Abuse of public resources in MMD’s election campaigns
By The Post
Wed 12 Jan. 2011, 04:00 CAT
Simply permitting the opposition access to the ballot box is not enough for us to have elections we can say are free and fair. Elections in which
the ruling party has almost unlimited access to and use of state resources to the exclusion of the opposition cannot be said to be free and fair.
The party in power may enjoy the advantages of incumbency but the rules and conduct of the election contest must be fair. Those in power have to arrange things in a manner that does not put those in the opposition at an unfair disadvantage. There ought to be transparency, accountability and fairness in the use of public resources.
All parties should as far as possible have equal access to public resources, including equal access to the publicly owned media; and the publicly owned media should be compelled to report political campaigns fairly and accurately.
And looking at things this way, it is easy to see why Partner Siabutuba, the board chairman of Civil Society for Poverty Reduction, is calling for strict monitoring of the use of public funds by the ruling MMD and ensure that such funds are not abused. This call is not without basis.
We have a history of ruling parties abusing their incumbency. We have many cases of the ruling party abusing public funds and resources for its election campaigns. In the petition against the 2001 election of Levy Mwanawasa as president of the Republic, people who were in charge of the ruling MMD’s campaign went to court and showed that public resources were abused to have him elected. And those who gave evidence were the ones behind the abuses. Of course, why they did this is simply because they had differed with Levy, who had allowed their prosecutions for corruption. So they were hitting back at him in anger. But what they were saying was true.
It is not a secret that in 2001, Kashiwa Bulaya, as permanent secretary at the Ministry of Health, facilitated the abuse of that ministry’s funds to finance Levy’s campaign. Automobiles were removed from that ministry and given to Levy’s campaign. Money also moved in the same way. We also saw similar abuses of the Ministry of Health automobiles in Rupiah Banda’s 2008 election campaign. This newspaper carried pictures of Rupiah’s image builders being ferried around the country by Ministry of Health automobiles. We also carried pictures showing Rupiah distributing sugar and mealie-meal at election campaign meetings in Katete. This sugar and mealie-meal came from government stores, bought with public funds.
There was also abuse of government aircraft to ferry Rupiah’s friends who were helping him campaign. The state-owned media was totally hijacked by Rupiah for his campaign, to the exclusion of the opposition. To this very day, the state-owned media is still part of Rupiah’s campaign propaganda machinery. The state-owned media behaves and conducts its business as if it is owned by the ruling MMD. There is no meaningful coverage of the opposition in that media. This is not new. In 1991, UNIP behaved the same way until a court order was obtained by the Press Association of Zambia to stop it from abusing the publicly owned media and had its cadre editors removed. Probably the opposition should consider doing that today because the MMD has no right to use the state-owned media as though it were its private property. They may need to assert their right to equal access to this media.
Parastatal companies like Zesco, NAPSA, the Food Reserve Agency, among others, are still being abused by the ruling MMD for its election campaigns. It was not by accident that the other week the Food Reserve Agency donated K5 million to the MMD. And the MMD only returned that money when the opposition Patriotic Front threatened to take legal action. If there was no such threat, that money would have gone to MMD’s campaign. Money is being skimmed from parastatals and other quasi-governmental organisations by the MMD in all sorts of ways. Government-funded institutions are giving money to MMD cadres who they know very well will not be able to pay back. And they are not demanding any collateral in case of default. Contracts are also being given to party cadres who pay back some of the proceeds to the party and its key leaders. Even transnational corporations are given all sorts of government favours in return for contributions to the MMD’s election campaigns. Those who show inclinations to funding the opposition are ostracised and excluded from government business. Everyone is being shown that it pays to work with or to support the MMD.
The story does not end here. Other government institutions are also made to serve the MMD’s election agenda. The police and other law enforcement agencies, including the Office of the Director of Public Prosecutions, are also put to the MMD service. They are made to harass the opposition and its cadres while allowing MMD cadres to go scot-free with all sorts of transgressions. The list of such abuses is almost endless. This is not good for the country, its politics and democracy in general. In the long run, abuses of this nature by the ruling party can undermine public trust and threaten the viability of our democratic endeavours. While anti-corruption laws are important in the fight against abuses of this nature, they need to be embedded in a broader strategy that promotes intra-party democracy, party competition, transparency and monitoring by an informed public and an active civil society. While corrupt political parties can thus stall or even destroy processes of democratisation, political parties that are not distorted by corruption, but which are part of a well-institutionalised and competitive political framework can play a vital role in our democratic endeavours and perform valuable political and social functions. And everything possible should be done to combat abuses of this nature if we are to harbour any hope of governing ourselves in a manner that is fair and just, and of holding elections whose results truly reflect the wishes of the voters. It is necessary to remind all our political parties, including the ruling MMD, that politics and the elections that accompany it are for the good of the people and the country, and not for the political survival of any individual or political party. If the spirit of the primacy of the common good were to animate all our political parties, we would not witness such abuses of public resources by the ruling party, its leaders and cadres which leave the public dismayed and disheartened.
Labels: 2011 ELECTIONS, CORRUPTION, KASHIWA BULAYA, MMD, PARTNER SIABUTUBA
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Destruction of evidence
Written by Editor
There was a licence for corruption, for abuse in the Ministry of Health. And it will not be easy to investigate and successfully prosecute wrongdoers in that ministry because things are very deep-rooted and involve too many people. It is
not by accident that well connected people working in that ministry are much better off than other public workers.
The simple explanation for this is that there has been too much unearned income going into individuals’ pockets in that ministry. But again the question is: how has this been possible? It is simply because those in charge of government have been abusing this ministry, using these same people, these same officers.
We shouldn’t forget that it is the Ministry of Health that was used in 2001 to siphon money from government and fund Levy Mwanawasa’s campaign. And it was Ministry of Health staff that were at the centre of diverting government resources to Levy and the MMD’s campaign.
This opened the floodgates. It was free for all and it became very difficult for anyone to have full control of what was going on in that ministry. When convict Kashiwa Bulaya was permanent secretary of that ministry, he was untouchable. He was only answerable to Frederick Chiluba. Nobody could touch him or question what he was doing. Why was this? It was simply because Bulaya had special assignments. This practice did not end with the Chiluba regime.
It continued under the Levy regime. Dr Simon Miti, the permanent secretary of that ministry, had special access to the president and other state agencies. Dr Miti had a lot of power because he moved too many things. Why? It is simply because he was running a ministry that was doing a lot of things for those in power. And invariably, where things are done in this way, accountability is somehow somewhere lost. Things only come to surface much later when the chain breaks. It cannot be denied that last year, this same Ministry of Health was abused in the campaign for Rupiah Banda. Ministry of Health resources were channelled to Rupiah’s campaign. And who was doing all this? It is these same Ministry of Health staff who were moving things to aid Rupiah’s campaign. If they can steal public resources for Levy’s campaign, for Rupiah’s campaign and for all sorts of things for others, why can’t they steal for themselves?
The truth is that that whole ministry is rotten. But it is also true that it is not the only rotten ministry. The whole government system is reeking with corruption in every pore. This is a government whose business is designed for the benefit of individuals’ pockets. Workshops are arranged for the simple purpose of benefitting individuals. This is the government whose president confessed to have benefitted greatly from travel allowances. Clearly showing that foreign trips are designed to put money into people’s pockets, including the president so that he can have money to spend on girlfriends, including buying them houses. We are not inventing this. It all came from the mouth of a former president of this country trying to explain the source of his money.
We have no doubt the Ministry of Works and Supply is equally rotten. If one was to critically scrutinise every contract that has been awarded for this or that work, all the flies in this country would die from the stench of corruption.
So there are so many people in this country whose only discernible source of income is crooked deals with government. And this is what is causing a lot of problems because government is no longer much at the service of its people but it’s now a vehicle for those who are well connected and well positioned to enrich themselves.
What has been unearthed so far at the Ministry of Health is nothing but a tip of the iceberg. And people shouldn’t get too excited about it because it’s really nothing when compared to what is still under the carpet. Those who are investigating these matters need to do so with level heads. The excessive politicisation of their investigations will not yield much. It may even make them lose some of these cases they are taking before court because politics is creeping too much into their work, and shoddy jobs are being done.
The destruction of documents to destroy the audit trail should have been expected because there was a lot of collusion in what was going on in that ministry. It’s not simply a Kapoko issue. The corruption in that ministry goes far beyond the case of Kapoko. Those who have been arrested are far much fewer than those who have stolen but are still lying safe in that ministry. We wish the investigators success in their work. But we don’t think their work will yield much other than a few sensational headlines in the media. We say this because the corruption that rocked that ministry is too deep, too extensive and involves too many people. We also don’t believe the Auditor General’s office has the capacity to undertake the work required unless they suspend everything else for the next two years and simply concentrate on the Ministry of Health. Even then, they will still meet a lot of challenges.
There is a lot of collusion in the stealing of public funds in Zambia. And as we have seen in the cases before our courts of law, sometimes this collusion has involved the highest echelons of power – the presidency. We have also seen that even law enforcement agencies have been part of this collusion. We even have a case where even the Auditor General’s office became part of the scam. And even members of the judiciary were not spared in these schemes. This country lost a chief justice because of corruption, because of a desire by our people to live on unearned income. We could have lost more judicial officers if care had not been taken to put a stop somewhere.
Where there are such high levels of collusion, controls – no matter how sophisticated and elaborate they may be – become useless. Government money will still be stolen in all sorts of ways. Dubious contracts will be awarded to members of the ring. There is very little government business in this country that is clean. Very few government contracts in this country are straightforward. And the art of stealing public funds in this country is being perfected by the day. It is very difficult to detect that something here or there is not right.
The only thing that shows up all the time is the poor quality of work or service that the public gets from these contracts. It will be impossible to develop this country if we don’t change our approach towards government resources and business. You can’t have a country where the richest people are public servants. This can only happen if they are directly stealing public funds or they are selling favours.
As chairman of the Public Accounts Committee, Charles Milupi, has correctly observed, when a nation is gripped by corruption, corruption has got its own attendant vices; it’s not just the abuse of public resources and the like. Even the politics are contaminated. Even the way we worship is corrupted. Everything becomes corrupt.
And a corrupt society cannot be expected to have good governance, rule of law or even to hold free and fair elections – elections that are not manipulated or rigged. These are the dangers. This is the organised crime Milupi is talking about. These are the things that should move Zambians to zero tolerance on corruption because if they don’t, the future of this country will be a sad one.
Labels: KASHIWA BULAYA, MINISTRY OF HEALTH, MINISTRY OF WORKS AND SUPPLY, SIMON MITI
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Let’s learn from the Bulaya experience
Written by Editor
It is clear that our courts of law have joined the fight against corruption. And this is in line with the many pronouncements made by Chief Justice Earnest Sakala against corruption. This is very encouraging because where corruption dominates, justice is threatened. And therefore, those who administer our justice system have to take a very serious attitude towards corruption.
It shouldn't be forgotten that this country lost an extremely outstanding chief justice to corruption. Matthew Ngulube had to resign the position of chief justice due to receiving money from the Zamtrop account he was not entitled to, which was not his due. He was one of the early casualties of the Chiluba corruption.
It is therefore very pleasing to see our judiciary redeem itself and start to play an extremely important role in the fight against corruption.
As we have stated before, a country begins to decline when its political and other leaders, including top civil servants, begin to lose respect or integrity. We'll not make much progress without integrity among our leaders and other public servants. We'll not go far as a country if stealing public funds and abusing public office become the routine of the day with a sense of impunity.
We cannot do without a clean, incorruptible, efficient and trustworthy government.
With the Kashiwa Bulaya judgment, our courts have shown us that they have accepted the call for zero tolerance to corruption by handing him a five-year jail sentence and a total forfeiture of all the assets he had bought with stolen government money.
In the case of Lt Gen Wilford Funjika, the High Court rejected the notion that corruption could be punished by a suspended sentence and imposed a custodial sentence on him. And in the Bulaya case, the High Court has even gone further by ruling that it will not condone corruption and because corruption is a crime committed for financial gain, the court has ordered that Bulaya forfeits all his properties connected to corruption.
This is a very important message that should be understood by every one of us, especially those in charge of or with access to public resources. Even those on bail pending appeal from conviction on corruption charges should try to understand what is happening in our courts of law on the issue of corruption.
We know that so much has happened in the country and sometimes we can forget certain events, events like the Bulaya nolle prosequi. Levy Mwanawasa did a lot of good things but the Bulaya case will stand out as one of the blights on his good records. George Kunda, as justice minister and Attorney General, and Levy tried to do a deal with Bulaya and let him go scot-free. We know they had fears of their own arising from previous personal dealings with Bulaya. And out of such fear they decided to grant him a nolle. And they dragged the Director of Public Prosecutions, Chalwe Mchenga and the Solicitor General, Sunday Nkonde, into their dirty scheme. These two constitutional officers were later embarrassed by their complicity in this unjustified attempt to grant Bulaya a nolle. But instead of admitting their mistake, their poor judgement, they resorted to attacking the people who had been hired to prosecute Bulaya. This didn't happen very long ago; it's only three years ago.
Caroline Sokoni, who was then acting Director of Public Prosecutions, had refused to support Levy and Kunda in their evil scheme. And she had objected to granting Bulaya a nolle. To this very day Kunda and his friends have failed to release Sokoni's letter to them on this issue. That letter probably cost Sokoni the position of Director of Public Prosecutions.
It took several weeks of a protracted editorial struggle by The Post to make Levy and Kunda abandon their senseless attempt to grant Bulaya a nolle. The Post was accused of, and criticised for, all sorts of things including lack of respect for the president, and vindictiveness. But today The Post is absolved and is vindicated. And let us not forget that both Levy and Kunda had categorically stated that they had studied the case record of Bulaya and found no case against him that could stand in our courts of law. And these two men were very senior lawyers - state counsels. Can it be said that their conclusions were an oversight or an error of judgement? No, we don't think so. We think their decision to let Bulaya off the hook was deliberate and conscious. It can actually be said to have been an abuse of office on their part. If it was in other countries, Kunda would today be the subject of an investigation for abuse of authority. This is a potential case of corruption against Kunda and Levy. We say this because corruption is not only limited to stealing public finds. It also extends to the abuse of office and the arrogance that goes with it.
If The Post had succumbed to the pressure and the campaign that was mounted against it and abandoned the fight to ensure that Bulaya was prosecuted, this case would have been buried and Bulaya would today have been enjoying his loot. And we have no doubt he would be an inspiration to many public servants who want to enrich themselves by stealing public funds.
There are great lessons to learn from all this. Today the once rich, powerful and well-connected Bulaya is a prisoner and a pauper. The fruits of his crime have disappeared like morning dew. That which is obtained through dishonesty, through crookedness and banditry, does not last.
But our people don't seem to learn from the mistakes of others. Despite all these prosecutions and long prison sentences, we still have politicians and civil servants, permanent secretaries, directors in government ministries engaging in corrupt schemes. Some of our politicians were not even scared to engage in electoral corruption and fraud. Civil servants were diverting public resources to election campaigns.
Again, our advice is that corruption does not pay. Some may get away with it but it won't be all. The best thing is to do the right thing and do it in an honest manner. And to our people, we urge them to be eternally alert or vigilant against corruption. They should be ready to fight this scourge wherever they see it. No quarter should be left for the corrupt.
As for our courts, we can only urge them and give them all our support as they do that which they should do to stop this rot that is eating away our country.
Labels: ERNEST SAKALA, KASHIWA BULAYA
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Lifuka welcomes Bulaya's sentence
Written by Allan Mulenga
Sunday, December 28, 2008 12:38:28 PM
TRANSPARENCY International Zambia (TIZ) president Rueben Lifuka has said the five-year jail sentence of former Ministry of Health permanent secretary Kashiwa Bulaya will send a clear signal that abuse of office, corruption and the embezzlement of public resources do not have a place in society.
And Federation of Free Trade Unions of Zambia (FFTUZ) vice-president Charles Phiri has said the conviction of Bulaya was a wake-up call to other people still facing corruption charges.
Commenting on the five-year jail sentence of Bulaya after losing his appeal in the High Court against conviction by a magistrate’s court last year, Lifuka said the court’s decision was a testimony that no one person was above the law and those still serving in public office should not delude themselves that they would for one reason or another, be immune from prosecution if they were found wanting.
“Transparency International Zambia generally welcomes the conviction of Dr Kashiwa Bulaya for five years. This decision handed down by the courts is important as it sends a clear signal that abuse of office, corruption, embezzlement of public resources does not have a place in our society,” he said.
Lifuka said the investigation and prosecution of Bulaya was significant as it touched on the issue of public procurement and highlighted weaknesses inherent in the current procurement system.
“It also touches on the need for better and periodic scrutiny of all persons appointed or even elected to public office. These should be men and women whose sense of probity is beyond question,” said Lifuka.
And Phiri said the conviction of Bulaya was a wake-up call to other people still facing corruption charges, saying Bulaya’s case had been dragging for a long time.
“We welcome the conviction of Dr Bulaya because the court ruling was long awaited. As the labour movement, it saddens us to see corruption cases taking too long to be disposed off by the courts of law,” he said.
Phiri urged the judiciary to expeditiously deal with all corruption cases currently before the courts of law.
“The government should not delay justice. Corruption cases must be met with full force of the law. These cases have been dragging for a long period of time. Here we are talking of high profile cases that have been running for seven to eight years now,” he said.
Phiri said the five-year jail sentence slapped on Bulaya would serve as a lesson to all civil servants who were in the habit of engaging in corrupt activities.
“It is worrisome to note that most of the civil servants are involved in corruption. However, this will deter civil servants from engaging in corrupt activities,” he said.
Phiri hoped that other corruption cases that were still in the courts of law would quickly be dealt with and the judiciary would mete out stiffer penalties to all those who would be found wanting.
“We are urging the judges to come up with stiffer penalties for people who will be convicted on corruption. We feel that is one of the deterrent measures that need to be put in place,” said Phiri.
Labels: KASHIWA BULAYA, RUEBEN LIFUKA
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Bulaya gets 5-year jail sentence
Written by Laura Hamusute
Saturday, December 27, 2008 12:59:31 PM
FORMER Ministry of Health permanent secretary Kashiwa Bulaya yesterday went to jail for five years after losing his appeal in the High Court against conviction by the magistrates’ court last year.
And Supreme Court judge Marvin Mwanamwambwa, sitting as High Court judge, castigated Bulaya's lawyer Frank Tembo for using disrespectful language when referring to court judgments.
Earlier, judge Mwanamwambwa dismissed Bulaya's appeal on grounds that it had no merit and upheld the lower court's order on the seizure of Bulaya's assets.
This is in a case in which Bulaya appealed to the High Court against his conviction by Lusaka High Court deputy registrar Edward Musona who was then principal resident magistrate after he found him guilty of abuse of authority of office and corruption.
Bulaya was charged with abuse of authority of office contrary to Section 37 (2) a of the Anti-Corruption Commission Act number 42 of 1996. Particulars of the offence were that Bulaya on dates unknown but between August 17, 2001 and October 31, 2001, being a public officer, namely permanent secretary in the Ministry of Health, abused his authority of office by disregarding laid down tender procedures through the engagement of Butico A1 to supply Elixir Nine, a drug for people living with HIV/AIDS to the Ministry of Health, thereby gaining advantage.
On the second count, Bulaya was charged with corrupt practices by public officer between August 17, 2001 and March 15, 2001.
Bulaya is said to have received about K115 million when he served as permanent secretary from Butico A1 as an inducement to himself for engaging the company to supply drugs to the Ministry of Health. He also received about K890 million cash gratification between October 11, 2001 and June 17, 2003.
The state called 21 witnesses but when Bulaya was put on his defence and given a chance to defend himself, he elected to remain silent, contending that he was not going to have a fair hearing.
On February 21, 2007, magistrate Musona sentenced Bulaya to five years imprisonment with hard labour and ordered the forfeiture of his assets.
But Bulaya, being dissatisfied with the judgment, decided to appeal to the High Court against his conviction and even applied for bail pending his appeal.
Consequently, he was granted bail of K40 million with two working sureties.
Later, Bulaya was deserted by his lawyer Mumba Kapumpa after he failed to settle legal fees. Bulaya then engaged Frank Tembo as his new lawyer.
Tembo advanced four grounds of appeal, some of which related to conflict of interest.
Tembo, in his heads of argument, argued that there was no need for Bulaya to declare interest as he was not a shareholder while state prosecutions lawyer Mutembo Nchito argued that there was need for Bulaya to declare interest in his dealings with Butico A1.
Judge Mwanamwambwa ruled that there was need for Bulaya to declare his interest in the transaction and that his decision not to declare interest was a clear breach of the Zambia National Tender Board (ZNTB) Act.
He established that Bulaya was a close associate of Dr Angel Yostov who was the chief executive officer of Butico A1 and that despite the tender board's refusal to engage Butico to supply drugs, Bulaya made the approval alone and signed a Memorandum of Understanding on behalf of the Ministry of Health.
Judge Mwanamwambwa also established that Bulaya was instrumental in the supply of Elixir Nine and he received a total of about K511 million from Butico.
He noted that Bulaya had an interest in the supply of Elixir Nine and that he directly or indirectly benefited from the transaction.
Judge Mwanamwambwa observed that Elixir Nine was given to the public without being subjected to clinical trials for toxicity and efficacy. He further established that the Ministry of Health paid about K3 billion to Butico for the supply of Elixir Nine.
Judge Mwanamwambwa dismissed the assertion by the defence that Elixir Nine was requested for by the then State House press aide Richard Sakala for clinical trials ruling that it was indeed Bulaya who orchestrated the supply of the drug.
He threw out all of Bulaya's grounds of appeal upholding the decision by the magistrate's court.
On lawyer Tembo's language, judge Mwanamwambwa rebuked him for using the word contrite when referring to an action by the trial magistrate. He also told Tembo to be systematic when presenting his arguments before court.
It is against this background that judge Mwanamwambwa threw out Bulaya's appeal and Bulaya was taken to jail upon judgment. The five-year sentence was effective from yesterday.
Labels: CORRUPTION, COURTS, KASHIWA BULAYA
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Musona orders Bulaya’s forfeiture of properties
By Noel Sichalwe
Saturday February 24, 2007 [02:00]
LUSAKA magistrate Edward Musona yesterday ordered Bulaya’s forfeiture of six motor vehicles and nine properties including the house where he lives in Lusaka's Chalala area. But Bulaya's re-appointed lawyer Nicholas Chanda and Bulaya's brother have vowed to appeal against the forfeiture. Magistrate Musona on Wednesday jailed former health permanent secretary Kashiwa Bulaya for five years with hard labour on abuse of office and corruption charges saying he deserved to be in prison for the crimes that he committed.
Bulaya was alleged to have misappropriated about K3 billion public funds meant to buy immune boosters (Elixir 9) for people living with HIV/AIDS. Making the application for forfeiture, Task Force prosecutor Mutembo Nchito said the judgment had indicated that there were properties that Bulaya acquired using proceeds from the offences. "In the circumstances of the case, the state pursuant to section 41(c) of the Anti-Corruption Act and based on the findings of the court, apply that the properties be forfeited to the state. In total, there were six motor vehicles and nine other properties," Nchito said.
At this stage, magistrate Musona asked Bulaya to respond to the application. Bulaya then asked for an adjournment because he had re-engaged his lawyers Nicholas Chanda and Mumba Kapumpa to handle his matter. But Nchito said the matter was closed, judgment was passed and Bulaya was now serving a prison sentence. He said the application was delayed as they waited for the investigations officer to be present. Nchito said at that stage of the case, Bulaya could not decide to retain lawyers when the matter was concluded. He said the court had made findings and that the proper thing was to enforce the provisions of section 41(c) of the Anti-Corruption Act.
"Even without the state's application, the findings of the court are by implication to be enforced," he said.
Nicholas Chanda then said it was not in dispute that he withdrew from representing Bulaya but that there was no rule that barred him from being re-appointed to represent his client. "We received instructions from family members and came back yesterday by filing a notice of appeal," he said. Chanda said he even met Task Force prosecutor Fred Malambo and served him with a notice of appeal. He asked for an adjournment to allow him argue the case for Bulaya.
Passing the ruling, magistrate Musona said it was trite law that a lawyer could withdraw from representing a client and later be re-appointed. He, however, said that could be done through filing a notice of appointment or placing himself on record in court but that Chanda did not do any of the two. Magistrate Musona said he could not therefore place Chanda on record because he did not make such an application. He also rejected the application to adjourn and ordered that Bulaya forfeit his six vehicles and nine other properties to the state.
Chisha Mwaba said they would continue appealing until they appealed to God for help. Chanda on Thursday filed an appeal in the Lusaka High Court's criminal registry stating that he was dissatisfied with the decision to convict Bulaya and jail him for five years. Chanda is likely to argue that the state did not prove its case beyond reasonable doubt because Bulaya had refused to defend himself against the allegations since the court was unfriendly.
Labels: KASHIWA BULAYA
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Africa and resources
By Jenkins Chisoni
Saturday February 24, 2007 [02:00]
Why is Africa the least developed? Brother Aubrey Chindefu, the answer lies in front of you and yet, like all of us except The Post, you want to go round the truth.
The answer is that our leaders have chosen greed and selfishness against service to the continent and its poor people using the abundant resources you have correctly identified. Blaming the West or East will not help Africa as our leaders have always shown them how gullible we are.
"Come Europe! Come America! Come China! Come India!! We are here for taking. Take our resources, (ifwe tushale no bwakumwinko twalibelela ukucula)", our leaders have been telling the rest of the world continuously. Indeed they have come to Africa and taken the resources with our leaders' approval whilst dressed in their expensive suits. Wouldn't you take advantage as well brother Chindefu if you were the West or East?
History indeed repeats itself, our chiefs fought wars to sell our brothers and sisters to be slaves in the West and East for beads, guns and beer. ‘Why is Africa least developed?’ you ask?
http://www.postzambia.com/post-read_article.php?articleId=23033
Chiluba’s outcry
By Mkandawire Stein,Kampala - Uganda
Saturday February 24, 2007 [02:00]
Reading the story that Chiluba cried over being deserted by his friends was sad.
Indeed Chiluba as a human being can cry because he seems to have been isolated and the only faithful friends of his that I have noticed are Chitalu Sampa, Peter Machungwa and Michael Chilufya Sata. Chiluba is ailing and he needs close friends that can always encourage him.
I felt very sorry for Chiluba when I saw that picture which showed him being assisted by his wife. All those that were very close to him and benefitted so much from him have indeed abandoned him for greener pastures in President Mwanawasa's government. People should have sympathy and integrity.
However, it does not surprise me so much that Chiluba has been abandoned. First Chiluba brought in this culture by ensuring that all the prominent people that were in UNIP turned against Dr Kaunda. Who knew that Sebastian Zulu would at one point fight Kaunda?
Chiluba engineered that with money. When the late Kebby Musokotwane was the leader of UNIP, Chiluba made sure that Musokotwane spied over his colleagues like the late Cuthbert Ng’uni over the Zero Option saga which was a baby of MMD.
You The Post covered that story very well and in depth. There came a slogan from MMD that each time Dr Kaunda opened his mouth he annoyed many Zambians so Kaunda should not talk. Chiluba embraced that slogan because if he did not agree with the same slogan he should have told his MMD cadres not to use it .
In 2001 when Chiluba mapped his third term campaign, he chased many of his close friends within MMD who genuinely opposed his third term bid.
During a press conference where he fired 21 cabinet and deputy ministers, he was asked: “How are you going to treat these people if you met on the street?” His answer was very casual and teasing: “I would say hello guys.”
Actually this is a fact because it was live on ZNBC television.
So his friends are saying to him ‘hello king Fred”. In Nyanja there is a saying " chaona muzako chapita maba chili pa iwe". This is what is typically happening to Chiluba.
The other thing is that some Christians are not happy with the manner he married the former Mrs Mwanza now Mrs Chiluba. They feel they are condoning that behaviour. So Chiluba should examine all the avenues that have led to his being abandoned.
Crying out in public would not solve matters as we would just listen and forget about it but he should make amends with the people he has wronged especially Mr Mwanza.
http://www.postzambia.com/post-read_article.php?articleId=23029
Bulaya’s incarceration
By Mwiya Nawa, Lusaka
Saturday February 24, 2007 [02:00]
The sentencing of Kashiwa Bulaya should serve as a lesson to all those who, in the discharge of their duties on behalf of the public, decide to steal from the very people they were appointed to serve. One did not need to be a lawyer to see how much Bulaya abused his authority.
Even his attempt to delay the wheels of justice was in the realisation that he was headed to jail. It was, therefore, shocking that someone who deprived Zambians access to drugs by diverting K3 billion meant for drugs could go scot-free on account of lack of evidence.
Had it not been for The Post, civil society and political parties that objected to the nolle entered in Bulaya’s favour by Mwanawasa and his brigade, Bulaya would be walking free after stealing from Zambians.
The conviction of Bulaya is a huge indictment on Mwanawasa, George Kunda, Chalwe Mchenga, Darlington Mwape and the entire fight against corruption.
In societies where people take responsibility for their conduct of public affairs, all these should have resigned on moral and legal grounds. But this is Zambia, where wrongdoers refuse to acknowledge their wrong and where plunderers are glorified.
Plunderers have no remorse for their actions. How else can one explain Bulaya’s conduct – the man has been jailed but he came out smiling as though he had won an acquittal? The same goes for Samuel Musonda.
I read in your editorial a day after he was sentenced that he was laughing at questions put to him by the prosecutors during the trial.
It appears stealing had gone to their heads so much that it was no longer a strange thing to do – What callousness!
Chiluba's cry should serve as an eye opener to President Mwanawasa.
Labels: CHILUBA, KASHIWA BULAYA, LETTERS, MANUFACTURING
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The future doesn't belong to the faint-hearted
By Editor
Friday February 23, 2007 [02:00]
IT gets dark sometimes, but the morning comes. There is no need to surrender. Suffering breeds character. Character breeds faith. In the end faith will not disappoint. This is the way we feel about the conviction of former health permanent secretary Kashiwa Bulaya. There is no doubt that Bulaya has been fairly and justly convicted for theft of public funds and abuse of public office. There is also no doubt that the funds he has been prosecuted and convicted for stealing are just a small fraction of what has been stolen. This criminal abuse of public funds must be brought to an end.
It was not easy to get Bulaya prosecuted because his friends in government tried everything possible to ensure that he was not prosecuted. There was an attempt by Director of Public Prosecutions Chalwe Mchenga, the then Attorney General George Kunda who was also the justice minister, and also by President Levy Mwanawasa himself, to protect Bulaya from prosecution. It took a month-long protracted struggle to make Levy yield and allow Bulaya to be prosecuted; it took the use of very hard language to make this government allow Bulaya to be prosecuted.
But Bulaya’s case and his conviction raise a lot of questions about the integrity of our criminal justice system. It raises serious questions about the independence of the Director of Public Prosecutions. What happened in the Bulaya case, over the nolle prosequi that was granted to him, raises serious questions about the behaviour of those who occupy the office of Director of Public Prosecutions. In Bulaya’s case, it is very clear that the decision to enter a nolle in his favour was not an independent decision of the Director of Public Prosecutions, he was merely fulfilling the wishes of the President and his justice minister.
We know that in every society throughout history, those who administer the criminal justice system hold power with potential for abuse.
We are not in any way trying to say that the Director of Public Prosecutions should not enter nolle prosequis. What we are trying to say is that he should do so in an independent way, a way that is consistent with the constitutional powers given to this office.
Our Director of Public Prosecutions will have serious difficulties convincing anyone that he had acted independently in this matter. And this is confirmed by his open collaboration with State House to try and spin a lie over Bulaya’s nolle prosequi. Mchenga signed a joint statement with Darlington Mwape and Solicitor General Sunday Nkonde which was full of lies and untruths about Bulaya’s nolle prosequi.
Why did he do this? Why did he join this web of deceit? Is this a sign of someone who is acting independently?
Every state must have the power to maintain order and punish criminal acts but the rules and procedures by which the state enforces these laws must not be arbitrary and subject to political manipulation by those in power.
Abuse of power, in any form, should not be tolerated and should be fought without respite whenever it occurs or signs of it start to show.
Again, now that the Bulaya case is over, we reiterate our demand for the release of Sokoni’s letter. Why are we demanding Sokoni’s letter to be released to the public? We are not demanding the release of this letter just for the sake of it.
We want to remove deception, crookedness and lies from public life and the politics of our country. We know that Levy and his minions did not act in an honest manner over this issue; they acted in a very treacherous and dishonest manner. We know it is hard to understand their behaviour, but sometimes painful things like these happen. It is all part of the process of building a nation.
And this is not just a matter of oversight on the part of Levy. It was a deliberate action taken to perpetrate an injustice. They knew very well what they were doing and they had calculated everything. This was not just a matter of style. Of course the truth is that in many aspects of politics, style and substance complement each other. Very often, there are two sides of the same coin.
Some people may wonder why we should continue demanding Sokoni’s letter when the issue is over and Bulaya has been convicted. The key issue in this matter is not Bulaya’s conviction; it is dishonesty in public life, in the discharge of public duties - it is corruption on the part of Levy and his minions. Dishonesty is corruption.
It is not only the stealing of money that constitutes corruption - dishonesty is also a fraud that can harm a nation and it must be detested and punished in the same way as the stealing of public funds.
Levy and his minions lied to the nation that there was no sufficient evidence in the Bulaya case for it to be successfully prosecuted. But Bulaya failed even to put up a defence. The only defence he wanted to rely on was of accusing the trial magistrate of unfairness or bias. We all know that this was nonsense because the matter was conducted with sufficient fairness and integrity.
Actually, the one who lacked fairness and integrity was Bulaya himself. This shows that there was much more to the entering of a nolle prosequi of Bulaya. It wasn’t a clean nolle. We know that the Director of Public Prosecution shas no obligation to explain his nolles to anyone. But this is not a blank ticket for any Director of Public Prosecutions to abuse our criminal justice system through the use of nolle prosequis. If this is found to be so, the Zambian people have every right to question any nolle prosequi so entered. Nolle prosequis were made to serve a legitimate cause and not to be used as a vehicle for corrupt deals with criminals like Bulaya.
We therefore demand the release of Sokoni’s letter so that the Zambian people can know for themselves if in any way Levy and his minions had betrayed public trust in the Bulaya case. And as we continue to demand the release of this letter, we give our most humble thanks to all our people, wherever they may be, who never hesitate to join just causes and denounce crookedness and corruption.
The future belongs to the courageous like them; it does not belong to the faint-hearted; it belongs to the brave, to those who can stand up against injustices; to those who are daring.
Labels: EDITORIAL, KASHIWA BULAYA
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Release Sokoni's letter
By Editor
Thursday February 22, 2007 [02:00]
When we called Levy Mwanawasa’s followers minions over the Kashiwa Bulaya nolle prosequi, we were misunderstood. Some people thought we were unnecessarily abusive. They didn’t bother even to find out from a simple dictionary the meaning of the word ‘minion’. To them, it sounded like a big insult. But this ‘big insult’ was not an insult at all. It simply meant blind followers. But why did we call them blind followers?
They knew the truth about the Bulaya case and yet they decided to suppress it, to protect their employment and gain cheap favours from their boss. They were telling Levy what he wanted to hear, not what he needed to hear. And these included very senior government officials who are well paid by the taxpayer to help Levy discharge his duties in an efficient, effective, orderly and honest manner. Among these characters was George Kunda, working as Attorney General and justice minister, Sunday Nkonde - Solicitor General, Chalwe Mchenga, the Director of Public Prosecutions for the Republic, and one Darlington Mwape, Levy’s adviser on legal matters.
They all ganged up to justify and defend a fraud, a deception, a lie, a gross abuse. They ganged up to try and procure a nolle prosequi for Bulaya. They ganged up to shove into our throats Bulaya’s nolle prosequi. They were prepared to tell lies and deceive the public for reasons that have nothing to do with national interest.
They allowed their boss to mount public platforms and declare that there was no evidence upon which Bulaya could be convicted. Levy as a senior lawyer himself declared that there was no evidence on which Bulaya could be tried and convicted. This in itself would have been very bad if that was all they did. They went so far as to vilify and attack innocent people. They turned against their own prosecutor Mutembo Nchito, accusing him of violating the Constitution by refusing to effect a nolle prosequi in favour of Bulaya.
However, the Law Association of Zambia (LAZ) investigated their allegations against Mutembo and found that there was no truth in them; they were just trying to crucify an innocent person. At the helm of this crusade against Mutembo was Levy himself. He publicly bayed for Mutembo’s crucifixion at LAZ. We have not forgotten the day at Lusaka International Airport when Levy was ordering Mutembo to appear before LAZ whilst addressing the press and his party cadres. He expressed optimism that LAZ would nail Mutembo to the cross because, as far as he was concerned, a lawyer should not refuse to uphold the Constitution.
In a characteristically Levy way, Mwanawasa had forgotten the difficult struggle that Mutembo had waged which had earned his government international respect and standing. For political expediency, Levy was prepared to destroy a hard-working professional. The only sin the professional had committed was to refuse to be a minion - a blind follower of Levy.
As for us, we were called all sorts of names and accused of all sorts of things; of harbouring all sorts of hatred and hidden agendas. We were vilified because we refused to accept Levy’s attempt to pervert the course of justice. We were not going to sit quietly whilst Levy and George decided to play selective justice.
When we were calling for the release of former acting DPP Caroline Sokoni’s letter, we were met with resistance on the pretext that it was classified and would prejudice Bulaya’s case.
Bulaya’s case is now over. Can we see Sokoni’s letter! There is no reason to hide this letter, except that Levy and George know that they were involved in something wrong. They know that they were caught in a deception and the release of Sokoni’s letter would finally nail them. If as Levy claims, he is a man who respects the law, the time has come for him to come clean and apologise to the public for his abuse of office in his attempt to deceive the public and give a nolle prosequi to Bulaya who had extended favours to him in his 2001 campaign and in the presidential election petition.
Levy and his minions must learn to respect the public and deal with them on the basis of truth. Levy and his minions lied on the Bulaya case. And yesterday, their lie was laid bare - Bulaya was given a five-year jail sentence after being found guilty on every count.
The fight to reverse Bulaya’s nolle prosequi should teach us all a lesson; there is no one Zambian who can change the nation alone, all by himself or herself. To improve our lot, we must engage in concerted actions, we need to work together side-by-side like beavers.
One lesson that stands clear from the Bulaya saga was a clear division that emerged between those who were ready to bury both the truth and those who were fighting for the truth on one side and those who were prepared to stand up for the truth and defend it to the hilt.
The conviction and sentencing of Bulaya is not only a product of the work of the prosecutors; many others contributed to ensure that justice was done. This judgment is a fitting tribute to the selfless, courageous and distinguished anti-corruption crusader, the late Professor Alfred Chanda. All those who will care to scan the media coverage of the issue during that period will appreciate the clarity of debate that Professor Chanda brought to the issue. He fearlessly stood by the prosecutors, against the formidable onslaught that Levy and his minions had unleashed on all who differed with them on this score. Proferssor Chanda was a clear voice for the many voices of our nation.
The Law Association of Zambia and its leadership also deserve credit for the professionalism that they exhibited in dealing with this matter. Levy tried to flatter them, bribe them with praises into taking his line on this matter. But they stood their ground and saw things for what they were.
The efforts of Reverend Japhet Ndhlovu on this matter also deserve recognition because they helped alter the balance of forces in favour of honesty and justice.
In short, our people’s ability to stand up to injustice, to denounce that which deserved to be denounced, is what has contributed to yesterday’s conviction of Bulaya and to the challenge of impunity. It will no longer be possible for any sensible person in government, or politics in general, to act with impunity, without risking too much.
If Levy and Kunda do not take this opportunity to be honest and disclose Sokoni’s letter, they themselves would have joined Bulaya’s criminal activities and deserve to be with him wherever he may be. They should deal with the public honestly. We told them that we would not stop fighting for Sokoni’s letter. This is a humble reminder to deal with that matter honestly. As we pay tribute to all those gallant comrades who fought this matter, our demand is very simple - release Sokoni’s letter.
Labels: CORRUPTION, EDITORIAL, KASHIWA BULAYA
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Bulaya gets 5 years for corruption
By Noel Sichalwe
Wednesday February 21, 2007 [16:43]
LUSAKA magistrate Edward Musona has jailed Kashiwa Bulaya for five years with hard labour on abuse of office and corruption charges saying he deserved to be in prison for the crimes that he committed. This is a matter in which Bulaya, a former permanent secretary in the Ministry of Health, was alleged to have misappropriated about K3 billion public funds meant to buy immune boosters (Elixir 9) for people living with HIV/AIDS.
After the verdict, magistrate Musona asked Bulaya to mitigate. However, Bulaya - who appeared unruffled by the judgment - responded that he had nothing to say. Delivering judgment in a packed courtroom, magistrate Musona said it was important that people who were entrusted with national responsibilities look into the affairs of citizens and not betray their confidence. He said the supply of Elixir 9 to the Zambian people, which was still undergoing clinical tests on mice and animals in Bulgaria, was a great risk to many people. Magistrate Musona said after considering the circumstances surrounding the case, the only appropriate sentence needed was a custodial one.
He said although Bulaya had refused to say anything in mitigation, he had considered the fact that he was a first offender who served the people of Zambia in a very senior position.
“Consequently, therefore, the accused will serve five years with hard labour on each of the three counts with effect from July 17, 2006 (when bail was revoked),” magistrate Musona said. “What it means is that the sentences will run concurrently for five years. If you are not happy, you can appeal to the higher court within 14 days.”
At this stage, Task Force prosecutor Fred Malambo indicated that they would apply for forfeiture of some of Bulaya’s properties on Friday. Malambo said he needed to sit down with the investigations officer Trevor Nyoni who was out of town by yesterday before making the formal application.
Magistrate Musona also said according to his findings, he was satisfied that Bulaya and his business partner Dr Yotsov were directors in the two companies - BUTTICO A1 and Anbul Investment - that supplied the drugs to the ministry. Magistrate Musona said when Elixir 9 was supplied to the Ministry of Health in 2001, it had not yet been subjected to any clinical tests for quality assurance in Zambia before it was sold to the public. He noted that the National Formulary Committee that selected medicine to be used in public sector and the Zambia Essential Drug List that comprised of authorised drugs on the Zambian market, did not approve the public consumption of Elixir 9. Magistrate Musona also found that there was movement of money from Ministry of Health to BUTTICO A1 and finally into Bulaya’s account.
He also noted that there were buildings and motor vehicles that could have been purchased with public funds. Magistrate Musona said Bulaya had the right to call witnesses but he declined to exercise his right for over five months with about eight adjournments. “The law is there to allow an accused person to elect to remain silent but there is no law to force an accused person to testify when he has emphatically refused,” he said. Magistrate Musona said Bulaya did not declare interest when he introduced the issue of Dr Yotsov for the supply of Elixir 9 from BUTTICO A1.
He said by the time Bulaya introduced Elixir 9 to the Ministry of Health committee, it was sold to members of the public and the Ministry of Health had already purchased it. “It is clear the accused person benefited directly from the money he received from BUTTICO A1,” magistrate Musona said. “The accused also benefited from buildings and in fact he lives in one of these houses. This was a clear abuse of office and the accused used his powers wrongly to purchase drugs from Dr Yotsov who was his business partner.”
He also noted that the purchase of Elixir 9 from BUTTICO A1 was neither approved by the ministerial tender committee nor the Zambia National Tender Board. “I am therefore, satisfied beyond all reasonable doubt that the prosecution have proved every ingredient of the charge on all the three counts. I therefore, convict you on each of the counts as charged,” he said. Bulaya was abandoned by his lawyers - Mumba Kapumpa and Nicholas Chanda when he wanted to address the court in his personal capacity.
Among the issues he raised against magistrate Musona was that the court had contributed to his suffering by incarcerating him in prison after the revocation of bail. Bulaya also complained that the bail conditions were high and inhuman, that the prejudice and desire to have him incarcerated had never stopped. He has also asked magistrate Musona to recuse himself as he might not receive a fair hearing.
After the judgment, Bulaya’s relatives sympathised with him although he appeared not concerned as he could even afford a smile. As he was led to the vehicle that took him to Lusaka Central Prison, Bulaya diverted to the toilet where people including the photojournalists followed him up to the door and waited for him until he came out. In the first count, Bulaya was - between August 18, 2001 and October 31, 2001 - alleged to have abused his authority of office by disregarding laid down tender procedures by engaging BUTTICO A1 to supply herbal drugs to the Ministry of Health.
Bulaya in the second count was between August 17, 2001 and April 4, 2003 alleged to have corruptly received K116 million cash gratification from Dr Yotsov as an inducement or reward for having engaged BUTTICO A1 to supply herbal drugs to the Ministry of Health. On the last count, he was between October 11, 2001 and June 17, 2003 alleged to have corruptly received K913 million cash gratification from Dr Yotsov for having engaged BUTTICO A1 to supply herbal drugs to the Ministry of Health.
Labels: AIDS, CORRUPTION, KASHIWA BULAYA
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