Nevers resisting recall - Sata

Nevers resisting recall - Sata
By Speedwell Mupuchi and Chibaula Silwamba
Thu 17 Nov. 2011, 14:00 CAT

PRESIDENT Michael Sata yesterday said Pastor Nevers Mumba has been resisting his recall and expressed concern over the allegations of financial irregularities at the Zambian High Commission in Canada. But when contacted for comment, Pastor Mumba said God should be judge between President Sata and himself.

According to a media statement from presidential spokesperson George Chellah, the President said the information he had so far obtained suggested serious financial impropriety at the Zambian mission in Toronto, which is under the supervision of Dr Mumba.

"President Sata has learnt that Dr Mumba intends to travel to Zambia on a private visit soon. The President hopes this visit will provide the law enforcement agencies an opportunity to engage Dr Mumba on the financial matters at the mission," Chellah stated.

According to Chellah, President Sata said: "Dr Mumba has been resisting his recall but we are now informed that he is coming on a private visit for some political engagements in Zambia. We hope that Dr Mumba's visit is a self-sponsored one because if not, the state shall recover from him any taxpayers' money that would be spent on this purely private adventure."

In reaction, Pastor Mumba expressed shock that a head of state could make such a statement about him.

"That information about misappropriation of funds is very shocking because this mission has run as professionally as possible. I am willing to have the accounts of the commission looked into. I wish the Auditor General herself, Anna Chifungula, could come and go through our accounts," said Pastor Mumba.

"I have no idea where the President got that information. If I knew which areas of misappropriation, perhaps answers could be provided. However, the President knows my number, my direct line, our fax number, I would have appreciated in the spirit of respecting those that are serving our country for him to inquire with me before making such a statement aimed at assassinating my name."

Pastor Mumba said there was a system in which government issues were dealt with and not issuing press statements about an officer even before they are heard.

He wondered what recourse he had if the head of state had already pronounced him guilty.

Pastor Mumba explained that in his two and half years of service in the Zambian mission in Canada, he received two audit issues; one internal from the Ministry of Foreign Affairs and another from the Auditor General's office.

He explained that auditors only sought clarification on education allowances paid to different staff members in terms of the numbers of registered children and that responses were provided.

"I am very proud with not only how we have managed the mission financially but also with the performance of the High Commission, how it has lifted the profile of Zambia in Canada and have given it a respectable name. And one would hope that the President would wish to talk about that," he said.

"The irregularities they are talking about do not exist. I have never touched a single ngwee of government here as a High Commissioner, not even in Zambia as Republican vice-president. It has never been my nature. I have no history in government as vice-president and now as High Commissioner of abusing or taking government money for my own gain."

On resisting his being recalled, Pastor Mumba said when he received the letter, out of concern for the image of Zambia, he requested that he be given three month's notice as per conditions of service.

"There was no military coup in Zambia; it was an ordinary change of government. We made a name as a democracy with the smooth change of government, and Canada was proud of us and congratulated us and to see a High Commissioner running away within two days, I thought it was not good for the image of the country," explained Pastor Mumba.

Pastor Mumba said he wrote Lusaka, demanding that he be given three months notice and that Lusaka responded by withdrawing the first recall and gave him the three months notice.

He said within that time, he would prepare his family for departure as per normal practice, bid farewell to Canada and other countries of extra accreditation.

Pastor Mumba who was also accredited to Cuba, Bahamas, Trinidad and Tobago, Jamaica and Grenada, said what he did was good for Zambia's image and wondered why President Sata called it resisting call.

"I am shocked and disappointed," he said.

Pastor Mumba said his coming to Zambia was to prepare for his family's return to Zambia and that he duly applied to the Ministry of Foreign Affairs who rejected his application on the basis that he was on recall.

"I have obliged to that," he said.

He said his return to Zambia was going to be at his cost, not the government's.

Pastor Mumba said he did not expect the head of state who knew that if one was on local leave, he could not utilise government money, to have issued the statement.

"The President works with information and not with slander. I consider this press statement made specifically about Nevers Mumba and the High Commission in Canada to be politically motivated. I am sure the President is reacting to some calls in the media that I contest the MMD presidency," he said.

"I have never even responded or announced my candidature. That kind of attack will never deter me from pursuing what I believe to be God's will in my life. May God be the judge between President Sata and Nevers Mumba in this matter. I think that the President should have waited until I made an indication of my political direction. I am ready to fight politically."

Meanwhile, President Sata has named a 20-member technical committee to draft the new Republican Constitution.

President Sata said in carrying out its functions, the technical committee shall refer to all previous constitutional Review Commissions.

"They are expected to refer to the Chona Constitutional Review Commission, Mvunga Constitutional Review Commission, the 1991 Constitution of Zambia, and the John Mwanakatwe Constitutional Review Commission Report and Draft Constitution," President Sata said.

"The Technical Committee will also review the Willa Mung'omba Constitutional Review Report and Draft Constitution as well as the Mwangala Zaloumis Electoral Reform Technical Committee Report and the National Constitutional Conference (NCC) Report and Draft Constitution," President Sata said.

He emphasised that the technical committee shall review the Mung'omba Draft Constitution and use it as the basis upon to develop the new constitution.

He said the technical committee is also expected to consult widely and take into account the submissions forwarded.

"They are expected to consult local and international experts on constitutional law and practice, the members of the public at all provincial centres and incorporate in the new national constitution the views of the people as resolved in the provincial constitutional conventions."

According to the media statement, the committee was furthermore expected to consult and take into account the submissions of sector groups.

"The technical committee shall draft the national constitution based on its findings from the review process and best international constitutional practices and provisions of international conventions on human rights," President Sata said.

"They shall also draft the Constitution of Zambia Bill to set the commencement date for the new Constitution, deal with transitional and other issues for the effective transition into a new constitutional regime under the Fourth Republic to be enacted by Parliament."

He said the committee shall draw up its programme of work and submit the same to the Secretary to Cabinet within seven days of its first sitting.

President Sata directed the committee to submit the whole report to him.

COMPOSITION OF TECHNICAL COMMITTEE

The Technical Committee shall be composed of the following eminent experts:

1. Hon. Justice Annel Silungwe, SC Former Chief Justice shall be Chairperson

2. Dr. J.B. Sakala of JB Sakala and Company shall be Vice-Chairperson

3. Rev. Suzanne Matale, Council of Churches

4. Mr. Willa Mung'omba, Mungo'omba Associates

5. Hon. Sebastian S. Zulu SC, Minister of Justice

6. Ms. Charity Mwansa, permanent secretary-Lusaka Province

7. Professor Patrick Mvunga, Mvunga and Associates

8. Chief Luchembe, Northern Province

9. Prof. Margaret Munalula, University of Zambia

10. Mr. Ernest Mwansa, Mwansa Phiri and Partners

11. Dr. Rodger Chongwe, Chongwe and Associates

12. Mr. Paulman Chungu, Law Association of Zambia

13. Mr. Simon Kabanda, Citizens Forum

14. Mr. Reuben Lifuka, Transparency International-Zambia

15. Mrs. Mwangala Zaloumis, Dove Chambers

16. Dr. Winnie Sithole-Mwenda, Ministry of Justice

17. Mrs. Thandiwe D. Oteng, Ministry of Justice, who shall be the Secretary to the Committee

18. Three Catholic Bishops


The technical committee shall be supported and advised by the following draftspersons:

Mrs. Eva Jhala, Bemvi Consultants

Mrs. Patricia D. Jere, chief parliamentary counsel, Ministry of Justice

Mr. Andrew Nkunika, acting principal parliamentary counsel, Ministry of Justice