Probe team warn, caution Andrew
By Bright Mukwasa
Wed 30 May 2012, 13:29 CAT
FORMER president Rupiah Banda's son, Andrew, was yesterday warned and cautioned by the investigative wings for allegedly soliciting for payment from an Italian construction firm and over money suspected to be proceeds of crime.
And the investigative wings also formally charged Zhongui Mining Company, through their lawyer Bonaventure Mutale, for alleged corrupt practices with former mines minister Maxwell Mwale.
Investigative wings in late April interrogated Andrew, who is also deputy High Commissioner to India, for allegedly soliciting for a cut from Italian construction company, Fratelli Locci for a road contract transaction entered into with the government, and over money suspected to be proceeds of crime, allegations he denies.
Investigative wings spokesperson Namukolo Kasumpa said Andrew appeared before the probe team where he was warned.
Kasumpa said Andrew had been cautioned for allegedly soliciting and receiving gratification contrary to the anti-corruption Act No 3 of 2012 and for being in possession of property suspected of being proceeds of crime contrary to section 71(1) of forfeiture of proceeds of crime Act No. 19 of 2010.
"Mr Banda is alleged to have solicited a two per cent payment from an Italian Construction Company against payment received from the Road Development Agency on both current and future projects. The solicitation is alleged to have been by way of an agreement dated 22nd June 2011 signed by Mr Banda and Antonelli Locci and witnessed by Mr Banda's daughter," Kasumpa told journalists yesterday.
"Mr Banda further failed to account for the deposits made to his Stanbic Bank personal account amounting to K360,330,000. The money is suspected to be proceeds of crime."
His lawyer Sikota told The Post early this month that investigative wings have asked Andrew to submit a long list of things he used to buy in his house.
And Kasumpa said Zhongui Mining Company and Mwale would appear in court on Friday, June 1, for alleged corrupt practices with a public officer contrary to section 19(2) as read with section 40 and 46 of the anti-corruption Act No. 38 of 2010.
"Particulars of the offence are that on dates unknown but between July 1, 2011 and August 31, 2011 at Lusaka district, Zhongui Mining Company corruptly gave K473,466,485 million as gratification to one honourable Maxwell Moses Boma Mwale, a former minister in the Ministry of Mines as inducement or reward for the awarding of Mining Prospecting Licences for its mines in North Western Province and other subsidiaries," said Kasumpa.
Mwale is already facing cases in court for alleged abuse of public resources.
Labels: ANDREW BANDA, BONAVENTURE MUTALE, CORRUPTION, COURTS, RUPIAH BANDA
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Magistrate finds Mpombo with a case to answer
By Abigail Chaponda in Ndola
Fri 28 May 2010, 07:10 CAT
GEORGE Mpombo was yesterday found with a case to answer in the matter where he is charged with issuing a cheque on an insufficiently funded account. And Ndola chief resident magistrate Kelvin Limbani set July 16, 2010 as the date of judgment in the matter.
Opening his defence led by lawyer Bonaventure Mutale, Mpombo told the court that Ndola businessman Ian Findlay told him not to be in a hurry to pay back the K10 million debt because the two were related. Mpombo (right) testified that on December 10 last year, he visited Findlay who was excited to see him.
“Findlay was excited to see me and we discussed a lot of things. He asked me why I resigned and we also talked about politics. Findlay also told me that the MMD party president President Rupiah Banda had promised him Findlay to be MMD Copperbelt provincial chairman,” Mpombo explained.
At this point, magistrate Limbani reminded Mpombo to restrict himself to matters relating to the cheque.
Mpombo said he told Findlay that his two tractors had a problem with the hydraulic system and had been parked.
He said he told Findlay that he needed K10 million to repair the tractors.
“After I explained to Mr Findlay, he was sympathetic with me and he gave me K10 million cash in exchange for a post -ated cheque of K10 million which was drawn to my account,” he said. “I issued a post-dated cheque because I knew that my account had inadequate funds. Mr Findlay was aware that my account had inadequate funds and I drew up a cheque of K10 million and I put 18th December 2009.”
Mpombo said on December 17, he called Findlay and asked him not to cash the cheque because there was no money in his account.
He explained that Findlay told him not to push himself as he could pay the money on any other day.
Mpombo denied the allegation that he wanted to defraud Findlay, arguing that he told him not to deposit the cheque because he was still looking for money.
State prosecutor Lawrence Mudenda in cross-examination asked Mpombo to disclose how much money he had in his account.
In response, Mpombo said there was K46,000 in the account and that was the reason he asked Findlay not to deposit the cheque.
In re-examination, Mpombo confirmed that there were inadequate funds in his account and that Findlay told him not to rush to pay back the debt because he was his in-law.
Mutale then closed the case and magistrate Limbani gave both parties two weeks in which to hand their written submissions to the court.
Labels: BONAVENTURE MUTALE, COURTS, GEORGE MPOMBO, IAN FINDLAY
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Sata to take legal action against Teta
Written by George Chellah
Sunday, May 31, 2009 4:23:15 PM
PATRIOTIC Front (PF) leader Michael Sata has instructed his lawyers to take legal action against MMD spokesperson Benny Tetamashimba for alleging that one of the suspects in the Ministry of Health K10 billion scam Henry Kapoko funded his election campaigns.
According to a letter dated May 27, 2009 to his lawyer Bonaventure Mutale SC of Ellis and Company, Sata instructed his lawyers to take legal action of libel and defamation against Tetamashimba, who is also local government minister.
"Please find enclosed herewith a wild statement by Tetamashimba spokesperson for the ruling Movement for Multi-Party Democracy (MMD). Mr. Henry Kapoko is not my nephew and there is no relationship whatsoever with me," read Sata's letter in part. "I personally or the party did not receive any money from Henry Kapoko. Henry Kapoko has never given any T/shirts or chitenge materials to me personally or to the party in general.
"Henry Kapoko has never funded the Patriotic Front campaigns at any time since the party was formed. Tetamashimba must reveal the names of civil servants who are stealing money from government to fund the Patriotic Front. We are instructing you to take legal action of libel and defamation against Tetamashimba."
And in a letter to Tetamashimba dated May 27, 2009, Sata's lawyers Ellis and Company demanded for a retraction and apology over his statements.
"We have been retained by Mr Sata and the Patriotic Front in connection with the above article which has been published on the Internet by Zambia Watchdog. We attach hereto a copy of the said article. We advise that our instructions are that all the allegations in the article are false and malicious. Mr Sata is not related to Mr Henry Kapoko," read the letter in part.
"The Patriotic Front has not had any dealings with Mr Kapoko. The Patriotic Front has also not received any monetary or material support from Mr Kapoko. Our clients have in the circumstances instructed us to demand a retraction of this story and for your unequivocal apology.
"We must have your response in the course of the next seven days, failure to which we have instructions to commence action for libel without further notice."
Labels: BENNY TETAMASHIMBA, BONAVENTURE MUTALE, HENRY KAPOKO, SATA
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Any disciplinary action against Malila, Sichinga will be victimisation - former Attorney General Mut
Written by Chibaula Silwamba
Tuesday, April 28, 2009 4:09:04 PM
FORMER attorney general Bonaventure Mutale yesterday said any disciplinary action against Attorney General Mumba Malila and Solicitor General Dominic Sichinga by President Rupiah Banda will be clearly victimisation of the two.
In an interview in Lusaka, Mutale said Malila and Sichinga were professional in their guidance to Siliya, the Ministry of Communications and Transport and in their submissions to the judge Dennis Chirwa-chaired tribunal.
"I have gone through the [judge Dennis Chirwa-chaired tribunal] report, I am afraid I have not seen that finding of fact which specifically states that the Attorney General and the Solicitor General misled Ms Siliya," said Mutale, who was one of the lawyers for the petitioners in the tribunal set up to investigate Siliya's alleged contravention of the parliamentary and ministerial code of conduct.
"In my view, the opinion of the Attorney General and the Solicitor General given in their evidence and the correspondence that they produced before the tribunal was very professional and highlighted all the pertinent issues that the minister and her ministry ought to have considered before executing the [Memorandum of Understanding] MoU."
However, he said he would wait and see how President Banda would reorganise the Attorney General's chambers as he had informed the nation.
"It is unfortunate if an attempt is now being made to cover Ms Siliya's wrongdoing by penalising the Attorney General and Solicitor General. I think that is all I can say for the time being until we see what the President will do in his reorganisation of the Attorney General's chambers," Mutale said.
"But I think that let's wait and see what he is going to do to them [Malila and Sichinga] because if he does take disciplinary action against them, it will be clearly victimisation. But at this stage I think it will be premature for me to make a comment until I have seen what he will do."
He said Siliya's resignation should not put an end to this matter.
"But I think I will only be able to make a meaningful comment on this after we hear what the President has to say on the recommendations of the tribunal after he has studied it fully," Mutale said.
The judge Dennis Chirwa-chaired tribunal found that Siliya breached Article 54 sub Article 3 of the Constitution when she engaged RP Capital Partners Limited of Cayman Islands to valuate the assets of Zamtel without following the legal advice from the Attorney General.
Labels: BONAVENTURE MUTALE, DOMINIC SICHINGA, DORA SILIYA, MUMBA MALILA, PRIVATISATION
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Judge Chitengi wonders if Dora’s MoU was home-made
Written by Mwala Kalaluka and Maluba Jere
Thursday, March 05, 2009 9:39:25 PM
JUDGE Peter Chitengi yesterday wondered whether the copy of the memorandum of understanding (MoU) on the RP Capital Partners deal that petitioners to the Dora Siliya tribunal had submitted to the tribunal was home made or had been drawn by lawyers.Judge Chitengi made this observation during examination-in-chief of Kabwata Central MP Given Lubinda by one of the lawyers of the petitioners, Eddie Mwiitwa.
Mwiitwa was leading Lubinda in evidence on a clause of the memorundum of understanding document on the RP Capital that he had produced to the tribunal in which the clause was referring to the waiver of Zambia's sovereign immunity.
"Mr Mutale whilst we are waiting, that MoU was it drafted by lawyers or was home-made?" Judge Chitengi asked the complainants' lawyer, Bonaventure Mutale.
One of the complainants' lawyers, Wynter Kabimba, in response to Judge Chitengi's remark said: "We do not have the answer."
But Siliya's lawyer, Eric Silwamba said he was not competent to respond over the remark and that he would be in a position to do that today when he presents his documents.
Earlier in the morning, Judge Chitengi also noted that the documents relating to the engagement of RP Capital Partners to value Zamtel's assets are relevant to the proceedings.
Judge Chitengi, a Supreme Court judge who is a member of the tribunal hearing the complaint brought against communications and transport minister Dora Siliya under the parliamentary and ministerial code of conduct Act, made the remarks after Siliya’s counsel Eric Silwamba questioned the legality of the documents brought before court by complainant William Harrington's counsel Wynter Kabimba.
This is in a matter where former communications and transport minister Harrington and ten civil society organisations had asked Chief Justice Ernest Sakala to set up a tribunal to investigate alleged corruption and abuse of office involving communications and transport minister Siliya.
Harrington and the ten civil society organisations urged Justice Sakala to probe Siliya for allegedly breaching the Parliamentary and Ministerial Code of Conduct in her engagement of RP Capital Partners of Cayman Islands to value Zamtel's assets before partial privatisation and her cancellation of a tender that was awarded for the installation of radars at the Lusaka and Livingstone international airports.
Judge Chitengi said even if the memorandum of understanding (MoU) that was entered into by RP Capital Partners and the government and the letter of the Attorney General's advice on the issue were deemed stolen, they were relevant to the proceedings.
However, Judge Chitengi clarified that he did not imply that the documents were stolen.
This was after Siliya's lawyer, Silwamba questioned if the documents [the MoU and the Attorney General's letter to Siliya] had been legally obtained.
Judge Chitengi said the argument was immaterial while Harrington's other lawyer, Mutale said the comment was uncalled for.
When proceedings started, Kabimba directed Kabwata PF member of parliament Given Lubinda, a witness in the matter, to read two articles from previous editions of The Post for the benefit of the tribunal and confirm whether those were the articles he had read.
Lubinda read some highlighted paragraphs from an article in The Post edition of February 6, 2009, particularly a story headlined 'Government awards RP Capital Partners $2 million contract to value Zamtel assets'.
Kabimba asked Lubinda to qualify the nature of the dollars he referred to, since even countries like Zimbabwe use dollars.
Lubinda said the headline did not indicate which dollar was being referred to but the article indicated that it was United States Dollars.
Lubinda then read some paragraphs in the story, which quoted sources within the Ministry of Communications and Transport.
"Government has awarded RP Capital Partners of Cayman Island a US$2 million, about K10.3 billion contract to value Zamtel assets before implementing the partial privatisation of the company," Lubinda read from the newspaper article. "Sources within the Ministry of Communications and Transport have disclosed that the awarding of this contract is irregular, especially that RP Capital Partners was single sourced."
Kabimba then asked Lubinda what he did after he read the said article to which he responded that he was perturbed.
Lubinda said he confronted The Post after he read the articles and asked the newspaper to prove its allegations.
Judge Dennis Chirwa then asked Lubinda to disclose which particular person he approached at The Post.
"I went and approached the managing editor of the newspaper, Mr Amos Malupenga," Lubinda responded.
Kabimba then asked Lubinda if during his visit to The Post he had been provided with any document relating to the matter before consideration and he responded in the affirmative.
Kabimba then showed Lubinda a copy of the MoU that was signed between the government and RP Capital Partners of Cayman Island and asked him to look at it and confirm if that was one of the documents he got from The Post.
"This my lords, is the copy of the document that I was shown," Lubinda replied, as Kabimba requested him to read out who the parties to the MoU were.
But Silwamba said he would not examine the document in Lubinda's hands because he did not know if it was classified or not.
"It is not fair," Silwamba said.
At this time, Kabimba passed a copy of the MoU to Silwamba before asking Lubinda to confirm if he wanted the document to be tendered in as part of his evidence.
Lubinda said he wanted the document to be produced as part of his evidence.
"Please read to their lordships the parties to that MoU," Kabimba told Lubinda.
Lubinda said there were signatures of the Minister of Communications and Transport, another for RP Capital Partners Cayman Island Limited while the third signatory was the Zambia Development Agency.
He said the document and the signatures were dated December 22, 2008.
Kabimba then directed Lubinda to another article in The Post edition of February 10, 2009, which was on page four of the publication and was headlined 'Rupiah backs Siliya'.
Lubinda testified that that was another of the articles he read before confronting The Post.
Lubinda was then made to read some extracts from the article.
"As to the argument that she did it legally, that is nonsense. First of all when the Attorney General gives an opinion, he does not give it to the public..." Lubinda read from the article in part.
Kabimba then availed Lubinda a copy of the letter from the Attorney General addressed to the Ministry of Communications and Transport relating to the awarding of the RP Capital Partners contract.
Lubinda told the court that the document was signed by Attorney General Mumba Malila and addressed to the permanent secretary in the communications and transport ministry.
Kabimba also showed Lubinda a ministerial statement to Parliament by Siliya on the matter, which he said he was shown at The Post.
Later, Kabimba asked Lubinda to read some excerpts from The Post Newspaper article dated February 13, 2009, which revealed the alleged irregularities over the awarding of a contract to SELEX to supply and install radars at two international airports.
This was in a story headlined 'Dora in another tender scam'.
When Kabimba was about to show Lubinda a copy of the article, Judge Chirwa said he had noticed that Kabimba had not been producing the same copies being shown to Lubinda to the bench.
Kabimba said if the tribunal allowed, he would make available copies of the newspaper.
At this point Silwamba then said he would be happy if the complainants produced original copies of the newspapers just like they were producing the originals of documents such as the MoU and Malila's letter.
Kabimba did not object to the proposal and told the court that he would do just that.
Later in the proceedings, Kabimba was about to show Lubinda a copy of an internal memorandum dated January 5, 2009 between Siliya and the permanent secretary in the Ministry of Comunications and Transport when Silwamba objected, saying it was a matter of principle and sought the court's guidance.
He said he had no problem with the production of the memo but that the tribunal would be setting a precedence on whether to allow the government's internal memoranda to be produced there or not.
He submitted that the tribunal needed to strike a balance as to what was in the public interest.
Silwamba said he was aware that the interest of justice might demand that every relevant material be awarded for the court's scrutiny so it could make informed findings and recommendations.
"...My Lords I will invite the tribunal to the attention of Section 14 (5) of the Parliamentary and Ministerial Code of Conduct CAP 16 of the Laws of Zambia which provides that the tribunal holds its hearing or inquiry public...,"
he said. "...I can't pray that you hold these proceedings in camera, I can only seek your indulgence."
Judge Chirwa said that could be the case if the document was classified and that the internal memo was not classified.
Silwamba later withdrew his objection.
Judge Chirwa said the sentiments echoed by Silwamba had however been noted.
Kabimba said it was clear that the tribunal was there to deal with the minister's conduct in her execution of public duties.
He explained that there were several documents that would be produced in the matter.
Kabimba then gave an example of how former Chilean president General Augusto Pinochet, who was facing charges of kidnapping and murder, tried to escape the law by saying he had immunity, adding that human rights lawyers made it clear to the former leader that he had immunity but not to kill or kidnap.
"I think no minister is elected to go and flout laws of the land...," he said.
At this point, Silwamba said if the complainants' counsel wanted to take that line of arguing, they would take the whole day doing so and judge Chirwa advised the parties to make an application if they desired to dwell on that matter.
Kabimba then said he would proceed and show Lubinda the internal memo.
Lubinda told the court that the internal memo was one of the documents he was shown at The Post and that it was a memo from Siliya addressed to the permanent secretary dated January 5, 2009 concerning the bids for installing the radar at Lusaka and Livingstone international airports. Lubinda said he wanted the internal memo to be entered as part of his evidence in the matter and marked P9.
Kabimba further showed Lubinda a notification dated December 11, 2008 addressed to the vice-president of an Egyptian firm for the supply, delivery and installation of radar system at the two airports.
The correspondence in the notification, which was signed by the permanent secretary in the Ministry of Communications and Transport indicated that the Zambian government requested to extend the validity period of the bid for 90 days.
Tribunal sittings continue.
Labels: BONAVENTURE MUTALE, DORA SILIYA, EDDIE MWIITWA, GIVEN LUBINDA, MoU, PETER CHITENGI, RP CAPITAL PARTNERS, WYNTER KABIMBA
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Court denies Chiluba access to OP Charter
By Noel Sichalwe
Friday May 30, 2008 [04:00]
Lusaka High Court judge Japhet Banda yesterday said President Mwanawasa's refusal to authorise the release of the 1970 Financial Charter in the London judgment registration case is legal. And judge Banda has stayed proceedings in a case in which former president Frederick Chiluba and others are challenging the registration of the London judgment, which found them guilty of defrauding Zambia of millions of US dollars. This is a matter in which former Access Financial Services directors Faustin Kabwe and Aaron Chungu have appealed against the London High Court judgment.
Kabwe, Chungu, Chiluba and former permanent secretary in the Ministry of Finance Stella Chibanda, among other Zambian defendants, are contesting the registration of the London High Court judgment of May 4, 2007 pursuant to rule 11 of the Foreign Judgment Enforcement Rules.
The quartet is represented by lawyers John Sangwa, Robert Simeza, Bonaventure Mutale and Edgar Lungu while the state is represented by Attorney General Mumba Malila and Solicitor General Dominic Sichinga.
Earlier, Sangwa raised a preliminary issue asking the court whether proceeding with hearing of the matter in the absence of the 1970 Finance Charter would be consistent with the provisions of Article 18(9) of the Constitution.
Sangwa argued that if the preliminary issue would not be determined now, the final judgment would erode the essence of the application.
Passing the ruling, judge Banda said he had considered the current application in the light of President Mwanawasa's refusal to authorise the Financial Charter on February 29, 2008.
Judge Banda said President Mwanawasa's refusal to release the Charter was done pursuant to the law under which he was asked to act in accordance with the Zambia Security Intelligence Service (ZSIS) Act.
"The President was allowed, under the provision of the law, not to authorise production of the Financial Charter. Any law including the Zambia Security Intelligence Service Act is made pursuant to and must comply with the Constitution. The Zambia Security Intelligence Service Act has not been nullified or attacked in any ways nor has it been struck out. It is therefore, legal and constitutional," he said.
"The respondents are trying through the backdoor to assail attack and make illegal the President's powers to refuse production of the Financial Charter in this matter. This court cannot accept that. As the law stands, the President acted within the law to refuse that Financial Charter be produced. Any law in Zambia is made pursuant and must be in compliance with the Constitution."
He said the most important thing was that all parties in the London matter where the Financial Charter was produced were given an opportunity to see it, cross-examine any witness who produced it and use it.
Judge Banda said the court was only dealing with the registration of the London judgment and urged the parties to confine themselves to what was being dealt with.
"The court will not allow itself to open a case or rehear it as it has no jurisdiction to do so," judge Banda said.
At this stage, Bonaventure Mutale said they have since been instructed to appeal against the ruling to the Supreme Court and stay the matter.
However, Malila objected to staying the matter arguing that those who would like to appeal could do so without staying the matter. However, judge Banda granted leave to appeal and stayed the matter.
Labels: BONAVENTURE MUTALE, CHILUBA, COURTS, JAPHET BANDA, ZAMBIA SECURITY INTELLIGENCE SERVICE ACT, ZSIS
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My involvement in Carlington maize deal was professional, says Mutale
By Inonge Noyoo
Thursday April 17, 2008 [04:00]
FORMER Attorney General Bonaventure Mutale has said there was nothing strange about his involvement in the US $ 7.8 million Carlington maize saga. Commenting on revelations by the Task Force on Corruption chairman Maxwell Nkole that he was one of the people yet to be called and interrogated on the maize deal, Mutale said his involvement in the Carlington deal was merely in his official capacity as attorney general at the time.
Mutale said he was very amused at revelations that he would be interrogated on the Carlington maize scandal.
“The context in which that statement was made is very regrettable because my involvement in the matter was as Attorney General and I prosecuted the claim against Carlington in the London Court of Arbitration. What the Task Force is doing is exactly what I did then,” he said.
Mutale said acting on instructions from then president Frederick Chiluba, he conducted investigations in the Carlington maize saga as to why there was a failure by the company to supply the maize or pay the money it owed the Zambian government.
He said he prosecuted the case and the judgment was in favour of Zambia and Carlington was ordered to pay back the money.
“What is remaining now is the award to be enforced and for the money to be paid back. I find it regrettable for someone to say I will be interrogated over the Carlington maize scandal because the files are there to speak for themselves.
You can go to the ministry of justice now and you will find all the files you need on the Carlington deal, everything is documented. I was only involved in my official capacity as Attorney General and after the event,” he said.
Mutale said he would, however, assist with any information that the Task Force may need from him.
“I am still under oath to assist them. They can consult me and I will be able to assist them. Otherwise my involvement was simply professional like a lawyer is instructed to prosecute a case by a client.
I was instructed as Attorney General to conduct the case on behalf of Zambia. I was simply chasing a debt,” he said. “There is nothing strange about my involvement since I was legal advisor and I was instructed to recover debt. Actually, the Task Force is simply duplicating what I did at the time.”
The Task Force on Corruption has been investigating the case of Carlington Sales Company, a Canadian commodity supplier, following an agreement with the Zambian government in 1997/98 to supply maize to Zambia amounting to US $24 million. The government paid US $7.8 million towards the contract but no maize was ever delivered to Zambia.
Labels: BONAVENTURE MUTALE, COURTS, MAIZE
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