TIZ urges govt to revise NGO Act
By Moses Kuwema
Sat 19 Oct. 2013, 14:01 CAT
TRANSPARENCY International Zambia has called on the government to cancel the registration of NGOs and concentrate on revising the 2009 NGO Act.
In a statement, TIZ executive director Goodwell Lungu said that his organisation would not register under the Non Governmental Organisation (NGO) Act of 2009.
"In this vein, we call upon the Ministry of Community Development to completely cancel the ongoing registration of NGOs in Zambia. We wish to advise the PF government that the rate at which it's moving to implement the NGO Act has the potential to dent Zambia's reputation internationally, especially that the Patriotic Front in their manifesto promised to review the NGO Act, noting that it was a bad law. On page 49 of the PF manifesto, the Party clearly states that they would review the NGO Act to, among other things, enhance the role of the civil society. On this page, it not stated that the PF will first register NGOs which is contrary to the practice they have u-turned and adopted," Lungu stated.
Lungu described as false and malicious the "wrong assertions" being peddled that the NGOs were refusing to registerfor fear of being scrutinised and accountable.
He stated that this misconception needed to be dismissed with the contempt that it deserved.
"If the same PF government in their manifesto rightly pointed out the inadequacies of the NGO Act and confirmed that it needs to be revised, this is clear evidence that there is something wrong with the Act and the PF rightly condemned this Act and have just made a U-turn now that they are in power," he stated.
Lungu cautioned the Minister of Community Development to desist from projecting a picture that NGOs had not been engaging in dialogue with his office over the matter.
He stated that several meetings had been held, including an NGO
congress at which it was resolved that an NGO Board would not be put in place but rather focus on reviewing/repealing the said Act.
"All our efforts seem to be falling on deaf ears. As far as we are concerned, the NGO Act in its current form is in violation of fundamental civil and political rights to freedom of association and expression, including the right to receive and impart information, as provided in Articles 20 and 21 of the Republican Constitution, and international legal instruments to which Zambia has been ratified. We want to assure Zambians that even at the moment, NGOs are very accountable under existing laws and are required to submit annual accounts to Government, which TIZ is fully complying with," stated Lungu.
Labels: GOODWELL LUNGU, NGOs, TIZ
Read more...
TIZ calls for action on Auditor General's reports
By Ernest Chanda
Thu 14 Feb. 2013, 15:20 CAT
TRANSPARENCY International Zambia says findings of financial irregularities in the Auditor General's reports have become a ritual because there is no follow up action. And CSPR says the government should formulate a law that will empower the Auditor General's office to summon, question and prosecute controlling officers who authorise misuse of public funds.
Meanwhile, ActionAid Zambia country representative Pamela Chisanga says it is possible for the country to fund its national budget by 90 per cent, going by the revenue collections indicated in the 2011 Auditor General's report.
Giving an analysis on the 2011 Auditor General's Report which has also revealed continued financial irregularities, TIZ executive director Goodwell Lungu advised the government to enforce punitive action on culprits.
"We believe as TIZ that the findings of the Auditor General's report have merely been reduced to academic exercise and mere traditional ritual because year-in, year-out, there is no tangible action that inspire public confidence in the management of public resource," Lungu said in a statement.
"There is therefore need for the PF government to expedite the implementation of the Access to Information Bill that will empower the public to be able to hold public officials accountable during implementation of the budget and not wait to be presented with such ever-worrying public funds losses."
He stated that the Auditor General's report was such an important document that it could not be left without any action.
Lungu stated that if government was not taking any action on culprits, the public would have no confidence in such a report.
"The revelation of the current (2011) Auditor General's report, yet again, involuntarily attracts attention and concerns from all taxpayers by the manner in which public resources are being put to waste by those mandated to put in place stop-gap measures that would minimise if not completely prevent further wastage of national resources," he stated.
"As Transparency International Zambia, we find it rather unbearable that misappropriation of public funds stands at alarming levels of over K1 billion in 2011 … and in 2009 it stood at K3.9billion. On unaccounted for revenue, it is shocking that the figure keeps on growing and now stands at a whopping K530 billion as compared to K1.7 billion in 2010 while it stood at K1.3 billion in 2009. This demonstrates that our revenue systems are breaking down and permitting such huge losses that must be effectively prevented almost immediately."
Lungu stated that it was sad that excess expenditure stood at a massive K456 billion in 2011 as compared to a staggering K87 billion in 2009.
He stated that it was further disturbing to note failure to follow procurement procedures, resulting in an increased wastage of K4 billion in 2011 compared to K2.5 billion in 2010 and K1 billion in 2009.
"It is also disheartening to note that the government continued procurement of air or no delivery of goods and services even after paying huge sums of public funds. In the report we note that in 2011 undelivered materials were paid for a sum of K2 billion compared to K646 million in 2010 and K345 million in 2009," stated Lungu.
"This demonstrates that there is a growing trend in some government agencies to pay for goods and services that are not delivered. We feel as TIZ that such incidences can easily be brought to a stop if law enforcement agencies rounded up and arrested all perpetuators of such schemes most of whom we believe still work for the public sector. The PF success in the fight against corruption will be determined by the amount of effort and measures they put in place to curb such wastages."
And Civil Society for Poverty Reduction (CSPR) programmes manager Isabel Mukelabai said it was not good that irregularities in the report should just end at being highlighted.
"It is thus imperative for government to demonstrate to the Zambian people prudence in managing public funds entrusted to them by sealing all loopholes that allow for ministries, provinces and all spending agencies to abuse public resources," said Mukelabai in giving the institution's analysis of the Auditor General's report.
"This must be followed by stern action and prosecution of those found to have abused public funds to recover these much needed resources. There is also need to have a law in place that will enable the parliamentary Public Accounts Committee (PAC), parliament and law enforcement agencies summon, question and prosecute the controlling officers that had authorised the abuse of these resources irrespective of whether they have moved or not."
And Chisanga said Zambia could fund a large part of its budget from local resources.
"In the Auditor General's report we note that despite having collected excess revenue in 2011 amounting to close to K11 trillion (KR11 billion) the report indicate that there were downward revisions to this tax revenue totaling K2.2 trillion (KR2.2 billion) without any explanation, without any documentation as is required by financial regulation number 133," said Chisanga. "This also points to the fact that Zambia is capable of financing at least 90 per cent of the budget from domestic resources, even from the current tax regime."
According to the 2011 Auditor General's report, government incurred an excess expenditure of over KR456 million (K456 billion).
The report further revealed a misappropriation of funds amounting to over KR1 billion (K1 trillion).
Labels: AUDITOR GENERAL, CSPR, GOODWELL LUNGU, TIZ
Read more...
Study judgment before appealing Kapoko's acquittal, TIZ urges ACC
By Allan Mulenga
Mon 05 Nov. 2012, 12:30 CAT
TRANSPARENCY International Zambia has asked the Anti Corruption Commission to critically study the judgment in which Henry Kapoko and eight others were acquitted of theft by public servant before lodging an appeal.
Transparency International Zambia (TIZ) executive director Goodwell Lungu stated that the public expected a better result than what they had seen in magistrate Kenneth Mulife's judgment.
The Anti Corruption Commission (ACC) has indicated that it will soon appeal magistrate Mulife's judgment in which he acquitted Kapoko and eight others were acquitted of theft by public servant involving K1.9 billion, money paid by the Ministry of Health to Kahekam Limited for the procurement of mother-baby kits.
"…They (ACC) shouldn't go into that particular matter a bit carelessly," he cautioned.
Lungu stated that the judgment had a potential to erode public confidence in the fight against corruption.
"…The second thing to note is that the state should urgently appeal that case and in appealing the case they should carefully study some of the issues that the magistrate had read in the judgment in order for them to solidify the case," stated Lungu.
"What we would like to continue in our country is that the Judiciary delivers judgments that would be able to deter would-be offenders. Of course, we are not saying that those people are guilty or not guilty, but what we are focusing attention on is the amount of evidence laid before the courts of law, as a result of that our expectation is a better result than what came out."
ACC director general Rosewin Wandi said the Commission's legal department was preparing itself for an appeal of the judgment.
Lusaka magistrate Kenneth Mulife on Thursday acquitted Kapoko, a former Ministry of Health human resources officer and eight others of offences ranging from theft by public servant, money laundering and issuing cheques on insufficiently funded accounts because the prosecution failed to prove the case beyond all reasonable doubt.
Kapoko and eight others were arrested in 2009 for the offences.
In this case, Abel Katongo, head procurement officer, Anthony Mwila, senior procurement officer, Royd Onde, the internal auditor, Justin Phiri, accountant, Nobert Peleti, assistant deputy director for administration, Zukas Kaoma, principal accountant, Kapoko, Fredy Chileshe, Best Home Lodge operations manager and Christopher Mayenge were alleged to have on an unknown date but between January 22, 2009 and February 28, 2009 in Lusaka whilst acting together with other persons unknown with intent to defraud the Ministry of Health of K1.9 billion falsely pretended that he had ordered and shipped 50,000 mother-baby kits when in fact not.
Labels: ACC, GOODWELL LUNGU, HENRY KAPOKO, TIZ
Read more...
TIZ urges tighter government monitoring systems
By Henry Sinyangwe
Mon 18 June 2012, 13:25 CAT
TRANSPARENCY International Zambia has called on government institutions to strengthen their financial management systems. And Lungu says there is need to also strengthen monitoring mechanisms.
Welcoming the recent resumption of funding by the Swedish government to the Ministry of Health, TIZ executive director, Goodwell Lungu said the health sector was an important institution that delivered hence the need to safeguard resources that save lives.
"Strengthening of the financial management system. This area has also been identified by our research in the health sector, Auditor General's reports, and the Global Fund's Office of the Inspector General. Given that the health sector is one of the sectors where a lot of money is pumped to deliver needed services, history has shown that where there are huge sums of money, corruption and other financial abuses are rife. We therefore propose that this area is strengthened to safeguard the resources that are meant to save lives," said Lungu.
"According to the Global Fund's Office of the Inspector General's report, the audit identified US$4.365 million of unsupported costs, US$1.7 million of ineligible expenditure, and almost US$8 million that could not be accounted for at all."
Lungu said the impact of the freezing of funding to the heath sector was fatal hence the need to put in place strict measures to avoid the reoccurrence of the situation the country found itself in 2009.
"Barely four months after the freezing of funding, the impact, especially in the rural health facilities, was very apparent from the results of our assessment as TIZ. In Mpulungu, for example, a health official revealed that they were unable to deliver the much needed services to the communities due to the withdrawal of funding, they were merely receiving a third of what they used to get in form of grants i.e. K40 million as compared to K120 million. Due to this, they were unable to undertake projects such as TB and HIV/AIDS. In some cases, this resulted in death. This shows that the impact was fatal," Lungu said.
And Lungu said the post contract award monitoring mechanism was so porous that no one followed up on the contractors after being awarded contracts.
"This is one area our research in the health sector and also the system audit undertaken by MOH itself highlights. Some of the scandals revealed that people were awarded contracts but never delivered to MOH," said Lungu.
The Swedish government last Monday released K33.5 billion for the health sector improvement to achieve the Millennium Development Goals by 2015.
Swedish Ambassador to Zambia Lena Nordstrom said the fight against corruption was an ongoing task and she asked the Ministry of Health to strengthen its accountability structures.
Ambassador Nordstrom said her government was committed to supporting the Zambian health sector following the progress made by the Ministry of Health in recent years to improve accountability and transparency in management of funds.
Labels: GOODWELL LUNGU, TIZ
Read more...
Law enforcement bodies frustrating corruption fight'
By Roy Habaalu
Tue 05 June 2012, 13:24 CAT
LAW enforcement agencies are frustrating the government's fight against corruption, says Transparency International Zambia.
TIZ executive director Goodwell Lungu said President Michael Sata's resolve to fight corruption was not being translated into tangible action by law enforcement officers and government ministries.
He said there was a gap between the President's political will to fight corruption and law enforcement agencies.
"... the President complained about the slow pace of these institutions and President Sata is not the first one to complain of the slow pace. Even (late Levy) Mwanawasa complained that these law enforcement agencies were not responding positively and rapidly to the given political will. There are certain cases that are just abandoned mid-way. At the beginning when PF came into power there was excitement created, people were being summoned left, right and centre to answer to certain charges, but those issues have sort of been abandoned. There is quietness on those issues and that's the trend," Lungu said.
"As TIZ (we are saying) that if we continue like that the indication might show that we are not making significant improvements in the fight against corruption."
Lungu said law enforcement agencies should be extremely proactive in following up corruption uncovered through the Auditor General's reports.
"So our worry at the moment is that even the civil service has not been put in top gear to respond 100 per cent to the provided political will and the danger in which the PF lies in is that they have not marshalled support in terms of practicality on the ground, on how they will be able to put in place pragmatic, tangible measures to move this fight against corruption forward. A number of government agencies its business as usual, the same areas where people complained of corrupt practices there has been no changes," he said.
Lungu said the President Sata needed to come up with a tangible action plan that would translate his political will into action.
He said under Frederick Chiluba's administration, Zambia on average was losing K275 billion annually and the figure rose to K625 billion under Mwanawasa despite the political will he provided.
"We saw that the public service, even ministers and permanent secretaries in particular, did not respond positively to that fight, so the PF has to rapidly assess how they are faring so far and permanent secretaries in particular should take it upon themselves to develop at least institutional actions on how they are going to institutionalise the fight against corruption. If they don't do that, the President's talk and political will might be rendered irrelevant if it's not put into practice at ground level," he said.
Labels: GOODWELL LUNGU, MICHAEL SATA, POLICE, POLICE CORRUPTION
Read more...
Oil corruption will be prosecuted - Malila
By Moses Kuwema and Kombe Chimpinde
Thu 12 Apr. 2012, 13:29 CAT
ATTORNEY General Mumba Malila says those involved in the oil procurement scandals will be prosecuted once Cabinet scrutinises the commission of inquiry's report. And Transparency International Zambia executive director Goodwell Lungu has asked law enforcement agencies to expeditiously investigate and prosecute the K2 trillion oil scam fraudsters.
But former energy minister Kenneth Konga says he is not aware of the K2 trillion lost by the government through corruption and other malpractices in oil procurement between 2007 and 2011.
Commenting on the revelations by Wynter Kabimba, the chairman of the commission of inquiry into the Energy Regulation Board (ERB) and oil procurement, that the government lost about K2 trillion through corruption, Malila said there would obviously be some recommendations from Cabinet to have the individuals involved prosecuted.
"I have not read through the report yet. I am sure it will be tabled in Cabinet. Once Cabinet looks at the recommendations and accept some of them, obviously there should be some recommendations to prosecute some individuals…together with the investigative wings, the prosecutions wings, the DPP Director of Public Prosecutions, Solicitor General and myself," he said.
Malila hoped the state would put up a strong case against those involved in the malpractices and corruption in oil procurement processes.
When presenting the inquiry report to President Michael Sata at State House on Tuesday, Kabimba said officers in the Ministry of Energy and Water Development, the ZPPA and the ERB were involved in corruption and malpractice through oil procurement.
Kabimba recommended that the government, through the law enforcement agencies, investigates individual officers and oil companies involved in oil procurement contract irregularities, malpractices and corruption during the period 2007 to 2011.
But Konga, who served as Minister of Energy during the period in question, said he was not aware of that amount of money being lost through corruption.
"I am not aware of the corruption and malpractices in the procurement process. What I would prefer is for me to get hold of the report, it is best to get a comprehensive story, then one can make an informed statement. But just getting statements of what has been said might be very difficult to base the statement on. I have not seen the report, I have not read the report so I am trying to see if I can get hold of the report to read what is contained in it. Then I can be able to say something..."
Meanwhile, former permanent secretary in the Ministry of Energy Peter Mumba said he welcomed deeper investigations into the matter.
Mumba said deeper investigations would help put the matter to rest and help Zambians know exactly where their money went.
"If at all that is true, there should be deeper investigations so that the people of Zambia know where their money went and with the possibility of getting that money so that it goes back to the people of Zambia, to assist the country grow and the people of Zambia access so many amenities. I think a surgical review or investigation should actually be carried out in order to get down to the bottom of it. I totally welcome the investigations that might be carried out," said Mumba.
And former Zambia Public Procurement Authority (ZPPA) director general Samuel Chibuye said the investigative wings should do their work since the matter was dealt with at the highest level.
"Let's leave it to them because those of us who were involved in one way or the other in serving at institutions such as ZPPA, it will not be wise for me to comment because then…you never know you might jeopardise investigations. It is best to leave it to the investigators to do their work professionally," said Chibuye.
And in statement yesterday, Lungu stated that the law enforcement agencies need to move with a great sense of urgency on the matter to avoid overlooking and killing such cases as it had done in the past.
"We further call on the Anti Corruption Commission (ACC) to turn the call by the Republican President that they are a moribund institution into positive action by awakening from the slumber," he stated.
Lungu stated that ACC could play a leading and critical role in fighting corruption if it could only perform to public expectation.
"We urge ACC to take the President's concern seriously as it had been our major concern as TIZ and many citizens. We believe ACC has the capacity of translating the challenge into positive and formidable actions," Lungu stated.
He stated that it was an undeniable fact that law enforcement agencies in certain cases have been slow in executing cases to the extent of abandoning very straightforward matters, resulting into the loss of billions and trillions of public funds.
"We have also continued to note with grave concern that despite the Auditor General's report containing massive evidence of corruption and misapplication of public funds, our law enforcement agencies have opted to become sleeping giants over these matters," stated Lungu.
Labels: GOODWELL LUNGU, KENNETH KONGA, MUMBA MALILA, OIL
Read more...
TIZ notes slowness in probing plunder
By Allan Mulenga
Thu 05 Apr. 2012, 13:53 CAT
TIZ has urged law enforcement agencies to speed up investigations on plunder cases and bring them to the courts of law. In an interview, Transparency International Zambia (TIZ) executive director Goodwell Lungu observed that there were a number of high-profile cases that had been cited, but had not yet been concluded.
"We implore the law enforcement agencies to ensure that they speedily investigate these cases and bring them to the courts of law because the expectation of the public is that there are quite a number of cases that have been cited that involve billions of kwacha, but those have not been concluded.
We don't want to see a situation like what happened under late president Levy Mwanawasa era, where there were a number of cases that were cited but most of them were not thoroughly investigated and even presented before the courts of law. Our expectations are high, but we feel that time is running out," Lungu said.
Asked on the latest baseline study where it was revealed that certain government institutions were hesitant to give out information on corruption to the public, Lungu described the conduct of some government departments as embarrassing.
"We believe that as we are moving into an era of putting information in the public domain, it will work to the advantage of all government institutions. Even those that are resistant to ensure that they disclose that information to both the Anti Corruption Commission as well as to members of the public so that they can track progress on how they are fairing on issues of transparency and accountability," he said.
Lungu urged government institutions to develop indicators on how best they could fight corruption within their departments.
"We would like to encourage those institutions to ensure that they start factoring the fight against corruption within their rank and file. Also to ensure that they start developing indicators on how best they are going to fight corruption within their particular organisations," said Lungu.
Labels: GOODWELL LUNGU, TIZ
Read more...
Abusing public resources doesn't pay - TIZ
By Moses Kuwema and Agness Changala
Sun 18 Mar. 2012, 12:00 CAT
TRANSPARENCY International Zambia executive director Goodwell Lungu says government leaders should avoid abusing public resources because it does not pay.
Commenting on the Lusaka High Court's decision to uphold the four year jail sentence slapped on former Zambia Army commander Lt Gen Geojago Musengule and former Base Chemicals chief executive officer Amon Sibande's seven-year sentence by the magistrates' court in 2009, Lungu said the High Court's decision was the rightful verdict.
"That is a very rightful sentence to have been administered by the High Court and we want to appeal to all those leaders, former and current leaders facing similar situations, to understand that society and public resources need to be protected and if somebody decides on their own accord to contravene laws against public interest, that will be the end result," he said.
Lungu said there was a tendency by those who did wrong things in the past to claim they were being persecuted when the law visits them.
He said the courts of law as well as the legal system were put in place to implement correctional measures.
"Once these correctional measures are put in place and adhered to, then it will be able to send a deterrent message out there especially for our colleagues who are currently serving in the military that abusing public resources does not pay and it can end up leading somebody into jail," he said.
Lungu said much as TIZ and other stakeholders do not take pride in seeing people going to jail, those who break the law deserve nothing but jail.
Delivering the six-hour long judgment on Friday, judge Charles Kajimanga, sitting with judges Florence Lengalenga and Elita Mwikisa, upheld the convictions of Lt Gen Musengule and Sibande after all the 31 grounds of appeal were dismissed on the basis that they lacked merit.
And Anti-Corruption Commission director general Roswin Wandi says the conviction of Lt Gen Musengule shows that the evidence to prove allegations was there.
In an interview, Wandi said corruption fighters were vindicated when those who were alleged to have engaged in corrupt activities were convicted.
"For us it means that cases of corruption, where evidence is available, lead to a conviction and then it vindicates us the corruption fighters because it means that what we have alleged before has come to pass and the person is convicted," she said.
Wandi welcomed the High Court's decision to uphold Lt Gen Musengule and Sibande's jail sentences, saying the move was in accordance with the due process of the law which her institution had accepted.
Labels: CORRUPTION, GEOJAGO MUSENGULE, GOODWELL LUNGU, TIZ
Read more...
TIZ calls for thorough probe of Siavonga District Council
By Allan Mulenga
Sat 18 Feb. 2012, 12:01 CAT
TRANSPARENCY International Zambia has urged local government minister Professor Nkandu Luo to ensure that corrupt allegations over Siavonga District Council are thoroughly investigated and the culprits brought to book. In an interview yesterday, Transparency International Zambia executive director Goodwell Lungu said corrupt practices in local authorities hamper service delivery.
"We call on Professor Luo, just as we did to the former local government minister Dr Brian Chituwo, not to narrow the probe to a few councils as the allegations are not confined to UPND-controlled councils alone, but need to be spread to PF and MMD dominated councils as well," he said.
Lungu urged the government to roll out the implementation of the National Anti-Corruption Policy to prevent the occurrence of such malpractices.
"TIZ recommends a much broader probe into malpractices in local authorities and we call upon all citizens to report such malpractices to relevant authorities in a bid to root out such bad practices. What has been reported may just be a tip of the iceberg. While this is a worthwhile undertaking, we would like to caution Prof. Luo to handle the matter professionally by avoiding the temptation of pursuing a political agenda which will not help to resolve the problems," said Lungu.
On Thursday, Prof Luo suspended Siavonga district council for allegedly corrupt activities with immediate effect .
Labels: CORRUPTION, COUNCILS, GOODWELL LUNGU, LOCAL GOVERNMENT, NKANDA LUO, SIAVONGA, TIZ
Read more...
Sata has demonstrated political will in corruption fight - TIZ
By Allan Mulenga
Mon 30 Jan. 2012, 14:01 CAT
TRANSPARENCY International Zambia says President Michael Sata has demonstrated political will in fighting corruption by firing Alfred Chipoya. Commenting on the sacking of Chipoya, who was President Sata's senior private secretary, for alleged corruption, TIZ executive director Goodwell Lungu, said senior government officials should be above board and maintain high levels of integrity.
"TIZ has received the allegations of corruption against the President's senior private secretary Mr Chipoya with great sadness. If indeed these allegations are true, they are extremely unfortunate as our expectations of officials who hold such positions is that they are supposed to be above board and maintain high levels of integrity. We bemoan the allegations that Mr Chipoya could have allegedly sunk so low in accepting to be paid to arrange a meeting with people who publicly have been accused of engaging in activities that are detrimental to the economic wellbeing of Zambia," Lungu said.
He said President Sata's sacking of Chipoya had demonstrated his political will of fighting corruption.
"This approach the President has done demonstrates in practice his political will in fighting corruption and acting against even his closest senior staff. This is a very rare phenomenon as others would have opted to shield such alleged wrong doing," Lungu said.
He urged the government officials to refrain from engaging in corrupt activities.
"The President's action also indeed sends the rightful signals to investors who believe in cutting corners that the rule of law in Zambia is being fairly and firmly being implemented," Lungu said.
He appealed to President Sata to remain resolute and not be swayed in the fight against corruption.
"This action has great potential for government officials not to engage in dark-corner meetings or deals or conduct that promotes corruption that is against public interest as the current government has now sent a clear signal that they can be dealt with very appropriate action instantly. We encourage the President and PF government to remain resolute and not to be swayed in the fight against corruption," said Lungu.
President Sata last week fired Chipoya for alleged corruption.
Sources disclosed that Chipoya was relieved of his duties after he tried to facilitate a meeting between President Sata and former operators of the Zambia Revenue Authority border scanners.
Last week the government terminated the contracts given to Bradwell International and Cargo Scan to manage border scanners.
This was after the ZRA Commission of Inquiry recommended that appropriate action be taken against former president Rupiah Banda and 13 former government officials for the fraudulent procurements regarding the border scanners and concession-related contracts.
Sources said officials from the companies tried to arrange for a meeting with President Sata last week, through Chipoya, so that they could explain their position and possibly seek a reversal.
According to the sources, the officials convinced Chipoya to arrange for the meeting and even promised him some money.
The source said that on Wednesday last week, Chipoya was sent a sealed envelope containing US$2,000 (K10 million) from the officials as gratification for facilitating the meeting with the President.
According to the sources, the envelope instead found itself with President Sata, who immediately relieved Chipoya of his duties.
Labels: GOODWELL LUNGU, MICHAEL SATA, TIZ
Read more...
Pro-government NGO wants Zamtel sale reversed
January 12, 2012 |
Posted by: editor
Transparency International Zambia (TIZ) has joined calls by other PF supporters for government to reverse the sale of the Zambia Telecommunications Company (Zamtel) to LAP Green networks of Libya. TIZ Executive Director Goodwell Lungu said reversing the sale will go a long way in enhancing the country’s tenets of fighting corruption.
But
MMD chairman for finance Situmbeko Musokotwane has challenged the Patriotic Front Government to clearly point out the irregularities in the sale of ZAMTEL instead of generalizing the matter.
Musokotwane said that the commission of inquiry constituted to look into the alleged illegal sale of the telecommunications company to Libya’s LAP Green, should make its report public for the general public to know the truth.
He has challenged the Patriotic Front Government to refute the findings of the then audit report by Ernest and Young, an international firm of auditors which he said found ZAMTEL to be insolvent with enormous and unsustainable debt against few and obsolete assets.
But Lungu told ZANIS in an interview that the sale of Zamtel was based on irregularities that characterized the evaluation of the company by RP Capital of Cayman Island.
ZANIS reports that Mr. Lungu noted that with the country’s strong stance to fight corruption, it was imperative that government reverses the sale for the benefit of Zambians.
He explained that Zamtel was a public institution that was owned by Zambians hence the need for it to be given back to its rightful owners, who are the general citizenry.
He stated that repossessing Zamtel will also set a good precedent on government’s position of always upholding the rule of law.
Meanwhile, Mr. Lungu has advised former vice president, George Kunda, to desist from making misleading statements that the law was followed in the evaluation of Zamtel assets by RP Capital.
He further said Mr. Kunda should take time and read the report of the tribunal which was set up to investigate the sale of Zamtel saying it clearly states that over seven various laws were flouted in the transaction.
Labels: CORRUPTION, GOODWELL LUNGU, LAP GREEN, PRIVATISATION, SITUMBEKO MUSOKOTWANE, TIZ, ZAMTEL
Read more...
Zamtel sale was illegal
By Times Reporter
THE commission of inquiry appointed to investigate the sale of Zamtel and Finance Bank Zambia Limited yesterday heard that the sale of Zamtel was not done in accordance with the law. The commission also failed to proceed with investigations into the sale of Finance Bank Zambia because the matters that it was supposed to probe were before the courts of law.
Making submissions to the commission of inquiry in Lusaka yesterday, Transparency International Zambia (TIZ) executive director Goodwell Lungu said the then minister of Communications and Transport, Dora Siliya did not follow the procedure in the sale of the telecommunications company.
Mr Lungu alleged that Ms Siliya breached various laws, which prompted his organisation to write to former president Rupiah Banda over the manner in which the sale of Zamtel was handled. He alleged that Ms Siliya singled-sourced RP Capital Partners to evaluate Zamtel assets without following tender procedures.
“The mere fact that the former minister single-sourced PR Capital to evaluate the Zamtel assets without following tender procedures was in itself a breach because RP Capital Partners was not registered with a relevant authority in Zambia", he said.
He explained that the then minister of communications engaged RP Capital Partners to evaluate the assets of Zamtel when it was not registered with the Evaluation, Surveys Registration Board.
Mr Lungu said it was clear that the manner in which RP Capital Partners was selected was against the provision of the Public Procurement Act. He said when TIZ carried out it own investigations to ascertain whether RP Capital Partners had the expertise to carry out an evaluation on Zamtel, there was no data relating to such expertise.
Mr Lungu also said former President Banda’s son, Henry allegedly introduced RP Capital Partners to a local firm known as Pangea Securities in a bid to have the firm jointly carry out the evaluation of Zamtel but that Pangea declined the offer. When asked whether it was an offence for a foreign company to partner with a local firm, Mr Lungu said it was not except that a foreign company could not carry out an evaluation if it were not doing it jointly with a local firm. Mr Lungu also stated that another breach by the then minister was that the Memorandum of Understanding (MoU) related to the privatisation of the parastatal company was supposed to have been signed by the minister of Finance and not Ms Siliya.
He said his organisation and some civil society organisations which opposed the sale of Zamtel agreed with the then attorney general that the MoU, which was the preliminary stage leading to the final sale and transfer of assets of Zamtel, should have been signed by the minister of Finance. He said another breach by the then minister of Communication and Transport was that she went ahead to sign an MOU which was not substantially the same as the draft which the solicitor general had cleared for signing.
Mr Lungu said in the MOU that was signed by the minister, there was an insertion of a base floor amount of US$ 2million, which was not contained in the final draft the solicitor general had approved. He said Ms Siliya also signed the MOU committing the Government to a sum of money beyond her ministry threshold without the approval of the Zambia Public Procurement Authority.
TYIZ, Civil Society for Trade Network, Southern Centre for the Constructive Resolution of Disputes, Jesuit Centre for Theological Reflection, Citizens Forum, and Civil Society for Poverty Reduction were among those who objected to the sale of Zamtel.
And the commission chairperson Sebastian Zulu said the rule of justice demanded that Ms Siliya defends herself against the allegations levelled against her. He also said the commission would not proceed with the investigation into the sale of Finance Bank Zambia because the matter was before the courts of law.
Labels: CORRUPTION, DORA SILIYA, GOODWELL LUNGU, HENRY BANDA, RP CAPITAL PARTNERS, TIZ, ZAMTEL, ZPPA
Read more...
TIZ backs LAZ’s concerns over ZNBC’s biased coverage
By Ernest Chanda
Thu 14 July 2011, 14:01 CAT
TRANSPARENCY International Zambia has backed the position taken by LAZ over the biased coverage of ZNBC. In a statement yesterday, TIZ executive director Goodwell Lungu said the biased coverage of MMD activities as exhibited by the Zambia National Broadcasting Corporation should be condemned by every noble Zambian.
He said concerns raised by the Law Association of Zambia (LAZ) over the conduct of ZNBC were timely and in public interest.
“The Law Association of Zambia is therefore on firm grounds in raising concerns on the biasness that ZNBC has taken and does not need to be demonized for doing the right things. TIZ wishes to appeal to all law-abiding citizens not to promote a culture of violating the law for private interests,” Lungu stated.
He stated that ZNBC was supposed to provide fair coverage since it was funded by the public.
Lungu stated that the discrimination that ZNBC was displaying could not go unquestioned.
“Transparency International Zambia (TIZ) would like to fully back the position taken by the Law Association of Zambia on the blatant biasness that the public media in particular the Zambia National Broadcasting Corporation (ZNBC) has continued to exhibit.
It is public knowledge that the public media who are funded by public resources owned by all Zambian citizens should be able to cover events in a free and fair manner and within the confines of the law,” Lungu stated.
“TIZ has also fallen victim of ZNBC’s unprofessional bias when it continued barring a fully paid-for Television programme from being aired and produced last year until a deadlock was reached and a refund of over K50 million done.
TIZ wrote last year informing ZNBC management that they had become more political than professional by being too biased.
We wish to remind ZNBC that the TV levies and public funds that they use for their operations do not come from the ruling party or MMD members alone but these resources come from all Zambians who expect their views to be heard and covered fairly.”
Lungu has since implored the public media to observe high professional standards and to contribute to the democratic process of the country.
On Tuesday, LAZ honorary secretary Paulman Chungu said the association would continue to give opinions on the law and rule of law without fear of any reprisals or favour in spite of the unwarranted personal attacks on the association's spokespersons and elected representatives.
“The Law Association of Zambia is concerned about the attacks on the LAZ president Mr Musa Mwenye following the statement on the Zambia National Broadcasting Corporation.
LAZ wishes to place it on record that as LAZ president Musa Mwenye is the spokesperson of LAZ and as such he expresses the views of LAZ,” Chungu said.
He said all the statements issued by the association's president were not issued in his personal capacity but represented a well reasoned and researched position of LAZ.
“The attacks on the LAZ president, or indeed an officer of LAZ speaking in an official capacity, as an individual are unjustified.
The association has internal consultative processes that are well articulated and time tested and these processes were engaged in the case of the current topic as on all matters on which LAZ adds its voice,” said Chungu.
A week ago, Mwenye urged ZNBC to stop flouting the law in the manner it was currently covering national affairs.
However, information minister Lieutenant General Ronnie Shikapwasha refuted LAZ’s observations that ZNBC was biased in the manner it disseminates news and general information to the public.
Labels: GOODWELL LUNGU, MEDIA, TIZ, ZNBC
Read more...
TIZ urges govt to admit failures in judiciary
By Moses Kuwema
Wed 01 June 2011, 03:00 CAT
TRANSPARENCY International Zambia says the government should learn from the US State Depart-ment’s observation on respect for the country’s judicial independence.
Commenting on the observations by the US State Department that the government does not consistently respect judicial independence in the country, TIZ executive director Goodwell Lungu said there was need for the government officials to learn from the report to avoid being prosecuted when they leave office as was the case with former president Frederick Chiluba.
“This report has not come as a surprise as we have constantly advised our current government to uplift the dwindling fight against corruption. We wish to put it on record that the Zambian government should accept this particular report and not continue living in denial,” Lungu said.
“It is only when our government admits some of its failures and puts in place mechanisms to address these continued failures, can we start seeing positive changes in the fight against corruption.
It is an undeniable fact that there are numerous examples which most Zambians can attest to where the fight against corruption has waned and it is no longer being talked about the way it used to be prioritised during the Levy Mwanawasa era.”
Lungu said it was interesting that even former ministers who served under the current regime had become very outspoken on the way it has been handling the fight against corruption.
“We wish to appeal to the government to take stock of the failures in the fight against corruption and the continued public concerns that there is sometimes political pressures that have been put on our Judiciary to render political judgments rather than legal judgments,” he said.
Lungu said it was public knowledge that some of the judgments by the judiciary had raised more questions than answers.
“It is further public knowledge that politicians have made public comments that have had a bearing on the Director of Public Prosecutions to withdraw appeals that the public including ourselves have felt merits appeal,” said Lungu.
In its 2010 report on human rights practices which was released in April this year, the US State Department observed that the Zambian government does not consistently respect judicial independence in the country.
Labels: FREDERICK CHILUBA, GOODWELL LUNGU, JUDICIARY, TIZ
Read more...
Only desperate people with bad motives would oppose PVT - TIZ
By Kombe Chimpinde
Fri 11 Mar. 2011, 04:01 CAT
TRANSPARENCY International Zambia says a few selfish people must not be allowed to destroy the credibility of a tool that provides an opportunity for greater transparency in the electoral process.
Commenting on the debate about the need for a Parallel Vote Tabulation (PVT) system for the purposes of transparency and accountability in this year's elections, TIZ executive director Goodwell Lungu said only desperate people with bad motives would oppose it.
“It is not enough for Zambians to cast their votes, they should protect them and ensure their choice is protected. This choice could be the ruling party or opposition political parties. For us it does not matter as PVT provides an avenue to safeguard their votes,” Lungu said.
PVT is a system of using independent bodies to tabulate a final election count from various polling centres to compare with official results. Lungu said PVT was a transparent way to authenticate the official outcome.
He said this was the reason the organisation was considering implementing PVT as way of supporting non-governmental organisations and other bodies that were advocating transparent elections.
“We openly declare that we are now seriously considering looking at the possibility of undertaking a PVT. We have already scheduled activities to train and deploy election monitors. Together with other CSOs, we intend to place monitors in all polling stations. In addition, we will set up mechanisms to collate all confirmed election results and verify these with what will be officially announced by ECZ,” Lungu said.
He said the organisation had followed with keen interest comments emanating from what he described as MMD NGOs that had been creating a false picture and understanding of PVT.
“TIZ is extremely worried that a wrong picture is being painted that a PVT in Zambia is illegal and can cause confusion. A PVT is an accepted election monitoring methodology which has been used in a number of countries to promote transparency and credibility in the electoral process. It is an undisputed fact that several stakeholders in Zambia have used this tool in previous elections including the ruling MMD,” Lungu said.
He questioned whether there was something amiss in the ruling MMD for it to claim it had not conducted a PVT.
“The MMD had a PVT in the 2008 presidential elections that announced a wrong projection made by then MMD campaign national co-ordinator for 2008 Presidential Elections Dr Mbita Chitala on October 31 that the current Republican President would win by 62,000 votes as reported in the Sunday Mail on November 2. Regrettably the ECZ remained mute and took no action,” he said.
Lungu said that as far as TIZ was concerned, the PVT it was considering undertaking was within the law. He clarified that the implementation of PVT by independent stakeholders would not usurp the powers of the ECZ, contrary to the impression that had been created.
The Electoral Code of Conduct, Statutory Instrument No. 90 of 2006, Regulation 14006 provides that, “All media shall disclose accurate election results and shall provide updates on the progress of the vote counting process and shall not speculate election results but shall broadcast confirmed election results as they are announced and published by presiding officers”.
And Guy Scott has alleged that the MMD government has foregone a referendum for fear of implementing the 50 per cent plus one vote threshold before this year's elections.
Scott, who is PF vice-president, said in an interview that the MMD feared that the outcome of a referendum before the elections would turn out to be a vote of no confidence in the MMD leadership.
“These people (MMD) are not courageous enough to go to a referendum. Even as we go to parliament to debate the Constitution of Zambia Bill we know that because they fear a referendum will become like a vote of no confidence in their governance, we are not going to get it (50 per cent plus one threshold), because they know they will automatically lose. That is why they are saying they want to save public funds by not having a referendum this year,” Scott said.
Commenting on PVT, he said there was need for the government to work out the mechanism if claims by President Banda that he would ensure free and fare elections were true.
Labels: GOODWELL LUNGU, TIZ, VOTERIGGING
Read more...
TIZ urges incorruptible, impartial judiciary
By Sututu Katundu
Sat 26 Feb. 2011, 03:59 CAT
PEOPLE are seeking a judiciary that will not be influenced, corrupted or compromised, Transparency International Zambia says.
During celebrations to mark a decade of its fight against corruption and building integrity, TIZ executive director Goodwell Lungu said the independence of the judiciary was a major image of the professionalism and personal integrity exhibited by the persons who occupy different judicial offices.
He said judges appointed to the bench should be fearless advocates of justice for all and should be prepared to be courageous in defending the rule of law and the cause of justice.
“As ordinary Zambians, we seek a judiciary that will not be unduly influenced, corrupted or compromised, but one that dispenses justice regardless of the status and positions of all those who approach it,” Lungu said.
He said the judiciary should attract sharp legal minds, with necessary adjudicative competences and sufficient exposure to litigation to enable them discharge the functions of their offices effectively. On forthcoming general elections, Lungu said there was a need to strengthen the punishment for anyone who found him or herself violating the prohibitions of the Electoral Code of Conduct.
He proposed that the enforcement of the code should not be the preserve of ECZ and the Zambia Police Service, but said the Anti-Corruption Commission (ACC) should have its independent section on issues of enforcement in the code of conduct, which clearly spelled out what they needed to do.
Lungu said the code should also guide the public on reporting mechanisms for wrongdoing.
“We are grateful that the Electoral Commission of Zambia in September last year, hosted a stakeholders' meeting in Livingstone to discuss and agree on the contents of the electoral code of conduct which we hope will be put to good use.
“We support and endorse Livingstone workshop resolutions that the code of conduct should bar traditional leaders from exerting undue pressure on their subjects to support a particular political party or candidate,” Lungu said.
Labels: GOODWELL LUNGU, JUDICIARY
Read more...
Zamtel's sale highlighted among Africa’s questionable telecoms sales
By Mutale Kapekele in Washington DC
Fri 08 Oct. 2010, 14:00 CAT
THE sale of Zamtel to Lapgreen Networks of Libya is a case in point of questionable telecommunications sales in Africa, a Brussels based telecommunications analyst Ewan Sutherland has charged.
According to a story that was published by the International Herald Tribune, the global edition of the New York Times, Sutherland observed that many telecommunications sales on the continent were far from transparent.
Reently, LapGreenN acquired 75 per cent shares in Zamtel at US $257 million and retrenched more than half of the company’s staff.
“The privatization of telecom companies in many African countries in recent years has been far from transparent, fraught with irregularities and dominated by opaque buyers,” Sutherland observed.
“Zamtel appears to be a case in point. This deal is just the latest in a string of a series of telecommunications sales on the continent as governments scramble to raise cash.”
According to the Tribune, the continent has seen questionable telecommunication deals in countries like Kenya, Nigeria and Ghana.
In the case of Ghana telecommunication, which was taken over by Vodacom after the latter acquired 70 per cent shares in that company, a government appointed investigator discovered that the company was underpaid for its stakes.
In its story, the tribune quoted Transparency International Zambia (TIZ) executive director Goodwell Lungu and articles by The Post to highlight irregularities in the Zamtel saga.
Labels: CORRUPTION, DORA SILIYA, GOODWELL LUNGU, PRIVATISATION, RP CAPITAL PARTNERS, ZAMTEL
Read more...
Hamaundu's decision over London judgment wrong - TIZ
By George Chellah and Patson Chilemba
Sun 22 Aug. 2010, 04:00 CAT
TRANSPARENCY International Zambia (TIZ) has advised Attorney General Abyudi Shonga not to be influenced by political pronouncements concerning the appeal against Lusaka High Court judge Evans Hamaundu’s ruling on Frederick Chiluba’s London judgment.
But Vernon Mwaanga said the government’s position not to appeal against judge Hamaundu’s decision to throw out an application by the state to register the London judgment against Chiluba and others must be respected.
In a letter to Shonga dated August 20, 2010, which was also copied to Vice-President George Kunda and Law Association of Zambia (LAZ) president Stephen Lungu, TIZ executive director Goodwell Lungu urged Shonga to consider appealing.
“Dear Sir, RE: TIZ RECOMMENDATIONS ON JUDGE EVANS HAMAUNDU’S RULING ON THE REGISTRATION OF THE LONDON HIGH COURT JUDGMENT AGAINST DR. FTJ CHILUBA AND OTHERS. The above captioned subject refers. We write to recommend to your good office to consider appealing or consider registering the London High Court Judgement involving Dr. Frederick Chiluba and others under Common law as observed in Judge Evans Hamaundu’s August 13th 2010 judgment.
We wish to also encourage your office not to be influenced by political pronouncements such as the one attributed to the Chief Government spokesperson in today’s Times of Zambia that Government will not appeal, as we believe such a decision can only be made by your office which is a competent authority as the current Attorney General of the Republic of Zambia (AGZ) on this matter,” Lungu stated.
“We write and want to note from the outset that Transparency International Zambia (TIZ) wishes to place on record its gratitude to the former Attorney General but now his honour the Vice President and Minister of Justice for the Republic of Zambia, Hon. George Kunda, SC for having taken a leading role on behalf of the people of Zambia in ensuring that the Former Republican President, Dr. Fredrick Chiluba and others were pursued in the London High Court for defrauding the people of Zambia of millions of United States Dollars.
For the avoidance of doubt, the London High Court judgment established that “The AGZ then Mr. George Kunda considered it appropriate for the proceedings to be brought in the High Court in London for a number of reasons. First it is alleged that significant Defendants namely MCD, CM and AS (Meer Care and Desai, Cave Malik & Co. and Atan Shansonga) were based in London and large amounts of the allegedly stolen monies were passed through accounts held by them onward to other destinations both in Europe and elsewhere. Accordingly AGZ Mr. Kunda concluded that the claims he brought were centred in London”.”
He stated that TIZ believed that the government then decided to take such a course of action believing that the money in question was for the citizens of Zambia.
“TIZ has taken time to study and reflect on the ruling passed by Judge Evans Hamaundu on 13th August, 2010 in which he set aside the order granting the Attorney General leave to register the judgment of the London High Court of Justice obtained against former President Dr. Frederick Chiluba and others.
Our observation is that the issue that the Zambian High Court has addressed in its judgment is only one – namely whether the judgment of the London High Court of Justice should be enforced by direct registration. High Court Judge Hamaundu does not, anywhere in his judgment pronounce himself on the judgment’s validity, which judgment was obtained in a competent court; the London High Court of Justice,” he stated.
He stated that as far as they were concerned, the findings against Chiluba and others still remain valid.
“Our understanding of the Ruling is that Judge Hamaundu did not state that judgments from the United Kingdom could not be enforced in Zambia except that he has set aside the order to grant the Attorney General of Zambia, on behalf of the Zambian people, leave to directly register the London High Court judgment under the Foreign Judgments (Reciprocal Enforcement) Act.
Judge Hamaundu states that a judgment creditor (Attorney General) wishing to enforce a foreign judgment at common law will have to commence an action founded on that judgment as a cause of action (J19. It is our considered view that Judge Hamaundu actually presented your honourable office another avenue through which you should consider in seeking the enforcement of the foreign judgment against Dr. Chiluba and others,” Lungu stated.
“We find it instructive that Judge Hamaundu in his judgment does not favour direct registration as a way of enforcing foreign judgments. What we find more intriguing is that he fails to refer to his own judgment in Reefcor Limited v. Les Generals Des Carriers Et Des Mines Exploitation Gecamines (High Court for Zambia, Kitwe District, (11 June 2007) (2002/HK/526) where he allowed for direct registration, a judgment rendered by the High Court of South Africa despite the respondent arguing that South Africa is not one of Her Britannic Majesty’s dominions, neither is it a British protectorate nor a mandated territory and that it does not have a reciprocal agreement with Zambia and did not fall under the Foreign Judgment (Reciprocal Enforcement) Act Chapter 76 of the Laws of Zambia.
Judge Hamaundu after observing that no proof was rendered in court to show that South Africa had not been added to a list of countries covered by the Foreign Judgment (Reciprocal Enforcement) Act, held: “assuming that South Africa is not one of the scheduled countries, I wish to cite the case of Mileta Pakou and Others v. Rudnap Zambia Limited (1998) ZR 233”.
“He applied the following passage from the Supreme Court Judgment in Mileta Pakou: –“The law which applies in Zambia in default of any statute is the common law of England.
At Common Law, the judgment of any competent foreign court for a sum certain is enforceable as a simple debt on the basis of an implied obligation, which arises on the part of the judgment debtor. However, the foreign court must have had the necessary jurisdiction.”
The Judge then dismissed the application to set aside the Registration. Essentially, the Judge sanctioned the direct registration under CAP 76, of the Judgment on the basis of Common Law.”
He stated that TIZ was baffled that judge Hamaundu elected not to be bound by his own precedent.
“We encourage your office to pursue this issue to its logical conclusion. It is important to note that the Zambian Government has already used the London High Court judgment to extract payments from defendants Atan Shansonga, Bimal Thaker, B.B Thanker, Cave Malik and their insurers in the United Kingdom,” Lungu stated.
“Properties in Belgium were recovered with a gross value of US$8 million in a claim against four (4) European defendants based on the same allegations of conspiracy to defraud as was maintained against Dr. Chiluba and other Zambian defendants.
The Zambian Government has registered the same Judgment against Raphael Soriano in the Belgian Courts and resisted an application by Raphael Soriano challenging that registration.
“Given this new development, we believe that your office on behalf of the Zambian Government will inform the Zambian people of the next steps as soon as possible. TIZ is of the view that such an important pronouncement on the law as to reciprocity of UK Judgments must go all the way to the Supreme Court.
As far as we are concerned, this matter is far from concluded and it will be a pity if Government abbreviates this process for other reasons other than legal ones.”
He said it was TIZ’s unwavering position that this is a matter of immense public interest and it cannot be abandoned at this hurdle.
“It is thus unimaginable that your good office can abandon the cause at this stage given the rather large judgment sum which should be recovered from the judgment debtors. Thanking you in anticipation for your next steps in this important matter,” stated Lungu.
But commenting on the demand by LAZ to appeal against judge Hamaundu’s decision to dismiss an application by the state to register the London judgment, Mwaanga, who is MMD parliamentary chief whip, said the government’s position not to appeal meant that they had studied the judgment and concluded that there was no basis on which to appeal.
“Even that view not to appeal has got to be respected as well, because they are the ones who are competent to make that decision. It is the state that wanted the judgment to be registered. They are the ones who spent hours and money working on this case,” Mwaanga said.
“But on the basis of the judgment, they have studied the judgment obviously and they have come to that conclusion. And that view has got to be respected.”
Mwaanga said he respected the outcome of the judgment.
He said appealing was a matter for the government to decide.
“If they feel that there are reasonable grounds for appeal, I am sure they would have done so already. But from what I have been able to read in the media they have decided that they are not ready to appeal against the decision, and I respect that as well,” Mwaanga said.
“If the judge makes a far reaching decision, one has to study it very carefully, study its implications and from what I have been able to read as a lay man, his decision was quite well founded, unless someone is able to come up with something to the contrary. Unfortunately I am not the one who makes the decisions as to whether there should be an appeal or not.”
Mwaanga said he had read LAZ’s position on the matter but that was their view.
“There are also other views of prominent lawyers on both sides. Law you know is not an exact profession where all lawyers will agree on how the law should be interpreted.
So the LAZ view is one view, the judge has got another view,” Mwaanga said. “There are other people who have got other views. And it is part of our democratic dispensation to respect each other’s views.”
Mwaanga said there were many legal interpretations, adding that one could not say there was one view, which everybody should accept.
Mwaanga said the question of whether or not to appeal should be left to those who were competent.
In a press statement dated August 20, 2010, LAZ demanded an appeal against judge Hamaundu’s decision to throw out an application by the state to register the London judgment against Chiluba and others.
LAZ argued that the decision on the matter should be left ultimately to the Supreme Court to decide.
“For the purpose of creating an appropriate jurisdiction in law, the Attorney General should appeal to the Supreme Court so that there is finality in the matter. The judgment of the High Court has far reaching implications and therefore there is need for clarity in this area of the law,” stated Lungu. “In the alternative, the Attorney General is encouraged to consider commencing a fresh course of action under common law.
In his judgment, the Judge of the High Court alluded to this aspect and the Association is of the view that the Zambian government through the Attorney General should take all steps to ensure that finality is brought to this matter that has been costly not only to the government but the people of Zambia.
Labels: ABYUDA SHONGA, EVANS HAMAUNDA, FREDERICK CHILUBA, GOODWELL LUNGU, JUDICIARY, STEPHEN LUNGU, VERNON MWAANGA
Read more...
Conditions to register judgment were satisfied - TIZ
By Salim Dawood
Wed 18 Aug. 2010, 14:00 CAT
Transparency International Zambia (TIZ) has contended that the conditions to register the London High Court judgment that found second republican president Fredrick Chiluba and seven others liable to theft of about $46 million funds in the Zambian courts were fully satisfied.
Commenting on High Court judge Evans Hamaundu's decision to throw out an application by the state to register the London High court, TIZ executive director Goodwell Lungu said in a statement made available to the Post Online that his organization had taken time to study and reflect on the judgment.
Lungu observed that the findings against Chiluba and the others in the London High court were still valid since judge Hamaundu did not speak about the validity of the London High court judgment.
“As far as we are concerned the findings against Chiluba and others still remain valid,” Lungu.
“Our position on the registration of the London High Court judgment obtained against Dr. Chiluba and others, was clearly articulated in our (TIZ) amicus brief prepared for us largely by Professor Muna Ndulo, an eminent scholar who has reviewed global jurisprudence on the issues at play, including decisions on similar provisions of the law from African Common law countries where the same arguments were raised,” Lungu stated.
“We still contend that the conditions for registration of the judgment under the Common Law and the Foreign Judgments (Reciprocal Enforcement) Act Chapter 76 of the Laws of Zambia have been fully satisfied,” he added.
He stated that TIZ was of the view that such an important pronouncement of the law as to reciprocity of the London High court judgment must go all the way to the Supreme Court.
He stated that it will be a pity if government will abandon the matter for reasons other than legal ones.
Lungu stated that the Attorney General should be encouraged to pursue judge Hammuundu’s decision to its logical conclusion because government had used the London High Court judgment to extract payments from defendants Atan Shansonga, Bimal Thaker, B.B Thanker, Cave Malik and their insurers in the United Kingdom.
“As Transparency International Zambia, it is our unwavering position that this is a matter of immense public interest and it cannot be abandoned at this hurdle. It is unimaginable that the Attorney General can abandon the cause at this stage given the rather large judgment sum which should be recovered from the judgment debtors,” Lungu stated.
He stated that properties in Belgium were recovered with a gross value of US $8 million in a claim against four (4) European defendants based on the same allegations of conspiracy to defraud as was maintained against Dr Chiluba and other Zambian defendants. The Zambian Government has registered the same Judgment against Raphael Soriano in the Belgian Courts and resisted an application by Soriano challenging that registration.
He explained that TIZ’s understanding of the judgment was that judge Hamaundu did not state that the judgment could not be registered in Zambia except that he had set aside the order to grant the Attorney General of Zambia, on behalf of the Zambian people, leave to directly register the London High Court judgment under the Foreign Judgments (Reciprocal Enforcement) Act.
“Judge Hamaundu states that a judgment creditor (Attorney General) wishing to enforce a foreign judgment at common law will have to commence an action founded on that judgment as a cause of action.(J19) He actually presents the Attorney General another avenue through which he should consider in seeking the enforcement of the foreign judgment against Dr. Chiluba and others,” he stated.
Lungu said TIZ find it instructive that judge Hamaundu in this current judgment does not favour direct registration as a way of enforcing foreign judgments.
“What we find more intriguing is that he fails to refer to his own judgment in Reefcor Limited v. Les Generals Des Carriers Et Des Mines Exploitation Gecamines (High Court for Zambia, Kitwe District, (11 June 2007) (2002/11K/52G) where he allowed for direct registration of a judgment rendered by the High Court of South Africa despite the respondent arguing that South Africa is not one of the Britannic Majesty’s dominions, neither is it a British protectorate nor a mandated territory and that it does not have a reciprocal agreement with Zambia and did not fall under the Foreign Judgment (Reciprocal Enforcement) Act Chapter 76 of the Laws of Zambia,” stated Lungu.
Labels: FREDERICK CHILUBA, GOODWELL LUNGU, TIZ
Read more...
There’s enough evidence to arrest Changwe - TIZ
By George Chellah
Wed 11 Aug. 2010, 04:01 CAT
TRANSPARENCY International-Zambia (TIZ) executive director Goodwell Lungu yesterday said there is more than enough evidence to warrant gender deputy minister Lucy Changwe’s arrest.
Commenting on George Mpombo’s conviction and his subsequent sentencing to 60 days simple imprisonment and a K4 million fine, Lungu said Mpombo was not the only person who had committed such an offence.
“The fundamental lessons to be learnt from this case are that Hon Mpombo is not alone to have allegedly committed such an offence as we also have the likes of Hon Lucy Changwe, a deputy minister in President Rupiah Banda’s government, who is alleged to have committed a similar offence,” Lungu said.
“To make matters worse, in the case of Hon Changwe, there is allegedly more than enough evidence to warrant her arrest and the Head of State was informed about this issue by the complainant through the Office of the President (OP) in Mkushi.”
Lungu said it was interesting that President Banda had elected to pretend that one of his ministers was alleged to have committed the same offence that Mpombo committed.
“This becomes a good lesson for our leaders not to force citizens into concluding that what is now at play is the rule of vengeance and not the rule of law. It is a well-known fact that Hon Mpombo has distinguished himself as one of the leading critics of the current government. The wheels of the criminal justice have also moved remarkably faster on his case, which seems quite unprecedented,” Lungu said.
“This confirms that Hon Mpombo is not politically correct in the eyes of the current government. On the other hand, the wheels of the criminal justice system are moving very slowly on a similar case involving Hon Changwe, making citizens to believe that because she is politically correct, the President is taking long to act on a very clear case.”
Lungu said the recent events were a good lesson to both Mpombo and Changwe not to conduct themselves in the same manner in future.
Lungu advised President Banda not to promote a culture of the rule of vengeance but the rule of law.
“The cases of Hon Mpombo and Hon Changwe unfortunately point to the rule of vengeance rather that the rule of law. We appeal to President Banda to promote the rule of law. We are timely advising the President in this way as we believe that he is not a permanent President of Zambia hence our advice to him that even other leaders that may take over from him, when God and citizens determine so, should not apply the rule of vengeance on him,” Lungu said.
Mpombo was last Friday convicted by the magistrate’s court on one count of issuing a cheque on an insufficiently funded account.
He was on Monday slapped with a two month jail sentence and a K4 million fine.
And Changwe, who is Mkushi North MMD member of parliament, bounced a K10 million cheque in a house purchase transaction.
Rodger Musonda, the owner of the property in question, recently reported Changwe to the police but no action has been taken against her.
Labels: CORRUPTION, GEORGE MPOMBO, GOODWELL LUNGU, LUCY CHANGWE, MMD, TIZ
Read more...
