Mbala hospital in bed linen crisis
By Chiwoyu Sinyangwe
Sun 08 Apr. 2012, 13:27 CAT
MBALA district hospital has been hit by acute shortage of bed linen and patients are being asked to bring their beddings when admitted, hospital and community sources have disclosed.
The sources said the acute shortage of linen at the district hospital had hit the poor villagers hardest, as some are forced to use chitenge material to cover their patient.
"It has been going on for some time now," one of the sources said anonymously. "The hospital staff and almost everyone here knows this problem. In fact, just when they admit you, they even ask you to bring your own blankets. It's a trend."
The sources complained that the absence of beddings had spread even to the fee paying wards at the hospital which serves the vast Mbala areas, Mpulungu, parts of Nakonde and far flung border areas with the Democratic Republic of Congo and Tanzania.
"This is just one of the many problems we face as a people here," said the source.
"We hear the government is building new hospitals in other areas but us what we are only asking for is to be given blankets. Is that too much to ask? We are also part of Zambia and we need to benefit from national development."
Northern Province permanent secretary Emmanuel Mwamba said he was not aware of the shortage of beddings at Mbala hospital.
"Mbala has a big catchment area and it would really be unfortunate if the hospital has run out of blankets," Mwamba said.
"I will talk to both Dr Chishimba - Mbala district hospital executive director as well as Dr Peter Mwaba (ministry of health permanent secretary). So by Tuesday, I will give you a comprehensive picture."
Labels: EMMANUEL MWAMBA, HEALTHCARE
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Sondashi asks Sata to rescind Mwamba's appointment
By Moses Kuwema
Tue 15 Nov. 2011, 13:59 CAT
DR Ludwig Sondashi says the appointment of Emmanuel Mwamba as Northern Province permanent secretary is wrong and unfounded. In an apparent reference to President Michael Sata's statement that he was allergic to corruption, Sondashi in a statement stated that a person who was allergic to corruption could not "marry" corrupt experts and advisors.
Sondashi stated that President Sata should rescind the appointment of Mwamba as permanent secretary for Northern Province and that he (Mwamba) could still retain his old position in the civil service.
"I do not see the reason for his (Mwamba's) promotion," he stated.
Dr Sondashi also stated that the appointment of ministers and permanent secretaries to the PF government had not been evenly distributed in provinces such as Southern, Western and North Western.
"Surely PF does have some good members in the provinces from whom it can choose persons for appointment. As regards to North Western Province, the fact that my party and I who supported the PF in the province did not want to be considered for appointments in the PF government does not stop the PF from appointing other people from that province especially that President Michael Sata's government is a ‘rainbow government'," Dr Sondashi stated.
And Dr Sondashi supported the creation of Muchinga Province and the shifting of Southern Province capital to Choma but criticised President Sata for renaming national airports without a cabinet to be consulted.
He stated that the changing of airport names was wrong and done in a hurry without waiting for cabinet to be appointed and consulted.
Dr Sondashi stated that much as he supported the decision to assign the three airports with the names of heroes, the changes could have cost implications which could undermine the PF's determination of employment creation and cutting of taxes for workers in the country.
Meanwhile, Dr Sondashi stated that the PF government should not limit itself to 90 days in the constitution making process because it was impossible to make a good constitution within that timeframe.
"As for me and my party, we shall not accept a constitution which will not reduce the excessive presidential powers. It has to be appreciated that 80 per cent of the problems that Zambia faces arise from the misuse of these powers by presidents. In genuine democratic countries the question of presidential powers has been overcome by divorcing the president from partisan politics," he stated.
And Dr Sondashi appealed to President Sata to direct his ministers to attend to the problem which had so far hindered the development of his Sondashi Formula SF 2000 herbal medicine.
Labels: EMMANUEL MWAMBA, GBM, LUDWIG SONDASHI
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Whistleblowing Michael's government
By The Post
Thu 03 Nov. 2011, 14:50 CAT
The most serious problem facing Michael Sata's government today is not civil servants leaking information about his appointments. It is
the quality of his appointments that is a problem. And this is what Michael should focus his attention on and find ways to improve the quality of his appointments so that they are accepted by the great majority of our people.
There is dissension in the country over the appointments he is making. And this dissension is not coming from his political opponents because these would be very happy to see him weakened by poor appointments. His political opponents are happy with the poor appointments he is making because that aids their campaign against him.
It is his supporters who are most affected, who are most saddened by the poor appointments he is making. To remove this opposition, this dissatisfaction, the primary requisite is for Michael to eradicate the cause of dissension. A great number of his appointments are not in accord with the expectations of his supporters. And Michael doesn't seem to realise this because he is shielded away from them in State House.
If Michael today was to put his appointments to the approval of his supporters, very few would be approved. This may not worry Michael because as far as he may be concerned, he is acting within his constitutional powers. But there are people who gave him this opportunity, this power and he has to listen to them, he has to mull over things and consider their feelings. If he thinks he doesn't need to consider the feelings of anyone and continues to act only according to his own desires, he will be in grief soon.
We say this because the constitutional powers he has amount to nothing without the support of the people. In case those around him don't have the moral courage to tell him that the great majority of our people are not happy with his appointments, we are telling him that. If he is in doubt, let him go to the people directly and consult them.
The problem is not with the civil servants leaking information about his appointments. It is the quality of his appointments that are causing problems. But it's always easy to blame other people for one's problems, no matter how self-created they may be.
It won't help Michael to try and turn those humble civil servants into the burden bearers of the problems he is creating for himself through poor judgement and lack of adequate and meaningful consultations. No one in this country can make the number of appointments singlehandedly and get it right at the end of the day. Michael is trying the impossible and is bound to fail because he doesn't know everyone in this country.
Zambia is a big country covering over 755,000 square kilometres with a population of over 13 million. How many of these kilometres has Michael covered? How many of these over 13 million Zambians has Michael met, does Michael know?
The only way for Michael to avoid deficiencies in his appointments is to go for collective leadership. This will help because when the best opinions, the opinions of most competent men and women, the most capable men and women, are discussed collectively, they are cleansed of their vices, of their errors, of their weaknesses, of their faults.
If Michael wants to think that because it's only him and him alone who has been given the powers by the Constitution to make these appointments he will make them alone, then he is in for more dissension, more troubles and more failures.
If he wants to govern like an absolute monarchy decreeing everything down to his subjects or servants, he will face serious challenges. Michael is a part of a collective and he has to work within that collective to succeed. If he wants to run things alone as if he has no party, no colleagues, no cadres, he is in for a rude awakening.
Yes, Michael has the right to make the final decisions, but he has a duty to consult. If he is going to continue making decisions alone, he will soon find himself alone, defending everything he has done alone. This will be so because it will be unfair for him to expect his colleagues to come to his defence on matters he never consults them, on matters he thinks are personal to him.
Michael has to learn to share his constitutional powers with his colleagues by consulting. And moreover, consulting others is another way of mobilising his colleagues to support his decisions whenever they are challenged or if they happen to be wrong because there is no human being, or human decisions that are always correct. If he continues acting in solitude, he will find himself abandoned and only surrounded by those who seek favours from him, those he has given jobs.
Of course there will be opposition to everything he does. He has opposition now, and he will have even greater opposition in future, even if he does everything the right way - and he should do them the right way, even if it calls for his greatest efforts.
It is hard for any political party or person to avoid mistakes, but we should make as few as possible of them. And once a mistake is made, we should correct it, and the more quickly and thoroughly, the better. There is nothing to be ashamed of or stubborn about in correcting mistakes. Yes, sometimes it may be painful to reverse the decisions one has made.
But you are saving yourself a lot of future problems, worse problems than the one you are attempting to correct. After having made very unacceptable appointments of Xavier Chungu and Emmanuel Mwamba, Michael should have reversed both of them. But it seems it was too embarrassing for him to drop both so he had to retain Mwamba to save face. But what face can one save with such a wrong decision, a filthy appointment?
Michael must learn to listen attentively to others, including those outside the leadership of his party and government, and let them have their say. If what they say is right, he should welcome it, and should learn from their strong points; if it is wrong, he should patiently explain things to them than start to denounce them and accuse them of all sorts of things.
If we have shortcomings, we should not be afraid to have them pointed out and criticised because the job of those in leadership is to serve the people. Anyone, no matter who, may point out our shortcomings. If he is right, we should correct them. If what he proposes will benefit the people, we should act upon it.
It is a waste of time for Michael to concern himself so much with leaks, with who has leaked what appointment. No government or institution or corporation can be certain that their secrets are safe. States and citizens will, as many do already, operate on the assumption that nothing can reliably remain hidden.
Whistleblowers and secret sources are here to stay. As fast as governments encrypt and hide, whistleblowers and hackers will decode and seek places to publish. There is a sea-change in the way we are ruled and the information we are entitled to expect.
Threatening civil servants over leaks will not change the tide of history. The genie is out of the bottle - there will be more leaks. No government anywhere, even the most powerful, can protect itself from greater public scrutiny and a new age of whistle-blowing. The only sensible way to operate now is for those in government to try at all times and in all circumstances to do the right thing, things they can easily explain and justify to their people with a clear conscience.
Labels: CORRUPTION, EMMANUEL MWAMBA, XAVIER CHUNGU
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Sata appoints Xavier PS
By Chibaula Silwamba
Thu 03 Nov. 2011, 10:00 CAT
PRESIDENT Michael Sata has appointed forgery-convict and corruption suspect Xavier Chungu as his permanent secretary for Luapula Province, highly-placed sources at Cabinet Office revealed yesterday.
And President Sata has appointed Emmanuel Mwamba the late former president Frederick Chiluba's spokesperson as his permanent secretary for Northern Province while renowned marketer Augustine Sebuya will be Western Province permanent secretary. According to the sources, President Sata has also appointed the former director general of the Zambia Security Intelligence Service Xavier Chungu.
Upon coming to power last month, President Sata coined an anti-corruption slogan of "I am allergic to corruption" and has been firing some senior public officials he claims are corrupt.
However, his latest appointee, Chungu, has been facing corruption cases resulting from his dealings when he served as spy chief during the corruption-laced regime of Chiluba between 1991 and 2001.
Chungu, Chiluba and other Chiluba-allied senior government officials were in February 2003 charged with 168 counts of theft of more than $40million public funds.
Chungu has never been acquitted. Most of his cases are still active in courts of law.
Chiluba, who died in June 2011 at his Kabulonga residence, was controversially acquitted in 2009, a judgment President Sata said was engineered by then president Rupiah Banda.
The London High Court in 2007 found Chiluba and several of his allies guilty of theft of US$46 million public funds and ordered them to refund US$58 million but the Banda government, which was reluctant to fight corruption, declined to register the judgment in Zambian courts.
Amidst his prosecution, Chungu in June 2004 fled Zambia and went into hiding.
He was reported to be in Portugal and briefly in Zambia's eastern neighbour, Mozambique, where he attempted to seek asylum through the United Nations High Commissioner for Refugees (UNHCR).
UNHCR representative to Mozambique, Victoria Akyeampong - who was believed to be pushing for Chungu's asylum application with Mozambican authorities - in 2007 told The Post that: "He Chungu was here but now he is in South Africa."
Ahead of the September 2006 presidential elections, Sata - then main opposition Patriotic Front (PF) candidate - assured the people of Luapula Province, the homeland of Chungu and Chiluba, that he would not continue the prosecution of the duo when elected head of state.
Drumming up support for himself and his parliamentary candidates in Luapula Province at a rally in the provincial capital - Mansa, Sata said Zambia National Commercial Bank former managing director Samuel Musonda, Chiluba and Chungu should not be arrested but should instead be made to explain how they used plundered money on president Levy Mwanawasa's election in 2001.
Sata's statement attracted sharp condemnation countrywide and partly led to his electoral defeat to then incumbent Mwanawasa.
In 2006, Chiluba had endorsed the candidacy of Sata over his 2001 handpicked successor, Mwanawasa, who had brought corruption charges against him.
Following the death of Mwanawasa on August 19, 2008 half way into his second term and subsequent election of Rupiah Banda on October 30, 2008 as head of state, Chungu returned to Zambia.
The Task force on Corruption, set up by Mwanawasa to probe corruption that took place during Chiluba's decade-long rule, issued a statement through its chairperson Maxwell Nkole, who is now home affairs permanent secretary, about Chungu's return.
"Today December 3, 2008, the fugitive suspect known as Mr Xavier Franklin Chungu arrived at the airport in Lusaka on his own but alert security officers at the airport spotted him and he was immediately apprehended by officers of the Zambia Police Service and the Task Force officers. He was then taken to police headquarters.
"At Police headquarters, Mr Chungu was arrested for an initial charge of contempt of court in that he jumped bail on 1st June, 2004 and went into self imposed exile whilst facing charges of theft by public servant and theft of motor vehicles. He is expected to appear in court as soon as it is possible on contempt charges whilst the other criminal charges will be recommended at a later point in time.
"The surrender and arrest of Mr Chungu follows protracted efforts by government law enforcement agents working with the Task force to ensure that both the local and warrant of arrest and the Interpol arrest warrant are executed.
"The development brings to an end one of the most vexing issues that the Task Force on corruption has had to deal with working in international boundaries."
The corruption prosecution against Chungu resumed.
He was also charged for forgery and uttering a false document in relation to his passport.
Though corruption cases are on-going, Chungu was in August 2009 convicted and sentenced to nine months imprisonment with hard labour for forging passport number ZH 88471 purporting to show that it was issued properly when in fact not.
He was also charged for falsifying a document contrary to Section 352 of the Penal Code CAP 87 of the Laws of Zambia.
In January 2011, ahead of the September 20 elections, Chungu pledged to campaign for then incumbent Banda.
"Let it be known that I am busy and in my own style campaigning for the President of the Republic of Zambia, Mr Rupiah Bwezani Banda to score the highest presidential victory ever in Luapula Province," stated Chungu in a media release.
The PF condemned Chungu's campaign for Banda.
PF spokesperson at the time, Given Lubinda - now information minister and chief government spokesperson - said Chungu's support for Banda would "dampen the fight against corruption and cast a bad image on Zambia internationally".
Seventy-four year old Banda, barely three years in power, lost to age-mate Sata.
Since coming to power, President Sata has frequently and publicly vowed to fight corruption.
"During the campaigns we made an undertaking that we shall robustly fight corruption and we shall do just that. The policy of this government is that any person who has aggrieved the Zambian people economically and otherwise, in the past or present, must face the law," stated President Sata in an October 17, 2011 media release from his office.
"Make no mistake about it, because we are resolute on combating corruption and all its offshoots even if it means losing friends. We are ready to make that sacrifice for the sake of the Zambian people whom we promised and as a result they gave us the mandate to preside over this country's affairs."
Newly-appointed permanent secretary for Northern Province, Mwamba is currently in court on charges of allegedly authoring and publishing two contemptuous articles that circulated on the Zambian Watchdog website that analysed a murder trial.
Labels: CORRUPTION, EMMANUEL MWAMBA, MICHAEL SATA, XAVIER CHUNGU
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Chiluba’s aide ‘confessed he wrote the articles’
By Namatama Mundia
Fri 19 Nov. 2010, 04:02 CAT
A WITNESS yesterday testified that former president Frederick Chiluba’s spokesperson Emmanuel Mwamba confessed to him that he had authored two contemptuous articles relating to the Mathew Mohan trial.
In this case, Mwamba is alleged to have authored and published two contemptuous articles that circulated on the Zambian Watchdog web site which analysed Mohan and his co-accused Idris and Shabia Patel’s murder case.
During examination-in-chief led by Supreme Court judge Gregory Phiri, who sat as High Court judge, Post managing editor Amos Malupenga, told a packed courtroom that Mwamba had confessed having authored the two contemptuous and scandalous articles.
He narrated how Mwamba phoned him on the evening of October 18, 2010 asking if he had heard of the drama that took place earlier in court when Mohan commenced his defence and implicated some judicial officers and Lusaka lawyer Robert Simeza. He said Mwamba told him that Mohan’s testimony was the worst version of James Lukuku and that he was just a crook and liar bent on implicating innocent people like Simeza.
Malupenga said because he had arrived at Wila Mung’omba’s residence where he went for a function, he told Mwamba that they would speak later. After about two hours, Mwamba phoned back asking if Malupenga was free to talk but Malupenga was still busy and he didn’t phone back that evening.
The following morning, Mwamba sent a text message to Malupenga’s phone indicating that he had sent him a document. A short while later, Mwamba and Malupenga spoke. Mwamba said what he sent to Malupenga’s email box was just a summary of what he had wanted to discuss with him and that the two should talk after Malupenga had read the article.
Malupenga said when he opened his mailbox, he found the first anonymous article titled, “Sajid Murder - The Plot Thickens”, which was also sent to Amos Chanda.
Malupenga said he later sent a text message to Mwamba asking if the analysis on The Watchdog did not amount to contempt and that if it were The Post doing that, its editor could have been cited for contempt. This was on October 20 when he saw the same article published on The Watchdog.
He said Mwamba’s response was, “Aaaa. I have encouraged Simeza to meet with you.”
Malupenga had earlier phoned Simeza asking for a meeting.
Malupenga said he had several conversations with Mwamba who accused The Post of giving undue prominence to Mohan’s testimony because they had seen an opportunity to prove their corruption allegations against the judiciary using Mohan whom everyone knew to be a crook and a liar.
Malupenga dismissed Mwamba’s claims saying people at The Post were not cowards to hide behind Mohan as the newspaper had shown in the past that it could criticise the judiciary without hiding behind anyone whenever criticism was due. He said for now, The Post had no issues with the judiciary.
Malupenga said a few days later, he heard from colleagues in the newsroom that there was another analysis of the Mohan trial on The Watchdog but he did not check it on the very day because he was busy. He said he visited the Zambian Watchdog website on October 27 and read the article together with the accompanying comments.
“I was very upset when I saw how the author was cleverly trying to link The Post to the ‘scheme’ as it was referred to,” Malupenga said.
He said he phoned Mwamba asking him why he had proceeded to link The Post to the Mohan ‘scheme’ when the newspaper had clearly no interest in the matter.
“I briefly referred him to our earlier conversation but he said he was ignorant about what I was talking about. I asked him not to pretend that he didn’t know what I was talking about. I told him the first analysis; I was not concerned because he didn’t link us. But in the second one, he linked us and that is why I phoned because I was not happy,” he said.
Malupenga said Mwamba said he was surprised that Lloyd The Watchdog editor had decided to publish the article because he sent it to him on Sunday October 24, “just for his information”.
He said Mwamba said in any case, there was no need for The Post to worry because his reference to the newspaper was very innocent and in passing.
“He said The Post were never the target and there was no reason for us to overreact or to be sensitive over the matter,” Malupenga narrated.
He said he warned Mwamba that enough was enough and The Post was going to expose him because he had warned him earlier.
“He Mwamba said he could not understand why we were over-reacting because according to him, he had done bigger things against The Post and Fred M’membe in the past and we didn’t react the way we were reacting this time,” Malupenga said.
He said after about 30 minutes on the same day, he phoned Amos Chanda to inform him about his conversation with Mwamba but Chanda said he had already been contacted by Mwamba who told him that The Post were angered by the articles in question.
Malupenga said Chanda said Mwamba could not understand why The Post was angered by the two articles because according to him, his reference to the newspaper was very innocent. Mwamba asked Chanda to explain to The Post the context in which his harmless reference to the newspaper was made.
Malupenga said he told Chanda that they could meet although a decision to expose Mwamba had already been made.
He said he phoned Mwamba the following day, October 28, based on the information he had received and took him back to his previous conversation with him on the two articles. He said he decided to record this conversation with Mwamba.
Malupenga said when he put it to Mwamba, during the conversation which lasted for about 20 minutes, that he had a scheme to put a wedge between The Post and the judiciary, the latter responded that it was a pity there was such an interpretation because it was never The Post under attack in his anonymous article but the scheme meant to frame Simeza, that is what he was fighting.
“We ended the conversation with him saying he would rather discuss the matter in person and that he could come to my office so that we discuss face-to-face,” Malupenga said. “Up to now, Emmanuel has never come to discuss this issue.”
Malupenga said later in the evening, he received a text message from Mwamba saying he was going to discuss the issue with Chanda in the hope that the misunderstanding could be cleared.
He said he responded by saying that Mwamba should go ahead and discuss with Chanda but as far as The Post were concerned, there was no misunderstanding because they had always known his schemes against them.
Malupenga said after his meeting with Chanda, Mwamba sent a text message to his phone saying, “Actually, there was no meeting. I was just reprimanded. I think for a good cause.”
Malupenga said on November 2, 2010, he implemented what he had promised Mwamba by way of writing to him to put on record what was discussed concerning the two anonymous and contemptuous articles and also expressed anger at his conduct, which The Post considered to be habitual.
Malupenga said he indicated to Mwamba that he would be discussing with The Post lawyers on the way forward. He said he copied this letter to the Inspector General of Police Francis Kabonde and judge Phiri.
Malupenga said after Mwamba received the letter, he had another meeting with Chanda and that Chanda later informed him that Mwamba felt excessively and unfairly attacked and that he denied being the author. He said Mwamba had even issued a statement on the Zambian Watchdog to that effect because he had some integrity to protect.
Malupenga said he was very upset with Mwamba’s position and thought of phoning him so he could tell him off but later decided to send him a text message just to create a record because he had heard that Emmanuel was ready to repudiate his own confessions.
Malupenga’s text message to Mwamba on November 2, 2010 read: “My namesake Amos Chanda tells me u feel excessively and unfairly attacked and that u deny being the author and accuse us of wrongly accusing you. I am told u have issued a statement on the Zambian Watchdog in the bid to protect your so-called integrity. Surely, u cannot shamelessly repudiate your own confessions which will be collaborated corroborated by independent evidence.
“I hope u recall my earlier warning to you that u will accuse us of fighting u when we respond to your attacks. Its ok for u to attack us but it is wrong for us to defend ourselves. I kept warning u against linking us to Mohan issues because we have nothing to do with them but u were determined to do so. U should now justify why u only talked about The Post in your analysis and excluded other media houses that covered Mohan’s defence,”
Malupenga said Mwamba has never responded to his text to date. He said he still had all the text messages he referred to in evidence on his phone. He also had a CD containing his phone conversation with Mwamba together with its transcript and printouts from his mailbox showing the anonymous article he received from Mwamba’s mailbox.
Malupenga is this morning expected to tender all these before judge Phiri as part of his evidence. Judge Phiri said court officials should make arrangements to provide all the necessary equipment to enable the court to listen to the recorded conversation this morning when the matter comes up for continued hearing.
And Malupenga told judge Phiri that should need arise, he was able to prove that Mwamba was behind most of the anonymous articles although for now he would confine himself to the two articles which were of interest to the court.
Mwamba remains remanded in custody.
Labels: COURTS, EMMANUEL MWAMBA, FREDERICK CHILUBA, MATTHEW MOHAN, WILLA MUNG'OMBA
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Police detain Chiluba’s aide
By Chibaula Silwamba and Namatama Mundia
Thu 18 Nov. 2010, 04:02 CAT
POLICE yesterday detained and interrogated former president Frederick Chiluba’s spokesman Emmanuel Mwamba over alleged contempt of court.
The detention follows Judge Gregory Phiri’s call for a quick and thorough investigation to identify the author and publisher of "contemptuous and scandalous" articles relating to the Mathew Mohan trial circulating on the Zambian Watchdog website.
Mwamba was detained at Woodlands Police Station after an hour's questioning at Police Service Headquarters.
Mwamba arrived at Service Headquarters at 9:35am in the company of his lawyer John Sangwa and was questioned until about 10:30am when plain clothes police officers took him to Woodlands.
In an interview shortly before he was taken to Woodlands Police Station, Mwamba denied he was the author of the articles published on the Zambian Watchdog website.
“They police officers claim their investigations are leading to me so they have a duty to arrest and present me before court, so we are going to Woodlands Police Station,” Mwamba said. Asked if he was the author of the alleged contemptuous articles, Mwamba responded: “No, I am not.”
After about 30 minutes of discussion between his lawyers and police officers at Woodlands, Mwamba was ordered to take off his shoes and belt and surrender his cell phone and other personal effects because he was to be detained.
Shortly after Sangwa left Woodlands Police Station, Mwamba was taken to the police cells.
In the afternoon, state prosecutors, defence lawyers in the Mohan case, police officers, Mwamba and his lawyers, met judge Phiri in chambers for more than an hour after which the matter was adjourned to 10.30 this morning and Mwamba was transferred to Lusaka Central Prison.
Last week, Supreme Court judge Phiri, sitting as High Court judge, ordered authorities to investigate and trace the author and publisher of alleged "contemptuous and scandalous" articles on the Mohan trial that were circulating on the Zambian Watchdog website.
Labels: COURTS, EMMANUEL MWAMBA, FREDERICK CHILUBA
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Post writes Chiluba’s aide over his anonymous, libelous articles
By Chibaula Silwamba
Wed 03 Nov. 2010, 04:01 CAT
POST managing editor Amos Malupenga has written to former president Frederick Chiluba’s spokesperson Emmanuel Mwamba, exposing him for writing anonymous articles on the Mathew Mohan murder trial accusing The Post of giving credibility to Mohan’s lies in court.
In his letter to Mwamba dated November 2, 2010 and copied to Supreme Court judge Gregory Phiri, Lusaka High Court judge-in-charge Philip Musonda and Inspector General of Police Francis Kabonde, Malupenga stated that The Post was seeking advice from its lawyers on how to proceed on the articles that Mwamba caused to be published against it.
“After various telephone conversations between yourself and myself, where you admitted your unacceptable conduct, I wish to put on record The Post’s displeasure at the manner in which you have continued to malign and cast aspersions at the newspaper by writing various articles which you publish anonymously on the internet and circulate via email and some web based publications such as ‘The Zambian Watchdog’,” Malupenga stated.
“Last week, in your usual cowardly style of hiding behind anonymity, you authored and caused to be published on the ‘The Zambian Watchdog’ an article titled: ‘Powerful forces and corruption in Mohan’s murder trial’.”
Malupenga further stated that the said article was Mwamba’s commentary on Inktech managing director Mathew Mohan, who is being tried for murder before Supreme Court judge Gregory Phiri, who has been sitting as a High Court judge.
“You wrote this commentary although the matter is still in court. If it were The Post that had written such a piece, you would have been in the forefront of calling for our arrest as you have done in the past. You have not written one commentary on the Mohan case, but two!” Malupenga stated.
“In the latest article, you accuse us of giving Mathew Mohan’s testimony credibility and accuse Honourabe Mr Justice Gregory S. Phiri of dereliction and complicity in a political conspiracy by allowing the testimony.”
Malupenga stated that it was unacceptable that Mwamba should accuse The Post of misconduct by its mere publication of what was said in the High Court. He stated that Mwamba’s attack on The Post was totally unfounded.
“But it would appear that you have a strange interest in this murder case. You go to great lengths to give your version of events and decide who is responsible and who is innocent of the Itowala murder,” Malupenga stated.
“You seem to be privy to very intricate details of how Sajid Itolwala was murdered.
How did you come to know all the intricate details on this murder? You write as though you were in one vehicle with Itowala and his murderers!”
Malupenga stated that Mwamba’s attempts to connect The Post to some conspiracy or other was not new.
“This is part of your concerted effort to malign us through the continuous anonymous write-ups you churn out where you even fail to decide where to place us. On other occasions you accuse us of holding the judiciary captive and therefore working with them and yet on others we are working against them. Can you please decide where you want us to be; even in lies there has to be some consistency,” Malupenga stated.
“Whereas we appreciate that it is your job to run the propaganda machine for your boss and his friends, it seems that in your desperation to appear relevant, you are now exceeding your limits by becoming a commentator on matters that you do not even understand. You are now a mercenary.”
Malupenga challenged Mwamba to deny being the author of the malicious pieces that were crisscrossing the internet, maligning various people.
“We hope that, having received this letter, you shall henceforth stop maligning The Post on your web platform. We are seeking advice from our lawyers on how to proceed on the articles that you have already published,” stated Malupenga.
“By copy of this letter, we trust that the Honourable Mr Justice G S Phiri who you accuse of impropriety in the handling of the Mohan case, Inspector General of Police Mr Francis Kabonde and others who you accuse of corruption in relation to the Itowala case will take an interest in your behaviour.”
Labels: AMOS MALUPENGA, EMMANUEL MWAMBA, FREDERICK CHILUBA
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Chiluba threatens those calling for withdrawal of his benefits
By George Chellah
Sun 07 Feb. 2010, 06:40 CAT
FREDERICK Chiluba has threatened to take legal action against his critics that are calling for the withdrawal of the benefits he enjoys as former president. And Chiluba stated that the bliss ignorance so far displayed by Ng'andu Magande amounts to irresponsible behaviour and his conduct should be beyond the petty.
In a statement issued on former president Chiluba's behalf, Emmanuel Mwamba stated that many people including persons such as lawyers like Wynter Kabimba have maliciously alleged that the pension and benefits that Chiluba enjoys should be taken away on the pretentions that he is involved in active politics.
“Dr Chiluba and any other former president that wish to comment on matters of public affairs and supports a candidate and political party of his choice does not in any way break the law. Nor are their benefits threatened in any way. The law provides as follows: Article 42 (3) of the Republican Constitution specifically provides for pensions, benefits and gratuity to a former president as prescribed by an Act of Parliament and that such benefits shall be charged on the revenues of the Republic of Zambia,” Mwamba stated.
“The enabling Act for these benefits is ‘The Benefits of Former Presidents Act’, CAP 16 of the Laws of Zambia. This Act is comprehensive and stipulates the benefits that a former President is entitled to and ancillary benefits that accrue to his family and his office. The Act also provided for benefits to a President that dies whilst holding office or after leaving office, and stipulates the benefits that will accrue to the remaining spouse and children."
He stated that the Act also provided for circumstances under which such benefits may be taken away.
“The Act stipulates that a former President shall be disqualified from the pension and other benefits conferred by the Act; (i) If he ceases to hold office of President on the ground of wilful violation of the Constitution or of misconduct, (ii) if he is convicted of an offence and sentenced to imprisonment for a term exceeding six months, (iii) engaged in active politics. This same law defines ‘active politics’ to mean as follows; (a) the doing of any act indicating a person's intention to hold elective or appointive office, (b) the holding of elective or appointive office, (c) Or by a resolution of two thirds of the majority of members of the National Assembly,” Mwamba stated.
“Dr Chiluba does hold and does not intend to hold any political office. It is therefore folly to allege that his benefits should be taken away on the false assumption that he is engaged in active politics. The law defines clearly what the framers intended to mean by ‘active politics’ and Dr Chiluba does not in any way fall in that category.”
He stated that the calls for the withdrawal of Chiluba's benefits were malicious and intended to prevent him from meaningfully contributing to national development.
“This law has been applied equitably in the past; In 2002, when Dr Chiluba retired as Republican president, he remained MMD party president for a period of three (3) months. During that period, his pensions and benefits were taken away in compliance with the law.
The benefits were only restored to him, upon resigning his position as MMD president. Similarly, when Dr Kenneth Kaunda returned to active politics and became UNIP president between 1995 and 1998, his benefits were too taken away in compliance with the law.
When Dr Kaunda retired from active politics and relinquished his position as UNIP president, his benefits were immediately restored," Mwamba stated. "We therefore wish to reprimand such persons as Ng’andu Magande who know the provisions of the law but chose to mislead the nation by alleging that Dr Chiluba is breaking the law by merely rendering political support to President Rupiah Banda.
Dr Chiluba is merely exercising his fundamental rights such as freedom of choice, freedom of expression, freedom of association and freedom of movement as guaranteed by the Republican Constitution. Therefore people like Mr Magande who are bent on making such calls, are the ones breaking the law by insisting on taking away his fundamental rights, freedoms and entitlements that a former president, and human being enjoys.
“The bliss ignorance so far displayed by Mr Magande, in our view, amounts to irresponsible behaviour and having held a senior position such as a finance minister, his conduct should be beyond the petty. We ignored similar and irresponsible remarks from two chiefs namely, Chief Nalubamba and Chief Chona. Maybe their ignorance in these matters can be excused. However, we condemn their strange demands that Dr Chiluba should not speak on public matters, or that his association with President Rupiah Banda is taking away the popularity of the MMD.”
He stated that Chiluba's decision to support President Banda and MMD should be respected without question, as this is his fundamental right.
“We also wish to dismiss the false allegation by The Post that repeatedly refers to Dr Chiluba's trip to the Copperbelt as funded by State House. These allegations ought to be dismissed with the contempt they deserve,” stated Mwamba. “Since 2002, Dr Chiluba, as former president, has had his trips, local and foreign, funded by government as a matter of entitlements.
Therefore, the assertion that the funds released for this Copperbelt trip to meet the welfare of his accommodation, food, and that of his accompanying staff came from State House is only designed to embarrass President Rupiah Banda.
“We caution The Post and other persons such as Chief Nalubamba, Chief Chona and Ng’andu Magande, that Dr Chiluba reserves the right to take legal action against such persons and institutions that are determined to scandalise and defame him without cause or justification.”
Labels: CHILUBA, EMMANUEL MWAMBA
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PF to seek court order if Chiluba continues politics
By Patson Chilemba
Sat 23 Jan. 2010, 04:01 CAT
PATRIOTIC Front (PF) general secretary Wynter Kabimba yesterday warned that PF will seek a court order to stop former president Frederick Chiluba from receiving government benefits should he continue in active politics.
And Chiluba’s spokesperson Emmanuel Mwamba yesterday asked this author to ask Chiluba what he meant when told street vendors in Ndola that he was back to reorganise things.
Reacting to Chiluba’s announcement to the street vendors in Ndola that he was back to reorganise things, Kabimba said the statement by Chiluba justified the recent revelation that the former president was on the Copperbelt to campaign for President Rupiah Banda, and therefore he was still in active politics.
“And we are watching because if he continues along these lines then we will have to go to court and commence an action against him, so that he can have a court order to declare that the man is doing politics and he should not receive his benefits, so we are watching him,” he said.
On Chiluba’s campaigns, Kabimba said Chiluba should realise that he was no longer a factor in Zambian politics.
“He is there to decampaign PF and Michael Sata in particular to fulfill his partnership with Rupiah Banda, who has saved him from imprisonment. So he is paying back. So it is actually an act of gratitude, but what I want to say to him is that … wise men in history are those that realise in good time that the time to hang on to the reins of power was over,” Kabimba said.
“What Chiluba has to realise is that he is no longer a factor in Zambian politics; that he went through that phase and he is gone. So there is nothing that he can say to the people of Zambia to make them believe that he is still a factor in Zambian politics.”
Kabimba said mixing with street vendors, where he Chiluba came from, was all that he could do for now.
“He can go to Chisokone market and go and patronise ZANAMA, like Rupiah Banda did, but that is all he can do,” he said.
Kabimba said there was no political party in Zambia that could upset the PF’s dominance and popularity on the Copperbelt.
“Nobody can do that, and Chiluba is not the right soldier for that mission,” said Kabimba.
And when contacted on what Chiluba meant by saying he was back to reorganise things, Mwamba responded: “No, mukese be pusha, mukese be pusha come and ask him, come and ask him when he returns.”
When reminded that he was Chiluba’s spokesperson and the nation would be interested to know what his boss meant, Mwamba responded: “No, I will call him, I will find out.”
Asked if this fell in line with The Post’s revelation that Chiluba was on the Copperbelt to campaign, Mwamba responded: “So iwe nga waya kuchililo, wikalafye pachililo yonse 24 hours does it mean that when you go for a funeral yourself, you stay there for the whole 24 hours, you don’t do any other things?”
On Wednesday, well placed sources revealed that State House had sent Chiluba to the Copperbelt to campaign for President Banda and de-campaign Sata and the PF-UPND pact.
The sources disclosed that Chiluba travelled to the Copperbelt last weekend to kick-start his campaign for President Banda in the area.
The sources said the trip to the Copperbelt was planned well in advance and Chiluba would work closely with former MMD Copperbelt Province chairperson Terence Findlay, and other party and government officials.
Chiluba is also expected to extend his campaigns to Luapula and Northern provinces.
But Chiluba’s spokesperson said Chiluba was on the Copperbelt to attend family funerals in Ndola, Luanshya and Chingola.
Labels: CHILUBA, EMMANUEL MWAMBA, PF, WYNTER KABIMBA
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Civil society protests are pointless – Chiluba
Written by Ernest Chanda
Friday, October 02, 2009 8:31:06 AM
FORMER president Frederick Chiluba has said the civil society organisations' resolve to push the government into appealing against his acquittal is an exercise in futility.
Chiluba, who spoke through his spokesperson Emmanuel Mwamba in an interview yesterday, said his immunity was restored automatically the moment the court acquitted him.
Chiluba said anyone who wanted to bring charges against him would have to go to Parliament and ask for the removal of his immunity.
"Let us all remember that Dr Chiluba's immunity was lifted for a specific purpose; in this case he was accused of having committed some offences. These offences were prosecuted and Dr Chiluba was acquitted by the courts of law. And because of that, when the purpose for which his immunity was lifted expired, then the immunity was restored to Dr Chiluba automatically," Mwamba said. "So, what civil society organisations are trying to do is a disguise of what they are up to. We all know that they want to attack President Banda, and I challenge them to do it openly instead of using Dr Chiluba. Theirs is an exercise in futility because Dr Chiluba's immunity has been restored automatically. And anyone who wants to bring a case against Dr Chiluba should besiege Parliament and ask for the removal of his immunity."
Asked why Chiluba's lawyers wrote to Parliament asking for the restoration of Chiluba's immunity if he already had it, Mwamba said that was a moral act.
"When we wrote to the Speaker of the National Assembly, we were informing the people of Zambia that since Dr Chiluba had been acquitted his immunity had been restored automatically. So when we say someone should pass a motion in Parliament we are simply saying that is a moral issue because we hold the view that Dr Chiluba's immunity was automatically restored when he was acquitted. The removal of his immunity was legal but the restoration is a moral issue because he has been cleared by the courts of law," he said.
Mwamba said it was not strange for the Director of Public Prosecutions (DPP) to refuse to appeal against certain cases.
"We have always said that it is not strange for the DPP to refuse to appeal on a matter. The Constitution of this country allows the DPP to exercise certain functions in accordance with the law. And in this case he has resolved not to appeal based on his constitutional provisions. When Mr Sata was acquitted the DPP did not appeal despite overwhelming evidence against Mr Sata. And there are many other cases where the DPP has not appealed. So what is so special about Dr Chiluba's acquittal?" Mwamba asked.
Earlier, featuring on Radio Phoenix Let the People Talk programme, Mwamba said what the civil society organisations were doing was illegal.
The programme also featured CARITAS Zambia executive director Samuel Mulafulafu and Change Life Zambia executive director Fr Frank Bwalya.
Mwamba said the organisations could not push the government into appealing when there was a judicial review in the High Court over Chiluba's acquittal.
"A Zambian citizen, Mumbi Phiri who is also a member of parliament for Munali has gone to the High Court to seek Judicial Review over Dr Chiluba's acquittal. I wish to state that our advice to the civil society [is] if they wish to pile pressure on the DPP to appeal, or on government to appeal they should direct that the matter that is before court be withdrawn. Because the question of Dr Chiluba's appeal is in court, a citizen has taken him to the High Court and a citizen wants the court to determine," said Mwamba. "So, they can't do any action outside the judicial institution. What they are doing is promoting lawlessness and anarchy. And in conclusion we've held that whether this case reached up to Supreme Court level you will not change the fact, the true facts that are before that court. What we have seen is people want Dr Chiluba nailed for his economic and political decisions he took as president. Someone was aggrieved because they lost a job and they want Dr Chiluba to go to jail."
But Mulafulafu said Chiluba's immunity should not be restored until all court issues against him had been resolved.
"I think as civil society we still hold that Dr Chiluba's immunity has been removed and it should remain so until all the processes of appeal have been done. The registration of the London case which is still in process and any other court case that is still pending should continue; as we are made to believe and we are told that there are still cases pending against Dr Chiluba . So the immunity should still be lifted," said Mulafulafu.
And Fr Bwalya vowed to join in the honking to push the government to appeal against Chiluba's acquittal.
"Attacks on true prophets are normal in a corrupt environment especially, because what corrupt leaders do is that they try to corrupt institutions, including the church. Leaders should be made accountable by the public and the public cannot all come here. We speak for them as priests as civil society leaders, as parents and as people in authority," Fr Bwalya said. "I also want to say that tomorrow in a named town on the Copperbelt I will obey the directive of the consortium of civil society organisations yesterday [Wednesday] in that press conference. I'll wear black, I'll honk and blow a whistle and I want people on the Copperbelt to join in. We will honk for 10 minutes and no one will arrest us because the people who are supposed to arrest us are the ones who suffer more when public money is stolen."
On Wednesday, chief government spokesperson Lieutenant General Ronnie Shikapwasha was quoted by the Daily Mail as having warned civil society organisations against agitating honking and whistling as a way of pressing the government against the acquittal of Chiluba.
Lt Gen Shikapwasha said the police would be put on alert to ensure that there was law and order.
"The Judiciary should be free from interference even by those who are planning to honk and whistle," Lt Gen Shikapwasha said.
He said if some people were not happy with the judgment, there was a legal process they could follow and that it was irresponsibility on the part of the organisations to condemn the judgment passed in Chiluba's case.
"Why didn't they condemn the judgment in [Post editor] Fred M'membe's case?" he asked.
Lt Gen Shikapwasha said the reputation of the organisations agitating for chaos were at stake because there were laws that they could follow as opposed to resorting anarchy.
"Any government cannot allow people to agitate for chaos, we want peace. In every situation there is the other isde of the coin. There are people who don't agree with the plans by these organisation to bring chaos," he said.
Lt Gen Shikapwasha said the government was open to dialogue on all matters.
"I have not heard of any of these organisations approach the Vice-President, Attorney General or even myself to request for an audience," he said.
He wondered which law these organisations would use to push for an appeal when the 14 days provided for had elapsed.
"The law doesn't allow appeal after 14 days have elapsed, so which law will they use? Are they going to change the law?" he asked.
Lt Gen Shikapwasha said Ndola High Court registrar Jones Chinyama gave judgment in this case and if Task Force on Corruption prosecutor Mutembo Nchito did not do enough to argue the case in court, it was not for civil society to resort to chaos.
Labels: CHILUBA, CIVIL SOCIETY, EMMANUEL MWAMBA, LEGAL IMMUNITY
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Chiluba’s press aide accuses The Post of inciting Zambians against Chiluba
Written by Henry Chibulu in Mazabuka
Monday, September 07, 2009 3:13:46 PM
FORMER president Frederick Chiluba's press aide Emmanuel Mwamba has accused The Post of publishing stories that incite Zambians to rise against Chiluba. Featuring on Mazabuka Radio's Live Wire programme on yesterday, Mwamba accused the media of having contributed largely to the negative public perception of Chiluba.
Mwamba singled out The Post as one media institution that published stories that promoted hatred, division and bitterness. He claimed that The Post published lies and half-truths about Chiluba.
However, Mwamba said he was happy that the truth about Chiluba had come out and that Zambians were aware of who was telling lies and the truth.
Mwamba said the media in the country did not play its role of informing and educating the public because of the manner in which stories on allegations of thefts of public funds were published.
He claimed that the diet of information given to the public was not balanced, saying the biased media coverage resulted in stories being contaminated with wrong facts.
Mwamba urged the media to be responsible and objective in their reporting to avoid distorting facts.
He said Chiluba would not engage in legal battles with The Post because he regarded the attacks on him as trivial.
He said Chiluba would direct his energies towards fighting big battles in the courts of law.
Mwamba said he did not feel sorry for former Task Force on Corruption executive chairman Max Nkole following his dismissal because he fraudulently appealed against Chiluba's judgment contrary to the Director of Public Prosecutions' advice.
He alleged that Nkole used lawlessness to prosecute Chiluba.
Mwamba said Nkole would have used proper channels to appeal against Chiluba's acquittal if he meant well.
"Zambians are asking: why was Nkole so desperate to appeal when he had no powers to do so? Director of Public Prosecutions with whom the Constitution vests powers on advised him to wait, but what did we see? Nkole appealing the following day. This was illegal because he wanted to fraudulently break the law in an attempt to convict Dr Chiluba," Mwamba said.
He dismissed claims by some callers to the programme that the government had a hand in the outcome of Chiluba's corruption case.
He said such claims were being perpetuated by Chiluba's enemies.
And Mwamba said the demand for the immediate restoration of Chiluba's immunity should not be taken as an act of desperation but a constitutional entitlement.
He said the Constitution allowed Chiluba to enjoy his immunity especially that he no longer faced a criminal charge following his acquittal by Ndola High Court registrar Jones Chinyama.
Some callers to the programme asserted that Chiluba was panicking and that his immunity should not be restored because the London High Court found him guilty.
In response, Mwamba said Chiluba did not recognise the legality of the London High Court judgment, saying that particular judgment was a civil matter which could not affect the application for the restoration of his immunity even if it were registered.
Mwamba urged Zambians to forget the past, forge ahead, accept and respect the verdict of the court and support Chiluba's bid to have his immunity restored.
"This country ought to use this opportunity of the verdict that acquitted Dr Chiluba to close the matter and work towards nation healing, discussing the past will not help the country," he said.
Mwamba said many Zambians did not want to pursue the Chiluba case further because they wanted to see the development of the country.
He said only a few political enemies wanted to see Chiluba prosecuted to the grave.
He said the country could not afford to lag behind in terms of development simply because Chiluba's political enemies wanted him convicted at all cost.
Mwamba said the eight-year trial had not only been difficult for Chiluba, but had serious effects on the country's key economic sectors such as agriculture, road infrastructure and the rise in poverty levels.
He said Zambians needed to close the matter and concentrate on developing the nation and reduce the high poverty levels instead of the witch-hunting being perpetrated by Chiluba's enemies.
Mwamba said the pressure being mounted on the government to appeal against the court judgement would only slow the development process of the country.
"This country is beset with huge problems in the agriculture sector, roads are dilapidated, poverty levels are high, so why should we spend a lot of time discussing Dr Chiluba instead tackling these problems?'' Mwamba asked.
He further disclosed that Chiluba was ready to contribute an air ticket to former foreign affairs minister Mundia Sikatana to travel to the Bahamas to retrieve the US $90 million he accused Chiluba of having stashed.
According to Mwamba, Sikatana informed the nation that he knew where the money was kept and would bring it back to Zambia if given an opportunity during the time he served as minister under late president Levy Mwanawasa.
"We are wondering why the government at that time did not facilitate the travel arrangement for Mr Sikatana to go and bring the money back for the poor Zambians. However, we are ready to contribute an air ticket for him to bring back the money that belongs to the people of Zambia," Mwamba said.
He alleged that Sikatana rudely ruined Chiluba's life after retiring by issuing alarming statements on allegations of theft of public funds.
However, Mwamba said Chiluba planned to engage in resolving conflicts in the region and other duties but could not do so because of the vicious allegations aimed at bringing him down by his political enemies.
However, several callers to the programme said they were not happy with the acquittal of Chiluba.
Labels: CHILUBA, EMMANUEL MWAMBA, THE POST
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