Sata has powers to suspend a judge, Malila tells Supreme Court
By Namatama Mundia and Agness Changala
Wed 19 Sep. 2012, 10:30 CAT
THE Attorney General yesterday told the Supreme Court that President Michael Sata has powers to suspend a judge without consulting the Judicial Complaints Authority.
This is in a case where Attorney General Mumba Malila appealed against Lusaka High Court judge Fulgence Chisanga's ruling where she stayed President Sata's decision to appoint a tribunal to investigate the misconduct of Supreme Court justice Philip Musonda and two High Court judges Charles Kajimanga and Nigel Mutuna.
The long awaited tribunal appeal hearing was heard before a full bench of Supreme Court justices who included acting Chief Justice Lombe Chibesakunda, acting Deputy Chief Justice Florence Mumba, Marvin Mwanamwambwa, Muyinda Wanki, Elizabeth Muyovwe, Hildah Chibomba and Gregory Phiri.
Malila urged the court to allow their appeal saying judge Chisanga made a ruling from a wrong premise namely an inappropriate interpretation of Article 98 (2) of the Constitution, adding that if she had placed a correct interpretation of that provision, she would have come to know that the application for judicial review would fail.
He said judge Chisanga grossly misdirected herself by interpreting Article 98 (1) of the Constitution in a manner inconsistent with the current meaning of the words used in the Article.
Malila said by failing to construe the text of the Constitution according to its original understanding, judge Chisanga departed significantly from basic principles of constitutional interpretation and thereby misdirecting herself.
He said in dealing with the application to discharge leave, judge Chisanga inevitably dealt to an extent with the main judicial review application.
Malila added that judge Chisanga did not also take into account all the issues which were brought before her.
And Solicitor General Musa Mwenye also submitted that judge Chisanga misdirected herself in law and fact in finding as she did that on facts and the arguments advanced there was a prima facie and arguable case sufficient to justify refusal to discharge the ex-parte order granting leave for judicial review.
He said had judge Chisanga directed her mind to three considerations namely, illegality, procedural impropriety and unreasonableness, she could have come to the inescapable position that there was in fact no prima facie case established.
Mwenye said there was misdirection of the serious kind for judge Chisanga to hold that the Republican President could only invoke his constitutional powers under Article 98 (3) of the Constitution, upon the advice of the Chief Justice given under subsidiary legislation passed later than the Constitution, namely the Judicial Code of Conduct Act No.13 of 1999.
He said there was nothing that dilutes the constitutional powers of the President in Article 98.
Mwenye said the matter in the court below had gone behind the stage of leave because judge Chisanga had already granted leave for judicial review.
"The learned judge had different considerations before her from the considerations which she ought to have directed her mind at the stage of the application to discharge the leave," he submitted.
Mwenye further submitted that at the stage of discharging the leave, it was unavoidable to delve in the merit of the application, adding that had the judge directed her mind to the powers of the President, she could have come in the inescapable consideration that there was no prima facie.
He added that judge Chisanga in deciding whether prima facie had been established, she should have directed her mind to whether the decision by the President was executive or quasi judicial.
Mwenye said had the judge considered the serious weighty public policy consideration, she would not have come to inescapable conclusion that there was no prima facie.
And one of the respondents' lawyers, former Attorney General under the Rupiah Banda regime, Abyudi Shonga urged the court to dismiss the appeal with costs saying judge Chisanga was on firm grounds when she granted his clients a stay against their suspension.
He said the appeal should be dismissed because the appellants had raised new grounds which they did not raised in the lower court.
Labels: FLORENCE MUMBA, JUDICIARY, MICHAEL SATA, MUMBA MALILA
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Government may not compensate the Railway Systems of Zambia (RSZ)-Attorney General
TIME PUBLISHED - Wednesday, September 12, 2012, 11:49 am
GOVERNMENT may not compensate the Railway Systems of Zambia (RSZ) following the termination of the concessioning of Zambia Railways, citing breaches and massive damage to the railway link, Attorney General Mumba Malila has said.
And Zambia Railways managing director Knox Karima says RSZ will not be allowed to take assets away until the matter is resolved, Zambia National Broadcasting Corporation reported last evening.
In an interview yesterday, Mr Malila said there are a myriad of contentious issues the government will consider before it can agree on whether or not to compensate RSZ.
“Remember RSZ may be guilty of breaching the concession agreement,” Malila said, “and so that is the issue that has to be considered…”
Finance Minister Alexander Chikwanda on Monday cited deterioration, damage, loss of property including life, as part of the reason the government decided to cut the concession.
Mr Chikwanda said the takeover was necessary, “because any additional delays would result in further destruction of the railway assets, making it more expensive for the planned upgrade of the railway to meet regional and international standards.”
Former Vice-President Enoch Kavindele – citing a study – says Government may need between US$150 million and US$200 million to get Zambia Railways back on track before more money can be invested into the venture.
Mr Kavindele said, in an interview, that the expenditure would be necessary if Zambia Railways was to meet modern standards.
“I don’t see why Government cannot raise these funds,” Mr Kavindele, who is promoting the North-West Railway project, said as he joined others in supporting the repossession.
And some political parties have welcomed the move by Government to repossess the company. Forum for Democracy and Development (FDD) president Edith Nawakwi said Government should consider signing a public-private partnership agreement with China Railways, among others, to revamp Zambia Railways.
Ms Nawakwi said there is need for Government to partner with the private sector to make the railway system viable.
“We desire to see bullet (efficient) trains that will move our people from Kitwe to Livingstone in a short space of time, unlike the current situation,” Ms Nawakwi said.
She called on people who were leased land or are squatting along the railway track to vacate the land and pave way for expansion works.
The FDD leader said Government should also categorically state that the land along the railway track is an asset of Zambia Railways which should be protected for future expansion of the railway track.
The United Party for National Development (UPND) has also welcomed the repossession of the company “with caution”.
UPND spokesperson Charles Kakoma said the issue of Zambia Railways has been problematic but Government should have reviewed the concession agreement in an amicable manner.
“The review of the concessioning of Zambia Railways is what Parliament actually recommended but I think the manner in which it has been repossessed raises some questions. The approach, rather than the decision, is the issue,” Mr Kakoma said.
On Monday, Government terminated the freight and passenger concession agreement between Zambia Railways and RSZ.
The railway line was put up to a 20-year concession in 2003 but its growth grid has been down from the concession period, according to the government.
RSZ has declined to comment on the development which has cheered many Kabwe residents, who believe the fortunes may turn in their favour, once the government recapitalises the venture.
“I am in Kabwe right now (yesterday) and Kabwe residents are openly basking in the news of the government takeover and the prospects new money may bring to the now economically-depressed city,” Ms Muleya Mwananyanda, a Zambian working abroad, said.
Meanwhile, ALEX NJOVU reports that the Zambia Congress of Trade Unions (ZCTU) in Kitwe has welcomed Government’s decision.
In an interview yesterday, ZCTU Kitwe district chairman David Mwamba commended Government for its decision to terminate the concession, which the union feels will enhance job security.
He said it is unfortunate that the RSZ failed to operate to expectation and allowed railway infrastructure to be run down without taking the necessary steps to safeguard property.
“Infrastructure was dilapidated and it was clear that there was something wrong. Now that government has taken Zambia Railways back, things might improve,” Mr Mwamba said.
[Zambia Daily Mail]
Labels: MUMBA MALILA, PRIVATISATION, RAILWAY SYSTEMS OF ZAMBIA
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UPND reapplies for rally permit
By Allan Mulenga
Wed 12 Sep. 2012, 10:05 CAT
UPND members have notified police of their intention to hold a rally in Lusaka's Kanyama compound this Sunday. But the police have advised UPND members against going ahead with the rally because of security concerns. In an interview yesterday, UPND spokesperson Charles Kakoma hoped that the police would give them a go ahead with the rally.
"We applied because the excuse that they gave was that they were all going to watch football in Ndola and next Sunday there is no soccer game. We expect them not to create another excuse. Otherwise, we will conclude that their real agenda is to ban the opposition from holding rallies in this country," he said.
Asked on why the party decided to give a fresh notice when it was still contesting the cancellation of another rally in the same area by the courts of law, Kakoma said:
"That is a specific matter relating to the cancellation of that rally, but this is another rally coming and there will be many more rallies. We will continue to do so throughout the country. We have already given the notice to the Lusaka Province commissioner Dr Jere himself."
Kakoma said UPND lawyers were preparing papers for filing in court for contempt over the cancellation of the rally.
"The judicial review is still coming up and the fact that they disobeyed the court order, our lawyers are preparing necessary documents to file in court for contempt. We are compiling the necessary papers. We haven't filed in the papers yet," he said.
Kakoma accused Attorney General Mumba Malila of not being sincere over the cancellation of the rally.
Attorney General Malila said the order was not served on him during working hours but dropped at his house in the night.
"I think the Attorney General is playing a hide-and -seek game because the permanent secretary Ministry of Justice knew about it. Dr Jere himself was served with the judicial review and himself (Malila) was also served with the judicial review. I think it is sufficient that when somebody is aware, and he read the order himself, that should have been sufficient enough for him to take measures to ensure that they obey the court order. He received the order it doesn't mean that it has to find him in the office," said Kakoma.
But Police spokesperson Elizabeth Kanjela said the police had advised the UPND not to go ahead with the rally for security concerns.
"Yes, they have given us a notice for the rally. However, we have advised them not to go ahead. We still believe that due to security indicators that are in that area, it is not safe for them to go ahead.
One thing we have to confirm is that we the police are non-partisan. We are doing this for the sake of public safety. We advised them not to go ahead and we will continue talking to them," said Kanjela in an interview yesterday.
Labels: CHARLES KAKOMA, MUMBA MALILA, UPND
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UPND rally order wasn't served properly - Malila
By Kombe Chimpinde, Mwala Kalaluka and Allan Mulenga
Tue 11 Sep. 2012, 10:30 CAT
ATTONEY General Mumba Malila yesterday explained that he could not sign and advise police on the ex-parte order granted by the High Court for the UPND to hold its rally in Lusaka because it was dropped at his house in the night.
But Law Association of Zambia president James Banda said LAZ was deeply concerned that acts of intolerance and similar documented actions of arbitrariness on the part of the police, about which the lawyers' body had commented in the recent past, had continued unabated by the PF government.
However information minister Kennedy Sakeni said police were professional and well organised in the manner they treated the UPND issue.
On Sunday, police sealed off the venue of the UPND rally in Lusaka's Kanyama Compound and sent away party officials that were supposed to address it.
This was despite a High Court order asking police to allow UPND to hold a rally.
Police explained that they had not been availed the court order.
In an interview, Malila said claims that he had signed for the order, delivered by the High Court on September 7 was a 'blue lie'.
"They obtained an ex parte order, meaning they went to court without us on Friday, September 7. When they (police) called and told me about that, I said I have not been with the order service. I am therefore not in a position advise you," he said.
"The Attorney General is a party to the proceedings, so the normal thing they (UPND) would have done is to come and serve the order on the Attorney General as soon as the order was made."
Malila said UPND had failed to serve him with the order on both Friday and Saturday on time, as advised, and only served him with the same on Saturday night at around 21:00 hours after they erroneously sent the same to police.
"The following day on Saturday, somebody dropped a copy at the Zambia Police Service and the police were not party to the action," Malila said.
"They were not cited as a party and so the police obviously couldn't do anything. They said 'this belongs to the Attorney General and therefore, we are not in a position to do anything. Serve it on the Attorney General'."
Malila said it was unfair for UPND to expect him to start advising the Inspector General of Police regarding the order at 21:00 hours.
"I came to the office, worked and went away on Saturday and after I left, that is when someone from the UPND called me and said 'we are trying to find you to give you a copy of the order'. I said well, but you know where to serve, so you come to the office," he explained.
He said the UPND officials didn't meet him until he left the office.
"Then in the night around 21:30, they came to my house when I was not at home at the time. They left this court order and asked my son to sign for it," he explained.
"So now in those circumstances, what am I expected to do? Take the order and start waking up the Inspector General of Police… Come I want to advise you? When the police had already made arrangements to ensure law and order is observed?"
Malila said he however could not speak on the conduct of the police as it was beyond his jurisdiction.
"I cannot of course speak on behalf of the police on how best they should preserve law and order, they themselves know how to do it but I never advised them at all because I got the order very late in the night," said Malila.
And Banda questioned why the government always remained mute in the midst of strong public comments against growing lack of professionalism and intolerance exhibited by the police.
Banda said government should not bless and keep the senior police officers that disobeyed a court order in their blocking of the rally.
"It is public knowledge that in a bid to proceed with the rally, UPND had recourse to the High Court for Zambia and were granted an order directing that they should proceed with the planned rally. Unfortunately, the police in their acts of intolerance and in clear breach of the law elected to block the holding of this rally by UPND notwithstanding the UPND availing them the order," he said.
"One cannot help but conclude that these actions on the part of the police are undertaken with instructions of the executive. This is particularly so because, while other organisations have made strong comments on such police actions in the past, the executive has always remained mute in the face of glaring lack of professionalism exhibited by the police."
Banda said the right to freedom of assembly and freedom of association were inalienable and sacrosanct and that the same were guaranteed in the Bill of Rights as by the Constitution established.
Banda said on that basis, no person or government authority had the right to violate those constitutional rights of citizens, unless under compelling and clearly deserving circumstances.
"The position of LAZ is that the reported reasons advanced by the police that there would be no manpower to police the rally cannot, without violation of language, be considered good enough to stop a political party from holding a political rally. Strikingly, the same police who cited lack of manpower as the reason for cancellation managed to deploy officers to prevent the holding of the rally," Banda said. "The public may wish to be reminded that when a similar reason was advanced by police to deny citizens the right to hold a rally, the late Mr. Justice Peter Chitengi passed a High Court judgment which was well reasoned and which placed the law on police permits in its clear perspective."
Banda also stated that in its quest to block this planned rally, police were prepared to pour scorn on and frown in the face of a validly obtained court order giving the UPND permission to go ahead with the rally.
"LAZ wishes to give a timely reminder to the government, through the instrumentality of the Zambia Police Service, and to the citizenry in general that in a democratic dispensation such as the one Zambia ushered in, in 1991, we are all called upon to the legal duty to respect and implement decisions of the courts established to preside over the laws of our land," he said. "This is the hallmark of the rule of law and actions to the contrary are a rich recipe for unbridled anarchy, injustice and the break down in the rule of law because such actions greatly undermine the very laws which courts were established to foster and implement."
Banda pointed out that the police's acts of arbitrariness and disregards for legality in Kanyama deserved strong condemnation and LAZ called upon the executive to ensure that the institutions through which it had been elected to preside over national governance, operated in the most professional and generally acceptable standards of public expectations.
"It is our expectation that the executive will not bless the actions of the police by keeping the senior officers who disobeyed a court order and brought shame on the Zambia Police Service and indeed on the executive as a whole," Banda stated.
And the UPND says the process to seek legal redress over the police's cancellation of the rally had started.
And UPND chairperson for legal affairs Jack Mwiimbu said in an
interview from Mumbwa yesterday that their legal counsel Sakwiba Sikota was working on the papers.
Mwiimbu said the party was also not aware of any UPND cadres from Southern Province that were detained in Kafue after their buses which were believed to be heading to the Kanyama rally were impounded.
And Southern African Centre for Conflict Resolution and Disputes (SACCORD) executive director Oscar Tembo wondered why the police failed to effect an arrest on machete wielding PF cadres when they knew that it was offense to display dangerous weapons in public.
Tembo urged the police to put its house in order, saying that their conduct was unprofessional.
And Sakeni said: "Zambia Police Service is a well-organised and a disciplined security establishment, which follows the laws of the land to the letter. Thus, hate speech and isolated verbal attacks on the police command and the service in general is nothing but a worthless exercise."
He said that as a government fully supported the impartiality exhibited by police in the manner they handled the matter.
"The legal position regarding service of documents is well set out in the High Court Rules. Service of court documents is good service on the Attorney General if the document is left at the Attorney General's office," Sakeni said.
"However, although under the rules, service cannot be done on Sundays, Good Friday and Christmas day only, service of the document by leaving a copy at the office of the Attorney General on a Saturday afternoon or delivering a copy to the Attorney General's house after 21:00 hours on Saturday, is technically irregular. UPND should have endeavoured to serve the order on the Attorney General during working hours on a working day."
Sakeni said in any event, this being a judicial review, the police should have been made party to the action because they made the decision and the order was directed at staying their decision.
"On the face of it, the order does not say what the Attorney General who is the respondent should or should not do," said Sakeni.
The order stated: "IT is ordered that the application be allowed and the said applicant do have leave to apply for judicial review as aforesaid. The court further directs that all decisions, proceedings now being challenged, including the decision to cancel the rally of the 9th September, 2012, be stayed until after hearing of the motion for judicial review herein or until further order and that the said rally go ahead."
Labels: DEMONSTRATION, MUMBA MALILA, UPND
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Malila justifies reversal of Zamtel sale
By Mwala Kalaluka
Sun 08 July 2012, 13:25 CAT
PRESIDENT Michael Sata's decision to reverse the sale of Zamtel to Lap GreenN was without malice and done in public interest, says Attorney General Mumba Malila in his skeleton arguments following the latter's petition against the transaction's reversal.
Malila said Lap GreenN's petition against the decision by government to compulsorily acquire 75 per cent shareholding in Zamtel should be dismissed with costs because it is premature. He said President Sata's action was done in the public interest, without malice and was reasonable in the circumstances of the case.
This is in a matter where Libya's Lap GreenN has challenged a decision by the government to reverse the sale of 75 per cent shares in Zamtel.
According to skeleton arguments filed before Lusaka High Court judge Albert Wood on Friday afternoon, Malila said Lap GreenN commenced its action against the government without exhausting the legal procedures provided.
He submitted that the government's decision on Zamtel was legal and has met all the relevant procedural requirements.
Malila said the decision fell within a species of action called Eminent Dormain which exists in most democratic societies.
He said since President Michael Sata scrupulously followed the procedural steps, there was no ground on which LapGreenN could fault the government.
"The petitioner contends that there was procedural impropriety on the ground that it was not heard before the President made up his mind. The right to be heard is not absolute and must be considered in light of the provisions of the law," he said.
"We submit that on the authorities and upon a fair reading of the Act there was no procedural impropriety on the part of the President."
Malila said the acquisition of 75 per cent shareholding in Zamtel by LapGreenN was extremely controversial.
He submitted further that the issue of compensations was never discussed by the parties before the matter was brought to court.
"We submit that the petitioner has commenced this action without exhausting the procedure provided for under Section 5 2 and 11 of the Act," said Malila.
"It is only after that procedure has been exhausted that an aggrieved party can commence proceedings before Court. In short, this action is prematurely before this Court and it should therefore be dismissed with costs."
Labels: LAP GREEN, MICHAEL SATA, MUMBA MALILA, ZAMTEL
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Shansonga's arrest a boost in corruption fight - Malila
By Staff Reporter
Sun 01 July 2012, 13:24 CAT
ATTORNEY General Mumba Malila says Attan Shansonga has had a heavy load on his head after years of running away from the law. Shansonga, the former Zambia's Ambassador to the United States, was arrested by Danish authorities a week ago in Denmark after being a fugitive for eight years.
ACC director general Rosewin Wandi has indicated that the extradition of Shansonga was imminent since details of his cases in Zambia were submitted to the Danish authorities.
"The fact that he was arrested in Denmark is very good for Zambia. It confirms one thing, and that is that you cannot run away from the law, running away is just temporary," Malila said in an interview yesterday.
He said government faced a lot of difficulties to get Shansonga to answer charges in the courts of law.
"…He now faces the reality of getting home where he will have to answer charges laid against him. It is a boost in the fight against corruption. He has had this heavy load on his head. I am sure he was not free to come to Lusaka because of those corruption charges," said Malila.
"If he's innocent, he will be released, if found with a case, the law will take its course. "
In the corruption cases, Shansonga was charged together with former president Frederick Chiluba and former director of intelligence, Xavier Chungu.
Late president Levy Mwanawasa disclosed in his special address to Parliament on July 11, 2002 that apart from receiving amounts exceeding US $1.1 million from the Zamtrop account which was run by the Zambia Security Intelligence Services, Shansonga was also the brain behind MISSL and MISSL Associates, two companies incorporated in England and Wales and in the British Virgin Islands which were created by the Chiluba regime as consultants on the management of the former ZCCM assets.
Labels: CORRUPTION, MUMBA MALILA, ROSEWIN WANDI
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Malila appeals stay of tribunal
By Namatama Mundia
Sun 17 June 2012, 13:25 CAT
ATTORNEY General Mumba Malila says judge Flugence Chisanga misdirected herself and fell into grave error when she issued an order staying the decision by President Sata to appoint a tribunal to investigate the misconduct of a Supreme Court judge and two High Court judges.
Malila has appealed to the Supreme Court against High Court judge Chisanga's ruling to sustain the stay of proceedings of a tribunal appointed to investigate High Court judges Nigel Mutuna and Charles Kajimanga after defence arguments that the tribunal was illegal and premature.
Supreme Court judge Philip Musonda has since joined judges Mutuna and
Kajimanga, in challenging the tribunal appointed to probe their alleged misconduct after former deputy chief justice Dennis Chirwa allowed his application.
However, Chief Justice Ernest Sakala and justice Chirwa have proceeded on leave pending their retirement and President Sata has since appointed justice Lombe
Chibesakunda as Chief Justice while justice Florence Mumba is acting Deputy Chief Justice.
According to a memorandum of appeal filed in the Supreme Court on June 14, 2012, the state has filed nine grounds of appeal against judge Chisanga's ruling.
Malila said judge Chisanga misdirected herself by purporting to prescribe a condition precedent for the President's exercise of his Constitutional power.
He said it was misdirection of the serious kind for judge Chisanga to hold that the Republican President could only invoke his Constitutional powers under
Article 98 (3) of the Constitution, upon the advice of the Chief Justice given under subsidiary legislation passed later than the Constitution, namely the Judicial Code of Conduct Act No.13 of 1999.
Malila said it was serious misapprehension of Constitutional provisions and consequently a misdirection for the judge to suggest as she did in her ruling that there was an interplay between Article 91 (2) of the Constitution and the Judicial Code of Conduct on one hand.
He further said judge Chisanga grossly misdirected herself by interpreting Article 98 (1) of the Constitution in a manner inconsistent with the current meaning of the words used in that Article.
Malila added that by failing to construe the text of the Constitution according to its original understanding, judge Chisanga departed significantly from basic principles of constitutional interpretation and thereby fell into grave error.
He added that the judge erred when she held that Presidential powers given under Article 93 (3) of the Constitution were assailable on the basis of Article 91 (1)and 91 (2) of the Constitution.
"The learned judge in the court below misdirected herself in law and fact in finding as she did that on facts and the arguments advanced there was a prima facie and arguable case sufficient to justify refusal to discharge the ex-parte order granting leave for judicial review," Malila noted.
He said by issuing an order staying the decision of the President, which order was couched in mandatory terms and thus effectively reversing rather than merely staying the presidential decision, judge Chisanga fell into grave error.
"It was a travesty of justice for the learned judge below to have adopted an approach in her ruling which effectively prejudged the issues that should have been properly reserved for the main judicial review hearing," said Malila.
Labels: MUMBA MALILA
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Malila appeals stay of tribunal
By Ernest Chanda and Mwala Kalaluka
Tue 29 May 2012, 13:25 CAT
ATTORNEY General Mumba Malila says the state is highly dissatisfied with Lusaka High Court judge Fulgence Chisanga's decision to sustain a stay of proceedings of a tribunal appointed by President Michael Sata to probe the misconduct of three suspended judges.
In a notice of appeal filed by Malila in the Supreme Court registry yesterday, the state indicated that its appeal to the Supreme Court was against the whole ruling delivered by judge Chisanga on May 24, 2012.
Judge Chisanga's ruling emanated from an application filed on May 17, 2012 by Solicitor General Musa Mwenye for her to set aside an ex-parte order granted to two suspended High Court judges, Nigel Mutuna and Charles Kajimanga, on May 16, 2012 for leave to apply for judicial review.
The judicial review sought, according to judge Chisanga's ruling, was in respect of the decision made by President Sata on April 30, 2012, to appoint a tribunal to investigate the applicants and to suspend them as well, together with Supreme Court judge Philip Musonda.
Judge Chisanga in dismissing the state's application last Thursday said she does not agree with Mwenye that the investigations to be conducted by the tribunal ought not to be stayed simply because the process is investigative in nature.
"My firm position is that the investigations, being non-criminal in nature, are amenable to be stayed. It would totally defeat the course of justice not to stay the President's decision," she said.
"The purpose of Judicial Review is to ensure that the individual is given fair treatment by the authority to which he has been subjected."
Judge Chisanga said Mwenye delved into the merits of the case, through his application, prematurely.
"I therefore dismiss the application with costs. Leave to appeal is granted.
In the event that no appeal is lodged, the substantive application will be heard on the 30th May, 2012 at 09:00 hours," said judge Chisanga.
But Malila in his notice of appeal in the Supreme Court, which was filed yesterday morning, said he was dissatisfied with judge Chisanga's ruling in its entirety.
"Take notice that the appellant herein the Attorney General being dissatisfied with the ruling of the Honourable Madam Justice F.M Chisanga sitting at Lusaka and delivered on the 24th day of May 2012 intends to appeal to the Supreme Court against the whole ruling under cause number 2012/HP/0515 dismissing the appellant's application to discharge leave to apply for judicial review," Malila's notice read.
And Mike Mulongoti says the Judiciary should be amenable to public scrutiny.
Commenting on the resistance by judges Charles Kajimanga and Nigel Mutuna to the setting up of the tribunal by President Michael Sata against them, Mulongoti said the Judiciary was a public institution which should be checked by the people.
He said if the other two arms of government could be scrutinised by the public without any problem, the same should happen to the Judiciary.
"There's this assumed misfit where the corporate veil must never be removed. But you see, checks and balances are for everybody. And I would like to believe that at some point in as much as we would like to protect the sanctity or whatever you call it, of the Judiciary, they should be amenable also," said Mulongoti yesterday.
"I still insist that we must go to the original intention. The President's original intention was to do an inquiry by setting up that tribunal. Now it would appear that it discomforted people; and so many things have come in between. I do not think we should lose sight of the original intention because that original intention is supposed to lead us to the truth. So those who are fighting the original intention which is an inquiry are the ones I'm finding difficulties with. Whether the circumstances surrounding that decision are questionable, I think you cannot throw the baby with the dirty water. The original intention is what I stand for; it was supposed to be an inquiry. There was no indication of guilty; it was supposed to be an inquiry."
And foreign affairs minister Given Lubinda says if his proposal to have a law that would compel members of the Judiciary to declare their assets had been accepted by parliament, the current problems in the Judiciary would not have risen.
Lubinda said he was threatened by some senior members of the Law Association of Zambia when he pushed for judicial checks and balances.
In 2006, Lubinda presented a private member's motion which sought to bring a law that would compel Judiciary workers and other senior civil servants to declare their assets and liabilities.
"In 2006 I presented a private member's motion to Parliament, where I was seeking the introduction of a law that would compel three groups of people to declare their assets and liabilities. I wanted that law to compel all members of parliament, all members of the Judiciary and all senior civil servants to declare their assets and liabilities annually," said Lubinda.
"But this motion was stopped by the late Republican vice-president George Kunda when he was justice minister through an engineered MMD majority. And prior to that I was summoned and later held up at Hotel Intercontinental by very senior members of LAZ. They threatened me that if I went ahead with that motion, all members of the judiciary would resign, and that there would be chaos in the nation. I was in the company of my friends former PF members of parliament Lazrous Chota and Lombe Mulenga [for Lubanseshi and Kwacha respectively."
And communications deputy minister Col Panji Kaunda said judicial reforms could not be done without outside help.
Col Panji said Zambia needed outside help in reforming the Judiciary especially now that Zambia was about to have a new constitution.
He said currently there was a lot of suspicion and people had no confidence in the judicial system hence the need for outside help.
Col Panji said there was need to lay off the judges and expatriates hired while the reformation process was going on.
He said later, individuals that were cleared would reapply while new positions could be filled up by other lawyers.
Col Panji said in its current form, the Judiciary could not carry out reforms to review itself.
Labels: COURTS, MICHAEL SATA, MUMBA MALILA
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Judges are not immuned to scrutiny – Malila
TIME PUBLISHED - Thursday, April 26, 2012, 7:07 pm
Attorney General Mumba Malila says gone is the era when Judges were above scrutiny.Speaking when he officiated at the Law Association of Zambia Conference in Livingstone today, Mr Malila says the present era demands that the doings of the Judiciary should be publicly scrutinized and discussed almost as frequently and with as much venom as those of politicians.
Mr Malila says for judicial independence to be meaningfully nurtured and protected by all, it must be counter-balanced by judicial accountability.
He adds that judicial independence does not mean Judges are an elitist group, untouchables, and not subject to accountability.
He says to the contrary judicial independence is also about transparency and accountability.
Mr Malila further states that judicial institutional accountability requires that the judiciary is held in high esteem by the public.
He says this respect cannot be demanded but must be earned.
The Attorney General also reminded Lawyers that they have an obligation not only to protect judicial independence, but also to ensure that the public understands, respects and supports the principles.
He adds that Lawyers should not relent in letting the general public know that courts exist to serve their justice needs, and assure them that a strong independent and accountable judiciary is for their own good.
QFM
Labels: JUDICIARY, MUMBA MALILA
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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
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AG directs DPP to oppose M'membe's conviction
By Maluba Jere
Fri 02 Mar. 2012, 11:00 CAT
ATTORNEY General Mumba Malila has
directed the Director of Public Prosecutions not to support the conviction of Post editor Fred M'membe. Submissions filed in the High Court state that the prosecutors requested the Attorney General to provide an opinion on public policy considerations, if any, on the prosecution of The Post editor and the intended prosecution of US-based Zambian law Professor Muna Ndulo.
According to the submissions, the request was made as a reference to the Attorney General's office in terms of the proviso to Article 56(7) of the Constitution, which reads: "Provided that when the exercise of any such power in any case may, in the judgment of the Director of Public Prosecutions involve general considerations of public policy, the Director of Public Prosecutions shall bring the case to the notice of the Attorney General and shall in the exercise of his powers in relation to that case, act in accordance with any directions of the Attorney General".
This is in a case where M'membe appealed against his conviction for contempt of court arising from an article authored by Prof Ndulo titled "The Chansa Kabwela case: A comedy of Errors" published on August 27, 2009.
According to the state submissions, the Attorney General was of the view that M'membe's prosecution was a perversion of justice and that it should not have been undertaken in the first place.
The submissions state that Malila's opinion on the matter was that the conviction in the circumstances was equally a travesty of justice and directed that the conviction should not be supported.
Malila stated that the prosecution of M'membe and the intended prosecution of Prof Ndulo for contempt were undertaken under an exceptional background.
"I have studied the circumstances that gave rise to this prosecution. As I can ascertain, The Post Newspaper published the article entitled "The Chansa Kabwela Case: a comedy of errors in their Newspaper number 4697 of 27th August 2009...The President, according to the article should never have issued a directive to the police," said Malila.
"The police on the other hand should have exercised professionalism and independence, but they did not; the DPP should have stepped in to redeem the situation, he too failed."
He further said considering the political circumstances of the time and the totality of what transpired, the prosecution of Kabwela was not objectively and professionally undertaken as evidenced by the result of the prosecution which was an acquittal.
Malila added that in many ways, the author of the article complained of was vindicated and that its publication was justified saying the criticism was valid and apt.
He stated that M'membe's prosecution and subsequent conviction was driven by undisguised political interests.
"The effect of the prosecution of those perceived to be criticising injustice is to stifle the constitutionally protected freedom of expression," he said.
"Some prosecutions, including that of Mr Fred M'membe who appeared to be an ardent critic of the government of that time, appeared to have been driven more by undisguised political interests and the need to dole out political patronage rather than achieving justice. This was an affront to the rule of law and is consequently against public policy."
The state in their submissions said it was clear from the Attorney General's opinion that his view was that the conviction of the appellants should not be sustained.
"In the premise, pursuant to Article 56(7) of the Constitution aforesaid, we therefore abide by the Attorney General's direction and do not support the conviction," read the submissions in part.
In 2010, senior resident magistrate David Simusamba sentenced M'membe to four months imprisonment with hard labour after being found guilty of contempt of court together with Post Newspapers.
Magistrate Simusamba also sentenced M'membe to four months simple imprisonment on behalf of Post Newspapers.
However, M'membe appealed against the conviction and the High Court has since set April 2, 2012 as the date for judgment.
Labels: DPP, FRED M'MEMBE, MUMBA MALILA, THE POST
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Malila defends Sata on Zamtel
By Maluba Jere
Fri 03 Feb. 2012, 14:01 CAT
ATTORNEY General Mumba Malila has submitted that the decision taken by President Michael Sata to compulsorily acquire 75 per cent shareholding in Zamtel does not fall within the parameters of unreasonableness and cannot be challenged.
He has asked the Lusaka High Court to dismiss with costs an action by Lap Green Networks, the former owners of Zamtel, in which they have asked the court to order for the reversal of the government's compulsory acquisition of 75 per cent shareholding saying the action is prematurely before the court.
Libyan-owned Lap GreenN has sued the Zambian government seeking an order of mandamus to compel the government to reverse its action of unilaterally taking away 75 percent shares in Zamtel which it said belonged to it.
This is in a case where Lap Green had asked the court for an order of certiorari to remove into High Court for Zambia to quash the decision by the government to unilaterally and unlawful reverse the sale of 75 per cent share in Zamtel to Lap Green.
Lap Green contends that the move by government was unfair, illegal and that the investigation committee set up to investigate the sale of share in Zamtel which government based its decision to reverse the shareholding was not binding and was unlawful because the said committee did not operate in accordance with the inquiries Act.
But Malila in his skeleton arguments in opposition to summons for leave to apply for Judicial Review pursuant to Order 53 of the Rules of the Supreme Court (White Book) 1999 edition, argued that the decision by the government to compulsorily acquire 75 per cent shareholding in Zamtel should be set aside because it was legal and correctly done within the law.
He said Lap Green's grounds had no basis at law and that the government decision to acquire the shares was legal, adding that it met all relevant procedural requirements.
He further submitted that the applicant had not placed before the court sufficient grounds upon which the court could inquire into the matter because it had not exhausted administrative processes for compensation under the lands acquisition Act chapter 189 of the Laws of Zambia.
"There is nothing exceptional about this case which would justify the applicant to commence his actions without exhausting the procedure provided for under Section 5 (2) and 11 of the Act," he said.
"Our contention is that this is an attempt by the appellant to disrupt the administrative process. Section 11 of the Act is explicit in that the claim by an interested party to be submitted to the minister is not limited to compensation claims but the other claims as well. It is only after such procedure has been exhausted that the applicant can commence proceedings before this court. In short, this action is prematurely before court and should be dismissed with costs."
Malila further stated that the decision by the government to compulsory acquire 75 percent shareholding in Zamtel falls within a species of actions called ‘Eminent Dormain' as such the court should not entertain the applicant's demands.
"Government followed the right procedure and the applicant has not stated any ground upon which the government can be faulted as regards the procedure laid out in the Act," he said.
"In fact my Lord, it is the applicant that has rushed to court without first exhausting all the procedures laid down in the Act which requires claimants to lodge their claims with the minister and present any claims to court only within six weeks after publication of the notice in the gazette as provided in section 11 of the Act.
And Judge Albert Wood who is presiding over the matter has ordered Lap Green to commence its action before the general registry and not with the commercial saying the matter was not of business nature.
Judge Wood stated that the matter was about the review of the decision making process rather than a review of the merits of a decision and that it could not possibly be commercial nature even though it may affect a commercial transaction.
This was after the state sought the court's guidance on whether LapGreen was correct to commence its action before the commercial registry.
Solicitor General Musa Mwenye submitted that the proceedings before court were for judicial review that emanated entirely from the decision of the government to exercise statutory powers under the Lands Acquisition Act Cap 189 of the Laws of Zambia.
But lawyer for Lap Green Vincent Malambo said what the state were seeking was shares in a commercial entity which shares were procured in all respects in the manner of commerce.
Labels: ATTORNEY GENERAL, LAP GREEN, MUMBA MALILA, ZAMTEL
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Malila mourns Kasonde
By Maluba Jere and Bright Mukwasa
Mon 16 Jan. 2012, 13:57 CAT
ATTORNEY General Mumba Malila says the death of 77-year-old lawyer Andrew Kasonde has dealt a severe blow to a delicate part of the legal profession.
During a valedictory service on Saturday for Kasonde, a legal practitioner of nearly 50 years and probably the oldest member of the profession in private practice, Malila said Kasonde was a serious advocate and truly learned in the law.
He said the late Kasonde was very diligent in his work and that he paid close attention to detail.
"He articulated his arguments exceedingly well and articulated his arguments in near-perfect English. He had great love and mastery of the English language," Malila said.
He said with Kasonde as opposing counsel in court, rather than having fun, many practitioners were given a good run for their money and that they were taught life lessons in advocacy.
Malila said the late advocate who was known as probably the only lawyer who did not drive, would for a long time to come remain the most modest advocate the bar had ever known.
"Senior counsel Kasonde loved his profession and the courts where he mainly practiced it. Despite his preferred mode of transport being no doubt the slowest, he was often punctual for his court cases," he said.
"…Out of choice and principle, he never gave in to the lure of luxurious and comfortable living which most advocates glamour for."
Malila added that Kasonde's death should remind legal practitioners of the need to document the history of the legal profession in the country, saying the knowledge and expertise that late Kasonde had would have been tapped and written down for posterity.
He also conveyed his deepest sympathies to the bereaved family asking God to comfort the family during the sad time.
And Law Association of Zambia president James Banda says the death of Kasonde was a tragedy to the law profession in the country.
Banda said Kasonde's passing was a sad day event the Zambian legal profession.
"The death of a loved one is one of the most devastating experiences a human can face and at times the loss may seem unbearable. It is natural that after the death of a loved one, we might be confronted with a number of overwhelming emotions, including shock, numbness, sadness, and perhaps even guilt or anger," Banda said.
"My Lord, it is with this in mind that, on behalf of the LAZ Council, all members of the Law Association of Zambia and indeed on my own behalf, I wish to extend to the family of the late Mr Andrew Kasonde our profound sorrow and regret on his demise. His death is a loss to the legal fraternity. When I got news of Mr. Kasonde's death I made inquiries from some senior members of the bar who interacted with him and they all confirmed to me that in his own unique way he had a very cordial and courteous relationship not only with the members of the bar but the bench as well."
Banda urged lawyers to emulate the virtues of the late Kasonde.
Labels: LAWYERS, MUMBA MALILA
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Malila ready to defend Scott's appointment
By Masuzyo Chakwe and Bright Mukwasa
Thu 12 Jan. 2012, 13:59 CAT
ATTORNEY General Mumba Malila says his office is ready to receive and tenaciously defend any court process against the appointment of Dr Guy Scott as Republican Vice-President.
And political analyst Sishuwa Sishuwa has questioned the sincerity of George Kunda over his intentions to drag Republican Vice-President Guy Scott to court over his eligibility to occupy that office.
In a statement yesterday, Malila stated that it was preposterous to argue that Dr Scott did not qualify to hold office as Republican Vice-President because his parents may not be Zambian by birth.
Malila was commenting on George Kunda's statement on Radio Phonenix's Let the People Talk programme on Tuesday when he questioned Dr Scott's eligibility for the position of Vice-President.
But Malila stated: "Article 45 of the Constitution which sets out the qualifications of the Vice-President are very clear and do not require one to be a constitutional law expert to understand them. The qualifications for a Presidential candidate as detailed in Article 34(3) which include the parentage clause do not apply to a Vice-President," he stated.
"In the event that there is a vacancy in the office of the President, in terms of Article 39 of the Constitution, the Vice-President could act as President even if he may not meet the qualification for election to the office of President. What he cannot do is to stand for election as President."
He stated that it was unfortunate and highly disconcerting that a misinterpretation of elementary provisions in the Constitution could be attributed to someone who was once held in high esteem by the legal profession in the country.
Malila stated that politicians would do well to avoid making pedestrian legal arguments that might alarm the public that there could be a constitutional crisis when none existed.
Kunda, the former Republican vice-president and Muchinga member of parliament, said the MMD would summon its legal committee to ascertain if Vice-President Scott whose parents were not Zambian by birth or descent was eligible to occupy that position.
But President Michael Sata dismissed Kunda's argument.
"Tell George Kunda, we are waiting for him. We will sort him out. He is the dullest lawyer in central Africa; we shall sort him out," said President Sata on arrival from South Africa on Monday where he had gone to attend the ANC's 100th anniversary.
And Sishuwa has urged Kunda to activate and employ his historical consciousness after failing to rightly advise former president Rupiah Banda that he was not qualified to contest for presidency under the current Zambian laws.
Banda contested the 2008 presidential by-election and the 2011 general election despite not meeting the constitutional requirement that states that a presidential candidate's parents must be Zambian by birth or descent.
Commenting on former Republican vice-president Kunda's statement on Radio Phonenix's Let the People Talk programme on Tuesday that the MMD will summon its legal committee to ascertain if the current Vice-President, whose parents are not Zambian by birth or descent, is qualified to occupy that office, act as Republican president in the absence of President Michael Sata, and stand for president in future, Sishuwa said Vice-President Scott was duly appointed for the position.
In a statement made available to The Post, Sishuwa, who is also a doctoral student of Modern History at Oxford University, took a swipe at the former Law Association of Zambia president and questioned his understanding of the law.
"Now, when someone like George Kunda - a lawyer and a State Counsel for that matter, current MMD chairperson for legal Affairs, former Attorney General, former Minister of Justice and former Republican vice-president - stands on a platform and declares not only his failure to read, understand and interpret the law, but also his absolute ignorance of important constitutional provisions, all of us should get very concerned," he said.
"Article 45(2) of the current constitution states: ‘The Vice-President shall be appointed by the President from amongst the members of the National Assembly.' Where is the parentage or nationality issue here? Clearly, President Sata followed the law correctly when appointing Scott to the position of Vice-President."
Sishuwa noted that according to this clause, the only qualification that is required of any candidate earmarked for appointment to the position of Vice-President is that she or he should be a member of the National Assembly, a requirement that Scott fulfils only too well.
"If Scott was not a member of parliament, Sata could have nominated him to parliament first to ensure that he qualifies or meets this constitutional provision," he said.
Sishuwa further observed that just like it was the prerogative of the President to appoint anyone to the position of Vice-President, the Head of State also has the discretion to appoint anyone of his choice, besides the Vice-President, to act as President when he is outside the country, provided the constitutional requirements stipulated in Article 39(1) of the current Constitution are satisfied.
"Article 39(1) of the Constitution states: 'Whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause, he may by direction in writing, authorise the Vice-President, or where the Vice-President is absent from Zambia or is incapable of discharging the functions of President, any other person, to discharge such functions of the office of President as he may specify, and the Vice-President or such other person may discharge those functions until his authority is revoked by the President'," he said.
Sishuwa argued that the key word in the above clause is incapable.
"When is the Vice-President considered incapable to discharge the functions of President? Is it when he or she says so or when the President deems it as such? If the Vice-President says to the President: ‘Your Excellency, although I am in the country, I am not able to act as President in your absence because of other commitments and so, please appoint someone else,' does that qualify as incapacity?" he asked.
"Clearly, there is a lacuna in our law here with regard to the definition of incapacity to act and I hope those who are working on the new constitution will take note."
He argued that Vice-President Scott qualifies to act as President under the current arrangement.
"In fact, though Scott does not qualify to stand for President, he qualifies to act as President under this article, just like any other person including George himself if Sata appointed him. An acting president is not elected or sworn in. He or she is appointed by the President or, in the case of incapacity or death of the president while in office, by cabinet," he said.
"President Sata is actually free and constitutionally entitled to appoint Scott as acting president in his absence. We should note that in our current political system where the vice-president is not elected by the people as a running mate to the president and with distinct duties independent of those of the office of the President, a vice-president is simply an elevated cabinet minister. In other words, the functions of that office can be carried out by any cabinet minister, provided the President entrusted them with such powers. Nonetheless, perhaps conscious of Scott's parentage - which, as I have said, does not disqualify him from acting as president - and of minds like those of Kunda, Sata opted to pick Minister of Finance Alexander Chikwanda to act in his absence. What is there to investigate or take to the High Court since Scott has never acted as President in the first place? And has Scott told Kunda that he is intending to stand for president under the current constitution anytime soon?"
Sishuwa urged Kunda to start addressing himself to his former boss, Rupiah Banda's perjury case.
"It is a well-known fact that at least one of Rupiah's parents originated from Malawi, yet Kunda, who served as Minister of Justice under the Levy Mwanawasa administration and later combined that position with that of Republican vice-president under Banda, failed to advise the latter that he was not qualified to stand for the office of president in 2008 and 2011."
Labels: GEORGE KUNDA, GUY SCOTT, MUMBA MALILA, VICE PRESIDENCY
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Malila ready to defend Scott's appointment
By Masuzyo Chakwe and Bright Mukwasa
Thu 12 Jan. 2012, 13:59 CAT
ATTORNEY General Mumba Malila says his office is ready to receive and tenaciously defend any court process against the appointment of Dr Guy Scott as Republican Vice-President.
And political analyst Sishuwa Sishuwa has questioned the sincerity of George Kunda over his intentions to drag Republican Vice-President Guy Scott to court over his eligibility to occupy that office.
In a statement yesterday, Malila stated that it was preposterous to argue that Dr Scott did not qualify to hold office as Republican Vice-President because his parents may not be Zambian by birth.
Malila was commenting on George Kunda's statement on Radio Phoenix's Let the People Talk programme on Tuesday when he questioned Dr Scott's eligibility for the position of Vice-President.
But Malila stated: "Article 45 of the Constitution which sets out the qualifications of the Vice-President are very clear and do not require one to be a constitutional law expert to understand them. The qualifications for a Presidential candidate as detailed in Article 34(3) which include the parentage clause do not apply to a Vice-President," he stated.
"In the event that there is a vacancy in the office of the President, in terms of Article 39 of the Constitution, the Vice-President could act as President even if he may not meet the qualification for election to the office of President. What he cannot do is to stand for election as President."
He stated that it was unfortunate and highly disconcerting that a misinterpretation of elementary provisions in the Constitution could be attributed to someone who was once held in high esteem by the legal profession in the country.
Malila stated that politicians would do well to avoid making pedestrian legal arguments that might alarm the public that there could be a constitutional crisis when none existed.
Kunda, the former Republican vice-president and Muchinga member of parliament, said the MMD would summon its legal committee to ascertain if Vice-President Scott whose parents were not Zambian by birth or descent was eligible to occupy that position.
But President Michael Sata dismissed Kunda's argument.
"Tell George Kunda, we are waiting for him. We will sort him out. He is the dullest lawyer in central Africa; we shall sort him out," said President Sata on arrival from South Africa on Monday where he had gone to attend the ANC's 100th anniversary.
And Sishuwa has urged Kunda to activate and employ his historical consciousness after failing to rightly advise former president Rupiah Banda that he was not qualified to contest for presidency under the current Zambian laws.
Banda contested the 2008 presidential by-election and the 2011 general election despite not meeting the constitutional requirement that states that a presidential candidate's parents must be Zambian by birth or descent.
Commenting on former Republican vice-president Kunda's statement on Radio Phonenix's Let the People Talk programme on Tuesday that the MMD will summon its legal committee to ascertain if the current Vice-President, whose parents are not Zambian by birth or descent, is qualified to occupy that office, act as Republican president in the absence of President Michael Sata, and stand for president in future, Sishuwa said Vice-President Scott was duly appointed for the position.
In a statement made available to The Post, Sishuwa, who is also a doctoral student of Modern History at Oxford University, took a swipe at the former Law Association of Zambia president and questioned his understanding of the law.
"Now, when someone like George Kunda - a lawyer and a State Counsel for that matter, current MMD chairperson for legal Affairs, former Attorney General, former Minister of Justice and former Republican vice-president - stands on a platform and declares not only his failure to read, understand and interpret the law, but also his absolute ignorance of important constitutional provisions, all of us should get very concerned," he said.
"Article 45(2) of the current constitution states: ‘The Vice-President shall be appointed by the President from amongst the members of the National Assembly.' Where is the parentage or nationality issue here? Clearly, President Sata followed the law correctly when appointing Scott to the position of Vice-President."
Sishuwa noted that according to this clause, the only qualification that is required of any candidate earmarked for appointment to the position of Vice-President is that she or he should be a member of the National Assembly, a requirement that Scott fulfils only too well.
"If Scott was not a member of parliament, Sata could have nominated him to parliament first to ensure that he qualifies or meets this constitutional provision," he said.
Sishuwa further observed that just like it was the prerogative of the President to appoint anyone to the position of Vice-President, the Head of State also has the discretion to appoint anyone of his choice, besides the Vice-President, to act as President when he is outside the country, provided the constitutional requirements stipulated in Article 39(1) of the current Constitution are satisfied.
"Article 39(1) of the Constitution states: 'Whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause, he may by direction in writing, authorise the Vice-President, or where the Vice-President is absent from Zambia or is incapable of discharging the functions of President, any other person, to discharge such functions of the office of President as he may specify, and the Vice-President or such other person may discharge those functions until his authority is revoked by the President'," he said.
Sishuwa argued that the key word in the above clause is incapable.
"When is the Vice-President considered incapable to discharge the functions of President? Is it when he or she says so or when the President deems it as such? If the Vice-President says to the President: ‘Your Excellency, although I am in the country, I am not able to act as President in your absence because of other commitments and so, please appoint someone else,' does that qualify as incapacity?" he asked.
"Clearly, there is a lacuna in our law here with regard to the definition of incapacity to act and I hope those who are working on the new constitution will take note."
He argued that Vice-President Scott qualifies to act as President under the current arrangement.
"In fact, though Scott does not qualify to stand for President, he qualifies to act as President under this article, just like any other person including George himself if Sata appointed him. An acting president is not elected or sworn in. He or she is appointed by the President or, in the case of incapacity or death of the president while in office, by cabinet," he said.
"President Sata is actually free and constitutionally entitled to appoint Scott as acting president in his absence. We should note that in our current political system where the vice-president is not elected by the people as a running mate to the president and with distinct duties independent of those of the office of the President, a vice-president is simply an elevated cabinet minister. In other words, the functions of that office can be carried out by any cabinet minister, provided the President entrusted them with such powers. Nonetheless, perhaps conscious of Scott's parentage - which, as I have said, does not disqualify him from acting as president - and of minds like those of Kunda, Sata opted to pick Minister of Finance Alexander Chikwanda to act in his absence. What is there to investigate or take to the High Court since Scott has never acted as President in the first place? And has Scott told Kunda that he is intending to stand for president under the current constitution anytime soon?"
Sishuwa urged Kunda to start addressing himself to his former boss, Rupiah Banda's perjury case.
"It is a well-known fact that at least one of Rupiah's parents originated from Malawi, yet Kunda, who served as Minister of Justice under the Levy Mwanawasa administration and later combined that position with that of Republican vice-president under Banda, failed to advise the latter that he was not qualified to stand for the office of president in 2008 and 2011."
Labels: GEORGE KUNDA, GUY SCOTT, MICHAEL SATA, MUMBA MALILA
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Sata wants action against plunder
By Chibaula Silwamba and Speedwel Mupuchi
Fri 30 Dec. 2011, 14:00 CAT
PRESIDENT Michael Sata says Director of Public Prosecutions (DPP) Mutembo Nchito, Attorney General Mumba Malila and Solicitor General Musa Mwenye are a "deadly and formidable team" to fight corruption and dispense justice.
And President Sata urged new Governor of the Bank of Zambia Dr Michael Gondwe, to work at strengthening the Kwacha.
Speaking at State House in Lusaka yesterday when he swore in former Law Association of Zambia president Mwenye as new Solicitor General, President Sata said there was a lot of money buried by former leaders in the previous regime.
"Mr Mwenye, congratulations. You are one of very few people who would abandon a position of president of the Law Association of Zambia, to come and join the public service. I would like you to hunt for your friend, Mutembo Nchito so that he can take oath and you start functioning. This is the first time we have a deadly and formidable team, Attorney General (Malila), Solicitor General (Mwenye) and DPP (Mutembo)," President Sata said.
"So, please look for Mutembo Nchito. We have to come to work because if they are burying money underground and there is plenty of money and vehicles…the plunder in the last three years was worse, it deprived a lot of people of what they are supposed to do. So I want you to move and assist Zambians."
He urged the trio to ensure that they revamp the legal aid system.
President Sata, who spent over one month in jail on a non-bailable charge of theft of motor vehicle that was later dropped during the late Levy Mwanawasa's administration, said many prisoners had no legal representation.
"I was in prison for 40 days and the majority of people in prison are poor people. Poor people have no representation. Let us revamp the legal aid system and let us also create a new office of district attorney so that people can be properly prosecuted," President Sata said.
"The Legal Aid, look at the conditions of service and come to us. The 40 days I stayed in prison, poor people don't even know what legal representation is. I stayed 40 days because I had a very effective legal representation; I even managed to get bail on a matter which they said there is no bail. My lawyers went around and got a constitutional bail."
President Sata also swore Dr Mwaba Patricia Kasese-Bota to be Zambia's permanent representative to the United Nations in New York, former UPND vice-president Francis Simenda (ambassador to Ethiopia and African Union, Wendy Sinkala (High Commissioner to Namibia), Lt Col Bizwayo Nkunika (who has been transferred from South Africa to the United Kingdom in the same capacity as High Commissioner), Muyeba Shichapwa Chikonde (High Commissioner to South Africa), Mwelwa Chibesakunda (ambassador to Japan), former deputy secretary to the Cabinet Robert Mataka (High Commissioner to Botswana) and Frederick Hapunda (ambassador to Russia).
President Sata urged the eight diplomats to market Zambia and bring business to the country.
"It has taken so long for us to get agreements with the countries where you are going to because some of your relatives whom we appointed in foreign service like Nevers Mumba recently-recalled High Commissioner to Canada, they left stinking names at those missions and you find that those countries are taking so long to try and clear you, making the Ministry of Foreign Affairs look like they are not efficient," President Sata said.
"Go there and see how many Zambians are in that place you will be operating from. Go and build the name of Zambia. Go and bring business to Zambia, don't go and bring business in your pockets."
In apparent reference to Mumba, President Sata wondered how a former envoy could be living in an expensive and luxurious hotel on return.
"Can you imagine a former high commissioner staying in Intercontinental Hotel from his own pocket?" President Sata said.
"Some of you have been there before. We need to work extremely hard; we need to bring back the glory which we have lost. Zambia provided leadership in the past but we are not doing it anymore because of selfishness."
President Sata said he was not looking at one's tribes when appointing people to decision-making positions like diplomats but an individual's contribution to the nation.
President Sata told Dr Gondwe, after he was sworn in, to work with finance minister Alexander Chikwanda and others to ensure that Zambians benefit from all exports.
"Why should we export our goods and not knowing how much they are worth? People get our emeralds in pockets and go and fetch millions of millions of dollars in India. Work with the minister of finance and bring back the statutory instrument that any cent which is exported from Zambia, the Zambian people must benefit from what is coming from their own soil," President Sata said.
"God was not silly by giving us all the precious stones. If God was silly He could have given the Japanese precious stones but He gave to us. So, we must benefit. We know you are a very hard working person. Let us work as a team and bring back the economy. At the moment, aren't we ashamed as Zambians that our currency is (one of) the weakest in the world? Go there and strengthen it."
At the same ceremony, President Sata swore in permanent secretaries Charles Kapembwa Sipanje (Muchinga Province) and Hlobotha Nkunika (Eastern Province).
"You are not going as kings but as servants of the people. Go and serve the people and you must be loyal to your ministers. I have seen in certain provinces where permanent secretaries are more superior than the ministers," President Sata said.
The President announced that he had two more districts - Vubwi, previously part of Chadiza District in Eastern Province and Lunga, previously part of Samfya district in Luapula Province.
He said the creation of the new districts was meant to ease the administration of the regions.
This brings the number of districts to about 75.
"When people have no representation, they even come with all sorts of things like self-determination or autonomy and when you ask them, ‘how are you going to manage your autonomy?' they start laughing," said President Sata.
And Kasese-Bota, a medical doctor and gender activist, commended President Sata for appointing more women into key decision-making positions.
"I feel very excited that I am a second woman after Gwendoline Konie to be Zambia's permanent representative to the UN," said Dr Kasese-Bota. "I am happy that the President is very gender sensitive. This is a plus in terms of gender equity."
Foreign affairs minister Chishimba Kambwili said the appointment of people from various backgrounds and tribes into diplomatic posts had vindicated the PF and President Sata that it would not appoint cadres into such positions.
"We told you that we are going to appoint people who have requisite qualifications into the diplomatic service. I want to challenge all of you in the media to point at any of those people appointed as ambassador or high commissioner, who is a political cadre," Kambwili said.
"Some people have accused us that we are only appointing cadres and people of Bemba inclination but you can see from the balancing of the high commissioners and ambassadors that we mean well and we shall continue to do that and we want to create a career diplomacy that will bring economic development to Zambia and not to appoint cadres without qualifications."
Labels: CORRUPTION, EMERALDS, MICHAEL SATA, MUMBA MALILA, MUSA MWENYE, MUTEMBO NCHITO
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MMD bought vehicles using public funds, says Malila
By Maluba Jere
Wed 23 Nov. 2011, 13:59 CAT
ATTORNEY General Mumba Malila says police seized over 80 MMD vehicles because they were procured using public funds.
In an answer to a petition by the MMD who are challenging the seizure of 101 vehicles by the police, Attorney General Malila said the only vehicles that were in the custody of the police and those about to be taken into custody were those procured using public funds.
He said the police's seizure of the motor vehicles, in issue, was legally justified and supported by the unambiguous Constitution of Zambia.
Malila stated that police have instituted investigations to establish among other things, into the alleged use of public funds or the acquisition by the MMD of about 176 motor vehicles which include all those listed in the petition.
"The respondent further avers that the Zambia Police Force has so far taken custody of 84 motor vehicles into custody for investigations and that apart from the MMD that is claiming ownership of the vehicles in issue, a named company and some individuals from whom the vehicles have been recovered are also claiming ownership," said Malila.
"Consequently, true ownership of the motor vehicles is yet to be established."
He also said the MMD would be put to strict proof of the claim that the petitioner is the owner of the vehicles as claimed in the statement of claim.
Malila further stated that investigations carried out so far had revealed that the vehicles in question were imported, cleared and registered under very unclear circumstances.
He said there was reason for the investigators to suspect that duty was not paid on the vehicles in issue.
"...That it is necessary and legally justified for the Zambia Police Force to continue keeping the vehicles in its custody until the on-going investigations mentioned are concluded," said Malila. "The respondent denies that the vehicles were in danger of being vandalised as alleged."
He further stated that it was not clear who the petitioner was between Major Richard Kachingwe and the MMD.
He added that the state was not aware of the petitioner's claim that MMD members' homes were being subjected to illegal searches saying the petitioner would be put to strict test to prove that allegation.
In this case, the MMD through its national secretary Major Richard Kachingwe has lamented that its 101 vehicles have been indiscriminately targeted by Patriotic Front (PF) members and the Zambia Police Force.
This is according to a petition filed in the Lusaka High Court by Maj Kachingwe.
Maj Kachingwe has alleged that private resources and donations to the party were used to purchase the seized vehicles.
He accused the police of having objected to release the vehicles.
Maj Kachingwe claimed that the police had no legal cause to continue keeping the vehicles in question.
He also stated that he had not been informed of the charges pertaining to the seized vehicles.
Maj Kachingwe added that the homes and offices of MMD members and officials have been subjected to illegal search contrary to article 17 of the constitution.
Lusaka High Court judge Annie Sitali has since set February 20, 2012 as the date for commencement of trial in the matter.
Labels: CORRUPTION, MMD, MUMBA MALILA
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MMD bought vehicles using public funds, says Malila
By Maluba Jere
Wed 23 Nov. 2011, 13:59 CAT
ATTORNEY General Mumba Malila says police seized over 80 MMD vehicles because they were procured using public funds.
In an answer to a petition by the MMD who are challenging the seizure of 101 vehicles by the police, Attorney General Malila said the only vehicles that were in the custody of the police and those about to be taken into custody were those procured using public funds.
He said the police's seizure of the motor vehicles, in issue, was legally justified and supported by the unambiguous Constitution of Zambia.
Malila stated that police have instituted investigations to establish among other things, into the alleged use of public funds or the acquisition by the MMD of about 176 motor vehicles which include all those listed in the petition.
"The respondent further avers that the Zambia Police Force has so far taken custody of 84 motor vehicles into custody for investigations and that apart from the MMD that is claiming ownership of the vehicles in issue, a named company and some individuals from whom the vehicles have been recovered are also claiming ownership," said Malila.
"Consequently, true ownership of the motor vehicles is yet to be established."
He also said the MMD would be put to strict proof of the claim that the petitioner is the owner of the vehicles as claimed in the statement of claim.
Malila further stated that investigations carried out so far had revealed that the vehicles in question were imported, cleared and registered under very unclear circumstances.
He said there was reason for the investigators to suspect that duty was not paid on the vehicles in issue.
"...That it is necessary and legally justified for the Zambia Police Force to continue keeping the vehicles in its custody until the on-going investigations mentioned are concluded," said Malila. "The respondent denies that the vehicles were in danger of being vandalised as alleged."
He further stated that it was not clear who the petitioner was between Major Richard Kachingwe and the MMD.
He added that the state was not aware of the petitioner's claim that MMD members' homes were being subjected to illegal searches saying the petitioner would be put to strict test to prove that allegation.
In this case, the MMD through its national secretary Major Richard Kachingwe has lamented that its 101 vehicles have been indiscriminately targeted by Patriotic Front (PF) members and the Zambia Police Force.
This is according to a petition filed in the Lusaka High Court by Maj Kachingwe.
Maj Kachingwe has alleged that private resources and donations to the party were used to purchase the seized vehicles.
He accused the police of having objected to release the vehicles.
Maj Kachingwe claimed that the police had no legal cause to continue keeping the vehicles in question.
He also stated that he had not been informed of the charges pertaining to the seized vehicles.
Maj Kachingwe added that the homes and offices of MMD members and officials have been subjected to illegal search contrary to article 17 of the constitution.
Lusaka High Court judge Annie Sitali has since set February 20, 2012 as the date for commencement of trial in the matter.
Labels: MMD, MUMBA MALILA
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Sata directs new Attorney-General to establish the legality of online papers and disolves ZNBS board
TIME PUBLISHED - Saturday, November 12, 2011, 11:32 am
President Sata has directed newly appointed Attorney-General Mumba Malila to investigate the legality of the many small newspapers and on-line publications operating in Zambia that are bent at spreading falsehoods about him and the Government.
Speaking when he swore in Mr Malila and Ms Rosewin Wandi as Attorney-General and Anti-Corruption Commission (ACC) director general at State House, respectively President Sata said there was too much corruption at ZNBS which needed to be addressed.
“Two of you have been once victims of witch- hunt, you have come back because you deserve to be what you are. There is too much corruption at ZNBS. ZNBS is not doing business and I can not see how the board can appoint a woman and pay her K56 million, now K56 million per month by an organisation which is not making money! “ This is the same organisation where somebody irregularly pumped U$98 million. I have with immediate effect dissolved the board of ZNBS and I have appointed a commission which will be headed by Mr Mwila Lumbwe,” President Sata said.
He said the commission would also have representation from the ACC and the Drug Enforcement Commission (DEC) and other members. On the mushroomed internet and newspaperpublications, Mr Sata tasked Mr Malila to authenticate the legality of such publications in line with the law which required that they are registered. “Last year when we were preparing for elections, these so called unregistered internet (publications) and newspapers said Mr Sata had collapsed, Mr Sata is very sick, Mr Sata has died and yesterday the whole Eastern Province (was made to believe) that Mr Sata was dead.
There is too much corruption at ZNBS. ZNBS is not doing business and I can not see how the board can appoint a woman and pay her K56 million, now K56 million per month by an organisation which is not making money! “
“So, I am not asking for a witch- hunt, but you as Attorney-General, let us enforce the laws of this country because all these internets are all orchestrated by the UPND,” Mr Sata said. The President said that last year theon-line publication, Watchdog, which he said was UPND peddled lies that he was dead, he was too sick, when in fact not.
“It is all UPND and I am not going to start a witch-hunt and as they are saying now, yesterday I was dead, today I am standing here, maybe I have so many lives because even before elections I was dead, in 2009 our brothers got some fake doctor who told them Mr Sata would die before 2009 and came into a pact, come 2009, I did not die, come 2010, I did not die.
“They pull out of the pact and now they are still peddling lies, what type of politicians are these that want to survive on other people’s blood? He urged Mr Malila to re-enforce the law and assist the police and all investigative agencies in that regard.
President Sata also noted that his administration would not rush into taking people to court without gathering enough evidence to warrant convictions. “Only when we are ready shall we take people for prosecution, we don’t want to rush. You remember Mr Malila and Ms Wandi, the so-called Task Force, people were going to court for seven years, and the so-called prosecutors were getting K100 million per month for three convictions.
“Only when we are ready shall we take people for prosecution, we don’t want to rush. You remember Mr Malila and Ms Wandi, the so-called Task Force, people were going to court for seven years, and the so-called prosecutors were getting K100 million per month for three convictions.
“Three convictions for seven years, I think these are things we need to improve, let us only go to court when we are ready, to say we have a case to go and present to the courts, let us not use courts or use the police for politics,” Mr Sata said.
He noted that there was so much injustice in Zambia and wondered how a person sent on forced leave for more than three years could continue drawing a salary.
“Who is cheating who? If you send a person on leave, and then you continue paying them a Permanent Secretary’s salary, they are still getting all the benefits? In my opinion this is corruption,” Mr Sata noted.
He congratulated Mr Malila for bouncing back as Attorney-General and Ms Wandi on her new appointment as ACC boss. Mr Sata said he had trust that the two appointees would discharge their duties diligently and urged them to show Zambians that they were better than those that were there. The President also took a swipe at Secretary to Cabinet Joshua Kanganja and his team for keeping him waiting at the office.
“I don’t believe in the Secretary to Cabinet because he is always misleading me. I was here waiting for the Secretary to the Cabinet, he is taking his time with his staff and I had to go back to my office. This is the Government you are running,” Mr Sata said.
And Mr Malila welcomed his appointment and stressed that he understood the challenges that lay ahead in the job but that he was equal to the task. “We shall review areas of bad administration, let me also state here that onlinepublications and newspapers are supposed to be registered and so we shall countercheck the many on the market to see if they followed the law,” Mr Malila said.
“We shall review areas of bad administration, let me also state here that online publications and newspapers are supposed to be registered and so we shall countercheck the many on the market to see if they followed the law,” Mr Malila said.
Ms Wandi said she felt honoured and humbled with the confidence President Sata had placed in her and as such she would not let the nation down. Earlier, the President also hailed the cordial ties that Zambia had continued enjoying with Sweden and hoped the two countries would solidify such ties. He said this when he received letters of credence from the new Swedish ambassador to Zambia Lena Nordstrom.
Ms Nordstrom reiterated her country’s continued support to Zambia’s various sectors of the economy and the fight against HIV/AIDS programmes. She congratulated President Sata on his election as head of state and commended the peaceful transition of power process.
[Times of Zambia]
Labels: ACC, CORRUPTION, INTERNET, MICHAEL SATA, MUMBA MALILA, ROSEWIN WANDI, THE POST, ZNBS
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Sata accuses UPND of lies against him
By Bright Mukwasa
Sat 12 Nov. 2011, 12:10 CAT
PRESIDENT Michael Sata says he is surprised that the opposition UPND always wants to survive on his blood. And President Sata has dissolved the Zambia National Building Society board with immediate effect and appointed a commission of inquiry to investigate alleged impropriety in the institution.
President Sata made the remarks yesterday at State House when he swore in prominent Lusaka lawyer Mumba Malila as Attorney General and Rosewin Wandi as director general of the Anti-Corruption Commission.
He directed Malila to scrutinise the mushrooming of various publications which he accused of peddling lies against him and his health.
"Last year when we were coming for these elections up to this year, these unregistered newspapers, unregistered Internet said Mr Sata has collapsed, Mr Sata is very sick, Mr Sata is dying and yesterday the whole Eastern Province and Kamwala Mr Sata was dead. I am not asking for witchhunt but you as Attorney General let's enforce the laws of this country because these Internet they are all orchestrated by UPND. Last year…, the Watchdog is UPND. Who is talking Sata has collapsed, Sata has died, Sata is too sick, it's UPND," President Sata said.
"I am not going to start a witchhunt and as they are saying now, yesterday I was dead, today I am standing here. I think I have got so many lives, even before the elections I was dead, come to the elections I am standing here. And this Mr. Malila reminds you in 2009, our brothers got some fake doctor who told them Mr Sata would die before 2009 so they came into a pact, come 2009 I didn't die, 2010 they pull out of the pact and now they are still peddling. What type of politicians who always want to survive on other people's blood?"
President Sata also said the government would only go to court on various offences when it was certain it had a solid reason to do so to avoid injustice and using the courts for politics.
"How do you send a person on forced leave for more than three years at the same time continue paying that person who is on forced leave, continue paying the permanent secretary salary, he is still getting all the benefits? In my opinion that is corruption. You send a person on forced leave and continue paying them, who is cheating who?" he asked.
"And you remember Mr Malila and Madam Wandi the so-called Task Force for seven years, people were going to court, seven years and the so called prosecutors were getting K100 million a month for three convictions, three convictions for seven years these are things which we have to improve on. Let's go to court only when we are ready to say we have a case to go and present to the courts. Let's not use courts, or use the police for politics but I congratulate you and I know you are going to do well."
President Sata said he did not believe in victimisation and the duo deserved the appointments and he was sure they would do a good job.
And President Sata dissolved the ZNBS board citing corruption.
"Zambia National Building Society is not doing any business. I can't see how the board can appoint a woman and give her K56 million a month. Now K56 million for a month for an organisation which is not making money and that's an organisation where somebody irregularly pumped US$98 million," he said.
"I have with immediate effect dissolved the board of Zambia National Building Society and appointed a commission which will be headed by Mr Mwila Lumbwe. Members will be Mr Nonde of Ernest and Young, Mr Jere, we will have one person from Anti-Corruption Commission and one person from DEC and I want Mr Secretary to the Cabinet to arrange for their swearing in so they can begin their function."
Meanwhile, Attorney General Malila said he was ready for the challenge again.
"I'm getting back to the office already with my sleeves folded. There's work to be done and we are ready to start. It's a big challenge but I think we are equal to the challenge," Malila said.
Malila's contract could not be renewed by former president Rupiah Banda when it expired on December 1, 2009.
"He President Sata spoke very passionately about enforcing the law and so what we can do obviously is review areas where we think the law is being disregarded and take action through appropriate agencies. Of course there's requirement for registration of all publications in whatever form. I think the President's concern is that there are so many of them that are appearing on the market without proper registration," he said.
"What we shall do that's a directive we shall go and sit down and look at the various publications that are on the market and see whether they are complying with the law."
And ACC director general Wandi said she would ensure the commission fought corruption with vigour.
"I feel happy to take up the challenge to effectively fight corruption in Zambia. I will not betray that confidence that has been placed upon me. I will conduct the affairs of the commission within the confines of the law and if we do any investigations, they will be done without fear or favour whoever commits the offence."
Foreign affairs minister Chishimba Kambwili said the appointment of Attorney General Malila and ACC director general Wandi was a manifestation that President Sata was not vindictive as claimed by MMD.
Labels: ATTORNEY GENERAL, MICHAEL SATA, MUMBA MALILA, ROSEWIN WANDI, UPND, ZNBS
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