Maravi

Dora refuses to face probe team

Dora refuses to face probe team
By Bright Mukwasa
Thu 22 Dec. 2011, 14:00 CAT

DORA Siliya yesterday refused to physically appear before a commission of inquiry on the contract for the supply, installation and commissioning of the Zambia Air Traffic Management Surveillance Radar system at two international airports describing it as a merely ‘administrative investigatory committee'.

And former permanent secretary in the ministry of transport and communication during the time of the signing of the deal, Mukuka Zimba, says she objected to the payment of more than US$12 million to RP Capital of Cayman Islands for advisory services.

Siliya, a former minister of transport and communication in the Rupiah Banda regime, said in her written submission to the commission that she elected not to attend and give voice evidence, but opted written submissions instead.

"Quite clearly, this committee is not a commission of inquiry pursuant to the Inquiries Act, chapter 41,volume 4 of the laws of Zambia; conversely it is an administrative investigatory committee. I am advised that I may not as of right be entitled to legal representation," Siliya said.

"The committee will recall that the following complaints were made by Mr. William Harrington and a consortium of 10 civil societies. His Lordship the Chief Justice constituted a tribunal pursuant to the provisions of the Parliamentary and Ministerial Code of Conduct Act, chapter 16,volume 2 of the laws of Zambia."

She said the committee should acknowledge that the proceedings of the Justice Dennis Chirwa-led tribunal was held publicly and the allegations were duly presented in the same and they were thoroughly and exceedingly scrutinised.

Siliya said it was abundantly clear from the tribunal's conclusions that she was cleared of the purported allegations being made against her.

"I submit that the said allegations have already been subject to litigation and have had their veracity in the courts of law. The conclusions of the tribunal which was legitimately established pursuant to the provisions of the Parliamentary and Ministerial Code of Conduct Act, chapter 16, volume 2 of the laws of Zambia cannot be overturned by this committee which is merely an administrative committee. I'll opt to refer this committee to have recourse to the records of all the aforesaid matters in both High and Supreme courts of Zambia," she said.

Siliya said the allegations made reference could not be relitigated and that she would not commit herself to any statement beyond what had been put before the tribunal, as the matters were subjudice.

And Zimba said she objected to the government's decision to pay about US$12.5 million for advisory services as that was not part of the agreement.

Zimba, during her submissions to the committee said RP Capital of Cayman Islands was engaged to evaluate the value of Zamtel and not any other services.

"The memorandum of understanding was clear that they RP Capital should not spend above the stipulated amount without the consent of the government. When I told RP Capital they were not supposed to render sale-related services they got upset and stopped reporting to me, they started reporting straight to State House to a Dr Richard Chembe," Zimba said.

"When I looked at the MoU, I wrote a note objecting to the payment of US$12.5 million for advisory services. I sent a letter to the Secretary to the Cabinet and Honourable Felix Mutati who was acting at the time."

She said because she was asking ‘too many' questions about the deal, a decision was made to transfer her from the ministry, as she could not comply with instructions.

Labels: ANNA CHIFUNGULA, AUDITOR GENERAL, DORA SILIYA, RP CAPITAL PARTNERS, RUPIAH BANDA, ZAMTEL

posted by MrK @ 10:28 PM