson and other commissioners at least three times before the workers presented the petition to him. Your allegation is therefore not based on correct facts. Typically, you did not bother to verify the facts.

"You asked a question as to why the ECZ workers were calling for the removal of chairperson and reinstatement of Mr Kalale. The statement that you refer to was allegedly made by the workers. I did not make the statement. As such it is malicious and mischievous to ask me a question when you know very well that I am not privy to the answer. Your question is misdirected and should be directed to the ECZ workers."

On Sata’s concern as to why surrogate MMD NGOs and pastors were calling for the removal of the ECZ chairperson, President Banda responded: "As I have stated earlier most of your questions in your letter have been wrongly directed to me. This question is no exception. I do not know which of these NGOs and pastors which you have referred to as 'surrogate MMD NGOs are'. Your question has failed to furnish me with particulars of these NGOs and pastors. I therefore cannot comment on allegations which have no particulars and are incapable of sensible comprehension."

President Banda stated that Sata enjoyed unfettered access and publicity from various non-governmental organisations and one particular newspaper.

"These organizations give you positive publicity every day and are totally oblivious to your shortcoming. These NGOs and media houses have d