Kayukwa's dismissal was long overdue - Chongwe
By Patson Chilemba
Sun 02 Oct. 2011, 16:20 CAT
DR Rodger Chongwe says Colonel Godfrey Kayukwa's dismissal was long overdue and President Michael Sata should be assisted in cleaning up the corruption mess in the country. And President Michael Sata has fired ACC director Kayukwa and replaced him with Rosewin Wandi, whose appointment will have to be ratified by Parliament.
Commenting on Col Kayukwa's dismissal as Anti-Corruption Commission (ACC) director general by President Sata, Lusaka lawyer Dr Chongwe said Lt. Col Kayukwa should have gone a long time ago when people demanded his resignation, only that he was stubborn.
Dr Chongwe said he was pleased that President Sata had acted to remove him from his position.
He said anyone who was serious with the fight against corruption should handle matters the way President Sata had done by first firing those at the top.
"So we are very happy that the current President has answered our prayers that we need a corrupt-free society in Zambia and we can't build that society if officers employed to prevent and also to detect corruption are themselves corrupt and if they are not corrupt they condone corruption, and even when they have detected it, they do nothing," Dr Chongwe said.
"A public servant who diligently carries out his work, and if he is impeded in doing that work by a political leader, he should not succumb to the order of that leader."
Dr Chongwe said public servants who were impeded in their work by politicians should simply resign and tell the people of Zambia why they had resigned, then would they win sympathy from the people.
"Kayukwa is leaving that office without a smidgeon of sympathy. Instead we are happy he is gone. If you are not catching corrupt people and there is a perception that you yourself have been consumed by corruption, then you go the same way as our dear friend Kayukwa," Dr Chongwe said.
"It appears to me there are very few people in our country today who care about their career service, their families and their country and are prepared to lose that dignity and honour for a few pieces of silver."
Dr Chongwe said this was unfortunately the state of affairs in Zambia today, where people were prepared to sacrifice their dignity.
"What we have to do is to support these efforts which have been started by the new President and assist him in cleaning up the mess," said Dr Chongwe.
According to a press statement issued by Special Assistant to the President for Press and Public Relations George Chellah yesterday, President Sata appointed Wandi as Director General of the ACC to take over from Col Kayukwa.
"In exercise of the powers vested in me pursuant to the provisions of Section 16 (1) of the Anti-Corruption Commission Act, Chapter 91 of the Laws of Zambia, I hereby appoint you as Director-General of the Anti-Corruption Commission. This appointment is subject to ratification by the National Assembly," stated President Sata in his letter of appointment to Wandi.
Chellah stated that Wandi's appointment confirmed President Sata's commitment to gender balance by ensuring the appointment of women to high positions of authority.
During the run-up to the 2011 general elections, Col Kayukwa lied that ACC was not investigating Universal Print Group (UPG) of South Africa, the company which the Electoral Commission of Zambia (ECZ) contracted over the printing of ballot papers, and some officers at commission for corruption and money laundering.
However, the fact was that ACC had actually instituted investigations and recorded a warn and caution statement against officials from both UPG and ECZ.
Labels: ACC, GODFREY KAYUKWA, ROGER CHONGWE
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‘Kayukwa has destroyed ACC'
By Ernest Chanda
Thu 15 Sep. 2011, 13:55 CAT
TRANSPARENCY International Zambia (TIZ) yesterday said ACC's director general Lt Col Godfrey Kayukwa's conduct over UPG's bribery has destroyed the institution's reputation. And TIZ called for Kayukwa's immediate resignation for causing irreparable damage to ACC's image and credibility.
Commenting on revelations by The Post last Monday that the Anti Corruption Commission (ACC) has been investigating UPG, the South African company contracted by the ECZ to print ballot papers for next week's election, contrary to Kayukwa's earlier pronouncements that ACC was not investigating any of ECZ's suppliers, TIZ president Reuben Lifuka said Kayukwa's behaviour was disappointing.
"Transparency International Zambi finds the latest revelations regarding the conduct of the Anti Corruption Commission and in particular the Director General Col Godfrey Kayukwa in the handling of the allegations of impropriety by UPG, as not only unfortunate but damaging to the reputation of the institution," Lifuka said.
"It is evident from the information provided thus far that the Director General was economical with the truth when he publicly declared that at no time did ACC investigate a matter connected with ECZ and/or any of its suppliers.
"This is in direct conflict with the statement recorded by the ACC from Mr Edward Ndota on 17th January, 2008 at the ACC House in Lusaka from 15:45 hours to 18:25 hours. The truth is that ACC has been investigating issues surrounding UPG for a long time and it was irresponsibility on the part of the Commission to lie to the public. This conduct by the Director General is not only undesirable but draws reputational risks to the ACC. The fight against corruption, already suffers from credibility due to the manner that ACC has conducted itself, and this latest episode simply compounds matters even further."
Lifuka wondered why Kayukwa found it convenient to intentionally mislead the nation about a matter that ACC had under its conduct. He said such behaviour could only exist where there were other interests to serve other than public interests.
Lifuka said TIZ stood by its earlier position that the allegations surrounding UPG were serious and required a timely and pragmatic response.
"We find some of the arguments for not taking action against these allegations incredulous, if not shortsighted. It is disingenuous for anyone to state that UPG is transparent simply because they have been able to deliver quality products," Lifuka said.
"It is wrong to assume without any investigation that UPG is not capable of unethical conduct which includes bribery, simply on account of the company having been the printer of ballot papers for Zambia for the last couple of years. It will be myopic for anyone to assume that only companies that deliver poor services are liable to engage in corrupt activities. It is public knowledge that in the last couple of years, world-renowned multi-national corporations like Samsung and Siemens, have had allegations of bribery leveled against them. Authorities in different jurisdictions have not shied away from investigating these entities simply because they deliver quality goods and services. Similarly, these companies have had to deal with these allegations head on and they have not sought to clothe themselves with any form of immunity from investigation and prosecution on the grounds that they are handling sensitive public procurements."
Lifuka said UPG should therefore be investigated in full and its corruption brought to the fore.
He expressed disappointment that the ACC had been passionate about defending clear-cut corruption.
"UPG should not be sanitised and absolved from investigation simply because they are engaged in an important process of printing ballot papers for Zambia. UPG should be investigated in much the same way that ACC investigates any local company that supplies goods and services to Government. Failure to do so, will simply build impunity and disorder. What will give ACC the moral right to pursue any local company alleged to have bribed public officials, when it is failing to do so for UPG?" Lifuka asked.
"Again, we wish to state that the simple passage of time, will not erase these allegations and ACC should do what is publicly expected of them and investigate these allegations. As TIZ, we are disappointed to note that from the foregoing that Col. Kayukwa has been too defensive and too passionate about supporting the very wrongdoing that his institution is mandated by law to address. ACC requires leadership that is non-partisan, committed and dedicated to public service. Unfortunately, we fear ACC is rapidly losing credibility and the dire consequences of a weak anti-corruption body, are too ghastly to contemplate. We are aware that there are several other cases which ACC is not acting on for reasons that defy logic."
Lifuka said TIZ felt let down by the ACC's conduct and called for Kayukwa's resignation.
"As anti-corruption activists and practitioners, we feel let down by these acts of commission and omission and we are left with no other choice but to demand the immediate resignation of Col Kayukwa as Director General of the ACC. We are of the strong opinion that unless immediate action is taken to salvage the image of ACC, the admirable and diligent work of many gallant ACC officers, who have loyally served this country, will come to nothing and they will stand discredited for the failings of their superiors," said Lifuka.
"We want to urge the ACC Commissioners to equally do their own due diligence before defending and giving legitimacy to wrong actions of their management and staff. It is a pity that the ACC chairperson judge Timothy Kabalata joined the fray to simply parrot the same misleading statement from their Director General. ACC Commissioners should endeavour to embark on a process to rebuild the tattered image of the Commission."
Labels: ACC, CORRUPTION, GODFREY KAYUKWA, REUBEN LIFUKA, TIZ
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What connects Rupiah, Kayukwa, Neo and UPG?
By The Post
Tue 13 Sep. 2011, 14:00 CAT
IT is very difficult to sustain things using lies. It is said that lies have very short legs. In fact, it is more accurate to say that lies have no legs at all. This is what explains why liars have to keep telling lies. This is why one lie always leads to another.
When we reported that the Anti Corruption Commission knew something important about Universal Print Group that they were not telling the public, all sorts of things were said. Given Lubinda, who raised the initial alarm, was lambasted and his political party, the Patriotic Front, was accused of bringing up unimportant issues simply because they were not ready for the election.
The fact that the allegations of corruption, bribery and money laundering that Lubinda was raising were very important did not seem to deter the Electoral Commission of Zambia and even the Anti Corruption Commission from dismissing his concerns about dealing with a company that has a known involvement in acts of corruption, bribery and money laundering.
What is more serious is the fact that the Anti Corruption Commission's Godfrey Kayukwa went further and told blatant and manifest lies. In the face of a clear challenge that Universal Print Group, the company the Electoral Commission of Zambia had contracted to print ballot papers for next week's elections, was a corrupt company that should not have been engaged, Kayukwa issued a press release on August 11, 2011 in which he said there was no investigation concerning the Electoral Commission of Zambia or any of its suppliers.
But as can be seen from the documents that we published yesterday, this same Anti Corruption Commission had, only some 16 weeks before, recorded a warn and caution statement from a former director of Information Technology at the Electoral Commission of Zambia, Mfula Mpundu, in which they informed him that the Commission was conducting investigations into an allegation that he was bribed by the Universal Print Group to the tune of US $90,000 in relation to Electoral Commission of Zambia contract work.
The obvious question that arises is: why did Kayukwa decide to tell such a lie? Who was he protecting? And for what? We say this because it does not make sense for the head of the Anti Corruption Commission to tell such a lie.
Was Kayukwa acting alone or is he under instruction from his usual puppeteers? We do not expect Kayukwa to tell such a lie without having cleared himself with his political masters. We were, therefore, not surprised that it did not take long for Rupiah Banda to dive into the fray in defence of Universal Print Group. On at least two separate occasions, Rupiah was heard vehemently defending Universal Print Group, claiming that they are credible.
Is it possible that Rupiah did not know that Universal Print Group had been paying bribes to Electoral Commission of Zambia officials and had also engaged in money laundering? There is no doubt that Rupiah knew that Universal Print Group are a bunch of corrupt and scheming criminal types that should not be trusted by anyone. Could that be the reason why he was defending them? We say this knowing very well that Rupiah has no shame in defending criminality. This is one of the outstanding features of his presidency.
This is the man who does not feel any shame in publicly defending criminality. It is clear that the criminal inclinations of Universal Print Group are a quality that has endeared them to Rupiah. This is why the whole government machinery and their constellation of vuvuzelas jumped at the opportunity to defend Universal Print Group.
What is it that Universal Print Group is able to do for Rupiah that has made it necessary for him to personally defend them? Why is it so important for the entire Anti Corruption Commission to lie about an investigation against Universal Print Group?
Why was the Electoral Commission of Zambia so defensive and abusive in their response to Lubinda when he raised a question of Universal Print Group's corruption? Further still, why was the Electoral Commission Zambia determined to push ahead with Universal Print Group even if it was demonstrated to them that the company was corrupt and, therefore, not entitled to carry out any public contracts in terms of our law? These are legitimate questions that deserve an honest answer.
We have no doubt that Universal Print Group and the MMD have a relationship that could include vote tampering through the supply of duplicate ballot papers bearing the same serial numbers as those which have been officially supplied for the elections to give the MMD an opportunity to interfere with the will of the people should the election be seen to be going against them.
We have not forgotten that in 2008, some 600,000 ballot papers mysteriously arrived at Lusaka International Airport which Electoral Commission of Zambia claimed not to have ordered. Then who did and who paid for them? It is very clear that the MMD has realised that this election is an impossibility for them. They know that the opposition, particularly the Patriotic Front, have been making serious progress and inroads into what were their previous strongholds, making the possibility of MMD winning this election very difficult.
This is what explains the attempts at conditioning minds by the production of so many opinion polls, some of which are so transparent in their attempt to mislead our people. These opinion polls are necessary because the MMD would like to justify their attempts at rigging.
Last week, discredited academician Neo Simutanyi sent this newspaper his opinion poll in which he made a number of astounding claims which were contradicted by his own statistics and demographic logic. It is clear that Simutanyi was trying to do the MMD a favour by telling them that they are winning.
And it would appear that he needed statistics to back him up. One of the things that Simutanyi said was that MMD is going to win because it has consolidated itself in its strongholds. What he omitted to tell our people was the base from which he began in order to make the claim that MMD had consolidated itself in its strongholds.
Even a first-year statistics student could have done a better job than Simutanyi. In the Eastern Province, Simutanyi said that his poll predicted that Rupiah was going to get 51 per cent of the vote. What he did not tell the public is the fact that in 2008, Rupiah got 75 per cent of the vote in the Eastern Province. By his own numbers, Simutanyi was saying that Rupiah had lost 24 percentage points between 2008 and now.
How can that be consolidation? Simutanyi lied and is attempting to mislead the public. In the Western Province, Simutanyi stated that his poll showed that MMD would get 41 per cent. In 2008, Rupiah garnered 72 per cent of the vote in Western Province. This means that Rupiah was losing 31 percentage points in Western Province. Again, Simutanyi calls this consolidation.
What nonsense is this? When you compare Simutanyi's so-called poll with the results of 2008, MMD also loses eight percentage points in North Western Province and seven percentage points on the Copperbelt.
By Simutanyi's own poll, MMD does not gain in any of its strongholds. Why is Simutanyi telling lies? Simutanyi then goes into what we might call demographic nonsense because he claims that the Patriotic Front loses percentage points in all its strongholds but gains in all the provinces where it was previously very weak. Simutanyi wants us to believe that the Patriotic Front loses popularity in Lusaka, Copperbelt, Northern and Luapula, but gains huge points in North Western, Southern, Eastern and Central provinces. What is the point of all this nonsense? Why are we discussing it?
It is clear that these so-called polls are designed to condition the minds of our people to accept electoral fraud. The same question can be raised about Kayukwa's lies about Universal Print Group. Why is he lying? It is not far-fetched to say that his bosses have a vested interest in Universal Print Group. They know that if the corruption of Universal Print Group were exposed, then it might become very difficult for them to carry out their schemes.
The same question can be asked about why Rupiah defended Universal Print Group. He needs them. But let Rupiah and those that are cheating him know that they can cheat some of our people sometimes but they cannot cheat all our people all the time.
It is said that those who don't learn from history are bound to repeat the mistakes of history. Rupiah should learn from Laurent Gbagbo.
Labels: 2011 ELECTIONS, ACC, CORRUPTION, DR NEO SIMUTANYI, GIVEN LUBINDA, GODFREY KAYUKWA, RUPIAH BANDA, VOTERIGGING
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Lubinda demands Kayukwa's resignation
By Ernest Chanda
Tue 13 Sep. 2011, 13:59 CAT
GIVEN Lubinda has demanded the resignation of Anti Corruption Commission (ACC) director general Lieutenant Colonel Godfrey Kayukwa for incompetence. Commenting on revelations in yesterday's Post that the commission in fact was investigating corruption and money laundering cases involving some officials at the Electoral Commission of Zambia (ECZ) and Universal Print Group (UPG), Lubinda who is PF Kabwata parliamentary candidate said the truth had been laid bare.
In a press statement last month, Col Kayukwa denied ever investigating corruption at ECZ on any of its suppliers. But documents obtained by The Post have revealed that the ACC had in fact investigated the matter.
Lubinda wondered what Col Kayukwa's response would be to such revelations after covering up corruption for UPG of South Africa, a company engaged by the ECZ to print ballot papers for next Tuesday's general election.
"Now, as for Kayukwa the truth has been laid bare. I'm glad that The Post has also managed to get documents without me knowing about it. In their investigative skills they have helped me lay the truth bare. Now this must vindicate me, and in my being vindicated Col Kayukwa must do the honourable thing expected of honourable men and women, and that is to resign. We cannot have a director general of the Anti Corruption Commission who has all intentions of covering up corruption of this magnitude. I therefore appeal to him to immediately tender his resignation so that the Anti Corruption Commission should earn its integrity and credibility," Lubinda said.
"Under Col Kayukwa, I'm afraid that the ACC will not be respected by people. And an anti-corruption commission that does not enjoy the respect of the public cannot perform appropriately in the fight against corruption because potential informers will not have the confidence in informing the Anti Corruption Commission for fear that their information will just be brushed aside; for fear that the information may just be turned against them. So for the sake of us as a country winning the fight against corruption, I would like to urge Col Kayukwa to resign because now his lies have been laid bare."
Lubinda said when he first told the nation about UPG corruption, Col Kayukwa intimidated him through summons to their offices.
Lubinda said even police inspector general Francis Kabonde mocked him last week by saying he had no evidence on UPG corruption.
Lubinda said he wondered what Col Kayukwa and Kabonde would now say in view of the revealed documents.
"Now I wonder what Col Kayukwa will say. Is he still insisting that what I've been saying has been untrue? Is Col Kayukwa insisting that the Anti-Corruption Commission has not been investigating any supplier to the ECZ? Is Mr. Rupiah Banda going to continue to say that UPG is a damn clean company? Is Madam Dora Siliya going to continue saying I'm a liar? As for Col Kayukwa doesn't it touch his conscious now and that I deserve an outright apology?" he said.
"I kept telling the Zambian people, I kept telling Col Kayukwa that I was sitting on a volcano of information. Now finally the volcano has erupted. Is Col Kayukwa going to pretend that he never knew that Anti Corruption Commission actually took a warn and caution statement? Does he want to pretend that he didn't know? And indeed if he didn't know that there was a warn and caution statement taken by one of his officers then he deserves to be dismissed for incompetence because no investigations of that nature can be undertaken by a junior investigating officer at Anti Corruption Commission without the mandate of the director general."
Lubinda said it was surprising that even after he mentioned Venturefin and Aeron as companies used in money laundering, Col Kayukwa still chose to sit on the matter.
He has since challenged Kabonde to arrest culprits now that the evidence had been laid bare.
"When I mentioned Venturefin and Aeron, Mr Kayukwa responded by saying they were not investigating ECZ, and they were not investigating any supplier to ECZ. But now it has been established that actually this Vaidi is the one who was soliciting invoices from Venturefin, invoices that were supposed to go to an offshore dubious company called Aeron. What is it that Mr Kayukwa was defending? How many other cases has Mr Kayukwa sat on?" he asked.
"And for Inspector General of Police Francis Kabonde he was saying I didn't have evidence because if I had evidence I would have gone to court. Now, he is the police chief and the police have the anti money-laundering unit that falls under Kabonde. Now Kabonde has evidence in today's yesterday's newspaper The Post. If indeed he is chief police officer who wants to act in the interest of the nation, can he swing into action now and question Col Kayukwa? Why did Kayukwa sit on such vital information? Why did he not effect an arrest for money laundering? Mr Kabonde should not pretend that he doesn't have information therefore he needs a complainant, no. Over matters such as this the state can be a complainant, and he can be complainant number one. Let him arrest those people who were involved in money laundering."
And Lubinda has challenged President Banda to state whether or not he knew something about the warn and caution statement that ACC recorded over the UPG saga.
"And I would like also Mr Rupiah Banda to state to the country whether or not he knew about this warn and caution statement, and whether it was on the basis of this warn and caution statement that he declared that UPG was a credible company worthy of being given a contract of such magnitude," said Lubinda.
Labels: ACC, CORRUPTION, ECZ, GIVEN LUBINDA, GODFREY KAYUKWA, PF
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Nalubamba calls on Kayukwa to resign
By Moses Kuwema
Tue 23 Aug. 2011, 17:40 CAT
ACC director general Lt Col Godfrey Kayukwa is irresponsible and a danger to the country, says senior chief Bright Nalubamba. Commenting on the continued corruption revelations surrounding Universal Print Group (UPG), a South African company engaged to print ballot papers for this year's elections, chief Nalubamba of the Ila people of Namwala district said Lt Col Kayukwa had proved that he was not impartial in his work and should therefore leave the system.
"The director general at ACC is totally irresponsible and a danger to the country. If he is not going to be impartial in his work, then what he can do is get out of the system. If he is a man of dignity, let him resign instead of being forced out," chief Nalubamba said.
"How can he be changing statements from one to another. He is confusing us and is totally irresponsible and a danger to the country, he must go."
Chief Nalubamba said there was need for the ACC to carry out thorough investigations on UPG in order to restore the people's confidence in the electoral system.
"What is impossible for the ACC? It's now extremely urgent for them to do something before it is too late otherwise the loss of confidence by the people can amount to chaos eventually or ultimately.
Why should they delay in investigating? What are they hiding? If Given Lubinda has raised those important details, then it means people's expectations are now high, we expect the ACC to do the investigations to prove Lubinda wrong or right," chief Nalubamba said.
He said the ACC had no choice but to convince Zambians that there was nothing in Lubinda's allegations and if there was something then they should inform the Electoral Commission of Zambia to drop the printing contract with UPG.
"The ACC right now has no confidence of the Zambians. I think if they are working for Zambians they have no choice but just to do that otherwise we won't be convinced that that contract was done properly," he said. "There is even talk of money being paid through an account at Stanbic Bank Zambia.
Do they mean there is no truth at all in the whole system? As Zambians we are not convinced that things are running well. We fear elections might be rigged and time is running out. What is the problem? Why is the ACC refusing to listen to the voice of the people?"
Labels: ACC, CHIEF NALUBAMBA, CORRUPTION, GODFREY KAYUKWA
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Nalubamba calls on Kayukwa to resign
By Moses Kuwema
Tue 23 Aug. 2011, 17:40 CAT
ACC director general Lt Col Godfrey Kayukwa is irresponsible and a danger to the country, says senior chief Bright Nalubamba. Commenting on the continued corruption revelations surrounding Universal Print Group (UPG), a South African company engaged to print ballot papers for this year's elections, chief Nalubamba of the Ila people of Namwala district said Lt Col Kayukwa had proved that he was not impartial in his work and should therefore leave the system.
“The director general at ACC is totally irresponsible and a danger to the country. If he is not going to be impartial in his work, then what he can do is get out of the system. If he is a man of dignity, let him resign instead of being forced out,” chief Nalubamba said.
“How can he be changing statements from one to another. He is confusing us and is totally irresponsible and a danger to the country, he must go.”
Chief Nalubamba said there was need for the ACC to carry out thorough investigations on UPG in order to restore the people’s confidence in the electoral system.
“What is impossible for the ACC? It’s now extremely urgent for them to do something before it is too late otherwise the loss of confidence by the people can amount to chaos eventually or ultimately. Why should they delay in investigating? What are they hiding? If Given Lubinda has raised those important details, then it means people's expectations are now high, we expect the ACC to do the investigations to prove Lubinda wrong or right,” chief Nalubamba said.
He said the ACC had no choice but to convince Zambians that there was nothing in Lubinda's allegations and if there was something then they should inform the Electoral Commission of Zambia to drop the printing contract with UPG.
“The ACC right now has no confidence of the Zambians. I think if they are working for Zambians they have no choice but just to do that otherwise we won't be convinced that that contract was done properly,” he said.
“There is even talk of money being paid through an account at Stanbic Bank Zambia. Do they mean there is no truth at all in the whole system? As Zambians we are not convinced that things are running well. We fear elections might be rigged and time is running out. What is the problem? Why is the ACC refusing to listen to the voice of the people?”
Labels: ACC, CHIEF NALUBAMBA, ECZ, GODFREY KAYUKWA, VOTERIGGING
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Lubinda gives details of UPG’s corruption
By Ernest Chanda
Sun 21 Aug. 2011, 12:20 CAT
GIVEN Lubinda yesterday provided more details on the corruption and money laundering of UPG, the company engaged by the ECZ to print ballot papers for next month’s general elections. And ADD president Charles Milupi has warned that the ACC is setting ground for chaos in the country because of its behaviour over UPG’s corruption.
Addressing the press in Lusaka, Lubinda, the PF Kabwata parliamentary candidate, said he was releasing just a little more information to demonstrate to the Anti-Corruption Commission (ACC) that he was sitting on a mountain of information although they were trying to mislead the public that he and The Post had failed to provide information on UPG’s corruption. Lubinda then proceeded to show how UPG’s corruption and money laundering had been operationalised.
“On Sunday August 14, 2011, I addressed you my colleagues from the press on the concerns I had about the corruption, bribery and money laundering activities of Universal Print Group,” Lubinda said. “My concerns are not a matter of cheap political point scoring but are borne out of deep-seated concerns about our democracy and the peace and stability of our nation.
One of the fundamental ways in which the peace and stability of our country and its democracy can be sustained and protected is to ensure that we have a credible, free and fair election system. This system should not be tainted by suspicions of corruption of any kind. This is in order that such a system should perform its function of being the means by which our people are able to express their wishes about who should govern them.”
Lubinda said since the electoral process was such an important part of Zambia’s democratic system, no criminality of any kind should be permitted to play any part in its function. He said that was why he had objected to the participation of UPG in Zambia’s electoral system.
“UPG are criminals who should be prosecuted but today, they are being defended by the government and more disappointingly by the Anti Corruption Commission. The Anti Corruption Commission is supposed to be protecting our country from the vices of corruption, bribery and the resultant money laundering. But in our case, the ACC has decided to become the defender of criminals,” Lubinda said.
“On Sunday, I challenged the ACC to deny that they had not interviewed anyone on the payment of bribes to officers of the Electoral Commission of Zambia by UPG. I also challenged the ACC to deny that they did not have information that Mr Vik Vaid, the UPG projects manager, was a conduit of bribes to officers at ECZ. I also challenged the ACC director general Lt Col Godfrey Kayukwa to deny that they did not know Stanbic Bank Zambia Limited account number 0140034477502 to be one of the accounts used to pay bribes to officers of the ECZ.”
Lubinda said his challenge came after Lt Col Kayukwa issued a press statement in which he falsely told the nation that there was no investigation, which touched upon the ECZ or any of its suppliers.
“This statement was calculated to deceive the public by telling them that UPG was not a target of any investigations at ACC. Lt Col Kayukwa tried to trivialise this serious matter by warning me not to drag the ACC into politics. In addition, UPG on their part issued a statement in which they claimed innocence concerning this matter,” Lubinda said.
“It is disappointing that Lt Col Kayukwa, for reasons best known to himself, has decided to tell blatant lies on such an important issue. When he invited me to the ACC, I was shocked that he did not seem to have any problem in changing his position and admitting that there was an investigation on UPG and he wanted more information from me. This is a man who had told the nation that there was no investigation on UPG. The question is: why?”
Lubinda said Lt Col Kayukwa’s lies must be motivated by the knowledge that telling the truth would greatly disadvantage the government and the ECZ who have retained a corrupt printer to participate in preparations for next month’s elections.
“When I provided the account number, I did so in the hope that it would help Lt Col Kayukwa to see that telling lies was not helpful. By these lies, Lt Col Kayukwa is endangering the peace and stability of our country,” Lubinda said.
“You may recall that last week when I addressed you, I intimated that if ACC and particularly Lt Col Kayukwa does not inform Zambians on the scandal involving UPG, I would be releasing more details to prove my case. I said then that the account number I released was just a tip of the iceberg.
“For those who may doubt what I am talking about, let me assure you that I am sitting on a mountain of information concerning this very serious matter. Today, therefore, I want to provide some little more detail on how the corruption and money laundering of UPG has been operationalised.
“The UPG appears to request some targeted officers of the ECZ to set up dummy companies. These dummy companies, which appear not to be connected to ECZ or any of its officers, are then requested to give fictitious invoices to companies created and controlled by UPG in tax havens. In one of the cases that illustrate this, a senior officer of the ECZ together with other colleagues set up a micro-finance company here in Zambia called Venturefin. This has been confirmed by ex-Venturefin employees. Venturefin later issued a dubious invoice for a colossal amount of US $90,000 to a UPG-connected company called Aeron Limited of Mauritius for fictitious services. Aeron then paid Venturefin. This money was received in Stanbic Bank account number 0140034477502 and enjoyed by an official of ECZ.
“Lt Col Kayukwa knows these facts. Whistle-blowers have already given the ACC this information and they have confirmed this. And some of those whistle-blowers have been interviewed by the ACC and have repeated the same facts to the Commission and the ACC should have those statements.”
Lubinda said UPG had by their actions not only engaged in corruption through bribery but also money laundering.
“This is the kind of company that ECZ is asking us to accept as a partner in running our elections. This is wrong. The cover up that the ACC is involved in by denying knowledge of investigations they have carried out leaves me as an interested person very worried,” Lubinda said.
“When I first raised this matter, it was with hope that the ACC would assist the ECZ to revisit the idea of having UPG to print our ballot papers. Numerous citizens and some civil society organisations supported that view. Nonetheless, this was not to happen. And as we all know, UPG have commenced the production of ballot papers.
“However, this does not make this matter redundant. The malpractices of UPG with some individuals at ECZ shall be as relevant after the elections as they are now and as they were before they started printing ballot papers. As such, even after elections, these matters will still be of great national importance. Whether we win or lose is beside the point. These matters will be followed.”
Lubinda said the same whistle blowers who told him about UPG corruption also went and told Kayukwa about the matter.
“Whilst whistle-blowers have already given the ACC this information, I also want to say to you that those whistle-blowers have actually confirmed with me. The people who went to Colonel Kayukwa and gave him the information came back and said, ‘Zayelo, we have told him.’ And some of these whistle-blowers, my brothers and sisters, have been interviewed by the ACC and they have repeated the same facts to the Commission; and the ACC have these statements. Why hide and seek? Colonel Kayukwa, why?” Lubinda asked.
Asked why the PF was participating in an election whose ballot papers were printed by a company the party leadership had branded as corrupt, Lubinda said he was motivated by the fact that many voters wanted change in order to fight corruption seriously.
Lubinda said even though his party’s slogan is never to say anything, he was bound to disclose the information.
“I know that in my party we say, ‘Don’t kubeba’ (Don’t tell them) but today we shall tell them because this is a serious matter of public interest,” Lubinda said as PF cadres shouted: “Bebeni, bebeni (Tell them, tell them!)”
Lubinda further challenged journalists from the public media to ask Lt Col Kayukwa about his revelations on UPG’s corruption and bribery.
“My colleagues in the public media, I know that you have been writing that Lubinda this, Lubinda that. So, please, from what I have revealed today, you can also go and ask Colonel Kayukwa what he knows and what he is going to do about it because he has this information,” said Lubinda.
And commenting on the UPG saga, Milupi, who is a presidential candidate in this year’s election said the ACC’s job was to arrest criminals and not to defend them.
“The Anti Corruption Commission, when corruption is reported, their job is to quickly investigate and assure people that action has been taken. This attempted cover up to make people believe that they are not aware of this corruption is absolutely wrong and they are setting the seat for creating chaos in this country,” Milupi said.
He said what had happened so far did not instill confidence in stakeholders.
Milupi urged the Electoral Commission of Zambia and the MMD government to take the UPG matter seriously and suspend the printing of ballot papers.
“The people in government must remember that Hosni Mubarak a few months earlier he had won by a landslide victory in the election. What is happening to him now? Even before the ink on the ballot papers that had made him win by a landslide had dried up, he is now in a cage. That’s what may happen to Zambia,” said Milupi.
“The whole process leaves much to be desired. What has happened so far is not giving stakeholders and the citizens confidence that we shall have free and fair elections that will deliver the result that will be accepted by all. It is not for President Rupiah Banda to comment on this one; it is a baby of the Electoral Commission. You people at The Post have called them UPG criminals. If they were that clean they would have dragged you to court; but this has not happened.”
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Labels: 2011 ELECTIONS, ACC, CHARLES MILUPI, CORRUPTION, ECZ, GIVEN LUBINDA, GODFREY KAYUKWA
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Kayukwa doesn’t need assistance on UPG
By The Post
Fri 19 Aug. 2011, 12:10 CAT
When we stated that Godfrey Kayukwa, the director general of the Anti Corruption Commission, has no integrity to continue running the affairs of the Commission because of the shameless lies he has told about the corruption of Universal Print Group, we meant what we stated.
It is now very clear that we were not wrong when we stated that Kayukwa has joined the efforts to shield the criminality of Universal Print Group. The question is: why? It is shameful that a person holding such an important position in the public life of our country can be so spineless as to willingly join a scheme whose only discernible purpose is to deceive our people in all sorts of ways.
We are not surprised that Kayukwa has now decided that the best way to cover up his wrongs, his shameless lies, is to pretend that he is carrying out an inquiry on the alleged corruption of Universal Print Group. His behaviour has proved what we have been saying. This man is a dangerous liar.
And at the rate he is going, we will not be surprised if he begins to commit all sorts of criminal wrongs to try and demonstrate that he did not lie when on August 11, 2011, he released a press statement stating that “there is no investigation concerning the ECZ or any of its suppliers”.
Only seven days ago, Kayukwa stated that there was no investigation, and yet yesterday, he sent us a letter, asking us to “kindly avail the information available with yourselves to the Commission in order to facilitate progression of the inquiry…” This is the same man who said there was no investigation against any supplier of the Electoral Commission of Zambia. Now he is asking us to “facilitate the progression of the inquiry”.
Which inquiry is being progressed? This is the man who said there was no investigation against any supplier of the Electoral Commission of Zambia. Yesterday, this same man had the audacity to send us a letter in which he is supposed to have been carrying out an inquiry about “Alleged corruption – Universal Print Group.”
This is what happens when people have no respect for others. We say this because we have made it clear to those who have cared to ask us and in our editorial comments that we, as a newspaper, are not in the habit of publishing things that we cannot prove. We do not call people corrupt simply because somebody has climbed on an anthill and called another person corrupt.
Whatever people may think, we are a responsible organisation that weighs every word we use in our publication. If somebody calls Universal Print Group corrupt, we do not publish those words unless they are proven to us.
It has been proved to us that Universal Print Group has been engaged in proven acts of corruption, bribery and money laundering. We also know that this information has been given to Kayukwa.
This is why we find Kayukwa’s nonsense of a letter to us annoying. We may not have a lot of respect for Kayukwa but we definitely respect his office because it is important in our country. We cannot countenance such an important office being used to tell the kinds of lies that Kayukwa wants to peddle on behalf of his paymasters.
We know that Kayukwa is not serious when he asks us for information because he has more information than us on the corruption of Universal Print Group.
When Kayukwa told the lies that he told about the corruption of Universal Print Group, he gambled on the fact that we did not know what we were talking about. He thought we could not prove what we were saying. Now Kayukwa knows that we know and he realises the implications of the cover-up that he has engaged in.
Instead of being honourable and telling the public that he lied to them when he stated that there was no investigation against any Electoral Commission of Zambia supplier, he wants to draw us into a side show that takes away the significance of the lies that he has told.
When this matter was first published, we did not do it without going to Kayukwa and justice Irene Mambilima, the chairperson of the Electoral Commission of Zambia. We asked them for their comment on the story we were working on about the corruption of Universal Print Group. Justice Mambilima was not available on more than one occasion. As for Kayukwa, the reporter working on the story managed to get through to him.
His position which we published in the story that we carried was that we should give him a written press query, which we did. Kayukwa ignored our query for almost a week. And when he commented on this issue, he issued a statement which he did not even bother to send to us.
Kayukwa had it distributed to the state media and we were excluded although we were the ones who raised the query. This is the person who is today calling us to go and meet him.
It is unfortunate that Kayukwa wants to play games with such an important matter. This is a matter that could put this country in flames. A person in Kayukwa’s position should understand that and behave in the most responsible way. This is not about the people who gave him a job; this is about our country.
Kayukwa sent us a letter, which was delivered during lunch time, inviting us for a meeting. He expected us to meet him at 16 hours of the same day.
Before we even finished digesting the contents of his letter, we received a press statement in which he was announcing that he had invited Given Lubinda and this newspaper for a meeting so that “they can provide information on the alleged corrupt activities involving Universal Print Group of South Africa which has been contracted to print ballot papers for the September 2011 general elections”. Is this the way investigations are carried out?
Clearly, Kayukwa thinks this is a game. We have asked him very simple questions which he has refused to answer. Is he telling the nation that the Anti Corruption Commission has not investigated any corruption involving Universal Print Group? What about the alleged corruption of Mpundu Mfula that he talked about in his press statement? What is it about? Does it involve Universal Print Group?
What Kayukwa is doing is destroying an institution that this country desperately needs to function properly in order to stop the rampant vandalism and pillaging of public resources. But with people like Kayukwa at the helm of such an institution, what hope is there for our people? A man who lies and continues to lie as if that is what he is employed to do is a danger to himself and to the nation.
The issues that we have raised about Universal Print Group are not simple matters. We have carried stories that have demonstrated that Universal Print Group is a corrupt company. We have shown that they have been engaged in corruption with officers of the Electoral Commission.
Kayukwa has been challenged to deny that the Anti Corruption Commission has investigated Stanbic Bank Zambia Limited account number 0140034477502. He has not answered these questions. It is not for us to start telling Kayukwa what he has done or not done. He knows what he has done or not done.
Anyway, we understand the game that Kayukwa is playing. He wants to pretend to the public that he is investigating the allegations that have been made against Universal Print Group.
This is nonsense because we know for a fact that the Anti Corruption Commission has all the information about the corruption of Universal Print Group. Kayukwa knows that he lied when he said the Anti Corruption Commission was not investigating any corruption involving any supplier of the Electoral Commission of Zambia.
We say this because we know for a fact, and will prove it when the time is right, that the Anti Corruption Commission has investigated Universal Print Group’s payment of bribes to Electoral Commission of Zambia officials. If Kayukwa was truly interested in fighting corruption, he would have told the truth about this matter long ago.
Kayukwa knows that Universal Print Group should not be involved in the printing of ballot papers because of their corruption. But why is he not telling the truth? Who is he scared of? What kind of Anti Corruption commissioner is this? By calling us, in the way Kayukwa has done, they are simply trying to divert attention from their own mischief.
Kayukwa knows that Universal Print Group is corrupt. He knows that we know and all he is trying to do is to establish how much we know so that he can design more lies. This won’t work. It is an abuse of the Anti Corruption Commission and we will not be a party to such abuses.
Labels: 2011 ELECTIONS, CORRUPTION, GODFREY KAYUKWA, VOTERIGGING
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M’membe tells Kayukwa off
By Ernest Chanda
Fri 19 Aug. 2011, 13:10 CAT
Post editor Fred M’membe yesterday told ACC director general Lt Col Godfrey Kayukwa off over UPG’s bribery and corruption investigations. And Kayukwa yesterday confirmed that in fact ACC has been investigating UPG’s corruption allegations, contrary to his earlier press statement that the ACC were not investigating any matter concerning UPG.
In a meeting at the Anti Corruption Commission (ACC) headquarters in Lusaka that followed a call Kayukwa had made to The Post and Kabwata PF parliamentary candidate Given Lubinda, asking them to report to him at 16:00 hours over the Universal Print Group (UPG) corruption stories and editorial comments, M’membe told Kayukwa that he was not fit to lead ACC and that he was aiding criminals.
This was after Kayukwa requested M’membe and Lubinda to provide him with any evidence linking UPG to bribery, corruption and money laundering.
M’membe told Kayukwa that although he had the information, he could not give it to him because he already had the information although initially he had lied to the public that ACC was not investigating UPG, a South African company engaged by the Electoral Commission of Zambia (ECZ) to print ballot papers for next month’s general elections.
Kayukwa then asked The Post lawyer Mutembo Nchito to confirm whether or not his clients would give him the information they had on UPG.
In response, M’membe said: “Not to you. If somebody else tomorrow takes your place, we will deal with that person. You have lost our trust. You have lost credibility and we don’t believe that you should be here. We sincerely don’t believe that you should be here, Sir. In our view, you are not fit to head this organisation; you are aiding criminals.”
The meeting which started about 16:10 hours and ended at 17:05 hours was attended by Kayukwa, ACC director of investigations Edwin Sakala, chief investigations officer Zondwayo Soko, public relations manager Timothy Mono and corporate affairs officer Chomba.
And M’membe was accompanied by his lawyer Nchito, Post deputy editor-in-chief Sam Mujuda, managing editor Amos Malupenga, reporters Ernest Chanda and Cynthia Phiri. Lubinda was in the company of fellow PF leader Charles Banda. The meeting was also covered by Joy FM Radio reporter Kunda Kunda.
Below is the verbatim report of what transpired at the meeting:
Lt Col Kayukwa: I think before we get into anything now, I wish to say that we could still talk to you in the absence of all other people. But then all the rights are yours. You tell us what you would like to give. I wish to start with Mr. Lubinda.
M’membe (chips in): Colonel, I’m Fred M’membe. We’ve never met. I’m the man in charge of The Post. I am responsible for everything that is published in the newspaper.
I think before we get into anything, I want to put it on record that I’m very disappointed with your conduct. I was attending a workshop at the judiciary today to do with computerisation.
When I went for lunch at the office, I found a letter from yourself requesting us to come here at 16:00 hours. I had to abandon the programme. The notice was very short. I don’t think that’s the right way to call other people on matters that are so serious.
While I was still digesting that letter which you sent to us, we received a press release from yourself informing the press that you have called us.
I find this seriously lacking seriousness and it’s serious lack of respect for other people. If you want us to work with you and cooperate with you, this is not the way you do it.
If you wanted us to be paraded before the press to deal with this issue, you can do so and not disguise it. I think you are not interested in serious investigation of this issue. You are not the first organisation to invite us. Last week Friday, we were invited by justice Irene Mambilima at ECZ Electoral Commission of Zambia.
A team of four people including our legal counsel went there. Nobody knows that such a meeting took place. We were discussing this issue with them. All the commissioners were there. The entire top management of ECZ was there. We had a very fruitful off the record discussion, which we have not even published; nobody knows that we went to ECZ. But before we could even come here, you put a press release. What do you want to discuss with us?
Col Kayukwa: Have you finished?
M’membe: No, I haven’t finished. This behaviour is not befitting of such an important position at ACC; it’s not befitting! You know even the thing that you are calling us for, you know. You have more information on this issue. And don’t try to hoodwink the public, you know! You are behaving in an extremely reckless manner. And don’t involve us in wrong things.
We don’t do wrong things. If you have decided to cover up this issue, cover it up on your own. Don’t involve us. You are behaving in the most reckless way for a citizen of your position. You are leading a very important organisation in the country. And this is not the way to lead such an important organisation.
If you have called us here to come and tell you our sources, you could have done it better. Mr. Kayukwa, this is not the way to lead. Anyway, you are Colonel Kayukwa. I shouldn’t withdraw that from you, you earned that rank and it’s an important rank as well. Sorry to call you Mister. You are Colonel.
I don’t think this is the way to do it. All these things we have been publishing you know them. We sent you a press query…
Col Kayukwa: Excuse me…
M’membe: No, I’m not finished. We sent you a press query; first you were phoned yourself directly about this issue. You asked for a press query.
Col Kayukwa: Ok, Mr. M’membe. I’ve not asked you to… Can we now deal with issues here?
M’membe: I didn’t bring myself here, listen to me. And that’s the behaviour that I’m talking about, that’s not becoming of a leader. You should listen.
Col Kayukwa: I know we called you, but I had asked Mr. Lubinda…
M’membe: We sent you a press query. If you don’t want me to help you, tell me I can go. I didn’t come here on my own, listen. You called me to come and listen to me, I’m talking.
Col Kayukwa: I had asked Mr. Lubinda to talk.
M’membe: I’m talking, you called me, I didn’t come here on my own, you sent me a letter. If you don’t want me, I can go.
Col Kayukwa: You are missing the point. I said ‘can I start with Mr Lubinda?’
M’membe: I’m telling you, I’ve come here because you invited me.
Col Kayukwa: Are you not the one who cut in when I was speaking?
M’membe: I’ve the right to speak as well.
Col Kayukwa: I would like to speak with Mr. Lubinda.
M’membe: No, I haven’t finished, just listen.
Col Kayukwa: Did I finish when I was speaking?
M’membe: Listen, I’m talking, you called me here. You were followed about this story…
Col Kayukwa: It’s not that I’ve… just listen to me.
M’membe: Just listen!
Col Kayukwa: Why don’t you want to listen to me?
M’membe: If you don’t want me I can go. M’membe stands up.
Col Kayukwa: It’s up to you…
M’membe: Don’t waste our time here. You called us on an issue which you know.
Col Kayukwa: Mr. M’membe, we haven’t even discussed the issue…
M’membe: No, you called us. No we shouldn’t waste each other’s time. If people want to cover up, they should just cover up other than trying to involve other people on issues that you know. We’ve never involved ourselves in criminal activities.
Nchito: I think I kept quiet because I was not invited to speak.
Lt Col Kayukwa: That’s why I asked, do they want to be with counsel or what? You know I was setting the stage for the next point and I started with Mr. Lubinda here so that he can say what he wants to do so that we can proceed.
Nchito: Maybe let me give a preamble on my dealing with some of those issues. I am in an uncomfortable position in that I am in my other home. I spent a lot of time amongst my ACC colleagues. I worked with them. If I thought that these people The Post and Lubinda were suspects, it would be slightly difficult to come just now.
I thought you were calling them for a discussion, which is why I am here. And I am hoping that I can facilitate that process. I think that’s why Honourable Lubinda and The Post are probably here. It’s usually easier when you are dealing with somebody that you know, even if you are angry it is easier to deal with issues. So, I think that if we set that background, we might be able to assist each other and move on…
So, in answer to your question, I’m here as counsel, not because they are suspects, but because they wanted me to be here.
Lubinda: I wish to respond to the question that you raised Colonel. Yes, you invited me here in my personal and private capacity. But when I got news that actually this meeting is open to the press, I realised it’s open for the public.
And because we are dealing with this issue in this manner, and giving it the seriousness I thought that we are giving it, I decided that I will not come alone, I’ll come with others. And that’s how come I asked counsel Mutembo if he could come with me. And that’s how I also invited a colleague of mine at the far end of the table Charles Banda to join me.
And coincidentally, you also invited The Post to come at exactly the same time, 16:00 hours. And there is no beating about the bush, it is me who has been issuing those statements through The Post. And actually when I was invited, I also called them and said ‘look I’ve been invited’. And by the way, Mr. M’membe says he got the invitation when he came home office for lunch. I got the invitation an hour before the time that’s scheduled for this meeting.
And I had to ask counsel, ‘what am I going to say?’ They haven’t even given me time to go and dress up like them. I’m going now like a soldier. And he said to me ‘let’s go, I’ll come with you’. So to answer your question you were expecting me to come alone. I couldn’t come alone on the basis that, number one, this meeting is open to the press, it’s open to the public.
I would like that whatever I say is not only reserved to you but is also captured by others; the press and also my colleague at the end there. It’s very nice that you invited both myself and the newspaper that has been the courier of my message; that has been kind enough to publish what I’ve said.
The others haven’t been able to write what I’ve been saying. But The Post has been willing to do that, and I thought that you shouldn’t ask me questions in their absence. So, it was good that you actually invited both of us at the same time. That’s the reason for this big group.
Kayukwa: Okay. So, I think it’s not the first time I’m in a situation like this because when a person who is not an accused wants counsel to be there it’s okay; it’s your right. Now, Mr M’membe? Because I’ll tell you that the issue was that you Lubinda were going to discuss with him, Eddie Sakala, ACC chief investigator here. And Mr M’membe was going to discuss with Mr Soko there. So what is your choice?
M’membe: I would like to discuss with you Kayukwa in front of everybody. If you say I have a choice, since you say I have I’ve a choice…
Kayukwa: I’ve said the choices here… I’ve assigned two officers here to attend to the matter. So what is your choice?
M’membe: I don’t have much to tell them. Whoever, you can bring one, you can bring half, you can bring 10, 20, I will tell them that you know. You yourself Colonel Kayukwa you know the truth about this issue of UPG. You know the truth and you want to lie to the whole country that you don’t know; you know the truth. You are the one they should be interviewing. It’s you they should interview, not me.
Kayukwa: Ee, I called for… like what I’ve explained because our colleagues have said they have got other information and all we want is to be assisted with that information. But since you have chosen that you like to have everybody here, maybe…
M’membe: Because whoever you are giving me to talk to me, I’m telling you, whoever among yourselves, your leader here knows the truth about this UPG thing. He’s sitting on it for reasons best known to him. And this behaviour I find very irresponsible. He knows more than I know. So, interview him, he will tell you and then you can inform the people.
Kayukwa: Mr Lubinda we proceed like that? Because from what I hear, he can talk to whoever I’ve appointed. That’s what I’ve understood. And he would like everybody here to be around.
M’membe: Including yourself because I want to tell them that you yourself you know the truth about this UPG thing. And you are sitting on it, trying to deceive people that you don’t know.
Kayukwa: Mr. Nchito, we proceed?
Nchito: Really, this is your..
Kayukwa: Yes, I know, but what I’m saying is that those are the choices and…
M’membe: You’ll just plunge this country into chaos.
Kayukwa: We proceed.
M’membe: Start with me.
Kayukwa: I said we start with Mr Lubinda. Do we just…
M’membe: Mr Lubinda.
Lubinda: They said they have two options, that Mr M’membe on behalf of The Post is interviewed by one, and that I am interviewed by the other. My position is that I have been quoted in The Post.
And if there are going to be any questions, those questions shall be raised to me and the couriers of my information. I see no reason whatsoever justifying the separation of the two. So I would like that if you are going to interview us, you will interview me and the ones who have been publishing what I’ve been saying.
And if everybody from your side will be here, that makes it better.
Nchito: I think we’ve discussed a little bit of what the sentiments are. Maybe it would be helpful to hear from your side. You called these people. Maybe you just give a preamble of what your expectations are, and then it will be much easier to move from that basis. I don’t know if that becomes okay, then it’s easier for one to advise.
Kayukwa: Like what I said, there are no suspects. The interview of a witness you are aware of the procedure. It is a straightforward procedure.
There is no preamble. They will be asked questions and things like that.
Nchito: No, I think the problem, sir, that we have, and please understand me as I am speaking only the mind of your witnesses, or your potential witnesses. They are saying to you that they believe, this is what I’m hearing and those are my instructions to an extent.
They believe that you know about this matter and you are covering up the corruption of UPG. So they are saying ‘what is it that you really want from us? Because the information that you already have you are covering up’. So I think that in all the heat, maybe we can try and get some light. That is the point that I’m making.
M’membe: Mr Nchito, if I may cut in you. I will ask Colonel Kayukwa to look me in the eyes and tell me the truth that he doesn’t know anything about UPG. Look me in the eyes.
Lt Col Kayukwa: There’s a procedure we are following here. I think I’m doing the interview, I wished you had invited me to come. Eddie, can we start? I think, like you said, we shouldn’t waste each other’s time. So, maybe can you please Eddie as we said you can discuss Lt Col tries to leave the conference room.
M’membe: No, I would like you to be here. I don’t want to talk about you behind your back. I want you to be here so that I don’t give your officers a burden to tell you something negative about yourself. I want you to be here, I don’t want to give these officers… They are your juniors. I don’t want to give them a burden. I want to say things in front of you because I sincerely believe you are covering up. And these things will catch up with you one day. These things will catch up with you.
Lt Col Kayukwa: Eddie?
Eddie Sakala: I think the issue is the one which is in the press, and I think it has been mentioned. The issue is, there’s an inquiry here, I think that was confirmed by the statement that we issued. But of course from some of the things which you have been carrying out, you get a suggestion that there has been new information.
So following that is there any other information that you have which you can give us who are investigating the matter? Is there any other information which you may have or share with us on the case at hand?
Nchito: Can I just consult?
Kayukwa: This is like negotiation. We can give you a place where you can…
Nchito: Mr Sakala, me I like being there (points to the next room) Lt Col Kayukwa: You know the place for reasons known to yourself.
M’membe’s team leaves the conference room to consult among themselves.
Discussion later resumes.
Nchito: Thank you very much DG director general for giving us the opportunity to visit with you, and also to consult over preliminary points that have been raised. Both clients in that sense have asked me to respond to the issue that you have raised before. I also think that it is better so that we can keep emotions in check and just deal with the issue on the table.
Both parties would like to further raise their concern that it appears that the Commission is not telling the public the truth because according to them you now say there’s an inquiry. It is an investigation around the issues that they have been raising and yet you told the public that there is nothing.
That in itself raises serious concerns for our clients. That’s what Mr M’membe is saying, and I think the same position is shared by Honourable Lubinda, is that the Commission knows that this company is engaged in acts of corruption, bribery and by those acts in money laundering.
And it is wrong for the Commission to conceal that fact in the manner that you did in your statement by stating that there’s no investigation concerning ECZ or any supplier to ECZ. I think that is really the bone of contention, and it is not for us or rather for the clients to start supplying you with the evidence because they firmly believe that you know this fact.
And maybe we can discuss around that issue, if there’s any need for discussion. The reason that becomes a serious issue is that, and I think Honourable Lubinda has written to you and written to the Commission indicating that the character of the company printing ballots is an important issue which has ramifications for the peace and stability of our country after the election.
Now, given that the Anti Corruption Commission has not been entirely honest on this issue. I think a serious problem has been created and I don’t know how you are going to sort it out. And I don’t know if my clients can help you to resolve that issue.
Kayukwa: You still want to consult?
M’membe: Yes.
Kayukwa: Would you like to go to that place?
M’membe: No, no, no it’s a short consultation.
M’membe and Nchito confer for a short while.
Nchito: I think that I was going round in circles trying a bit to be diplomatic. but my client insists that I must put it the way it is. I think what they are saying is, they don’t believe that the Commission is honest.
And it serves no purpose to deal with a dishonest Commission; you have been dishonest on this fact. And you could not and should not have said that. In your opinion, UPG is clean but my clients are saying they are not.
Kayukwa: Mr Nchito, as you said, maybe there is need to discuss and all that. I think the letters are quite clear, the issues that we would like your clients to help us with are quite clear. It is quite clear that they seem to have more information. In my statement, I issued that statement. I never denied that there was nothing going on.
I did admit, we are investigating an employee. I think that is common. We don’t need to go over that. There is an employee at the ECZ, former employee who is being investigated. That is in the statement, unless you didn’t get it because initially Mr Lubinda here…
Nchito: Can we have a copy of the statement?
Kayukwa: It was through the press. In fact, I almost rang you to say, is this what you said? Because I know Mr Lubinda here has been to my office and when I read that later on when the other articles came up, I found that those words were attributed to you. My statement is very straightforward; we are not saying we are not doing anything now.
What I would like your clients, maybe to help us with, is if they have information they should help us. All those because what we said is that we have an allegation. Now for you to come here to say can you give us what you have, we are the investigation wing, we are investigating. And I would like to be helped by your clients.
So, the issue here really is, I’m saying Mr Lubinda those issues that you are talking about, can I have the evidence? This is why I arranged that maybe we could sit down; the two of you or three, whoever you want, you discuss those issues. Now to say they know that I know, we are not getting anywhere. What I would like to have…
Nchito: DG, maybe I think I also owe you a duty, as a professional junior as I might be, to tell you exactly what the statement is. And I requested the gentleman there to, I am sure it shouldn’t be difficult to get a copy of the statement that was issued from your office.
Kayukwa: Mr Nchito, what I am saying here is, certain things have been said. I am asking your clients to help. And I am asking them to help, where is the evidence for me to go further? But if they don’t have evidence because we seem to be saying I have the evidence. If they don’t have it, they should just say so.
Nchito: No, no, no, DG. I don’t think we are understanding each other. I would really be grateful because I think this matter is serious, you might give yourself an opportunity to correct. If people have misunderstood your statement, it might be better to .., you might get an opportunity to correct.
So what I wanted to do is to tell you that this is what your statement said. My clients are saying this is a lie. So that maybe we can address that; and you know how we deal with witnesses, you want to bring them to a level where they can trust you if the witness is saying ‘you Bwana are telling lies and I don’t trust you, I don’t think I should even be dealing with you’.
So we are trying to build that confidence, and I am simply saying for me the starting point is the statement. It’s not about a complaint. They sent you a query, when the statement was issued it wasn’t even sent to them. I don’t know whether you know the circulation list. It did not include them.
Kayukwa: Yes, what I’m saying here is that I am dealing with an investigation. Your clients seem to have information, that’s all I am asking for. So if they don’t have the information they should say they don’t have it.
M’membe: Mr Nchito maybe let me just chip in. The DG is repeating for the second time that if we don’t have information we should just say so. If we don’t have; he has repeated this twice. To me the purpose of calling us here is for the DG to prove that we actually don’t have that information so that the lie that ACC has told on UPG can be sustained. That’s what he wants us to say, and that’s why he is consistently repeating it.
Kayukwa: Mr Nchito let’s make progress.
M’membe: We are here to be used to clear UPG, not to investigate UPG, no.
Nchito: Can I say something that will help us to make progress? Is it possible to get the press statement?
Sam Mujuda: There is a request for the letter.
Nchito: The press statement, I’m just asking for it, can I have it? And I want to demonstrate from your statement what the problem is. Then from there you can reassure them, and then we move.
Kayukwa: So, who has gone to print it?
Nchito: I think the two gentlemen were waiting for a signal.
Kayukwa: A signal?
Nchito: They were looking at you to indicate.
Kayukwa: So maybe as we wait for them, okay the press statement came afterwards, isn’t it?
Nchito: Sir…
Kayukwa: I have understood you that maybe it could have misled people; for which I appreciate that because when we write and then maybe what you think is going there is misunderstood. I appreciate that point so that, let them bring it and then we can discuss.
Lubinda: Maybe they can also bring a copy of your statement advising me not to drug you into politics; that I dragged the Commission into my political issues.
Kayukwa: But I never issued a statement to that effect.
Lubinda: No, but it was in the press.
Kayukwa: But there are so many statements in the press. That’s why I even asked for written statements, even when my phone rings I answer it.
And this is why I think when you are saying let’s bring that, that’s why I said I appreciate that so that when issues come up and you ring me and I talk to you and you go and say something I can’t say I never spoke to Mr Lubinda.
Lubinda: But I’m trying to illustrate to you the reason why I take the stand that I do on this matter, that when I’m saying things about issues that I believe you know about, you have been quoted in the press as having said he Lubinda is just politicking. He just wants to drag the Anti-Corruption Commission into his politics. That puts me in a very awkward position.
Kayukwa: That one I can tell you that I never said it, here.
M’membe: But Mr Lubinda, this is the most political the ACC has ever been in its history. And probably the worst the ACC has ever been throughout its history, from its formation. These gentlemen have destroyed this organisation, such a wonderful undertaking by our people destroyed by greed, selfishness and mediocrity. This is an important institution. But this is the worst ACC has been. For 20 years, I’ve dealt with this organisation, I can say this is the worst I have ever seen ACC where the leadership of ACC has been politically compromised.
Kayukwa: But you are bringing politics here?
M’membe: There’s politics brought here.
Kayukwa: We don’t want to be bringing complaints over issues that are not for this institution.
M’membe: I have to be frank with you. I will tell you today and I’ll tell you after. And this will be shown that you have destroyed this institution. And history will record this, you won’t wipe out this. You have allowed politicians to control this institution and run it down. You have run this institution down; an important institution.
What we have said in our editorial comments, we can say it in your face. You have destroyed this important institution of our people by allowing yourself to be controlled by people who gave you the job. You have destroyed this ACC. It will take a long time to rebuild public confidence in this institution.
This is not the institution I’ve been dealing with for 20 years. You are a public officer, I will talk to you.
Kayukwa: Yes, that’s why I even answer my phone. Excuse me, I answer the phones.
M’membe: Go ahead and answer.
Lt Col Kayukwa goes out to answer the phone.
M’membe: Mr Eddie Sakala, some of us have dealt with this institution for 20 years, from 1991 to 2011, mwaononga you have destroyed the Commission. This is not what it was.
It had its weaknesses like all other institutions but this is the worst ACC has ever been. And this man of yours has destroyed this institution by taking instructions from politicians. You are no longer investigating crime in this country, no. You have destroyed our people’s credible institution. It’s gone, ACC is gone! It will take a lot of effort to build it. You people built it and you have allowed it to be destroyed by mediocrity. It’s not everybody who has destroyed this organisation, it’s this man Kayukwa. You have allowed him to destroy it.
This UPG thing, he knows it. It’s in his office, he knows it. You know it has taken a long time to build this organisation but it doesn’t take long, seconds to destroy it. You will not retire out of this place with pride which you deserve. I worked with you Mr Sakala, we have done a lot of things together here as a citizen; and I was proud of this organisation. You remember I came to report to you about justice Matthew Ngulube’s corruption?
I came to report to you personally. The man had to resign, there was no malice, Ngulube was my friend. I used to go to Ngulube’s house. That was the ACC I knew, and that’s the ACC I worked with; the ACC I reported on and about. Not today’s ACC of Colonel Kayukwa, no. He has destroyed this organisation. That’s why I want him to be here.
I don’t want to speak behind his back, he has destroyed it, where you want to protect criminals instead of fighting crime.
UPG are criminals. You are now trying to find a way to launder them. And you want us to come here to tell you our sources? It won’t happen. Even if God came here, I would say ‘God take my head off’. It won’t happen! I’ve been in this job for 20 years. I was a young boy, you didn’t have grey hair, when we started working together you didn’t have grey hair.
Today you have grey hair and me I have grey hair. Ncito yatisiliza. Yaa, I’m not a small boy ba Sakala. I’m 20 years older than when I started this job. I’m not excited about these things, we have done bigger things. We made a lot of mistakes, learning. Today we have more experience. We can’t do things like kids to see the work we have done for 20 years just destroyed.
Institutions were built, we contributed to the building of the credibility of ACC. It pains me. I’m sorry to say this. I will say it, even if you put me on top of this building. I will say what I’m saying because I contributed to the building of ACC. Over the last 20 years my work has been dedicated to building the anti-corruption fight.
I’ve contributed to building the image of the ACC. To see it destroyed like that by selfishness, it pains me. The same way with DEC Drug Enforcement Commission; these two organisations have gone. Nobody respects these organisations anymore.
If anybody tells you that you have got credibility in the eyes of the people, they are cheating you. You are gone. Even us, we don’t count you as a partner now in fighting corruption. We are not. And what you don’t know is that you have destroyed a lot of other institutions in the process.
Lt Col Kayukwa comes back with his statement and gives a copy to Nchito.
Nchito: Colonel, I think that where the problem has arisen is the first sentence in the second paragraph. ‘The ACC wishes to state that there is no investigation concerning ECZ or any of its suppliers’.
My clients are saying that this statement was made in the context of a categorical statement having been made that UPG, to your knowledge, has been engaged in corruption, bribery and by those acts of money laundering. And you issued a statement where you are saying ‘there’s no supplier of ECZ who is connected’. In fact, to use your words, ‘there’s no investigation concerning the ECZ or any of its suppliers’.
And the implication of that statement is that you don’t know any of the issues that Mr Lubinda has been raising in relation to UPG. And what my clients are saying is that, Colonel, that is not true because you know. I think that’s what Mr M’membe has been saying.
And their concern is that you as ACC should be interested that an organisation that has been connected to criminal enterprise should not be allowed to be involved in an important exercise such as printing ballot papers because the necessary implication is that what else are they doing?
So by putting that information into the public, the ECZ will claim, they will hide behind your back now and say, ‘but the director general of ACC told us there’s nothing like that’. Mr. Lubinda has gone so far as to give you a bank account and challenged you to say ‘please confirm that you have not investigated this account in relation to UPG. Mr Lubinda has, I think, been waiting for the response. There has been no response.
Lubinda: The response in the press has been that I am being political and I am dragging the ACC into my politics.
Nchito: So, I think that is where you have that crisis of confidence, so that even if somebody had information, how would they give it to you? And also the other problem that you have caused is that when you call people to come and give evidence, obviously they have been speaking in public. But if you are carrying out serious investigations, the whole world needs not know that you are now carrying out, or that you have called these people to come and give you the information. Assuming it’s a serious investigation, and my clients feel that this is an exercise meant to further launder UPG. They believe that the ACC is being used to launder criminals. That’s the problem that you have.
Kayukwa: So are they saying that they will not give information or they have no information? Which is which?
Nchito: They have information, they are concerned that you have lied, Sir, and you’ve lost the trust of the people.
Kayukwa: So they will not give it to me?
Nchito: They will not.
Kayukwa: But to somebody else?
M’membe: Not to you. If somebody else tomorrow takes your place, we will deal with that person. You have lost our trust. You have lost credibility and we don’t believe that you should be here. We sincerely don’t believe that you should be here, Sir. In our view, you are not fit to head this organisation; you are aiding criminals.
Nchito: The other complaint which I think is also born out by…
Kayukwa: I think you mentioned that, I took note and I also looked at that, that it wasn’t distributed. I think you made that point. Is there anything else you wish to say? Anything? Mr Nchito?
Nchito: No.
Kayukwa: Thank you very much. May I have my press statement back!
Labels: ACC, CORRUPTION, FRED M'MEMBE, GIVEN LUBINDA, GODFREY KAYUKWA, MUTEMBO NCHITO, THE POST
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Zukas, others demand cancellation of UPG contract
By Patson Chilemba
Thu 18 Aug. 2011, 13:59 CAT
Dr Rodger Chongwe, Wila Mung’omba and Simon Zukas have asked ECZ chairperson justice Irene Mambilima to cancel the ballot papers printing contract with UPG. In a joint statement, Dr Chongwe, Mung'omba and Zukas warned that the current standoff won’t go away merely by ignoring the allegations involving Universal Print group (UPG) of South Africa.
Dr Chongwe and Mung'omba are very senior Zambian lawyers and human rights activists who have also held very senior political and government positions. Zukas is one of Zambia's outstanding fighers for independence and a tireless champion of democracy, good governance and all that is best for Zambia.
They advised that it was not too late for the Electoral Commission of Zambia (ECZ) to cancel the contract for the printing of ballot papers for this year’s election with UPG if Zambians were to have confidence in the electoral process.
“The alleged activities of the Universal Print Group Company of South Africa has been in the newspapers of our country almost on a daily basis. The reason for this is that the Electoral Commission of Zambia, a body responsible for organising and supervising general elections in our country signed a contract with this company for printing ballot papers for our use in the general elections due to take place on the 20th September 2011,” they observed.
“Allegations, which have been persistent, have been made of possible shenanigans involving the company and staff at the Electoral Commission. These allegations have been denied by the senior staff of the Commission. The Director General of the Anti-Corruption Commission whose institution it was alleged investigated these allegations has denied doing so. The denial by the Director General is in the face of further allegations that in fact the office of the Director General of the Anti - Corruption Commission carried out an investigation and a warn and caution statement was recorded from the alleged wrongdoer.”
Dr Chongwe, Mung'omba and Zukas stated that elections for the selection of leaders in any country were a very important event in that their result determined the future leadership of that country.
“They are a measure by which electors are able from time to time to choose freely their political leaders. The process by which the electors choose their leaders must be free from coercion, corruption and harassment,” they stated.
“A free vote did not come to the people of Zambia because the British that were in charge of the then Northern Rhodesia desired out of their own volition to give the franchise to them. The people of Northern Rhodesia together with their political leaders fought for this free vote. In the process of the fight, a number of people in Northern Rhodesia lost their lives. These people did not die in vain. They did not die so that the franchise they fought for must be trivialized by those of us living today.”
Dr Chongwe, Mung’omba and Zukas stated that Zambia had been through some difficulties along the way due mainly to the selfishness of some political leaders.
“Our experience has been that we have been in a position to discuss some of the electoral problems that have arisen and we have tried to find amicable solutions to these wherever possible, even then the government has not responded well to the concerns of the people where there has been perceived wrongdoing associated with the electoral process,” they stated.
“The current stand-off regarding the electoral process requires urgent attention. This will not go away merely by ignoring the allegations, which are very serious and go to the root of the foundations of our democracy. Any whiff of indiscretion in the management of the electoral process must be dealt with immediately and where this involves an allegation of corrupt dealings between staff of the Commission and the contractor engaged to print the ballot papers, such contract should be cancelled forthwith and a new printer appointed instead.”
The three stated that cancelling the UPG contract was necessary because any perception, right or wrong, of such wrongdoing in the electoral process was bound to distort the result emanating from such an election.
“It is not too late in the day to cancel the contract for printing the ballot papers entered into between the Electoral Commission of Zambia and the Universal Print Group Company,” they stated.
“The Electoral Commission will be cancelling the contract in the public interest. In such a scenario, there will be no winners or losers but the people of Zambia will emerge strong and united to face an election with greater confidence and honesty. We have examined this situation very carefully and to avoid our country from sliding into political anarchy emanating from lack of confidence in the electoral process, we call upon the chairperson of the Electoral Commission of Zambia to cancel the current contract for the printing of ballot papers with the South African company.
“It is essential to our democracy that the nation’s leaders are elected in free, fair and honest elections as this is one of the main ways that we obtain accountability from political leaders. Political leaders must know that if they do not perform to the satisfaction of the people who elected them that they will have to face the consequences next time elections are due.”
PF Kabwata parliamentary aspiring candidate Given Lubinda recently disclosed that UPG had been involved in corruption, bribery and money laundering with some officials at ECZ in order to get contracts from the commission. He said this alone disqualified them from participating in a serious national programme like printing of ballot papers because they lack corporate integrity.
But the Anti-Corruption Commission through its director general Godfrey Kayukwa has denied ever investigating ECZ or any of its suppliers, a statement Lubinda has dismissed as a pure falsehood.
Lubinda has challenged the ACC to explain why they were shielding UPG when they know about its corruption and bribery.
Labels: GIVEN LUBINDA, GODFREY KAYUKWA, SIMON ZUKAS, VOTERIGGING
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ECZ has engaged a corrupt printer - Lubinda
By Chibaula Silwamba
Fri 05 Aug. 2011, 14:00 CAT
GIVEN Lubinda says the company printing ballot papers for next month’s elections has a record of bribery and corruption. And Lubinda has challenged ECZ chairperson justice Irene Mambilima and Anti Corruption Commission director general Godfrey Kayukwa to explain what they know about corruption involving Universal Print Group (UPG), a South African firm engaged to print ballot papers.
In an interview yesterday, Lubinda - who is opposition Patriotic Front member of the central committee - said UPG had a proven record of corrupting public officers in its bid to get contracts from the Electoral Commission of Zambia.
“It’s extremely scandalous for us as a country to engage a South African company which has a well known and well established record of corruption. I would like to ask the director general of the ACC Mr Godfrey Kayukwa to come out in the open,” Lubinda said.
“What does he know about the previous conduct of this company?” said Lubinda, who is chairperson of African Parliamentarians Network Against Corruption (APNAC) and immediate past member of parliament for Kabwata.
“Is Kayukwa telling the country that he, as director general of the Anti Corruption Commission, is not aware of the fact that Universal Print Group of South Africa has been in the past involved in corrupt practices?
Is he not aware that this UPG company has matters hinging on corrupting public officers to get contracts with ECZ? I challenge Mr Kayukwa to come out open on this matter. Can he tell the Zambians what he personally knows about this and what the Anti Corruption Commission knows about this company?”
Lubinda appealed to justice Mambilima to tell the nation what she knows about UPG and its involvement in corrupt practices. He demanded to know who conducted the due diligence investigation on UPG before it was awarded the contract to print ballot papers.
“One wonders why the ECZ and government are insisting on having ballot papers printed in South Africa and why are they insisting that the ballot papers be printed by UPG,” Lubinda said.
“I would like to request justice Mambilima and Mr Kayukwa to be categorical and deny that UPG have never been engaged in corruption in Zambia.”
Lubinda said the ECZ’s insistence on using UPG was sowing seeds for a disaster in Zambia.
“We can’t accept a company with a proven corruption record to be involved in any part of our electoral process. For the sake of good order, conducting acceptable elections, continued peace and harmony in our country, I would like to appeal to the ACC chief to explain to the public all that he knows about UPG and I am sure that judge Mambilima being Supreme Court judge and Deputy Chief Justice, she too, has the interest of Zambia at heart and she will not hesitate to tell the Zambian people what she knows about UPG,” Lubinda said.
“Probably, the former chairperson of ECZ judge Florence Mumba and former director general Dan Kalale might also have a word to say on UPG. Can this matter be rested before ballot papers are printed?”
Lubinda said the conduct of general elections in any democratic country was a very serious affair and required to be given due attention by all stakeholders. He said state institutions like the ACC must ensure that the outcome of the elections was the reflection of the will of the people.
He said the ECZ and government’s insistence to have ballot papers for this year’s elections printed in South Africa raised more questions than answers.
“The process that was used to identify the company that was awarded the contract also raises many questions. It is very shameful for us as a country, which is 47 years old, and has conducted elections every five years since 1964 to be debating about printing the ballot papers abroad,” said Lubinda.
But when contacted for comment yesterday, Kayukwa responded:
“Just put it in writing because I will have to research and look at it. I can’t answer on the phone like this. I normally answer written queries; they are easier to deal with. I don’t even know what Mr Lubinda has said. Tell us what he has said and if there is need then we can comment on it.”
Justice Mambilima could not be reached for comment as she was reportedly in a meeting.
Labels: ACC, ECZ, GIVEN LUBINDA, GODFREY KAYUKWA, IRENE MAMBILIMA, VOTERIGGING
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Corruption fight is for all – Kayukwa
Written by Joseph Mwenda
Thursday, July 23, 2009 4:31:53 PM
NEWLY appointed Anti-Corruption Commission (ACC) director general Godfrey Kayukwa has said the fight against corruption should not be left to him alone. In an interview shortly after being sworn in by President Rupiah Banda at State House this morning, Kayukwa urged all Zambians to fight corruption in their own individual capacities.
“The challenge is with you the Zambians, the new (Anti-corruption) policy states that everybody has to fight corruption as individuals. So the challenge is not for me alone but for you as well who are affected,” he said.
Earlier, President Banda swore-in Kayukwa and agriculture ministry permanent secretary, Abednego Banda.
In his remarks, President Banda urged the new appointees to be focused on their duties and to protect the Constitution of Zambia.
Full story coming up…
Labels: ACC, CORRUPTION, GODFREY KAYUKWA
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