RDA to pay BY's company K44bn over termination of contract
By Mwala Kalaluka
Tue 12 Feb. 2013, 15:00 CAT
FORMER defence minister Ben Mwila's company, Wade Adams Piling, will be paid about K44 billion by RDA over its terminated K80 billion Landless Corner-Mumbwa road project.
Mwila succeeded in the arbitration process against Road Development Agency (RDA), which terminated the road contract due to non-performance on Wade Adams' part.
But the RDA says the procurement process to engage a new contractor to complete the stalled Landless Corner-Mumbwa road project following the termination of the Wade Adams contract in November 2011, was advanced.
Sources close to the issue told The Post that Mwila's firm, which had contested the termination of the road contract in the courts of law, had emerged victorious from the arbitration process after the terminated contract's arbitration clause was brought into perspective.
"They just went into the arbitration clause; this is a clause that is in the contract in case of disputes and they found that the RDA handled that contract carelessly from the beginning," the source said.
"So BY Ben Mwila has been awarded about K44 billion and this is money that has been committed to the government."
The sources, however, said out of the K44 billion, Wade Adams Piling was expected to pay off about K11.5 billion that was advanced to it as 15 per cent advance payment prior to commencing the futile road works.
Wade Adams Piling was also advanced with a performance bond of K8 billion and at the time of the termination of the above road contract, the RDA had written to the bank and the insurance firm that guaranteed the performance bond in order to recover the whole amount.
Wade Adams Piling had only done 11 per cent works on the 65-kilometre stretch, which was supposed to be upgraded from gravel to tarred road, at the time the contract was terminated.
Mwila, when asked to comment on the matter yesterday, referred all queries to his lawyers Malambo and Company.
"I have got lawyers, specifically Mr Haimbe (Hamakuni). He is the one you should ask," said Mwila without divulging further details.
But when asked to confirm the new twist in the Landless Corner-Mumbwa road project termination issue, RDA chief executive officer Bernard Chiwala said on Friday that the only thing he knew was that a fresh contractor was being sought.
"Those details," said Chiwala when asked on the K44 billion to be paid to Mwila. "All I know is we are getting a new contractor. We have advanced. The tender is closing on 22nd February, 2013. I haven't been briefed. All I know is that the tender is closing on 22nd February."
Labels: BEN MWILA, RDA
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RDA to pay BY's company K44bn over termination of contract
By Mwala Kalaluka
Tue 12 Feb. 2013, 15:00 CAT
FORMER defence minister Ben Mwila's company, Wade Adams Piling, will be paid about K44 billion by RDA over its terminated K80 billion Landless Corner-Mumbwa road project.
Mwila succeeded in the arbitration process against Road Development Agency (RDA), which terminated the road contract due to non-performance on Wade Adams' part.
But the RDA says the procurement process to engage a new contractor to complete the stalled Landless Corner-Mumbwa road project following the termination of the Wade Adams contract in November 2011, was advanced.
Sources close to the issue told The Post that Mwila's firm, which had contested the termination of the road contract in the courts of law, had emerged victorious from the arbitration process after the terminated contract's arbitration clause was brought into perspective.
"They just went into the arbitration clause; this is a clause that is in the contract in case of disputes and they found that the RDA handled that contract carelessly from the beginning," the source said.
"So BY Ben Mwila has been awarded about K44 billion and this is money that has been committed to the government."
The sources, however, said out of the K44 billion, Wade Adams Piling was expected to pay off about K11.5 billion that was advanced to it as 15 per cent advance payment prior to commencing the futile road works.
Wade Adams Piling was also advanced with a performance bond of K8 billion and at the time of the termination of the above road contract, the RDA had written to the bank and the insurance firm that guaranteed the performance bond in order to recover the whole amount.
Wade Adams Piling had only done 11 per cent works on the 65-kilometre stretch, which was supposed to be upgraded from gravel to tarred road, at the time the contract was terminated.
Mwila, when asked to comment on the matter yesterday, referred all queries to his lawyers Malambo and Company.
"I have got lawyers, specifically Mr Haimbe (Hamakuni). He is the one you should ask," said Mwila without divulging further details.
But when asked to confirm the new twist in the Landless Corner-Mumbwa road project termination issue, RDA chief executive officer Bernard Chiwala said on Friday that the only thing he knew was that a fresh contractor was being sought.
"Those details," said Chiwala when asked on the K44 billion to be paid to Mwila. "All I know is we are getting a new contractor. We have advanced. The tender is closing on 22nd February, 2013. I haven't been briefed. All I know is that the tender is closing on 22nd February."
Labels: BEN MWILA, RDA, ROADS
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DEC arrests BY's wife
By Masuzyo Chakwe
Sat 26 May 2012, 12:45 CAT
THE Drug Enforcement Commission has arrested Benjamin Mwila's wife, Margaret, and a finance manager of Wade Adams Piling and Foundations Zambia Limited for issuing cheques on an insufficiently- funded account and money laundering.
DEC public relations officer Samuel Silomba stated yesterday that Margaret Kakungu Lombe Mwila, 50, of plot number 9721, Chudleigh, Lusaka, was arrested and jointly charged on Wednesday, May 23, 2012 with Hartwell Chazya Sikaundi, 67, a finance manager of flat number 4, Impala Court Northmead Lusaka, for issuing two cheques on an insufficiently funded account.
Silomba stated that this was contrary to Section 33 (I) of the National Payment Systems Act No. 1 of 2007.
He stated that the two, in their capacities as director and finance manager, respectively, of Wade Adams Piling and Foundations Zambia Limited, willfully, dishonestly and with intent to defraud, issued two cheques amounting to K70 million on an insufficiently funded account as payment for two motor vehicles, a Toyota Nadia and a Nissan Datsun from Tokyo Vehicles Limited.
Silomba stated that the suspects would appear in court soon.
On Wednesday, DEC also warned and cautioned Mwila, commonly known as BY, for issuing an undisclosed number of cheques on an insufficiently funded account.
Labels: BEN MWILA, DEC
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DEC warn, caution BY over bounced cheques
By Kombe Chimpinde
Thu 24 May 2012, 12:59 CAT
The Drug Enforcement Commission yesterday warned and cautioned Benjamin Mwila for issuing undisclosed number of cheques on an insufficiently funded account contrary to the national payment systems Act No.1 of 2007.
The interrogation that ended up with officers recording a warn and caution statement lasted over four hours at DEC offices in Lusaka. Mwila, commonly known as BY, was accompanied to the DEC offices by his wife, and sons Abram and Benjamin.
Mwila however snubbed journalists who had been waiting to speak with him outside the DEC premises.
DEC spokesperson Samuel Silomba confirmed Mwila's appearance at the Commission but said that he would give details on the matter later in the day.
Tokyo Vehicles Limited had reported Mwila to the DEC for allegedly obtaining two vehicles by false pretences, through his firm Wade Adams Piling, Foundation and Road Constructions.
It is alleged that Mwila acquired the two vehicles worth K100 million from Tokyo Vehicles Limited and has to date only managed to pay K22 million.
Labels: BEN MWILA, DEC
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COMMENT - Isn't it instructive, that the first thing the crooks do is to bring the country into disrepute?
PF has not brought tension in Zambia- Lubinda
TIME PUBLISHED - Monday, November 28, 2011, 4:04 pm
Information Minister Given Lubinda has castigated Lusaka politician and businessman, Benjamin Mwila for suggesting that the country is under extremetension from the time the PF government took office. Mr Lubinda described as misguided and baseless Mr B.Y Mwila’s negative statements carried in Sunday’s Daily Mail Advertorial.
He says at a media briefing that the PF administration has a duty to protect citizens from innuendos that have the potential to send wrong messages about the government and the country. Mr Lubinda wondered which sections of the country are under extreme tension or people that need to be reconciled as alleged by Mr Mwila.
The Minister emphasized that no persons found guilty of corruption will left to go scot free simply because they are former leaders.
Mr Lubinda says Mr Mwila’s claims are a result of personal anguish arising from government’s termination of the former Nchilenge MP’s road contract in Chibombo.
He says Mr Mwila’s firm Wade Adams failed to fulfil contractual obligations for which it has to refund the government billions of Kwacha.
Meanwhile, Mr Lubinda says former President Rupiah Banda will lose his retirement entitlements if he heeds to Mr Mwila’s advice to continue leading the MMD for the next two years.
In his statement, Mr Mwila urged President Michael Sata to help reduce the extreme tension and reconcile the people.
He suggested that the new government should embrace all people even those that voted against the PF in the September 20, tripartite elections.
[ZNBC]
Labels: BEN MWILA, CORRUPTION, GIVEN LUBINDA, PF, PROPAGANDA
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Chinese firm loses road contract
TIME PUBLISHED - Saturday, November 26, 2011, 10:05 am
IN the continued crackdown meant to bring sanity to the road sector, the Government has terminated the K117 billion-contract awarded to Jianjsu Wjin Corporation for the construction of roads in Kabwe and Kapiri Mposhi districts.
This comes barely five days after the Government cancelled the K80-billion contract awarded to politician, Ben Mwila’s company, Wade Adams Piling, for the construction of part of the Mumbwa-Landless Corner Road in Central Province.
Road Development Agency (RDA) head of public relations, Loyce Saili, said in an interview in Lusaka yesterday that Jianjsu Wjin Corporation Limited was awarded the contract to construct urban roads in Kapiri Mposhi and Kabwe but failed to meet the terms of the contract.
Ms Saili said RDA had now instituted measures to recover the money from the Chinese company so that the tender could be given to another firm.?? This brings the total amount of money that RDA is trying to recover from the two companies to more than K130 billion.
Ms Saili said Jianjsu Wjin Corporation Limited was paid K17.5 billion as advance payment for the road projects that were commissioned in May and were expected to be completed this month. Nothing tangible has taken place on the ground.??She said RDA had written to the bank that guaranteed the funds asking for a refund to ensure that the project did not suffer.
Ms Saili said Jianjsu Wjin was contracted to work on a 34-kilometre road network in the two towns but deserted the project and that the work was below satisfactory levels.??
She also said the contract provided that the Chinese firm should have made available a performance bond within 28 days after the contract was done but failed to do so.??
“This amounts to a fundamental breach of the contract. So as RDA, we had no choice but to terminate the contract. We are in the process of trying to procure another contractor to improve roads in Kabwe and Kapiri Mposhi,” Ms Saili said.
She said RDA had re-aligned its procedures following high levels of irresponsibility exhibited by some contractors. She said RDA was compiling performance records of all contractors and those that would show a poor record would be blacklisted.
Ms Saili said RDA did not want to deal with “makeshift” contractors because it wanted roads to add value to the economy.
“We will be firm in our monitoring and supervision of all the contracts. This will involve sending reminders at every stage where we think work is not being done accordingly,” Ms Saili said.
The company was running as a joint venture with a Zambian consultant.?The letter of termination was written on September 28, 2011 asking the firm to surrender the project back to RDA for deserting and failing to meet the terms in the contract.
Apart from Jianjsu Wjin Corporation, RDA terminated a road construction project valued at about K80 billion with a performance bond of K8 billion for a company owned Mr Mwila.
Mr Mwila is president of National Democratic Focus (NDF) and contested the Nchelenge parliamentary seat on the MMD ticket during the September 20 general elections.
[Times of Zambia]
Labels: BEN MWILA, CHINESE, CORRUPTION, LOYCE SAILI, RDA, ROADS
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Mwata dictates polling agents as BY ‘campaigns' in Congo DR
By Patson Chilemba
Fri 09 Sep. 2011, 14:01 CAT
MWATA Kazembe of the Lunda people of Luapula Province on Tuesday summoned electoral officers in Kawambwa district to his palace and submitted 19 names of people he has chosen to be polling assistants in this year's election.
Well-placed sources within the royal foundation disclosed that Mwata Kazembe (right) was doing everything possible to ensure an MMD victory because he did not want to be embarrassed for imposing Dr Chriticles Mwansa as parliamentary candidate in Mwansabombwe.
"He called the returning officer for Kawambwa Mr Mupesha and also Mr Mpundu who is the chairperson of the selecting committee for polling assistants. He also called Mable Shaw High school headteacher Mr Zyambo, who is also the vice-chairperson of the select committee and gave them 19 names of people to be polling agents or polling assistants," the source said.
"He called them on Tuesday, around 19.00 hours. Among those included on the list are Amos Kombe, Musa Kabeya, who is also his Mwata's nephew and assistant campaign manager for the MMD in the area, and he is the one who has been going to Radio Kashobwe in Congo to speak on MMD campaigns. Matildah Chibwe, who is his representative's daughter, Mutiti, has also been picked to assist with the voting since most of the people here are illiterate."
The sources said the Electoral Commission of Zambia (ECZ) and the Anti Corruption Commission (ACC) should do something about the matter because Mupesha and Zyambo were known to have close ties with Mwata Kazembe.
Attempts to reach Mwata Kazembe for a comment failed as his mobile phone went unanswered.
The sources further said that Nchelenge MMD parliamentary candidate Ben Mwila on Tuesday sailed into Kashobwe, in the Democratic Republic of Congo (DRC), using a boat from the Fisheries Department.
The sources said Mwila used Chipita harbour to get into the DRC.
"He went there with bails of MMD chitenge, a megaphone, a ream of stickers, CD loader and other campaign materials in Congo. Now we are wondering if we have voters in Congo also. The one who took him to Congo is a Fisheries Officer, Chama," said the sources.
Labels: BEN MWILA, CHRITICLES MWANSA, DRC, MWATA KAZAMBE
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How did Rupiah free Chiluba from corruption charges?
By The Post
Wed 03 Aug. 2011, 14:00 CAT
Ben Mwila says it will be abominable if the people of Luapula refuse to vote for Rupiah Banda because he freed the late Frederick Chiluba from corruption charges. Mwila says:
“That’s why PF became strong. Twalefwaya yapususha ba Chiluba. Nomba ba Chiluba balibapususha kale kuli ba Banda ababapele nomuchinshi ukulu sana ilyo lintu batushile pano isonde We wanted PF to free Chiluba, but Chiluba was freed by Banda and even accorded him the due respect when he died. Kanshi umulimo wa PF lilyanshita yalipwa. So we the people of Luapula, let us redeem ourselves. If we make the mistake of not voting for Banda, awe chikaba chilubo it will be abominable. Pantu ba Banda nabatuposake amino sana Banda is taking good care of us.”
What does Mwila mean when he says that Rupiah freed Chiluba? How did Rupiah free Chiluba from his corruption charges which were before our courts of law?
The only possible way Rupiah could have freed Chiluba from his corruption charges would have been through a presidential pardon after he was convicted. But there was no such thing; which leaves the question of how Rupiah freed Chiluba from his corruption cases still begging for an answer.
Under these circumstances, the only possible way Rupiah could have freed Chiluba from his corruption cases was through interference with the judicial process. And this could have been done by telling the courts of law to deliver a judgment that he wanted by acquitting Chiluba. This is probably what happened looking at the nature of the judgment that was passed by our Magistrates’ court acquitting Chiluba. That judgment was extremely faulty in so many ways. And one didn’t need to be a lawyer to see that the judgment was faulty in so many ways. Secondly, this is confirmed by Rupiah’s own conduct. Before even the reading of that judgment was concluded, Rupiah was in Kabwe, justifying it and asking the Zambian people to accept it. And after that judgment was passed, Rupiah continued to campaign for its acceptance. And the appeal that was filed by the Task Force on Corruption against that judgment was withdrawn by the Director of Public Prosecutions for no good reason whatsoever. The Director of Public Prosecutions’ decision to withdraw that appeal was not based on law. There was clearly a political order for him to withdraw it. And in our view, that order could not have come from anyone other than Rupiah himself. Many political statements justifying that decision were made by Rupiah and his minions.
The other issue was an equally very faulty decision by the High Court not to register the judgment that was obtained by the Zambian government in the London High Court, ordering Chiluba to pay back to our people more than US$45 million he had stolen. Again, that decision was not appealed by the Attorney General despite legitimate and sound legal arguments and political pressure for them to do so. And today, that loot is part of Chiluba’s estate instead of it being given back to Caesar.
So, Mwila is not talking from without when he says Rupiah freed Chiluba. Indeed, Rupiah freed Chiluba. How? By abusing our judicial process; by interfering with the judiciary. From this decision, it’s very clear that Rupiah interferes with the judiciary, that Rupiah gets what he wants from our courts of law. It is also clear that the independence of our judiciary under Rupiah is not what it should be – it is compromised. What we have today is a judiciary that serves Rupiah’s interests. And anyone who takes Rupiah to court or who has a matter in court in which Rupiah has an interest should always bear this in mind that the scale of justice is not even. The administration of justice in Zambia is in accordance with Rupiah’s wishes. If anyone finds what we are saying unacceptable, untrue or to be without basis, let us examine in full or in totality the way Chiluba was acquitted and the way this entire case was closed. Let us also examine the way the registration of the London High Court judgment against Chiluba was dealt with. And let us try to establish where Rupiah stood in all these issues.
The way Rupiah is dealing with our judiciary to get what he wants reminds us of the history of justice in the world. It reminds us of the fact that the idea of independence of the judiciary in our country is stuck to where it was in the old centuries. If we go back in history, we shall generally find that, although the notion that justice should be fairly administered may well have been accepted, those who adjudicate it or settled cases were not expected to be in any real sense “independent”. Thus, in medieval England, from which we have derived our own national legal system, justice was a royal prerogative, which the ruler carried out through his appointed officials or justices. As such, not only was there no separation of powers, but those who judged were agents of those who ruled. Looking at the behaviour of Rupiah in the Chiluba cases, it is clear that our judiciary’s independence may be more theoretical than real. Try to have a case with Rupiah today and see how the entire judicial system will come out to protect him!
But we all know that independence of the judiciary is an essential pillar supporting the rule of law. What we are starting to see in this country is not the rule of law but the rule of Rupiah. It is not enough to say the courts should follow and apply the laws faithfully and equally to all. One must in addition demand that there should be no dispensing power vested in the executive or other body which should relieve a person from the duties and processes of the law. Mwila is telling us that Chiluba was relieved from the duties and processes of the law by Rupiah. And no one in government has disputed what Mwila is saying! Why? It is because they know that what Mwila is saying is the truth. These are not people who sleep over what they don’t agree with; they quickly rush to denounce or dispute that which they don’t agree with or that which they find injurious to themselves.
Let us not forget that the rule of law is anchored on the right to equality before the law, or equal protection of the law as it is often phrased. And this is fundamental to any just and democratic society. Whether rich or poor, political ally of those in power or opponent – all are entitled to equal protection before the law. And under no circumstances should those in power impose additional inequalities; they should be required to deal evenly and equally with all our people. No one is above the law, including Rupiah himself. This is important because when laws are established by people who then have to obey them, both law and democracy are served. For this reason, Rupiah’s abuse of our judiciary should be stopped.
Labels: BEN MWILA, CORRUPTION, FREDERICK CHILUBA
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Mwila urges Luapula to vote for Rupiah because he freed Chiluba
By Patson Chilemba and Simon Mutuna in Mansa
Sun 31 July 2011, 14:00 CAT
IT will be abominable if the people of Luapula refuse to vote for Rupiah Banda because he freed late Frederick Chiluba from his corruption cases, says Ben Mwila. And Vice-President George Kunda was on Friday afternoon booed by a huge PF crowd when his motorcade made its way from the Mansa Airport to the lodge where he was staying.
Meanwhile, Vice-President Kunda failed to mention any developmental achievements his government had scored in Luapula Province, but directed his speech at attacking PF leader Michael Sata, Post editor Fred M’membe, Law Association of Zambia president Musa Mwenye and Sebastian Zulu, despite earlier saying that the MMD would focus their campaigns on their successes.
Addressing MMD cadres and civil servants, mainly teachers, at Mansa Airport on Friday afternoon, Mwila, who is National Democratic Focus (NDF) president but has been adopted to stand on the MMD ticket in Nchelenge despite being rejected by all the ruling party grassroots, said the people of Luapula had made a bad name for themselves in the previous elections when they voted for Sata and the PF.
He said the people supported PF on the basis that they were going to free late former president Chiluba, but that they should now vote for President Banda who freed the former president.
“That’s why PF became strong.Twalefwaya yapususha ba Chiluba. Nomba ba Chiluba balibapususha kale kuli ba Banda ababapele nomuchinshi ukulu sana ilyo lintu batushile pano isonde We wanted PF to free Chiluba, but Chiluba was freed by Banda and even accorded him the due respect when he died,” Mwila said.
“Kanshi umulimo wa PF lilyanshita yalipwa. So we the people of Luapula, let us redeem ourselves. If we make the mistake of not voting for Banda, awe chikaba chilubo it will be abominable. Pantu ba Banda nabatuposako amano sana Banda is taking good care of us.”
And Vice-President, who started his address by asking people to observe a minute of silence in honour of Chiluba, whom he described as a great son of Africa, Zambia and Luapula Province, asked Sata and UPND leader Hakainde Hichilema to observe the Electoral Code of Conduct, saying the MMD would try as much as possible to do that.
He said the MMD was obliged to be factual in the campaigns and would talk about their developmental achievements.
But without mentioning any specific developmental achievements, Vice-President Kunda concerned himself with issuing personal attacks on Sata, M’membe, Mwenye and others.
“Now of course Michael Chilufya Sata and his cronies I know they will be straining themselves to observe the code because they have no agenda for this country,” he said.
Vice-President Kunda said the election date had been announced but the PF was yet to announce its candidates.
He said Sata attacked him recently that he was an imposter in MMD, but the party had to grow with time and could not be expected to have the same members it had in 1991.
Vice-President Kunda said the government had past copies of The Post where the newspaper referred to Sata as a bad leader and a corrupt person.
He said they shall use The Post newspaper which he said was trying to cleanse Sata in the campaigns.
Vice-President Kunda said the government would expose the corrupt activities of lawyer Sebastian Zulu for criticising the corruption in government.
“The people of Zambia had forgotten and perhaps forgiven him for his misdeeds and corrupt activities when he was in government but now he wants to start accusing us of corruption…we shall expose his troubled past,” he said.
Vice-President Kunda attacked M’membe and Mwenye, saying he might have joined the PF because he was speaking like their spokesperson.
“I know that he is under the influence of Mr Fred M’membe of The Post Newspaper. The way things look to me it’s like Mr Fred M’membe is the president of the Law Association of Zambia because he drives the agenda through The Post,” Vice-President Kunda said. “So Mr Mwenye is just like a facade, a mask. When you remove that mask, behind the mask it’s Fred M’membe who is driving the Law Association of Zambia and Mr Sata. So please redeem our association. I am a member of LAZ. It should be above board. Keep away from these two politicians, Fred M’membe and Michael Sata. Your professional reputation will be damaged beyond repair.”
Vice-President Kunda said Mwenye should work with the government to provide a good legal system.
“Don’t fight political battles on behalf of Mr Michael Chilufya Sata as you are doing, also battles for Mr Fred M’membe,” said Vice-President Kunda.
After finishing the address, Vice-President Kunda was quickly whisked away by his motorcade to the lodge.
But while his motorcade made its way from the airport, people just lined up the streets and seemed more mesmerised by the rare sight of a Vice-Presidential motorcade and its movement than the person it was carrying.
None of those who lined up the streets was seen raising the MMD symbol, but several were seen flashing the PF symbol at the Vice-President.
At one stage, Vice-President Kunda’s motorcade encountered a huge PF group who raised their party’s symbol and were heard booing the Vice-President and saying that he was wasting his time in Mansa.
Although word was given to the people in the town that the Vice-President would be in the area, many shunned going to the airport.
The crowd that received Vice-President Kunda was made up of few MMD cadres, who were outnumbered by the civil servants, mainly teachers.
Some of the teachers spoken to said they were given strict orders to ensure they were present at the airport when the Vice-President arrived.
When Vice-President arrived he waved the MMD symbol towards the direction where the civil servants stood but they just folded their arms.
Earlier, police in Mansa arrested a PF member and impounded three cars which were carrying some PF members who were dressed in red T-shirts and wanted to red card Vice-President Kunda.
The PF members drove in town in readiness of red carding the Vice-President as he passed through from the airport. Police officers intercepted them and pleaded with them not to go ahead and let the Vice-President to pass freely.
But the PF cadres shifted their camp and went to near the provincial administration and started singing in solidarity of Sata.
Police officers followed them and advised them not to bring trouble because it is not their day.
Luapula Province Commanding Officer Godwin Phiri confirmed that his officers had a chat with their leader whom they advised not to bring trouble in town.
Labels: BEN MWILA, FREDERICK CHILUBA, RUPIAH BANDA
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BY is jealous of Sata – Kabimba
Written by Patson Chilemba
Monday, June 15, 2009 3:03:04 PM
PATRIOTIC Front (PF) secretary general Wynter Kabimba yesterday said NDF president Ben Mwila is jealous of PF president Michael Sata because he has failed to reach the political levels and recognition which the PF leader has attained.
Reacting to Mwila's statement that the Republican President should have a minimum diploma qualification and that some political party leaders specialized more in insulting other people rather than offering solutions, Kabimba said the statement by Mwila was understandable because he had failed to reach PF president Sata's political acumen and recognition even at the height of his [Mwila's] popularity.
He said Mwila should be ashamed that he claimed to be president of a political party when he was the only member of parliament of the same party.
Kabimba said there were more than 3000 council positions in the country but Mwila's party had no single councillor.
"If you look at his members of NEC from the so-called political party, it's his wife, elder sister and the rest are relatives. Just go anywhere in this country and see if you can find a member of his party," Kabimba said. "So, Mr. Mwila even at the heights he reached politically through his relationship with Frederick Chiluba, and literally buying his way into Chiluba's relationship...that he is Chiluba's relative. He personally told me that he was not related to Chiluba when we were in ZRP. I'm surprised that this time around, he said he lent some money to Regina because Chiluba was his relative."
Kabimba said Sata had attracted a lot of attention from his political opponents because he was a very big threat.
"If you are not able to organise your political party even at councillor level, of course it will make sense that you will become jealous of those who have organised their political parties," Kabimba said. "Michael, even with his humble education has been able to attract political levels and recognition which Ben Mwila will never at any time attain."
Kabimba said it was unfortunate for Mwila to expose his ignorance that South African President Jacob Zuma was qualified at diploma level.
He said it was clearly documented even in South Africa that President Zuma had no formal education.
Kabimba said leadership was not derived from being a diploma or degree holder.
He said President Rupiah Banda had told the nation that he was a degree holder, but if his performance was anything to go by, then he had given a bad account for degree holders.
"I don't know whether he [Mwila] has a diploma from any college, maybe that is why he has reduced it from a degree to diploma in order to cover himself," said Kabimba.
Mwila, who sits on the executive committee of the National Constitutional Conference (NCC), said there should be a clause in the Constitution requiring a presidential candidate to have formal qualification with the minimum being a diploma holder.
Labels: BEN MWILA, PF, SATA, WYNTER KABIMBA
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Let’s defend our magistrates, judges
Written by Editor
It was frightening to listen to what Ben Mwila and Peter Machungwa were saying in Parliament the other day. It was equally shocking to listen to the favourable response and support they were getting from the executive side of the House. Mwila told the House that the Task Force on Corruption and some donor countries had hijacked the Zambian judicial system. And this has resulted in several injustices.
“I have observed that our justice dispensation started going wrong in 2001. Before that, the justice system in the country was well managed. We are bringing the Task Force to run this country with donors. Yes, they support our budget deficit but we don’t need them to run our justice system. These donors use the Task Force to target certain individuals they don’t like.
And if a political party is led by the person they don’t like, they will destroy him using the Task Force. But I have confidence in the Honourable Minister of Justice who is also the Vice-President, and I hope that he shall not let the donors run our country through the Task Force.”
This is what Mwila told Parliament amidst cheers of “hammer, hammer” from the executive’s side of the House.
And Mwila added: “The justice dispensation system has deteriorated now. I was privileged to have been minister of defence for eight years. And our own laws stipulate that matters to do with the defence forces have to be tried by a court marshal. But now we are abrogating our own laws where we try our military personnel in courts and not court marshals. That is total abrogation of the fair justice system. Things are totally going wrong and the Task Force is one way of avoiding our justice system. I hope his honour the Vice-President will have a stronger voice to rectify the situation.”
And Machungwa pulled the string a little further: “Indeed the fight against corruption is very important, but it must be done quietly. It is very unique in a country to find all defence chiefs convicted, especially in the middle of agreements signed with some countries who have been funding the fight. And have signed that these individuals be convicted, maybe. The fight should not be targeted against certain individuals, crime is crime. Certain people have become targets in this fight. Let us ensure that citizens are treated in the same manner, lest we endanger peace and security of the country. We know that our judicial officers are empowered by the law to sometimes use discretion. And they sometimes use this discretion to punish by giving unnecessary adjournments. Please don’t abuse discretions when matters are to be decided.”
This is what Mwila and Machungwa told the House on Wednesday. And this is what members of Rupiah Banda’s government were supporting and cheering.
But what do these utterances by Mwila and Machungwa amount to? What do they mean? And what are the consequences of what these two gentlemen were saying?
We don’t want to say what Mwila and Machungwa are saying amounts to contempt of court. But we will not hesitate to say that their statements are intended and have the consequence of undermining our courts of law, our magistrates and judges. They have the consequence of reducing the credibility of our courts of law and of our entire judicial process.
And we have no doubt Mwila and Machungwa know this. We also have no doubt that those who were cheering, those who were supporting them, know this very well as well. But why have they decided to take what clearly appears to be a reckless and irresponsible approach to these issues? The only discernible thing that they seem to be doing this for is politics and personal interest, greed and vanity. They all know very well that soon, it may be their boss, their friend, their relative Frederick Chiluba who may be convicted in a similar manner. But what is sad is that their behaviour, their attitude to all these things is similar to that of George Kunda and is being supported openly by members of Rupiah’s government. This confirms what we have been saying about George’s attitude towards the fight against corruption, and the Task Force in particular. Even Mwila and Machungwa are confirming this and see him as their ally, a sympathiser to all these people who are being convicted for corruption.
But for all their desperation, we beg them to leave the courts of this country alone and let them do their job without interference or undue pressure.
If they succeed in destroying the credibility of our judiciary, of our courts, of our magistrates and judges, then this country is in for very dangerous and difficult times. Right now, the judiciary is the only institution where people with all sorts of grievances, frustrations, displeasures are turning to. Even politicians with what are clearly political problems, and not legal ones, are turning to the judiciary. If we recklessly and stupidly destroy the credibility of our magistrates, of our judges, we will have so many conflicts that we will fail to resolve, and this country will be in turmoil, in flames. We will fail even to resolve simple electoral disputes.
The process that George and his friends of all hues have embarked on is very dangerous. If you start a process in which the key democratic or governance institutions of our country like the judiciary begin to be destroyed, that process is very negative, is very dangerous. They have unleashed a process that may destroy the authority, dignity and standing of our magistrates and judges. In this way, they are destroying one of the pillars of orderly governance in this country. If you destroy the standing, the authority of our courts of law, the consequences are terrible. And these characters are making an enormous mistake by failing to foresee the consequences of what they are doing. And when all the negative tendencies are unleashed, opportunistic elements will also be introduced, to further destroy this country.
There is need for our people to stand up and defend certain principles that are of tremendous value at a time of confusion and opportunism in our country, a time one might call the deification of politics.
There is totally nothing wrong or questionable with these corruption cases and the sentences that have been handed to those found guilty. After all, Chiluba is on record refusing to accept the London High Court judgment in which he was found to be a thief. Chiluba preferred to be tried by a Zambian court and today, his friends don’t want to accept the fact that the Zambian courts have conducted these cases in the best way possible and have handed the most appropriate sentences to everyone. There is no one who has been accused of corruption who can claim that he was not accorded a fair hearing and due process. Some of them have even appealed to the High Court and Supreme Court and have still been found guilty.
What Mwila and Machungwa are insinuating is that our magistrates and judges are corrupt. They are being given orders by donors and other forces to convict innocent people. Can this be said to be true? The answer is a categorical no. These people stole and that is why they have been convicted at all levels of our judiciary. It is stupid to suggest that our magistrates, our High Court and Supreme Court judges are under the direction of donors.
But this is what happens when top leaders of a country like George start to behave in such a treacherous way and opt to support and defend that which is wrong for political expedience and other petty reasons of ego and jealousy.
And this is what the electoral alliance of Chiluba and his corrupt friends and Rupiah means. Chiluba told the nation that he doesn’t support anything for nothing. They are panicking now. They can’t believe the convictions of their friends. And desperate people do desperate things. This group is not different from the group that is today facing corruption charges in our courts of law and is being convicted. That’s why they are friends. That’s why they are playing in the same league.
Well, it gets dark sometimes, but the morning comes. The Zambian people should not surrender. Suffering breeds character. Character breeds faith. In the end, faith will not disappoint.
But we need a political leadership that squares up to these challenges, one that is true and honest.
The daily deeds of our leaders must produce an actual Zambian reality that will reinforce our people’s belief in justice, strengthen their confidence in the nobility of the human soul and sustain all their hopes for a glorious life for all and not just for a few corrupt elements. We should all work to ensure that the fruits of the work that has gone on in our country since independence do not only benefit a few.
And we say all this with a full knowledge and belief that no section of our nation has all the virtues, neither does any have all the vices. We are quite sure that most people try to do their jobs as best they can, even if the result is not always entirely successful. He who has never failed to reach perfection has a right to be the harshest critic. There can be no doubt, of course, that criticism is good for people and institutions that are part of public life. No institution should expect to be free from the scrutiny of those who give it their loyalty and support, not to mention those who don’t. But we are all part of the same fabric of our national society and that scrutiny, by one part of another, can be just as effective if it is made with honesty and understanding, and not with lies and malice.
We urge all Zambians to commit themselves to the construction of a complete, fair, just and humane Zambia. And the best way to do this is to join the fight against corruption and stop the likes of George from having their way. George has a record of stopping genuine and legitimate prosecutions of corrupt elements. He has a record of defending corruption, of supporting that which is wrong, that which is corrupt. And this is why Mwila and Machungwa are exalting his name in their defence of the corrupt generals who have been jailed for their evil deeds.
Let’s defend our courts of law, our magistrates and judges. If we fail to do so, the consequences will be devastating.
Labels: BEN MWILA, CORRUPTION, PETER MACHUNGWA, TASK FORCE
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Financial accountability in public service cheers PAC
Written by Mwala Kalaluka
THE Parliamentary Public Accounts Committee (PAC) on Thursday noted that Zambia is on the right track to improving financial accountability in the public service. Delivering a report of the committee on the Auditor General’s accounts of the financial year ended December 31, 2006, PAC acting chairman Ben Mwila said it was worrying however that the failure to discipline erring officers had continued.
“What was witnessed was the same old story,” Mwila said. “The report that is before this House is quite voluminous not because there were a lot of financial irregularities.” Mwila explained that the above scenario was as a result of the increased operational capacity office of the Auditor General.
He said 40 ministries, provincial administration, spending agencies and 17 foreign missions were audited during the period under review.
“What would be of interest is perhaps the movement of the figures,” Mwila said.
He said compared to 2005, the biggest spending agencies – Ministry of Health and Ministry of Education – had recorded fluctuations in the levels of misapplication and misappropriation of public funds.
Mwila said in some cases, there was a reduction in the amounts misappropriated or misapplied by the two ministries between 2005 and 2006.
He said controlling officers attributed the situation to inadequate budgetary allocations, a development that caused the varying of the funds.
“The concern of your committee is the failure by controlling officers to seek authority when they vary funds,” he said.
Mwila said another concern for PAC was the misapplication of funds from the Poverty Reduction Programme (PRP) towards meeting Recurrent Departmental Charges (RDCs).
“The Ministry of Finance and National Planning needs to put a stop to this practice forthwith,” he said.
Mwila also urged the Executive to put in place measures that would stop the increase in the amount of unretired imprest in view of the fact that the public service operates on bureaucratic systems, key of which was following rules and procedures.
“It is very difficult to discipline erring officers in the public service. As long as this remains so, all the efforts to encourage transparency and accountability will not yield tangible results,” said Mwila.
Seconding the report, Chililabombwe PF member of parliament, Esther Banda urged the government to find a better way of auditing unserviceable stores in the country’s foreign missions.
Banda also asked the Ministry of Foreign Affairs to ensure that the country’s properties abroad were well secured, as political systems change time and again.
Bangweulu PF member of parliament Joseph Kasongo said the few people that were pocketing public funds would continue to undermine the government of the day if they were not dealt with sternly.
PAC held a total of 23 meetings to consider the report of the Auditor General.
Labels: BEN MWILA, ESTHER BANDA, JOSEPH KASONGO, PAC
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BY claims he lent Regina $100,000 without collateral
Written by Inonge Noyoo
Tuesday, November 25, 2008 2:43:36 PM
NATIONAL Democratic Focus president Ben Mwila has claimed that he lent former president Frederick Chiluba's wife Regina US$100,000 without collateral.
Mwila was testifying in the matter in which Regina is charged with six counts of failing to account for property and receiving goods believed to have been stolen.
He told court that there was no agreement or any documentation to confirm that he lent Regina any money.
Mwila said there was nothing unusual about him lending such an amount of money without collateral because he had done that before.
He said he had given US$500,000 to legal counsel Oliver Chilembo when he wanted to take over some company in 1995, that he had dealings with late Baldwin Nkumbula where he gave him US$150,000 and that he gave US$160,000 to Richard Mulenga in 1975 without any collateral.
Mwila said Regina needed money for her business to buy property and he would not know what she used the money for.
He said he never followed people he lent money to find out what they did with it.
Mwila said he had known Regina from the time she was an MMD constituency official and district official to the time she was Copperbelt provincial chairlady.
He said at the time Regina was a provincial chairlady, he was national treasurer for the MMD and he would most of the time call her to arrange his meetings on the Copperbelt.
Mwila said she knew Regina as a hardworking entrepreneur and because he knew her, there was nothing wrong with him to help her if she had a cash-flow problem.
The matter comes up on March 3, 2009 for judgment.
Labels: BEN MWILA, REGINA CHILUBA
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BY to contest presidential by-election
By Patson Chilemba
Monday August 25, 2008 [04:00]
NATIONAL Democratic Focus (NDF) president Ben Mwila yesterday said he will contest the forth-coming presidential by-election. In an interview, Mwila said he rated his chances very high to win the election because all the political parties had equal opportunities of winning the presidency.
He said the Movement for Multiparty Democracy (MMD), Patriotic Front (PF) and United Party for National Development (UPND) were not political heavyweights.
Mwila said NDF had been re-organising and mobilising in the last two months.
He said he had an elaborate programme to develop Zambia.
Mwila said the growth the nation was currently experiencing was not trickling down to the ordinary masses and that he would change this once elected.
He said Zambians should benefit from the country's wealth.
Mwila also said he would seek to unite the nation once elected because there was so much tension in the country.
Mwila said he would launch his campaigns after the burial of the late President Levy Mwanawasa who died last week in Paris, France.
Labels: BEN MWILA
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Politics should not be a career, says BY
By Mwila Chansa
Tuesday February 26, 2008 [03:00]
NATIONAL Democratic Focus (NDF) president Ben Mwila has attributed the existing confrontation in Zambian politics to the tendency by people to solely depend on politics as a career. In an interview, Mwila who is Nchelenge NDF member of parliament said politics of confrontation was bad and unacceptable.
“Politics should not be a career; that is the mistake that we make in this country. Because people don’t have any fall back, they tend to be confrontational to defend their cause,” he said.
“They will just sit and wait for you to call them so that they issue statements and get heard, regardless of who it hurts.”
He said much as it was good to articulate politics, there was need to inculcate a new culture especially in the youth, and that they could pursue alternative careers to politics.
And Mwila advised opposition political parties to get organised if they were to form government in 2011.
“If the NCC adopts recommendations of the Mung’omba CRC that a president should be elected by 50 plus 1, it will mean that for one to be president, they would have to campaign in all corners of Zambia so I think there will be need for the opposition to start talking to each other in an effort to come together,” Mwila said.
“Even the ruling party should start lobbying to entice some opposition parties that they can work with because MMD on their own cannot muster 50 plus 1.”
Mwila said the outcome of the Kanyama by-election had taught the opposition that with their continued fragmentation, they could not form government.
Labels: BEN MWILA, POLITICS
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BY a 'corporate amphibian'
By Bivan Saluseki
Monday April 16, 2007 [04:00]
OPPOSITION ZRP president Ben Mwila yesterday called himself a 'corporate amphibian' who was still sorting out his papers before he could declare his assets to the Chief Justice. In an interview yesterday, Mwila said he had not yet declared his assets.
"I am just putting papers together. I am a corporate person. I am an amphibian. We have to get the papers ready," he said.
In 2001 Mwila was the wealthiest presidential candidate with a net assets' value of K26.7 billion. He was followed by late UPND president Anderson Mazoka and President Levy Mwanawasa with K10.8 billion and K5.8 billion respectively.
In 2006 though, President Mwanawasa's assets were valued at K9.8 billion.
United Democratic Alliance (UDA) presidential candidate Hakainde Hichilema emerged as the wealthiest of all the five aspiring presidential candidates with a net worth of K23.6 billion, declared to Chief Justice Ernest Sakala.
Mwila did not want to talk more about his assets but promised he would soon declare them since the financial year ended 31st March.
Mwila said he woke up very early because he was a hard worker and could not afford the luxury of sleep.
Mwila said he should not be written off in the 2011 elections.
He said some people thought since he was the only one in Parliament, the party had seized to exist.
"Sooner or later, they will be surprised. Our party has never died. We went through unnecessary turbulence," he said.
Mwila said ZRP did not believe in confrontational politics.
"We want to entrench democratisation and economic development as one of our cornerstones. We are not there for confrontational politics. Watch us in 2011. They are talking about 50 per cent plus one in the new constitution not so? Can you write us off?" he asked.
Mwila said his constituency (Nchelenge) was still facing problems of water shortages.
Mwila said despite government stating that it had spent K2 billion to rectify the problem, residents still had no access to running water.
And Mwila said Zambia's resources were now free for all. Mwila said what was coming out of Parliament through the Public Accounts Committee showed that resources were free for all.
He said such misuse of public resources was linked to a weak constitution.
Mwila said a good constitution would guard against careless misuse of resources.
He said it was the wish of every Zambian that they had a new constitution and there was no need to be acrimonious over the document.
Mwila said Zambians were peaceful people and should demand for a constitution in a peaceful way.
Mwila said it was a pity he was not invited for the Oasis Forum consultative meeting at Mulungushi International Conference Centre.
Labels: BEN MWILA, CONSTITUTION, VERNON MWAANGA
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