Give to Caesar what belongs to Caesar

COMMENT - Not only the corrupt deals with LAP Green should be looked at, but so should the Development Agreements.

Give to Caesar what belongs to Caesar
By The Post
Fri 06 Jan. 2012, 14:00 CAT

THE decision by Michael Sata's Cabinet to reverse the clearly corrupt sale of Zamtel to Libya's Lap Green is not a small one. It is clear that under Michael's government, it may be very difficult for corrupt elements to retain the fruits or benefits of their corruption.

It was very well known from the very beginning that the decision by Rupiah Banda's league to sell Zamtel was not in the public interest but for the benefit of those involved in it.

And it may not be difficult to trace the personal benefits from this deal accruing to Rupiah himself and his sons and to Dora Siliya.

They were all warned about the consequences of what they were doing. But they were very determined, they were not ready to listen to anyone or indeed to forego the gigantic personal benefits that this deal provided for them.

This deal started with a clearly corrupt engagement of RP Capital by Dora with the help or participation of Rupiah's son, Henry. We questioned what Henry's interest or role was in this matter since he was not even a government official. Henry's name also came up at the tribunal that was set up to probe complaints raised by some members of the public on this matter.

That tribunal proved to be a sham. But in saying this, we cannot ignore the spirited fight that we are told by insiders to have been put by Justice Dennis Chirwa to protect public interest. But he was out-numbered.

It will also be interesting to review the decisions that came from our courts of law when this matter was taken there and the quality of decisions that were arrived at by the adjudicators as to whether they were truly anchored on law or things were twisted to suit a desired or decided outcome.

Clearly, what is coming up in this matter is starting to raise serious questions about the competence and probably the integrity of our judicial officers. And there should be no pulling punches. Every decision that was made by anyone, judicial or otherwise, on this matter calls for a review, for a critical analysis.

The decision and conduct of the tribunal that was set up to examine this matter requires a critical review. And equally, the decisions that were arrived at on this matter in our courts of law must also be subjected to critical analysis. If, in the final analysis, it is found that those who adjudicated in this matter lacked certain characteristics required by their offices, the public should be made aware of this so that we all know what type of adjudicators they are and what confidence and trust we should place in them.

And reading the findings of the commission of inquiry, it is clear that Lap Green knew very well that they were engaging in a corrupt deal with some officials of the Zambian government. But this was not strange. It was a way of doing business in Africa under the Gaddafi regime.

This regime corrupted weak African leaders with gifts or rather bribes. We know Libya under Gaddafi acquired properties and businesses all over Africa. Who doesn't know how they corruptly acquired some state-owned hotel in Kenya! This was the regime that the Zambian government of Rupiah was dealing with. Who doesn't know how Gaddafi used money to get what he wanted from some African leaders?

Briefcases of money used to be given to many weak and corrupt African leaders by Gaddafi. And Rupiah's government, in this matter, cannot claim to have sold Zamtel to Lap Green in a clean, transparent and honest manner. The deal was a corrupt one. And it is only right for Lap Green to give back to Caesar that which belongs to Caesar, to the Zambian people that which belongs to them.

Of course, those with evil minds, those with corrupt inclinations will tomorrow accuse Michael of nationalising foreign private enterprises and scaring away investors. This will be nonsensical. There is no country with decent people and decent leaders in the world that couldn't have taken the decision and action Michael's government has taken. Go and do the same in the United States, UK, Germany, Sweden, Denmark, Finland, Holland or France and see what will happen to you and your deal.

Honest investors, businessmen of goodwill, would certainly welcome this decision and support it. We want foreign investment but only honest foreign investment. It is not foreign investments at all costs that we are looking for. Those who want to do honest business have great opportunities in Zambia. But there are many corrupt elements masquerading as businessmen and doing all sorts of corrupt deals with some of our weak and corrupt leaders.

Probably this calls for us taking a slightly different approach in fighting corruption by also going for corrupt businessmen, those who corrupt our public servants. We say this because if we don't go for those who pay bribes to get government business and assets on the cheap, our fight against corruption will not succeed. And we will be changing one corrupt regime after the other to be corrupted by the same elements.

People should know that the era of corruption and impunity in Zambia is gone. And there should be no one protected from prosecution for corruption. And this includes foreign investors, former presidents and their ministers and even judicial officers who corruptly abuse their positions to adjudicate in a certain way because it is in one way or another beneficial to them. We should start seeing law enforcement officers and judges who are corrupt being arrested and prosecuted for betraying a public trust.

Michael's government is taking very tough decisions. And if they continue on this path, they will soon come under serious attack from evil people, from corrupt elements. We therefore need to sharpen our awareness, politically and otherwise, and be ready to take on corruption and its agents when they start to hit back.

Michael and his government deserve the support of all of us in these endeavours. Michael alone will not be able to win this gigantic war for us. We have to participate. We have to enlist as soldiers in it and be prepared to fight under his command and leadership.

For all his mistakes, for all his weaknesses, Michael is taking the right decisions in the most important areas of the political, economic and social life of our country. Let us give him the support and of course, the criticism when it is necessary to do so.

Criticising wrongdoing is another way - a reversed way - of supporting someone, of supporting something.

As for Rupiah, his sons and Dora, among others, let the law take its course in the most just and fair way. If they are found wanting, let them go to jail like any other criminal. We have to end corruption. We have to end impunity.

Let us cleanse our nation of corruption and of all other vices that accompany it.