Sata must deal with current plunderers - APNAC
By Allan Mulenga
Fri 06 Dec. 2013, 14:01 CAT
CORNELIUS Mweetwa says President Michael Sata should deal with plunderers in the PF for people to take him seriously on his commitment to fight corruption.
Commenting on President Sata's statement that his government will ensure the efficient functioning of all anti-corruption structures and systems, including forfeiture of ill-gotten wealth and blacklisting of individuals involved in the plunder of public resources, Mweetwa, who is African Parliamentarians' Network Against Corruption Zambia chapter president, accused President Sata of remaining "mute" on the current plunderers in the government.
"You cannot take Mr Sata serious for what he says because I was actually wondering what things he was talking about when he said he wants to up the fight against corruption. His own secretary general Wynter Kabimba has come out in the open. I believe that what honourable Wynter Kabimba has done is an honourable thing to come out in the open and say here where we are in PF, we are entrenched in corruption," he said. "There are corrupt elements; ministers and leaders are preoccupied with registering companies and corruptly awarding themselves tenders or contracts, and also they are spending a lot of tax payers' money flying around."
Mweetwa said President Sata could only be taken serious if he deals with senior government officials allegedly being involved in corrupt practices.
"To date, President Sata has remained mute on those issues. So, how can he talk about plunderers when he is mute about the current plunderers? Which plunderers is he talking about, if he cannot comment about the plunderers that the Minister of Justice has been saying are in PF? So, until he deals with the question of his plunderers who are in PF that honourable Kabimba is talking about, we are not going to take him serious," said Mweetwa.
Labels: APNAC, CORNELIUS MWEETWA, MICHAEL SATA
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Don't use Sata's call for unity to escape corruption - APNAC
By Tilyenji Mwanza
Sat 02 Nov. 2013, 14:01 CAT
PRESIDENT Michael Sata's call for unity should not be used as a window of opportunity to escape corruption charges, says APNAC chairperson Cornelius Mweetwa.
Recently, MMD spokesperson Dora Siliya said the MMD had heeded President Sata's call for unity and wanted to continue to engage the PF on various issues to better the lives of Zambians.
Siliya said the former ruling party could not afford to be irresponsible not to heed President Sata's call for unity.
But Mweetwa, who is also UPND deputy spokesperson, said the call for unity by the president was highly welcome but should not be used as an attempt to get private advantage by people to immunise themselves against corruption charges in court.
"The call for unity should not mean abandoning the corruption charges; corruption charges should not be part and parcel of the unity," Mweetwa said.
"Everybody has the right to accept the call for unity and reconciliation but they should not fraudulently use this as an attempt to gain private advantage or immunising themselves from the corrupt charges they are facing. It is not a window of opportunity for them to escape the wrath of the law," Mweetwa said.
He also said the corruption charge highlighted by PF party secretary general Wynter Kabimba should not be swept under the carpet in the name of unity.
Mweetwa said the call for unity should be extended to all sectors in the country, including proper application of the public order Act and equal opportunity to economic funds such as the disbursement of Constituency Development Funds.
"The call for unity is noted but I am treating it with a caveat. What we expect is proper application of the public order Act as this would bring about good governance. The call should address a long-lasting solution of the Barotseland Agreement and those charged not to be discriminated against," said Mweetwa.
Labels: APNAC, CORNELIUS MWEETWA, CORRUPTION, DORA SILIYA, MICHAEL SATA
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Libyans still running Zamtel - Lubinda
By Chiwoyu Sinyangwe
Tue 19 Apr. 2011, 04:01 CAT ]
GIVEN Lubinda has revealed that Zamtel is still being run by Libya's LAP Green managers who are externalising money despite Zambia freezing its 75 per cent stake in line with the UN resolution 1973 of 2011.
And Lubinda said Dora Siliya would be haunted till her death over the uncertainty surrounding Zamtel, whose 75 per cent is said to have been frozen by the government in line with UN resolution 1973.
Lubinda, who is also Patriotic Front Kabwata member of parliament, said there was need to remove LAP Green-appointed top officials in Zamtel to halt further “siphoning” of the money.
“We have impeccable evidence of the fact that money is leaving Zamtel to offshore accounts,” Lubinda said in an interview.
“Why is that money being allowed to be siphoned out of Zamtel? While we appreciate that LAP green has invested large amounts of money in Zamtel, the rate at which Zamtel is losing money to foreign accounts, we have no doubt that within the next three to four months, the total investments made by LAP green in Zamtel will have been externalised, and at that stage, Zamtel will be left a shell of itself.”
Lubinda said freezing of the Lap Green assets would only make sense if the management was also withdrawn from “the owners of those shares.”
“I want to challenge the government of Zambia to indicate to the Zambians how Zambia is controlling the externalisation of resources from Zamtel,” Lubinda said.
“What measures are being put in place to ensure the proceeds from Zamtel are not being externalised to fund Libya’s wars. Freezing the asset and still allow the owners of the asset to run it is not freezing at all. It’s a mockery, cosmetic and meant to hoodwink the international community. ”
Lubinda said while countries like Uganda and Rwanda were implementing the UN resolutions by taking over management of the affected assets, the hands of the government of Rupiah Banda were tied owing to the corrupt manner in which they sold Zamtel.
Lubinda described as “cosmetic and smokescreen”, the announcement that Zambia had frozen LAP Green’s 75 per cent stake in Zamtel which it bought last year in transaction criticised by key stakeholders and the opposition political parties.
“The so-called rebranding of Zamtel is nothing but a smokescreen by LAP Green in collusion with the government of Mr Rupiah Banda,” he said.
“They are trying to hoodwink Zambians that everything is in order, that Zambia is in control when in effect Zambia has no control whatsoever in the management of Zamtel. For as long as the operations are under the control of Lap Green and their agents, then the freezing of assets is nothing but cosmetic. You can only do that if you follow what Uganda and others have done, and that to not only freeze the shares and also take over the management of the asset. That is the only way you can claim to be implementing the resolution 1973 of UN to the letter and in the spirit of the law.”
Lubinda, who is chairperson of African Parliamentarians Against Corruption (APNAC), advised Zamtel managing director Hans Paulsen not to act as spokesperson of the Zambian government.
“Poulsen and all his friends who are running Zamtel are appointees of LAP Green in Libya and the ones running LAP green were appointed by Muammar Gaddafi,” Lubinda said.
“There is no way they can now separate themselves from Gaddafi, now that he is at war with his people. Gaddafi and his people still have total control of all institutions he created including LAP Green.”
And Lubinda said Siliya would die with the responsibility of explaining everything that would happen to Zamtel. He said there was no reason whatsoever why government could not do that which was expected of it under UN Security Council resolution until such a time that everyone was satisfied that proceeds from Zamtel would not go into feeding Gaddafi’s war to exterminate Libyans pushing a popular uprising to end his 41-year old tyrannical rule.
Although Zamtel was sold last year in a deal orchestrated by former transport minister Siliya, President Rupiah Banda’s son Henry and Cayman Islands-based RP Capital, Zambia Development Agency (ZDA) were later involved as an investment and privatisation wing of the government.
“Instead of LAP Green struggling to clarify this matter, can the ministers of finance and transport, especially the architect of selling of Zamtel because there is more to it than meets the eye,” said Lubinda.
“She (Siliya) individually against advice from experts, Attorney General, without approval from Cabinet, she alone is the one who determined Zamtel’s destiny. So, whatever happens at Zamtel, Dora Siliya will continue to be held accountable until her death. Whenever the name Dora Siliya will be referred to in future, it shall be in connection with the sale of Zamtel, nothing else.”
Lubinda said Zamtel was a security installation which could not be left in the hands of people at war.
Labels: APNAC, DORA SILIYA, GIVEN LUBINDA, LAP GREEN, LIBYA, PRIVATISATION, ZAMTEL
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Lubinda urges Zambians to picket
By Ernest Chanda
Mon 01 Nov. 2010, 04:01 CAT
KABWATA PF parliamentarian Given Lubinda has called on Zambians to turn out in numbers and picket at Parliament entrance in defence of the abuse of office offence.
In an interview following Parliament's vote against section 37 of the current Anti Corruption Commission (ACC) Act which provides for the offence, Lubinda said there was still room for people to defend the law. He said since the bill was coming up for committee stage on Wednesday, Zambian could picket Parliament.
“You in the media should not relent in defending the abuse of office offence. Give this issue space and time in your newspapers, on radio and on television because your country has been laid bare by this irresponsible government,” said Lubinda who is also African Parliamentarians Against Corruption (APNAC) Zambia chapter president.
“And every Zambian should not lose hope; in fact let them picket at Parliament entrance on the 3rd of November when the bill comes up for committee stage. Let them come with placards saying 'save section 37'.
“It is very clear that this government wants to legitimise rampant abuse of office. And we in APNAC shall not support such kind of distortion of laws. Let Zambians lobby their MPs to defend this law knowing that it is still far from the time President Rupiah Banda assents to it."
Lubinda cited 2003 when Zambia National Broadcasting Corporation employees picketed against him during the ZNBC amendment bill which introduced TV licence fees.
He said people also showed their power when they picketed Parliament as they pushed for a new constitution in November 2005 through the OASIS Forum.
Lubinda contended that the same mechanism could apply since no permit was needed to picket at the Parliament entrance.
"I also make a clarion call to members of parliament especially those in APNAC to search their souls and defend this innocent law. In addition it is a challenge to all leaders of civil society organisations, the church, political parties and individual Zambians to stand up and defend the abuse of office law," said Lubinda.
"In fact the government was expecting people to protest over the removal of section 37. I say so because on the day the bill came up for second reading, the government had mounted a lot of police officers at Parliament entrance. And these police officers were there from 08:30 hours until Parliament adjourned at 13:00 hours. So, they knew the wrong thing they were doing and they expected a lot of public resistance."
Labels: APNAC, GIVEN LUBINDA
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‘Single-sourcing of Chinese firm for boreholes smells of corruption’
By Chibaula Silwamba
Sun 07 Mar. 2010, 08:04 CAT
PATRIOTIC Front (PF) spokesperson Given Lubinda has charged that the government’s single-sourcing of a Chinese firm to sink 6,000 boreholes at a cost of US $50 million about K234 billion smells of corruption.
Commenting on the Ministry of Energy and Water Development’s single sourcing of China Xiangsu International Economic-Technical Cooperation Corporation Limited to sink 6,000 boreholes countrywide at a cost of US $50 million and the quick rate at which the contract was awarded, Lubinda said the contract should have been given to several Zambian companies as part of citizens empowerment initiative.
“When government processes are circumvented, it raises lots of suspicion. What is it that is motivating these people to circumvent normal government procedures? In whose interest is it?
Naturally it raises suspicion to the extent that there are some people who want to benefit from this. This smells of corruption. There must be some individuals who want to benefit from the process without following the law,” said Lubinda who is also Kabwata member of parliament and president of the African Parliamentarians Network Against Corruption (APNAC).
“I appeal to all members of parliament to revisit the Zambia public procurement Act so that we start to close up some of these loopholes which the government is abusing. We need to tighten the law for the sake of delivering development to the people who are suffering. People are dying in floods and instead of this government getting equipment to open up drainage systems as a matter of emergency, they are treating the drilling of 6,000 boreholes as a matter of emergency.”
He said boreholes could not be sunk in the rainy season, hence it was irrational for the government to fast-track the tender process of drilling boreholes as if it were an emergency.
“All professionals drilling boreholes know that the best time to drill boreholes is in the dry season. They are rushing this because some individuals must have personal interests and Zambians must rise and stop this,” he said.
“The time of giving approval and awarding the contract was all done in less than a week. That is supersonic speed. What is it that we are rushing for to allow the expenditure of US $50 million? Is the issue of drilling boreholes a matter of emergency? For them to rush the whole process of awarding a tender of borehole drilling and yet those boreholes will not be drilled until after three or four months because the contractor has to mobilise and so on, breeds a lot of suspicion.”
Lubinda said as a parliamentarian who was among the people that passed the public procurement Act, he felt sad that Parliament was abused by passing the law that was now subject to rampant abuse.
“It seems like when the law was made to give an opening for ministries to be able to single source on areas where there are no competitors, it seems like we opened a floodgate for them to abuse that provision to single source for literally everything,” said Lubinda in an interview on Friday.
“I want to assure the citizens that I will do whatever is within my means to try and revisit that law. As president of the African Parliamentarians Network Against Corruption, I am taking up this matter so that the APNAC Zambia Chapter can find some time to go through and revisit the public procurement Act, to look for ways to tighten that law so that we close in on the opening that we allowed which is being abused by this government.”
He observed that Zambia had well established borehole drilling companies that had been set up over the last 10 years.
“Why is it that we are having this tendency of awarding these contracts only to foreigners at the expense of local investors? Can the Zambian companies fail to sink 6,000 boreholes? Couldn’t we have even thought that those 6,000 boreholes can be drilled by several local companies instead of giving the whole work to one company, we share it amongst 10 companies, to empower Zambians?”
Lubinda asked. “Where is the Citizens Economic Empowerment Commission? The CEEC was established by an Act of Parliament for them to ensure that Zambian companies are given preference.
The CEEC Act provides that preferential treatment for tenders should be given to Zambian companies and yet we see the government giving business to foreigners with impunity without regard to local companies.”
A government source revealed about the bid rigging in the boreholes tender process.
“The contract involves the construction of 6,000 boreholes country wide and the amount for the project is US $50 million, the bidder is China Xiangsu International Economic-Technical Cooperation Corporation Ltd,” the insider said.
“Tender invitation: 18th February, 2010, receipt of bid 18th February, 2010, letter for negotiation 22nd February, 2010, authority to negotiate given on 22nd February, 2010 and date of negotiations on 23rd February, 2010 and award of authority by CTC on 23rd February, 2010. Therefore, direct bidding (bid rigging) contrary to ZPPA Act of 2008.”
But Ministry of Energy and Water Development permanent secretary Teddy Kasonso said the contract had not been concluded.
Labels: APNAC, BOREHOLES, CHINESE, CORRUPTION, GIVEN LUBINDA
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LAZ has exposed Mchenga’s incompetence, says Lubinda
Written by George Chellah
Tuesday, September 22, 2009 5:38:20 PM
AFRICAN Parliamentarians Network Against Corruption (APNAC) president Given Lubinda yesterday said the position taken by LAZ on Frederick Chiluba's acquittal has exposed Director of Public Prosecutions (DPP) Chalwe Mchenga's incompetence and insincerity.
But Chiluba's spokesperson Emmanuel Mwamba dismissed LAZ's position, adding that the association should be protecting the decisions of the DPP and not promoting anarchy.
Commenting on the Law Association of Zambia (LAZ)'s statement that Mchenga should have appealed against former president Chiluba's acquittal because there are enough grounds for the appeal, Lubinda said it was clear that Chiluba's acquittal was engineered from State House.
"There is no doubt that Chiluba's acquittal was a political rather than a judicial decision. All those arguing that there are insufficient grounds of appeal are just economising on the truth. LAZ has a number of functions including advising society on matters of the law," Lubinda said. "In this particular case, LAZ has come out clearly to state that there are sufficient grounds on which the government should have appealed the acquittal of Chiluba. If Rupiah Banda wants to come out clean on this matter he should ensure that the DPP proceeds with the people's appeal."
He said the appeal against the acquittal was not President Banda's personal appeal but an appeal demanded by the people of Zambia.
He said the observation from LAZ was interesting particularly that it was a professional body to which Mchenga was a member.
Lubinda said LAZ had shown Mchenga's insincerity.
"This vindicates us for calling for the dismissal or resignation of the DPP. He has been exposed as being an officer who is bending down to satisfy the political egos of those in power and that is against the Constitution," Lubinda said. "It's against the law because the DPP is supposed to operate without any directive from anywhere not even State House, not even George Kunda or Mulongoti."
He said Mchenga should vacate office otherwise the opposition would commence the process in Parliament for him to be forced to vacate office.
"We cannot have a DPP who is not capable of interpreting a judgment, that's very dangerous for us as a country. The DPP must be one who is capable of descerning what legal judgment mean," Lubinda said. "In this particular case, he has proved to the Zambian people to be a failure in interpreting legal judgments and we cannot have Mchenga as DPP. So he must resign before we force him out of that office."
But Mwamba said LAZ knows the position of the DPP in the Constitution.
"LAZ knows the preserve to appeal or not to appeal...it's only in the DPP. By inference LAZ is not respecting the judgment. In our understanding the judgment is thorough, it has dealt with the allegations and evidence properly," Mwamba said. "The perceived pressure for the DPP to appeal is just political and it shows that the argument is not founded in law because if it's founded in law they ought to respect the verdict of the court."
He said LAZ should be the last ones to call for an appeal.
"They should not join the fray calling for the appeal, looking at their position in the country. The purported grounds of appeal were not properly crafted and there is no integrity as they attempted to use a dubious process to enter that appeal in the courts," Mwamba said. "On matters relating to law like the immunity and the appeal we expect LAZ to give an informed opinion and guidance to the country. LAZ ought to understand that they should be protecting the decisions of the DPP owing to its position in the country."
He accused LAZ of promoting a notion that the only good verdict on the Chiluba case would be a conviction.
"And that is folly in law. If LAZ looks at the merits of the case, the evidence before court and the allegations I do not think any other court will come up with a different verdict on the US $500,000," he said.
Mwamba said the push for an appeal appeared academic.
"The motive is to trap Dr Chiluba in court for his entire life. It has taken us eight years to arrive at this verdict. We don't know how long it would take us at the High Court or even Supreme Court. LAZ appears quick to defend illegal institutions and processes," Mwamba said. "We urge them not to promote anarchy. We know an appeal is a right. The DPP has not appealed so far so LAZ should support that position. Why are they quick to jump on arguments that show that the verdict is not founded in law and facts."
Last week, LAZ president Stephen Lungu said Mchenga should have allowed the appeal to proceed.
"That was a matter that the DPP should have appealed. The DPP should have appealed that matter. We are very much aware that the Constitution gives the DPP the right to determine the path of the matter, but this matter is one matter of public interest. And going through [the judgment], he may have a different opinion, but going through the judgment, we tend to believe that there was quite good ground [for the appeal]," Lungu said. "What I am trying to say is when one reads the judgment, one would then believe, looking at the evidence and what was read, there could have been good grounds to appeals."
Asked on the way forward on the matter especially that the stipulated two weeks in which one can appeal against a judgment elapsed when Mchenga said he was studying the matter, Lungu responded: "Particularly that's the same question that we would ask. He did say that he would want to study the judgment; we know that he has had a copy of the judgment for some time because, yes, he did indicate from what we read that he needed to study the judgment before he could consider. But our view is that if he has considered that, it will be nice if he came out and explained."
Lungu said it would be good for Mchenga to allay people's anxieties by explaining the way forward on the matter.
"But in our view, looking at the judgment, it's a judgment that we feel he could have appealed," Lungu said.
Asked on what the people could do on the matter, Lungu responded: "Well, you see the problem that we've got here is you have got powers that are vested in one person and it is that person who must decide. The Constitution gives him that power. That is where our apprehension is on this particular [issue]."
Lungu said Mchenga derived his authority from the Constitution, therefore he should make his determination based on what the Constitution stipulated.
Labels: APNAC, CHALWE MCHENGA, GIVEN LUBINDA, LAZ
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Lubinda bemoans lack of sufficient resources in corruption fight
Written by Ernest Chanda
Sunday, September 20, 2009 8:27:05 AM
AFRICAN Parliamentarians Network Against Corruption (APNAC) Zambia Chapter president Given Lubinda has bemoaned the lack of sufficient resources in the fight against corruption on the continent.
Speaking at APNAC’s 3rd Annual General Meeting in Lusaka yesterday, Lubinda said despite the efforts made in fighting corruption on the African continent, more efforts were still being hampered by lack of adequate resources.
“We have tried our best as African parliamentarians to sensitise people and fight corruption, but in many situations resources have limited our efforts. Inadequate resource base has been our main challenge, but we thank several cooperating partners who have helped us many times. In spite of limited resources we shall continue to fight corruption,” Lubinda said.
“We cannot say we have won the battle, but what is important is that we are committed to the fight and we have people’s support. And for as long as we continue with this spirit we hope that some people will learn from this commitment.”
And APNAC Africa president, Augustine Ruzindana said currently parliamentarians were perceived as part of the corruption problem.
“The objectives of APNAC include building the commitment of parliaments and MPs to effectively exercise their accountability role in the budget process and thereby contribute to the control of corruption in their countries. Members of APNAC have, within the constraints imposed by their parliamentary rules, routine and programmes, to achieve these objectives,” he said.
“Currently MPs are perceived as part of the corruption problem and APNAC aims at changing this image by making them part of solution. The existence of public confidence, in any political and administrative institution, depends on the assurance that the public is getting value for money for taxpayer’s money and donor funds. In Africa, this assurance is believed, by the public, largely not to exist.”
Ruzindana said Parliament was a major pillar in the prevention against corruption.
“With regard to Parliament, corruption can be addressed in the context of oversight role which enforces accountability, transparency and openness. The legal requirement of the Executive to seek parliamentary approval, to collect taxes or borrow or spend money and after spending it government must be able to show that it has spent the correct amount for the purposes approved, is the basic source of parliamentary oversight functions and powers. It is the effective exercise of this power over the management of the budget that gives Parliament the opportunity to reduce the opportunities for corruption to occur. Parliament is thus a major pillar in the prevention strategy against corruption," said Ruzindana.
And deputy chairperson of committees in the Zambia Parliament, Mkhondo Lungu urged parliamentarians to live by example in the fight against corruption.
“Parliamentarians in whatever they do, must live by example, and this applies to the fight against corruption, whether it be on a voluntary basis or otherwise. This is cardinal, especially that the fight against corruption is a fight against an insidious disease which continues to ravage our continent, searing it of its economic flesh and leaving only economic skeletons which cannot sustain our people," said Lungu.
Labels: APNAC, CORRUPTION, GIVEN LUBINDA
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Silwamba asks Lubinda to explain APNAC status
Written by Continued from yesterday
Wednesday, March 11, 2009 5:04:39 PM
Mwitwa: I was just going to take you back to exhibit P1, particularly the last paragraph. Mr Lubinda...do you see anywhere where the word MoU appears?
Lubinda: Could you just perhaps count them.
Lubinda: My lord, I count four.
Judge Chitengi: Mr Mutale...the MoU was it drafted by lawyers or was home-made?
Kabimba: We do not have an answer.
Silwamba: This particular one...
Judge Chitengi: Was it written by lawyers or was home- made?
Silwamba: This was a document, which my colleagues have brought.
Judge Chitengi: Maybe I lost you. What was your question?
Mwitwa: I was referring the witness of exhibit P19, particularly page three and the very last paragraph. If you could just read the last paragraph of page three.
Lubinda: I wish to inform the House that it was after the advise of the Solicitor General who dealt...
Mwitwa: From the advice that I have referred to you, would you say that advice that was given was adhered to?
Lubinda: It is not up to me to make an opinion on this matter.
Mwitwa: I leave it at that your lordships.
Judget Chirwa: State Counsel Silwamba.
Silwamba: Mr Lubinda, you said that apart from being an elected member of parliament for Kabwata...you are also a member of African Parliamentary Network Against Corruption, in short APNAC.
Lubinda: Yes, my lord.
Silwamba: And also a member of the Global Organisation for Parliamentarians Against Corruption.
Lubinda: Yes, my lord.
Silwamba then asked Lubinda to explain the status of APNAC and its relation to the Zambian Parliament.
Lubinda: My lord, APNAC is a network of African parliamentarians who commit themselves to using their parliamentary positions to contribute to the fight against corruption in their constituencies, in their countries and in their economic and political regions and generally in Africa. Acting on similar lines the Global Organisation of Parliamentarians against Corruption is an association of regional bodies of parliaments such as APNAC...
Silwamba: For our purposes, are all the 158 members of the Zambian parliament members of APNAC?
Lubinda: My lord, APNAC, is a member organisation of parliamentarians who volunteer.
Silwamba: The question is, are all the 158 members of parliament members.
Lubinda: No, your lordship.
Silwamba: Will it be correct to qualify that is a voluntary association. That is a point that we wanted the tribunal to appreciate.
Lubinda: Thank you.
Silwamba: How many members of parliament currently belong to APNAC?
Lubinda: 66, my lord.
Silwamba then asked Lubinda how many parliamentary committees he belonged to.
Silwamba: Now in your evidence this morning, you said that you had read several articles published by The Post newspaper.
Lubinda: I did.
Silwamba: And that you took the initiative, to use your own words, to confront the managing editor Mr Amos Malupenga.
Lubinda: That is correct.
Silwamba: My lord, I might need the exhibit...most of the articles that you read this morning and part of the afternoon refer to a source or a highly placed source. Did you ask Mr Malupenga, who the source or highly placed source was.
Lubinda: I asked Mr Malupenga about the evidence on which they based their story.
Judge Chitengi: If you could answer the question, please.
Judge Chirwa: Did you ask Mr Malupenga about the highly placed source?
Lubinda: My lord, I did ask Mr Malupenga.
Silwamba: Did he volunteer to disclose to you?
Lubinda: No, my lord.
Silwamba: Apart from the Managing Editor of The Post, did you speak with any journalist, as some of the articles you read today had by-lines; one by Amos Malupenga and George Chellah.
Lubinda: No, my lord.
Silwamba: Going back to Parliament, are you aware, I am asking you this question because you are a parliamentarian, of how government ministries and departments are established and by who?
Lubinda: I am my lord.
Silwamba: Please tell their lordships how these are established.
Lubinda: Government ministries and departments and bodies are established either through the Republican Constitution, through an Act of parliament or by the discretion of the head of state.
Silwamba: I would like us to dwell on the...discretion of the head of state. If a president of the republic wants to establish any ministry, does he end there. Is it good enough for him to just say...
Judge Chirwa: He has never worked in the Executive.
Silwamba: He is a member of parliament, they play a role.
Lubinda: On whether it is good enough for the head of state to announce the establishment of a ministry that my lord, is not up to me to qualify.
Silwamba: I will rephrase, my lord.
Have you taken part yourself, in approving...the establishment of a ministry.
Lubinda: I have not taken part in the establishment of any ministry.
Silwamba: You took oath this morning, do you stand by that.
Lubinda: I stand by that.
Silwamba: I will be demonstrating sometime tomorrow, how the Honourable member of parliament for Kabwata did participate. Did you attend the budget speech presentation....
Lubinda: I did my lord.
Silwamba: I take it that you have had occasion to go through that speech...
Lubinda: I have, my lord.
Silwamba: Look at the budget speech in particular paragraph 133 and 134. Mr Lubinda you read to the tribunal paragraphs 133 and 134.
Lubinda read and Silwamba told him from that speech finance minister Dr Situmbeko zero-rated agricultural equipment like hand pumps.
Lubinda: They did, my lord.
Silwamba: So there was VAT payable prior to midnight January 31, 2009. A person in the Republic of Zambia buying a hand pump had to pay Valued Added Tax.
Lubinda: From that statement, yes.
Silwamba: Through parliament, the minister was making hand pumps cheaper by making zero-rated.
Lubinda: VAT was to be zero-rated.
To be continued
Labels: APNAC, CHIBAULA SILWAMBA
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World Bank official urges govt to renegotiate mining contracts
By Speedwell Mupuchi
Thursday March 29, 2007 [02:01]
SENIOR advisor to the World Bank on corruption Eva Jolly yesterday said she was very shocked to see Zambia being deprived of rent from its land through the mining contracts. And Jolly said time was up for Zambia to renegotiate the mining contracts. Addressing members of the African Parliamentary Network Against Corruption (APNAC) at Parliament yesterday, Jolly said some Western companies were plundering African countries by using corruption to get good contracts. "They are honourable but they are using corruption to get good contracts. Corruption is still in use despite the fact that now we have an international convention forbidding it," she said. Jolly urged people to fight for transparency in the so-called tax haven as they fight corruption.
She also said senators in the US estimate that they are deprived about US $40 billion a year through tax havens which she said were also used for transfer pricing. "I think this is an interesting question for Zambia because you have contracts in mining industry which require getting tax on results but it is very difficult to calculate what this result is," she said. "Probably you don't have specialised people to look into the mining companies. It's much safer for you probably to have loyalties than to have taxation on the benefits. Then you can have loyalty on each tonne of copper being exported. It is then easier to control."
Jolly said she was very shocked with Zambia's mining contracts. "Looking at them, I am very shocked that Zambia is being deprived of rent of its land. I think maybe time has come to renegotiate these contracts. These contracts are depriving you of too much," she said. She said Zambia had several arguments to take forward over the issue. "If you can prove that these contracts were elaborated with corruption within them, they can be cancelled... If you can prove that the negotiators from the Zambian side were paid from the mining industry then you can cancel them," she said. "That is the most dramatic way of doing it."
Jolly said there were 70 tax heavens with a third of world wealth. She explained that these are places where authorities do not co-operate with judicial authorities. She noted that money from African countries was getting into European banks without problems. She said huge Western companies were using corruption of African leaders in their own interest. Jolly said till 2003 when the United Nations Convention against corruption was put in place, most countries could still keep money corruptly obtained from other countries.
Jolly also noted Zambia was getting help to retrieve money allegedly stolen by former president Frederick Chiluba. He said lawyers that helped Chiluba's money laundering were not satisfied that the international community was helping Zambia get the money. She said the lawyers were not satisfied because they were used to laundering money and that the case was symbolic and must be carried out because it was self-financing as the country could get the money back. "And you have to win because this is the first time you have democracy, you can really have a conviction of a former leader to pay back the money," she said.
Jolly said although it was expensive, Zambians needed to be steadfast. She said she was working with the World Bank to have a permanent revolving fund for asset recovery. She also said it was important for Zambia to have a non-corrupt and well-functioning anti-corruption and money laundering institution. Jolly, now a former Norwegian-French examining magistrate who served for 20 years as a judge, proposed an establishment of a Financial Intelligence Unit that would monitor financial flaws in and out of the country.
Mbabala UDA member of parliament Emmanuel Hachipuka said he could not comprehend how the National Assembly could be made to allow the development agreements to be above the Zambian constitution. He said he felt President Mwanawasa and the Speaker of the National Assembly had roles to play to state that the bill on mining contracts was ultra vires the constitution.
Hachipuka wondered how it was possible to arm-twist Parliament to the extent of placing development agreements above the constitution.
APNAC chairperson Given Lubinda announced that his organisation would start mobilising resources to deal with issues of the mining agreements. Regional Parliamentarian Network against corruption representative Catherine Namugala said corruption was to a large extent responsible for Zambia's poverty. She passionately appealed for help to repatriate resources from Western countries to address poverty and disease in Zambia.
Labels: APNAC, EVA JOLLY, MINING, MINING CONTRACTS, World Bank
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