(LUSAKATIMES) Foreigners should not own land except through leasing from Zambian citizens, suggests experts groups
Time Posted: April 5, 2013 8:21 am
National organisations, institutions and interest groups have submitted to the
Sector Group Convention that
foreigners should not own land except through leasing from Zambian citizens for the purpose of investment.
And the Sector Group on Land, Environment and Natural Resources struggled to scrutinize comments from organizations and interest groups especially on land which has attracted overwhelming comments and submissions from stakeholders.
The Sector Group on Land, Environment and Natural Resources, which is being chaired by Lennette Kambole Chiti, an Environmental lawyer, spent the whole morning and part of the afternoon session without making clear resolutions especially on land alienation and ownership.
Comments from various institutions and organizations have largely suggested differently on how land should be alienated and managed which led to the house of experts and professionals misunderstand each other as they had two documents, the First Draft Constitution and the copies of comments from organizations, in their hand to refer to before making their resolutions.
The confusion arose as to whom between the President, Chiefs and the Lands Commission Board should alienate land.
Others agreed with the Article (1) which states that Land in Zambia is vested in the President and held by the President in trust for, and on behalf of, the people of Zambia while others wanted it amended to compel the President to consult the chief, Lands Commission Board and the citizens before alienating land.
For instance, Jubilee Zambia submitted that the clause be amended to provide for the vesting of land in the people of Zambia and not in the President while the Cabinet Office noted that the clause should be amended to provide the Lands Commission to have authority to alienate and administer all land on behalf of the President.
These varying submissions sparked debate among delegates.
Chairperson of the group admitted that the process was a tedious one but urged the experts to endure as they are called to provide solutions to issue that affect the public.
Convention coordinator, Reuben Lifuka, provided guidance after he discovered that the group of experts were spending more time to draft and correct wording in the articles instead of addressing what was required of them according to the terms of reference.
Mr Lifuka advised the group to provide a framework which the Technical Committee would use to draft the Final Draft Constitution and not concentrate on responding to comments from various organizations on the articles.
He said the comments should be quickly gone through and see if they are responding to what the FDC had provided, adding that doing so should be in response to what the terms of reference are requesting them to do.
After the guidance, the group proceeded and began to move at a considerable speed which, if maintained would allow them to conclude their tasks on schedule today.
ZANIS
Labels: LAND RIGHTS, REUBEN LIFUKA
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Zambia improves score on CPI
By Moses Kuwema
Thu 06 Dec. 2012, 12:10 CAT
ZAMBIA has improved its score on Transparency International Corru-ption Perception Index (CPI) to 3.7 from last year's 3.2. During the official launch of TI Corruption Perception Index 2012 at TIZ offices yesterday, immediate-past chapter president Reuben Lifuka said the 2012 CPI had been calculated using an updated methodology presented on a scale of zero to 100.
Lifuka said previously, the score used to be from zero to 10 but that with the updated method, it was much easier to trace it back to the raw scores given in the data sources.
Zero means highly corrupt and 100 means very clean. The past score has been from a scale of zero (highly corrupt) to 10 (highly clean).
"A change in score from 2011 does not however reflect a change in perceptions of corruption between the CPI 2011 and CPI 2012. In the 2011 CPI, Zambia scored 3.2. This indicated that Zambia had gained 0.2 points of the 2010 CPI when the country scored 3.0. In the 2012 CPI, Zambia has scored 37 out of a possible 100," Lifuka said.
He said with this score, Zambia was in the 88th category with other countries being Malawi, Morocco, Suriname, Swaziland and Thailand.
He said the results of the CPI for Zambia should trigger constructive debate and engagement to unify all the various efforts and interventions to make the country corruption- free.
He said TIZ expected that the CPI would mark as a reference point in the fight against corruption by all stakeholders especially President Michael Sata and his administration.
Lifuka said it was imperative not to reduce the fight against corruption into mere political rhetoric.
"We should not reduce the fight against corruption to simple commemoration of events such as this one, but government and all interested stakeholders, should use the CPI results to reflect on the strengths and weaknesses of the fight against corruption in this country," he said.
Lifuka said while the country was making some progress on the CPI, it was hardly gratifying that the country had a score of less than 50.
He said there was urgent need for the government to enact the freedom or access to information law to significantly reduce the levels of corruption in the country.
"From the results of the 2012 CPI, one learning point for the low performers from the high performers is that the high performers have robust access to information systems. It seems there is a direct correlation between access to information and the levels of corruption or indeed perceived corruption. Where citizens cannot freely have access to information and how decisions that affect them are made, there is a high likelihood of corruption thriving and thus, the perceived levels of corruption will be high," he said.
And Lifuka said two thirds of the 176 countries ranked in the 2012 index scored below 50, on a scale from zero (perceived to be highly corrupt) to 100 (perceived to be very clean), showing that public institutions needed to be more transparent, and powerful officials more accountable.
He said underperformers in the 2012 CPI include the Eurozone countries mostly affected by the financial and economic crisis.
Lifuka said Denmark, Finland and New Zealand tie for first place with scores of 90 as a result of strong access to information systems and rules governing the behaviour of those in public positions.
He said Afghanistan, North Korea and Somalia were at the bottom of the index.
In Africa, Lifuka said 11 countries had performed much better than Zambia in the 2012 CPI and these include Botswana (65), Mauritius (57), Rwanda (53) Seychelles (52), Namibia (48), Lesotho (45), and Ghana (45). Others include South Africa (43), Liberia (41), Tunisia (41), and Burkina Faso (38).
He said last year, 10 countries performed better than Zambia in Africa.
Lifuka said Zambia on the other hand had performed better than other 35 African countries.
He named the countries with very low scores on the African continent as Angola (22), Democratic Republic of Congo and Libya (21), Equatorial Guinea and Zimbabwe (20) Burundi and Chad (19), Sudan (13) and Somalia (8).
The data on Zambia is from the following sources: African Development Bank Country Performance Ratings, Bertelsmann Transformation Index by the Bertelsmann Foundation, Country Risk Service and Country Forecast, Global Insight Country Risk Ratings, Political Risk Services International Country Risk Guide and World Bank - Country Performance and Institutional Assessment, World Economic Forum Executive Opinion Survey (EOS) 2010.
Labels: CORRUPTION, REUBEN LIFUKA
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Some companies shortlisted for supply of oil are corrupt - Lifuka
By Kabanda Chulu and Bright Mukwasa
Wed 11 Apr. 2012, 13:30 CAT
THE fight against corruption will become a mockery if government goes ahead to consider bids for the supply and delivery of fuel products from companies associated with unethical business practices, says Reuben Lifuka.
The Ministry of Mines, Energy and Water Development through the Zambia Public Procurement Authority (ZPPA) has shortlisted 13 companies for the supply and delivery of 216,920,000 litres of diesel and 21,230,000 litres of unleaded petrol.
"We expressed dissatisfaction with the last procurement process which was fraught with allegations of impropriety from senior government officials at the time. Oil supply contracts are usually large contracts which provide opportunities for bribery and kickbacks if necessary measures to run an open and transparent procurement of suppliers are not put in place," Lifuka said.
"We are aware that some of the companies which have been shortlisted, are associated with some individuals who government is pursuing for alleged corrupt activities. It will be a mockery of the whole corruption fight if government went ahead to consider bids from companies associated with unethical business practices. Government should in fact demand that all companies bidding for this contract demonstrate that they have strong anti-corruption measures in place to curb bribery, kick backs and all forms of corruption, in their entire supply chain."
He explained that Zambia was struggling with high pump prices for fuel and if not addressed, the bribery that occurs at the procurement stage was a cost that will eventually be passed on to the public.
"Government, in its desire to lower the fuel prices, can play a meaningful role by ensuring that all opportunities for corruption in the procurement process are eliminated. All companies with tarnished reputations should be blacklisted; this is a standard practice for whitewashing procurement systems in the world," said Lifuka.
"We are taking a keen interest in this procurement process and we have initiated a procurement watch process in order for us to provide necessary checks and balances for the benefit of the Zambian people. We are also doing everything possible, in our own small way, in conjunction with a number of sister chapters throughout the Transparency Movement, to do background checks on the companies that have been shortlisted. This is in an effort to ensure that only deserving companies get the government contract to supply oil to this country."
Labels: CORRUPTION, OIL, REUBEN LIFUKA, ZPPA
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Corrupt oil deals
By The Post
Wed 11 Apr. 2012, 13:30 CAT
WYNTER Kabimba, the chairman of the commission of inquiry into the Energy Regulation Board and oil procurement, yesterday disclosed that the government lost K2 trillion through corruption in the oil procurement process between 2007 and 2011. This is alarming! It is frightening! Imagine how many schools could have been built from this money! Imagine how many clinics could have been built from this amount of money! Imagine how many lives could have been saved by our doctors with this amount of money! Imagine how our road network would have been improved with this amount of money! Imagine how better equipped our police and other law enforcement agencies would have been with this type of money! The list is endless.
There are a lot of things we could have done with this amount of money. But greedy people, very selfish people misappropriated this money, stole this money.
Wynter says officers in the Ministry of Energy and Water Development, the Zambia Public Procurement Authority and the Energy Regulation Board were involved in this corruption. Wynter further revealed that some of the companies that were involved in this corruption have this year put in bids to supply the country with oil.
This is how callous they have become. Probably they think that everyone has a price and the new administrators of this country will also be put in their pockets. Probably they are also encouraged by the fact that the same people they were dealing with in the Ministry of Energy, at the Zambia Public Procurement Authority and the Energy Regulation Board are still there - they have not been moved, they have not been fired, they have not been arrested and are not being prosecuted.
So all is well and as it was before. Of course, a few people have changed - there is a new minister and a new permanent secretary. But the rest has remained much the same. And if things remain the same, more trillions of kwacha will continue to be lost in all procurement contracts.
These corrupt practices, as revealed by Wynter, have been going on for a long time - for over five years. But no one has been arrested. No one has been prosecuted. No one has been convicted and sent to jail. Why?
There is need for action - urgent action for that matter - on this front. The country cannot continue to lose such gigantic sums of money and hope to develop and be able to supply our people with the necessary services required in an organised community.
If the country continues to lose money in this way, Michael Sata's government will not be able to deliver on its promises to our people. This money is needed by government. And all those who were involved in this corruption, regardless of their social status, need to be brought to book, need to be made to account and give back to Caesar what belongs to Caesar.
And we agree with the observations made by Reuben Lifuka, president of Transparency International Zambia, that this government's fight against corruption will become a mockery if they went ahead to consider bids for the supply and delivery of oil products from companies associated with unethical business practices.
We cannot continue to give business to companies that are making this country lose such huge amounts of money through corruption. And moreover, as Michael used to repeatedly point out, Zambians are paying high fuel prices because of corruption. If corruption is stopped in the supply of oil, our fuel prices will certainly go down. And with it the prices of many things will reduce, improving the lives of our people, especially the poor, in so many ways.
This is where the biggest money is being stolen. And this is where the biggest fight against corruption should be initiated. The benefits have been gigantic to those involved in oil procurement corruption. So they will defend these huge benefits with everything they have. They will attempt to buy some weak souls so that they can continue to steal from the Zambian people.
It is clear that Michael wants this corruption to stop. But there is a limit to what this brother can directly do. He needs our help - the co-operation of every Zambian of goodwill - to fight this corruption. There is need for more action from Transparency International. We want them to continue talking. But they should combine their talk with action.
Michael has brought the fight against corruption in the open and is providing the opportunity for every Zambian of good will to join this fight. Let's not give excuses for failing to enlist in this crusade against corruption. Michael once remarked that "Lesa tapela kuminwe, apalamika fye". The fight against corruption has been brought to our door steps. Let's join it and fight without respite.
Of course, in every fight, leadership at all levels is needed. Michael is providing leadership at the political level. The Anti Corruption Commission and other law enforcement agencies need to provide efficient, effective and orderly leadership to the nation at the operational level.
The entire judicial process needs to be mobilised for this very important undertaking. If personnel need to be changed, let's change them. If money needs to be spent, let's spend it because any amount of money spent on fighting corruption will always be money well spent.
Corruption and other evils have to be fought regardless of the present case. It may appear that more money is being spent to fight corruption today than what is being recovered. The cost of fighting corruption cannot be measured in this way. This is so because today's expenditure on fighting corruption is not only about recovering what was stolen yesterday; it will have an impact, a positive bearing on tomorrow's corruption.
If we fight corruption well today and win, the benefits tomorrow will far outweigh whatever costs we may incur today because the benefits of living in an honest, transparent, just, fair and corruption free society endure for a very long time. Fight corruption today to save tomorrow's public funds!
Labels: CORRUPTION, MMD, OIL, PROCUREMENT SYSTEMS, REUBEN LIFUKA
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Some companies shortlisted for supply of oil are corrupt - Lifuka
By Kabanda Chulu and Bright Mukwasa
Wed 11 Apr. 2012, 13:30 CAT
THE fight against corruption will become a mockery if government goes ahead to consider bids for the supply and delivery of fuel products from companies associated with unethical business practices, says Reuben Lifuka.
The Ministry of Mines, Energy and Water Development through the Zambia Public Procurement Authority (ZPPA) has shortlisted 13 companies for the supply and delivery of 216,920,000 litres of diesel and 21,230,000 litres of unleaded petrol.
"We expressed dissatisfaction with the last procurement process which was fraught with allegations of impropriety from senior government officials at the time. Oil supply contracts are usually large contracts which provide opportunities for bribery and kickbacks if necessary measures to run an open and transparent procurement of suppliers are not put in place," Lifuka said.
"We are aware that some of the companies which have been shortlisted, are associated with some individuals who government is pursuing for alleged corrupt activities. It will be a mockery of the whole corruption fight if government went ahead to consider bids from companies associated with unethical business practices. Government should in fact demand that all companies bidding for this contract demonstrate that they have strong anti-corruption measures in place to curb bribery, kick backs and all forms of corruption, in their entire supply chain."
He explained that Zambia was struggling with high pump prices for fuel and if not addressed, the bribery that occurs at the procurement stage was a cost that will eventually be passed on to the public.
"Government, in its desire to lower the fuel prices, can play a meaningful role by ensuring that all opportunities for corruption in the procurement process are eliminated. All companies with tarnished reputations should be blacklisted; this is a standard practice for whitewashing procurement systems in the world," said Lifuka.
"We are taking a keen interest in this procurement process and we have initiated a procurement watch process in order for us to provide necessary checks and balances for the benefit of the Zambian people. We are also doing everything possible, in our own small way, in conjunction with a number of sister chapters throughout the Transparency Movement, to do background checks on the companies that have been shortlisted. This is in an effort to ensure that only deserving companies get the government contract to supply oil to this country."
Labels: CORRUPTION, REUBEN LIFUKA, ZPPA
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TIZ urges probe on blacklisted company's Itezhi-tezhi contract
By Kabanda Chulu and Bright Mukwasa
Tue 20 Mar. 2012, 11:59 CAT
TIZ has challenged the government to establish how a French company blacklisted by the World Bank for corruption got a contract to supply equipment worth K135 billion for the Itezhi-tezhi power project.
The World Bank has blacklisted and fined two subsidiaries of Alstom SA, a French engineering company, after the companies allegedly offered a K781 million bribe to an entity controlled by a former senior government official (not named) for consultancy services for a World Bank-financed power-rehabilitation project in Zambia in 2002.
The Alstom subsidiaries, Alstom Hydro France and Alstom Network Schweiz AG in Switzerland, will pay K50.1 billion in restitution and be blocked from bidding on World Bank contracts for up to three years.
Commenting on the matter yesterday, Transparency International Zambia (TIZ) president Reuben Lifuka said it was shocking that in 2011, the MMD government went ahead and awarded Alstom a contract to provide turbines and generators worth K135 billion for the 120-megawatt Itezhi-tezhi hydroelectric project.
"We wonder what sort of due diligence was done given the many investigations that this company and its subsidiaries are facing in a number of jurisdictions. It is absolutely necessary that a procurement audit of this particularly contract is conducted by government, with the involvement of all necessary law enforcement agencies, especially the Anti Corruption Commission. It is our expectation that the Zambian government, through the Zambia Public Procurement Authority, will equally blacklist this company from participating in any future contracts," Lifuka said.
"We further demand that the Zambian government through the Anti Corruption Commission should immediately commence investigation against the former senior government official who received the bribe that has landed Alstom in this situation of debarment. Clearly, the action of the World Bank is a good beginning but the Zambian authorities should play their role and bring this official to book."
He advised government to seize all proceeds of crime from the official in question in order as a deterrent to all public officers engaged in public procurements.
"It is time that as a country we do everything possible to bring to an end these criminal acts of corruption. The PF government should pursue all those that were involved in this case and bring them to book, regardless of their standing in society," Lifuka said.
"We also demand that the World Bank clearly stipulates how the K50.1 billion restitution fee will be administered specifically for the Zambian situation. It is our considered opinion that these funds should go towards compensating Zambia for the damage caused by this act of corruption by the two Alstom subsidiaries. It is evident that the bribery paid out is a cost that the Zambian government has had to pay in terms of the loans obtained for the Zambia Power Rehabilitation Project."
He further challenged the European Investment Bank (EIB) and the African Development Bank to equally apply the debarment measures against Alstom.
"We are aware that under the Zambia Power Rehabilitation Project, Alstom subsidiaries were involved in different aspects of the rehabilitation contracts for Victoria Falls Power Station, Kariba North Bank Power Station and Kafue Gorge Hydro Power Station and government obtained credit for this project from various funding entities, including the World Bank,EIB, AfDB and Development Bank of Southern Africa. So it makes sense that all these entities effect the blacklisting of the two Alstom subsidiaries for the same misconduct," said Lifuka.
Labels: CORRUPTION, REUBEN LIFUKA, TIZ, World Bank
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Cancel concession of Zambia Railways – TIZ
TIME PUBLISHED - Monday, February 6, 2012, 8:08 am
TRANSPARENCY International Zambia (TIZ) president Reuben Lifuka has alleged that the Zambia Railways concession was awarded in dubious circumstances and has proposed that the Patriotic Front government should consider cancelling the deal.
Mr Lifuka said it will not help to pretend that all is well with the Zambia Railways concession and the matter should be resolved.
“The PF government should seriously consider cancelling this concession and finding other ways of commercialising the railway sector,” Mr Lifuka said in statement released yesterday.
Recently, Government cancelled concessions and agreements on the operation and maintenance of Zambia Revenue Authority (ZRA) scanners at border posts and others related to operations of border points at Kasumbalesa and five other borders.
He said TIZ is aware that the railway concession has not proceeded as envisaged and “the company is now nothing but a cash cow for some people”.
Mr Lifuka challenged the Minister of Transport, Works, Supply and Communication to release the reports of the inspector of railways on the performance of the railway concession.
Mr Lifuka said his organisation welcomes the measures taken after the release of the ZRA commission report and prodded Government to thoroughly investigate the issues raised in the report and take legal or administrative action against all erring officers and public leaders.
He expressed disappointment that the Kasumbalesa concession was primarily an unsolicited bid for a project of high national security and importance.
“We find no justification why Government did not proceed to open up the tender to promote transparency in this particular transaction. The manner in which this bid was handled raises more questions than answers,” Mr Lifuka said.
He said it was worrying that Government gave the concessionaire a 14-year lease for 100 hectares of land at Kasumbalesa border and it is shocking that title deeds were issued to the concessionaire, in total contravention of the concession agreement.
Mr Lifuka said it is interesting that the border concession involved primarily one company which was using different names, as reported by the ZRA Commission of Inquiry.
The ZRA commission report revealed that the company used the name Baran for the dry ports and Kasumbalesa bids, and used Zambia (IP) Border Crossing Company Limited during the signing of the contract with Government for the Kasumbalesa concessions.
The company assumed another name – Zambia Kasumbalasa Venture Company during the commencement of operations.
The report says the company was called Zambia (IP) Border Crossing Company when bidding for the five borders but changed the name to Five Border Post Company at the time of signing the contract.
The name changed again to Five Border Post Group, after it took over the construction of Nakonde border post.
Mr Lifuka wondered why the people behind the projects found it necessary to keep changing names and why Government allowed itself to deal with a group of people who were not consistent.
Mr Lifuka advised President Sata to authorise the Minister of Finance to immediately make the ZRA Commission of Inquiry report public, in the same way he did for the Zamtel report.
“The Zambian people deserve to know the full contents of this report. There should be no sacred cows in this process,” he said.
Mr Lifuka said Government should not renege on its decision to cancel all border concessions and warned the PF government to guard against possible corrupt maneuvers by some unscrupulous individuals.
“TIZ is following this case keenly and we will not hesitate to expose and condemn any public officials who will support any unscrupulous activities which impact negatively on the lives of ordinary people,” Mr Lifuka said.
He called on Government to set in motion a process of overhauling the public procurement system, saying it is time loyal and dedicated men and women are given the responsibility of public procurement.
[Zambia Daily Mail]
Labels: REUBEN LIFUKA, TIZ, ZAMBIA RAILWAYS
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Appointments to parastatal boards
By The Post
Sun 22 Jan. 2012, 14:00 CAT
WE need to pay special attention to the management of our parastatal organisations. If managed well, our parastatal companies can greatly contribute to the economic development of our country. There are countries where state enterprises are playing a key role in economic development.
Look at Singapore, a very small country with about 4.3 million people running the biggest airline in the world as a parastatal.
Singapore Airlines is a parastatal. And today, that airline also owns Quantas, the Australian national carrier. One of the biggest telecommunication companies in the world is also a parastatal from Singapore.
And many countries today have parastatals that are run by their intelligence services to advance special national economic interests. But they are run well and in an efficient, effective, orderly and accountable manner. We still have a few parastatal organisations in this country and we have a duty to run them well.
Parastatal organisations should be characterised by their capacity to serve the common good of society through the production of useful goods and services. The sense of responsibility in economic initiative should demonstrate the individual and social virtues necessary for the development. A parastatal enterprise must be a community of solidarity and not a vehicle for promoting cronyism and corruption.
Therefore, those who are appointed to manage these enterprises should be the best among those who are available. Sad things have been happening in appointments to parastatal boards and management. Relatives and friends of those in power, regardless of their suitability, have been put as directors and top managers of parastatal organisations, at the expense of well-qualified and competent Zambians.
The motive of appointments to the boards and management of parastatal organisations should not be to give jobs to relatives and friends or ruling party cadres but to contribute to the common good of society.
The roles of directors and managers of parastatal organisations have a central importance from the viewpoint of society, because they are at the heart of that network of technical, commercial, financial and cultural bonds that characterises the modern business reality.
For this reason, the exercise of responsibility by those in power and the people they appoint to our parastatal boards and management requires constant reflection on the moral motivations that should guide the personal choices of those to whom these tasks fall.
Every effort should be made to make every parastatal enterprise become a community of persons. We must be responsible in the way we run our parastatal organisations. These organisations are today in trouble not because of their ownership but because of the way people are appointed to run them and how those who have been appointed actually run them.
The temptation is very high for those in power to appoint their friends and relatives to parastatal boards and top management positions. But this is a sure way for them to fail because those relatives and friends of theirs will fail to deliver. Political debts of those in power should not be paid through appointments to parastatal organisations.
We know that there are so many people who extended some favours, in one way or another, to those today in power to help them win last year's elections. But the best way to pay that political debt is not through appointing them to parastatal jobs that they are not able to perform efficiently and effectively. The best way to pay that debt is to run public affairs in the most efficient, effective and orderly manner so that the country moves forward.
When this happens, all, including those who had extended some political favours to those in power, will benefit. Let the best among us manage the affairs of our parastatal organisations on our behalf. Much more needs to be said and to be done if we are to improve the efficiency and effectiveness of our public sector to meet effectively the massive problems of human suffering in our country today.
There is also need for accountability in appointments to our parastatal organisations. Those given the responsibility to do so need to account for every appointment they make.
These appointments should be subjected to public scrutiny. Public life is not an opportunity for self-enrichment, it is an opportunity to serve others. Everyone should have the right to equal access to public jobs, regardless of who is in power. What should only matter is their competency.
Those responsible for appointing the directors and top management of our parastatal organisations should not lose sight of the fact that the common good is the reason for the existence of these parastatal organisations. And the best way to fulfill their obligations is by ensuring that every appointment they make helps to contribute to the common good.
The political power they today hold must have as its aim the achievement of the common good. And their powers to appoint directors and top management of our parastatal organisations can only be said to have been exercised legitimately if they are committed to the common good of society. Let them devote themselves to the welfare of all and not to the interests of their friends and relatives.
And there should be a limit to how many boards one can serve as a director. We have some people, especially those in government, serving on many boards of parastatal organisations. There should be a limit to how many boards a person can belong. In the end, their contribution amounts to nothing. They are just there to collect a sitting allowance.
And moreover, why should someone who is using government time to attend a board meeting of a government owned entity be paid a sitting allowance? If these sitting allowances are removed, there will be better representations from government on some of these boards because only those willing to do a good job would offer themselves.
And also one important thing to bear in mind is that those who are appointed by our politicians as directors in parastatal boards are not representatives of the appointing authority.
They are representatives of the organisations on whose boards they serve. And their duty should be to represent the interests of the organisation and not of the political authority that appointed them.
Labels: PARASTATALS, REUBEN LIFUKA, TIZ
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TIZ demands transparency in all public appointments
By Bright Mukwasa
Sun 22 Jan. 2012, 13:30 CAT
TIZ says the vacuum created by the dissolved parastatal boards attracts political patronage and presents real opportunities for corruption, plunder of resources and abuse of office.
And Transparency International Zambia chapter president Reuben Lifuka has advised the government not to subscribe to the notion that boards of parastatals should be composed of people whose only qualification is being good and loyal political cadres.
In an interview, Lifuka demanded transparency and accountability in all public appointments, saying it would not do for ministers to handpick people for positions in parastatals based on unknown criteria.
He said TIZ noted with concern that it was over three months now since a number of boards of directors for parastatal bodies were dissolved by President Michael Sata and for some institutions like ZNBC, the tenure of the board expired a long time ago.
"This vacuum attracts political patronage as exhibited by the appointment of an acting postmaster general by the Minister of Transport, Works, Supply and Communication Yamfwa Mukanga. Clearly, if the Board was in place, it should have been given this mandate to advertise, recruit and appoint a replacement for the post-master general. We have seen similar appointments to positions of authority made by ministers usurping the powers of boards of directors," Lifuka said.
"The same message goes to other Cabinet ministers who have the responsibility of putting in place boards of directors; this omission cannot go on for much longer and they need to cure this by taking action at the earliest opportunity. Such vacuums in leadership and management oversight, present real opportunities for corruption, plunder of resources and abuse of office."
He urged that the old system employed by the previous regime where ministers filled boards of directors with incapable friends, colleagues and cadres should stop forthwith.
Lifuka said one of the reasons a number of parastatals were limping was that they had ‘very poor quality' board members, most of whom hardly had knowledge and skills to serve in that capacity.
"We insist that the PF government will be doing Zambians a great injustice if it adopts the same bad traits of the past which were anchored on political appeasement and patronage. One of the causes of corruption in the past was the abuse of discretionary power and some of the decisions we have witnessed in the last few months demonstrates a great need to curb any tendencies towards excesses in the discharge of public functions," he said.
Lifuka said in the case of ZAMPOST, the solution to the problems did not lie in political appointments such as the one made by Mukanga, but rather in developing and implementing a comprehensive strategy of turning around the operations of the postal services entity which was faced with numerous challenges.
"It is important that Cabinet ministers move from being mere status quo managers to transformative leaders who will bring about sustainable changes in their ministries," he said.
Lifuka told President Sata and his government that the honeymoon was over and it was time to move away from expending energies and resources on non-issues and start dealing with the root causes of the several challenges that the country was facing.
Labels: PARASTATALS, REUBEN LIFUKA, TIZ, TRANSPARANCY
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‘Reforms in the Judiciary'
By The Post
Mon 16 Jan. 2012, 14:00 CAT
WE would like to commend James Banda, president of the Law Association of Zambia, and his entire executive, for the courageous and honest position they have taken on the state of our Judiciary.Things must be called by their right names. This does not mean that we are speaking with hate, nor harshly about anyone. We should analyse, censure, criticise seriously all these things.
It requires little intelligence - if a little is all one has - to realise that something has gone badly wrong with our Judiciary; things are not the way they should be. There is need for urgent reforms in our Judiciary. But as the Law Association of Zambia has correctly observed, no reforms can be meaningfully implemented with the current leadership of the Judiciary in place.
We have for some time consistently questioned the integrity and capacity of the current leadership of our Judiciary. If one thought we had a personal issue with Chief Justice Ernest Sakala and some of his friends, then we are not the only ones because the entire Law Association of Zambia is with us.
Things are out of control. There is something seriously wrong with the leadership of our Judiciary. And the buck stops at justice Sakala.
The current leadership of the judiciary is not interested in meaningful or serious reforms of the institution. Justice Sakala doesn't seem to see that the Judiciary has much more bigger problems than funding or budgetary allocations. And it seems he doesn't like to hear anyone raising the issue of the integrity of our judiciary. We understand his sensitivities over this issue because he has single-handedly destroyed the integrity of our Judiciary. Justice Sakala has defended everything that is wrong about our Judiciary.
He has exhibited a very high level of sensitivity and intolerance to criticism. But Zambians cannot stop talking about his destruction of this very important institution of our state.
There are so many questionable decisions that have been carried out with his blessings and clear collusion. We challenge justice Sakala to take us on so that we can show everything wrong that he has done; we can show where his hand has been in all these wrong things that have come out of our Judiciary.
Some of our judges, who are very close to justice Sakala, are not fit to be on our bench - they are criminals fit to be in prison. But they are protected and have been promoted because they have been doing wrong things on his behalf.
We support the suggestion by the Law Association of Zambia to critically and systematically review some cases and judgments to determine whether or not the issues of capacity and competence arise. In some of these cases, it would be discovered that it is not even the issue of competence and capacity but of criminality. And justice Sakala knows all these things. He has not been promoting justice but injustice.
Some of our best judges have been marginalised because they are not part of his league. Only those he is able to use or rather abuse have had it easy. There is a limit to how far one can run such an important public institution as if it is a personal kantemba.
We agree with the conclusion of the Law Association of Zambia "that the Judiciary needs a new momentum and a breath of fresh air to carry the reforms which we will be suggesting forward. We are of the view that the current leadership of the Judiciary would find it difficult to embrace and carryout the reforms we will be proposing.
Judicial reform invariably includes filling the Judiciary with forward-thinking, credible, competent judges and magistrates with integrity operating under clear and transparent rules without impunity and with secure tenure. The rules and laws of appointments and removal should be clear and not subject to manipulation by the Executive. To us, this is what judicial reform to a large extent entails".
We support the demand by the Law Association of Zambia that "judges should not serve on contracts as this is inconsistent with judicial independence more so that the terms of those contracts are not known to the public".
Justice Sakala, the Chief Justice of our Republic, is serving on a contract given to him single-handedly by Rupiah Banda. It is not difficult to see why justice Sakala's conduct was so much tilted in favour of Rupiah; why he could not even shake hands in church with then opposition leader Michael Sata. But the same justice Sakala today feels honoured to shake hands with Michael. Using his own words we ask: "Since when?"
It's clear that justice Sakala has destroyed whatever independence our Judiciary had together with its integrity. There is no need for his contract to continue. We have no time to lose.
We are a nation in a hurry to advance in so many ways. There is no need to wait until his contract finishes sometime after the middle of this year. And even just as a matter of personal integrity, justice Sakala should resign on his own, should realise that his time is over because he misbehaved and mismanaged things.
There will not be room for impunity in this country anymore from anyone. As the Law Association of Zambia has aptly put it, "Whilst we are strong proponents of strong judicial independence, we are equally stronger proponents of judicial accountability. Judicial independence and judicial accountability are not inconsistent and can therefore co-exist. The Judiciary should not be ungovernable and elitist or untouchable. The old days of respectful deference and fearful silence have gone forever."
This reminds us of the behaviour of our intelligence services before 2001. It became a conduit for stealing public funds in the belief that nobody would ever get to the bottom of what they were doing or question their thefts of public funds because intelligence expenses could not be questioned.
There are some judges who think they can do anything, including using judgments to enrich themselves or to gain favours or promotions from politicians, thinking nobody will ever question what they have done.
This will not continue to be so. We know what they did over the Chiluba acquittal. We also know what they did over the London High Court judgment registration. One day, justice Sakala and those working under him will have to answer for these things.
The constitutional protection that our judges enjoy was not meant to be used in that way. It was meant to protect them from legitimate errors of judgment not from political connivance to evade the course of justice.
We hope, from the position taken by the Law Association of Zambia, Michael's government will realise that there is something seriously wrong with our Judiciary that calls for immediate remedies in whichever way it is possible. Any unnecessary delay will cause more damage to the integrity of our Judiciary.
We are not only calling for justice Sakala to go but on all those who have deliberately done wrong things because they too will be pursued without respite.
Labels: CORRUPTION, ERNEST SAKALA, JUDICIARY, REUBEN LIFUKA, TIZ
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Judiciary reforms should start with Sakala, says Fr Bwalya
By Kabanda Chulu and Ernest Chanda
Tue 17 Jan. 2012, 13:58 CAT
REFORMATION of the Judiciary should start with the immediate removal of the Chief Justice Ernest Sakala and all judges and magistrates that came up with politically engineered judgments under the MMD government, says Fr Frank Bwalya.
And TIZ says there is a legacy of the previous Rupiah Banda's administration in the Judiciary which needs to be redressed urgently.
In an interview yesterday, Fr Bwalya, who is executive director of Get Involved Zambia, said President Sata and his government should have no time for judges and magistrates that betrayed public trust.
"We believe it will require three things to reform the Judiciary, firstly the obvious departure of the chief justice, the removal of all judges that came up with politically engineered judgments and reconsidering all politically engineered judgments that were procured by the MMD and their allies," Fr Bwalya said.
"When contracts expire or indeed before they get expired, such judges should be relieved of their duties and in the absence of getting rid of the chief justice, it will be like trying to clean up a system without dealing with people within the system that perpetrated or allowed the Judiciary to be compromised."
And TIZ says the Judiciary in its current form is vulnerable to government manipulation.
Supporting the Law Association of Zambia's call for immediate reforms in the institution, TIZ president Reuben Lifuka said it was wrong to have the chief justice and some judges serve on contract.
He said such an arrangement had rendered judges weak, as they had to defend their contracts through loyalty to the government.
"Our Judiciary as it stands today, renders itself vulnerable to manipulation by the executive arm of government and seriously contradicts the doctrine of separation of powers. There is absolutely no need for the Judiciary to continue with puisne (senior) judges including the chief justice serving on contract," Lifuka said.
"Transparency International Zambia has been in the forefront calling for judicial independence and we concur with the position of LAZ that it is a dilution of the desired judicial independence to have the chief justice and head of the Judiciary, and any other judges to be serving on a contract without the necessary security of tenure. It is our considered position that judicial independence implies that judges' careers should not depend on pleasing those with political and economic muscle."
Lifuka said it was unfair for anyone, including justice Sakala, to give the impression that all was well in the Judiciary.
He said TIZ had previously raised concerns about corruption and integrity deficiencies in the Judiciary, which the leadership was failing to see.
"The Zambian Judiciary needs to redeem itself and this it can only do with strong, independent leadership. Like LAZ, we found the remarks by the chief justice in response to LAZ's proposal to contribute to the reform of the Judiciary, rather short sighted and a failure to realise that while funding is important, leadership and strong management are equally necessary ingredients for creating a strong Judiciary," he said.
"While, it is a well-known fact that the Judiciary requires significant resources to discharge its functions effectively, we should not bury our heads in the sand and pretend that all is well in the Judiciary. The Judiciary must rise to the occasion and be accountable directly or indirectly to the general public that it serves."
Lifuka expressed gratitude to LAZ for calling for reforms in the Judiciary.
He said the call was long overdue, as it could not be denied that the country's Judiciary lacked independence.
"There are several highly qualified and experienced legal practitioners who can occupy these positions. This is a legacy of the previous administration which needs to be redressed urgently. We contend that judicial independence can be undermined not because of external influences alone but also because of its own internal weaknesses," said Lifuka.
In a letter dated January 11, 2012 to the Minister of Justice, Sebastian Zulu, copied to Justice Ernest Sakala and Attorney General Mumba Malila, LAZ president James Banda observed that the Judiciary needed a new momentum and a breath of fresh air to carry the reforms the association would be suggesting.
Banda stated that the Judiciary was facing a leadership challenge which should be addressed for any meaningful reforms to be undertaken.
He demanded that reforms in the Judiciary start immediately.
"We are of the view that the current leadership of the Judiciary would find it difficult to embrace and carry out the reforms we will be proposing," read in part Banda's letter to Zulu.
"Judicial reform invariably will include filling the Judiciary with forward thinking, credible, competent judges and magistrates with integrity operating under clear and transparent rules without impunity and with secure tenure."
Labels: CORRUPTION, ERNEST SAKALA, JUDICIARY, REUBEN LIFUKA, TIZ
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A compromised judiciary is the worst injustice to the people - Lifuka
By Namatama Mundia and Bright Mukwasa
Sun 01 Jan. 2012, 13:57 CAT
TRANSPARENCY International Zambia president Reuben Lifuka says Chief Justice Ernest Sakala's statement to the new judges and magistrates while welcome, does not go far to acknowledge the timidity and at times impotency of the Judiciary when dealing with politically sensitive cases.
Commenting on justice Sakala's statement to the newly-appointed judges and magistrates urging them to change the negative image of the judiciary, Lifuka said the acquittal of late former president Frederick Chiluba and the refusal to register the London High Court judgment does not bode well for the judiciary.
"Indeed, people desire timely delivery of judgments but these have to be fair and appropriate judgments. The judiciary should not seek to be merely efficient by clearing the backlog of cases, the people of Zambia desire a judiciary that is effective and fair in the manner it dispenses justice," Lifuka said.
He said the judiciary should stop being held captive to political interests.
"A compromised judiciary is the worst injustice to the people. We want to challenge the judiciary to stand on the side of justice all the time," said Lifuka.
Justice Sakala had also called on the adjudicators to prove that the judiciary was capable of managing its own affairs.
And Mpika Caritas director Fr Patrick Chibuye said the calls by justice Sakala were welcome but need to be backed by practical steps.
In an interview yesterday, Fr Chibuye said justice Sakala and his team of judges and magistrates must be seen to be acting fairly in the dispensation of justice.
He warned that the judiciary would continue attracting a negative perception as long as they deliver faulty judgments like in the Chiluba cases.
"I think we need judges and magistrates who have people at heart and call a spade a spade regardless of who has committed a crime because what we have seen in the past is the rich people most of them go scot-free even if there is overwhelming evidence and the poor people, even if someone steals a bag of mealie meal because he or she is hungry, they will go to court and they will be jailed," he said.
"But if we look at these two then the social justice will condemn the judiciary because in normal circumstances natural justice will dictate that the person who has stolen meagre things should be jailed just like someone who has stolen a bag of mealie-meal."
He noted that the judiciary was compromised in the past.
Fr Chibuye also said the judiciary should be very independent for it not to be compromised.
Labels: CORRUPTION, JUDICIARY, REUBEN LIFUKA
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TIZ calls on Judiciary to redeem itself in 2012
By Ernest Chanda
Fri 30 Dec. 2011, 13:59 CAT
TRANSPARENCY International Zambia (TIZ) has called on the Judiciary to redeem itself in 2012 following some questionable judgments it has passed this year. Reflecting on 2011, TIZ president Reuben Lifuka said the institution could still do its best to insulate itself from political interference.
"What stands out is the judgment passed in the Tedworth properties case. Unfortunately the verdict of the court left more questions than answers. While we all appreciate the difficulties that the judiciary is going through, we strongly believe that the judiciary needs to redeem itself in 2012 and re-assume its position as impartial arbiters. It is necessary for the judiciary to do all it can to insulate itself from political interference," he said in an interview yesterday.
Lifuka, however, commended some judges for passing unquestionable judgments in certain cases in public interest.
He said such judgments gave hope that there was room for improvement in the judiciary next year.
"Although it is important to also point out that some judgments were very welcome - for instance we continue to commend judges Patrick Matibini and Nigel Mutuna for upholding the four-year jail sentence slapped on Mr Anuj Kumar Rathi - Seymon Holdings for cases of gratification involving the former Zambia National Service commandant. It is gratifying that judges Matibini, Mutuna and Sunkutu stood up for the law against serious challenges including the fact the accused had been patronising with the powers that be," Lifuka said.
"We all remember very well the generous financial pledge that Mr. Rathi made to the ruling party. These judges prevailed where lesser judges, knowing fully well the political connections of the accused, would have caved in."
And Lifuka said this year would go in history as one where the power of the masses outweighed the ruling party.
He said the people spoke eloquently through the ballot, demonstrating that people should not be taken for granted.
"The former ruling MMD had certainly become complacent and perfected the art of arrogant politics but the voters successfully managed to send an important signal to elected leaders - that they are mere servants of the people and not their masters. The people equally demonstrated that bribery, vote buying and other illegal means of campaigning, cannot sway them from doing the right thing," he said.
Lifuka said it did not come as a surprise that the MMD ran an unprecedented extravagant election campaigns which were tasteless in magnitude and simply insensitive to the suffering of the people.
Lifuka observed that the coming into office of President Michael Sata had brought a renewed sense of hope in the fight against corruption.
"We note with gratitude that he has made all the right political pronouncements but we wish to state quite categorically that it is not the eloquence of the political rhetoric that will win the fight against corruption. We would like the President and his Cabinet to put in place pragmatic actions to deal with this scourge. The fight against corruption needs to be re-engineered and re-energised. We need a bolder and strong vision and we need committed and consistent political leadership," said Lifuka.
"President Sata should not delude himself to believe that some forms of corruption are more important than the others - all forms of corruption should be fought with the same zeal and commitment. He has to be consistent in his words and actions. We are disappointed with some of the actions of the new PF government especially in terms of some of the appointments made. We strongly believe that President Sata could have done better due diligence and consultations before proceeding with some of his political appointments."
Lifukwa expressed concern that traits of political patronage, cronyism and nepotism were still evident even in the new administration.
Labels: REUBEN LIFUKA, TIZ
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TIZ demands action on allegation that Dr Musokotwane wrongly gave tax holiday to a firm
TIME PUBLISHED - Wednesday, December 21, 2011, 9:21 am
TRANSPARENCY International Zambia (TIZ) says revelations that the former
Minister of Finance and National Planning Situmbeko Musokotwane gave Pepsi Cola Company a K10 billion tax holiday is an indication that leaders in the former administration had no fear of the law.
TIZ president Reuben Lifuka said
former Government leaders broke the law with impunity as they believed they would be in power for a much longer period. Mr Lifuka said this in Lusaka yesterday when he featured on ‘Let the People Talk’ programme on Radio Phoenix.
He said former Government leaders who abused their authority or misapplied funds should be prosecuted. Mr Lifuka said there should be no sacred cows, and that those who broke the law should dance to the music. He said no one should be immune to prosecution when enough evidence is presented.
“Those who flout financial regulations should be prosecuted. There should be no sacred cows,” he said.
Minister of Finance Alexander Chikwanda said he is not ready to comment on the matter now.
“I will only issue a comprehensive statement after referring the issue to the relevant organs of government such as the Attorney-General’s Chambers and Cabinet,” Mr Chikwanda said.
When contacted for a comment, a Pepsi Cola Zambia senior official, who did not want to be named, referred all queries to the company’s chief executive officer, a Mr Shankar.
“I have seen the article in your paper but the best person to comment on this matter is Mr Shankar who has been named,” he said.
Mr Shankar’s mobile phone was off the whole day yesterday.
Zambia Revenue Authority Commissioner-General Berlin Msiska said he is unable to comment on the Pepsi tax rebate.
“I am still settling down and I do not have enough information on the matter. It would be inappropriate for me to comment,” Mr Msiska said.
And Trade Kings Limited, a local manufacturing company says the tax holiday incentive is open to irregularities and abuse by certain companies, especially foreign.
Company corporate affairs manager, Bright Chunga said in an interview in Lusaka yesterday that some foreign firms have closed their companies after the expiry of the tax holiday incentive.
“I recall at some point, Government gave some furniture shops and others dealing in suits a tax holiday but most of them left after the expiry of the period. So this incentive can encourage irregularities,” he said.
Dr Chunga said since the establishment of Trade Kings in 1995, it has not received a tax holiday.
“Trade Kings has never ever been given a tax holiday since inception,” he said.
He said the investment licence is the only tax holiday which applies to every established company.
Dr Chunga said the Investment Act, stipulates the types of tax holidays that apply to various investments.
“I know of a tax holiday which applies when a company invests over U$500,000. However there is another type of holiday which is discretional. This is what the investment Act stipulates,” Dr Chunga said.
The Daily Mail has revealed that Dr Musokotwane authorised a K10.8 billion tax holiday to a company that produces Pepsi Cola in Zambia.
Labels: BERLIN MSISKA, CORRUPTION, REUBEN LIFUKA, SITUMBEKO MUSOKOTWANE, TAX EVASION, TIZ
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Government should work within the law regarding procurement - Mutesa
By Kombe Chimpinde
Thu 01 Dec. 2011, 13:59 CAT
THE PF government should work within the framework of the law regarding issues of procurement, says Dr Fred Mutesa.
Commenting on Transparency International Zambia's (TIZ) advice to President Michael Sata that State House should have absolutely nothing to do with public procurement, Dr Mutesa, in an interview, said the current government must learn from the mistakes of the previous administration when conducting government business especially regarding procurement of various works and services.
"It goes without saying that a wise man learns from a mistake of others, so you do not have to fall in the same ditch that someone else fell into.
It's important that the new government adheres to the rule of law and recognizes or works within the framework or perimeters of the law," he said.
"Otherwise tomorrow it will be them being called to answer. It is important that this country is put back on track with regards to the rule of law. That is something that needs not to be over emphasized."
Dr Mutesa said it was vital for civil servants to reject orders which translated into abuse of office by their superiors.
"The Nuremberg trials of Nazi war criminals, people kept saying they were just acting on orders but wrong orders must be disobeyed. We need public servants who can act out of conviction of work, work with their conscience. If you act on wrong instructions you are an accomplice," he warned.
"It is better to face the sack than carry out unlawful instructions."
And Dr Mutesa said those appearing before various inquiries for questioning for the role they played in various deals must be quick to point
out those that instructed them to do so.
"It is important to be specific as to who gave instructions. If they make general references, it does not help point out who was responsible for issuing instructions," said Dr Mtesa.
TIZ president Reuben Lifuka last week said the government should have a complete overhaul of the public procurement system.
"We want to take this opportunity to urge the PF government to have a complete overhaul of the public procurement system which was definitely severely compromised by the MMD government," said Lifuka.
"We want to urge President Sata and his Cabinet and ensure that public procurement is handled by the competent bodies. State House should have absolutely nothing to do with procurement of services."
Labels: FRED MUTESA, MICHAEL SATA, PROCUREMENT SYSTEMS, REUBEN LIFUKA, TIZ
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Kunda must own up on Zamtel sale - TIZ
By Chibaula Silwamba
Sat 26 Nov. 2011, 12:00 CAT
GEORGE Kunda's defence of the irregular sale of Zamtel is misplaced and must own up, says Transparency International Zambia (TIZ) president Reuben Lifuka. And Lifuka says State House should have absolutely nothing to do with procurement of services.
Commenting on the revelations about illegalities and irregularities in the sale of Zamtel's 75 per cent shares to LAP Green for US$257 million whereas the Zambian government paid US$334 million to retain its own 25 per cent shares under the reign of former president Rupiah Banda and Kunda as vice-president last year, Lifuka said the Muchinga parliamentarian's statement was unfortunate and misplaced.
"Our advice to Mr Kunda is to stop being hypocritical and simply explain himself and his party on the allegations that are being raised. He should not trivialise the same instruments of governance that he and his colleagues willing utilized, simply because he is not in government," Lifuka said.
"On Mr. Kunda's comments of the commission of inquiries that the outcomes are stage managed, is this an admission of how the MMD used to run such inquiries?"
He said TIZ had received the findings of the Commission of Inquiry on the Zamtel sale, as published in the media, with a sense of great disappointment but with a lot of vindication.
"The findings in actual fact, fortify our decision to join other civil society organizations in the Dennis Chirwa Tribunal against former minister of communications and transport, Hon Dora Siliya. It is important to state the dubious manner in which RP Capital were engaged , firstly to do the valuation of assets and subsequently to act as transaction advisors, is the beginning of the problems associated with the privatization of Zamtel," Lifuka said.
"What is evident from the findings is that former president Rupiah Banda, largely ignored the findings and recommendations of the Dennis Chirwa Tribunal. Clearly, if the president and his cabinet at the time, had acted on these recommendations, the MoU that was purportedly signed by Hon Siliya, would have been cancelled."
He said what was no longer in dispute was that the MoU that committed the Zambians to pay US$2 million for the valuation services and a further US$12 million to RP Capital, was fundamentally flawed and did not adhere to the laid down procedures.
"Reading the findings thus far, gives the impression that there is definitely some vital information which was kept away from the Dennis Chirwa Tribunal about RP Capital and the manner in which their services were procured, which would have probably changed the nature and type of recommendations that the Tribunal made," Lifuka said.
"What makes it worse is that the irregularities in public procurement did not stop with RP Capital but this subsequently extended to the manner in which Lap Green were selected as the winning bidder."
He said this development brought the competence of the Zambia Development Agency (ZDA) and the Zambia Public Procurement Authority (ZPPA) together with the Banda administration into question.
"The questions to be asked are many but at a minimal one asks what type of due diligence was conducted by RP Capital and later Lap Green. Further, the role of Cabinet comes into question- cabinet approval of the partial sale of Zamtel was necessary and this decision was supposed to be informed by accurate valuation of the Zamtel assets- did cabinet act on this basis and in good faith or personal considerations did override public interests?"asked Lifuka.
"We would like to know why government had to pay US$334 million for retention of 25 per cent shares in Zamtel. We wish to know the market value of Zamtel at the time of sale and whether government did consider this value in arriving at the final price? We want to know why Zambian Valuation Surveyors who are highly competent and experienced were ignored for this valuation exercise, in preference for a company with limited experience in this area?"
He said TIZ recommended that the government should comprehensively and objectively consider the findings of the commission of inquiry and the subsequent decisions taken should be in the best interest of Zambians.
He said the government should consider pursuing all people involved in the Zamtel saga from the former ministers, ZDA senior staff and other government officials.
Lifuka said necessary court actions for abuse of authority and gross negligence should be undertaken.
"It is necessary that government equally considers the breaches that the Dennis Chirwa Tribunal found against Dora Siliya. We fully endorse the recommendations of the commission of inquiry for government to institute civil action against RP Capital, who under the circumstances, failed to do a competent job but ended up being paid US$12 million of funds that could have been put to other national development activities," Lifuka said.
"If indeed Lap Green did not meet the mandatory requirements as stated by the commission of inquiry, government should consider reversing this sale."
He said the corruption and fraudulent tactics should not be the means of selecting a winning bidder.
He said workers' plight must be taken into consideration when making a decision on the Zamtel sale.
"We want to take this opportunity to urge the PF government to have a complete overhaul of the public procurement system which was definitely severely compromised by the MMD government," said Lifuka.
"We want to urge President Sata and his cabinet and ensure that public procurement is handled by the competent bodies. State House should have absolutely nothing to do with procurement of services."
Justice minister Sebastian Zulu and commission of inquiry technical committee chairperson Dimple Ranchhod on Thursday revealed that Kunda's law firm had received a K190 million payment from a Zamtel account.
The commission of inquiry also revealed that the Zambian government paid US$ 334 million about K1.7 trillion to purchase its own 25 per cent shares in Zamtel during privatization.
LAP Green Network, which bought 75 per cent shares in Zamtel last year, has only paid US$ 15 million about K 76 billion to the Zambian government out of the purchase price of US$257 million about K1.3 trillion while RP Capital Advisors - the advisors in the transaction -received a cash payment of about US$ 12.6 million about K 64 billion from the transaction.
The commission of inquiry recommended the termination of agreements relating to the sale of Zamtel's 75 per cent to LAP Green Network for US$257 million.
It also recommended the immediate termination of the illegal agreement in which Zesco ceded its fibre optic network to Zamtel.
Labels: CORRUPTION, GEORGE KUNDA, LAP GREEN, REUBEN LIFUKA, RP CAPITAL PARTNERS, TIZ, ZAMTEL
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TIZ urges government to take public concerns about Judiciary seriously
By Patson Chilemba
Thu 06 Oct. 2011, 14:00 CAT
SEBASTIAN Zulu and the PF government should take public concerns about the operations of the judiciary and perceptions of corruption very seriously, says TIZ.
Reacting to the justice minister Zulu's remarks in the state-owned newspapers, Times of Zambia and Zambia Daily Mail of yesterday, that some media houses - in apparent reference to The Post - should not insinuate wholesale corruption in the judiciary when it cannot substantiate its claims, Transparency International Zambia (TIZ) president Reuben Lifuka argued that it was not true that the media had deliberately insinuated that the entire judiciary was corrupt.
"Transparency International Zambia would like to counsel the new Minister of Justice and the PF government to take public concerns about the operations of the Judiciary and the perceptions of corruption very seriously," Lifuka stated.
"We find the statement by the Minister to be extravagant as it is not true that the media have deliberately insinuated that the entire judiciary is corrupt.
It is also wrong for the minister to portray an image that there are no challenges of corrupt judicial officers in Zambia. The fight against corruption in Zambia has greatly benefitted from the work of the media - particularly the private media."
Lifuka, who is also the managing consultant for Dialogue Africa stated that the PF itself, when it was in opposition, championed the same causes as the media that it had now already chosen to disparage.
He wondered why the change all of a sudden.
"It is a matter of public record that there were a number of statements from various PF leaders, on the acquittal of some high-profile persons charged with corruption.
It is necessary, in our view, for the new government to take time and study the various challenges before making policy pronouncements," Lifuka stated. "We want to advise the minister to focus on initiating judicial reforms which will be holistic and make our judiciary truly independent. Judicial officers should be given the latitude to make decisions free from any form of interference."
Lifuka stated that the independence of the judiciary was crucial for its own effectiveness, adding that Zambia needed a fair judiciary which was also subject to mechanisms that held it accountable to the people.
"We need a legal culture that upholds the independence, impartiality and integrity of the judiciary," stated Lifuka.
Zulu was quoted in the state-owned newspapers as having said the government had noted with disapproval that some media houses had taken it upon themselves to insinuate that the entire judiciary was corrupt and that they should give reasons behind the acquittal of certain individuals.
He stated that some media houses had also misled the public that adjudicators acted on instructions from some authorities to decide in a particular way.
Zulu further said it had been suggested by some media houses that judicial officers could be arrested and prosecuted for what were perceived as wrong judgments.
He said the position of government was that in terms of the law, no judicial officer could be arrested or prosecuted for delivering what could be perceived as a wrong judgment.
"It should be noted that judges do not dialogue with third parties regarding the content or basis of their judgments. The judgments speak for themselves," said Zulu.
He said the Zambian government was a signatory to the Commonwealth Bangalore Principles which ensured judicial independence, impartiality, integrity, propriety, equity of all before courts, competence and diligence of judicial officers.
Zulu said the principles alluded to were of critical necessity to constitutional governance and were enshrined in the Republican Constitution and the Judicial Code of Conduct.
Labels: PROCUREMENT SYSTEMS, REUBEN LIFUKA, TIZ
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‘Kayukwa has destroyed ACC'
By Ernest Chanda
Thu 15 Sep. 2011, 13:55 CAT
TRANSPARENCY International Zambia (TIZ) yesterday said ACC's director general Lt Col Godfrey Kayukwa's conduct over UPG's bribery has destroyed the institution's reputation. And TIZ called for Kayukwa's immediate resignation for causing irreparable damage to ACC's image and credibility.
Commenting on revelations by The Post last Monday that the Anti Corruption Commission (ACC) has been investigating UPG, the South African company contracted by the ECZ to print ballot papers for next week's election, contrary to Kayukwa's earlier pronouncements that ACC was not investigating any of ECZ's suppliers, TIZ president Reuben Lifuka said Kayukwa's behaviour was disappointing.
"Transparency International Zambi finds the latest revelations regarding the conduct of the Anti Corruption Commission and in particular the Director General Col Godfrey Kayukwa in the handling of the allegations of impropriety by UPG, as not only unfortunate but damaging to the reputation of the institution," Lifuka said.
"It is evident from the information provided thus far that the Director General was economical with the truth when he publicly declared that at no time did ACC investigate a matter connected with ECZ and/or any of its suppliers.
"This is in direct conflict with the statement recorded by the ACC from Mr Edward Ndota on 17th January, 2008 at the ACC House in Lusaka from 15:45 hours to 18:25 hours. The truth is that ACC has been investigating issues surrounding UPG for a long time and it was irresponsibility on the part of the Commission to lie to the public. This conduct by the Director General is not only undesirable but draws reputational risks to the ACC. The fight against corruption, already suffers from credibility due to the manner that ACC has conducted itself, and this latest episode simply compounds matters even further."
Lifuka wondered why Kayukwa found it convenient to intentionally mislead the nation about a matter that ACC had under its conduct. He said such behaviour could only exist where there were other interests to serve other than public interests.
Lifuka said TIZ stood by its earlier position that the allegations surrounding UPG were serious and required a timely and pragmatic response.
"We find some of the arguments for not taking action against these allegations incredulous, if not shortsighted. It is disingenuous for anyone to state that UPG is transparent simply because they have been able to deliver quality products," Lifuka said.
"It is wrong to assume without any investigation that UPG is not capable of unethical conduct which includes bribery, simply on account of the company having been the printer of ballot papers for Zambia for the last couple of years. It will be myopic for anyone to assume that only companies that deliver poor services are liable to engage in corrupt activities. It is public knowledge that in the last couple of years, world-renowned multi-national corporations like Samsung and Siemens, have had allegations of bribery leveled against them. Authorities in different jurisdictions have not shied away from investigating these entities simply because they deliver quality goods and services. Similarly, these companies have had to deal with these allegations head on and they have not sought to clothe themselves with any form of immunity from investigation and prosecution on the grounds that they are handling sensitive public procurements."
Lifuka said UPG should therefore be investigated in full and its corruption brought to the fore.
He expressed disappointment that the ACC had been passionate about defending clear-cut corruption.
"UPG should not be sanitised and absolved from investigation simply because they are engaged in an important process of printing ballot papers for Zambia. UPG should be investigated in much the same way that ACC investigates any local company that supplies goods and services to Government. Failure to do so, will simply build impunity and disorder. What will give ACC the moral right to pursue any local company alleged to have bribed public officials, when it is failing to do so for UPG?" Lifuka asked.
"Again, we wish to state that the simple passage of time, will not erase these allegations and ACC should do what is publicly expected of them and investigate these allegations. As TIZ, we are disappointed to note that from the foregoing that Col. Kayukwa has been too defensive and too passionate about supporting the very wrongdoing that his institution is mandated by law to address. ACC requires leadership that is non-partisan, committed and dedicated to public service. Unfortunately, we fear ACC is rapidly losing credibility and the dire consequences of a weak anti-corruption body, are too ghastly to contemplate. We are aware that there are several other cases which ACC is not acting on for reasons that defy logic."
Lifuka said TIZ felt let down by the ACC's conduct and called for Kayukwa's resignation.
"As anti-corruption activists and practitioners, we feel let down by these acts of commission and omission and we are left with no other choice but to demand the immediate resignation of Col Kayukwa as Director General of the ACC. We are of the strong opinion that unless immediate action is taken to salvage the image of ACC, the admirable and diligent work of many gallant ACC officers, who have loyally served this country, will come to nothing and they will stand discredited for the failings of their superiors," said Lifuka.
"We want to urge the ACC Commissioners to equally do their own due diligence before defending and giving legitimacy to wrong actions of their management and staff. It is a pity that the ACC chairperson judge Timothy Kabalata joined the fray to simply parrot the same misleading statement from their Director General. ACC Commissioners should endeavour to embark on a process to rebuild the tattered image of the Commission."
Labels: ACC, CORRUPTION, GODFREY KAYUKWA, REUBEN LIFUKA, TIZ
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COMMENT - In short, mr. Nyamwali is saying that the president is above the law. That means that the system is rotten and needs a major overhaul.
We can’t investigate a sitting president, says DEC
Friday, December 31, 2010, 10:27
Drug Enforcement Commission (DEC) spokesperson John Nyawali has said the commission cannot question or investigate the sources of campaign finances which President Rupiah Banda has been donating to various NGOs and individual citizens.
Mr. Nyawali said the commission was limited in its mandate because
the sitting president enjoyed absolute immunity to such investigations.
He was reacting to numerous calls from the civil society organisations who were calling on the commission to extend their investigations of money laundering to the ruling party.
But Transparency International Zambia (TIZ) has accused the DEC of being selective in the application of law.
TIZ president Reuben Lifuka said it was wrong for the DEC to hide behind the law of immunity which the president enjoyed, saying DEC should ask whether the president was committing any wrongs enough to warrant investigations.
He said the DEC was exhibiting double standards by finding it easy to investigate opposition party leaders.
Labels: CORRUPTION, DEC, JOHN NYAWALI, PRESIDENCY, REUBEN LIFUKA, RUPIAH BANDA, TIZ
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Dissolve Cabinet early, TIZ urges Rupiah
By George Chellah
Wed 29 Dec. 2010, 04:01 CAT
REUBEN Lifuka says President Rupiah Banda must dissolve cabinet at the earliest opportunity next year to compel ministers to use their own resources in the 2011 campaigns.
Giving his reflections on 2010, Lifuka, who is also Transparency International Zambia president urged the ruling party not to use public resources for their political party campaigns.
He said TIZ was aware that in the 2008 elections, there were schemes where vehicles with private registration, from government agencies and parastatals, were mobilised and used in political campaigns.
“This should not be condoned, and we ask public servants working in these government agencies to make use of the Public Interest Disclosure (protection of whistleblowers) Act and make sure that such schemes are not perpetrated at all. Already we have noticed that deputy ministers have been roped into entourages of the Vice-President who recently was on the Copperbelt for purely party campaigns,” Lifuka said. “These ministers and senior government officials are drawing public resources in the form of fuel and per diems for political party activities – this is abuse of office, which should not be allowed in 2011. President Banda should act prudently and dissolve his Cabinet at the earliest opportunity and thus freeing the ministers to engage in political campaigns using their own or the party resources.”
He said too much effort was invested in trying to prove that the government was doing something about corruption - statistics including the TI Corruption Perception Index – which the government had previously condemned, were manipulated just to convince those that were gullible about the purported progress that is being made in this fight.
“All manner of propagandists and pseudo spin-doctors - some of them, well known opportunists - were hired for this exercise. Government leaders should be reminded that good actions, in the fight against corruption, should speak for themselves and the people will judge this government on that basis,” he said.
He urged the government and all political players to prioritise the need to eliminate electoral corruption so that the electorate was allowed the opportunity to choose their preferred candidate without any undue influence through vote buying.
Lifuka challenged political parties to commit themselves to corruption-free elections and that all players should refrain from bribing people for their vote.
He said corruption still remained rife and systemic in a number of ministries and government agencies.
“Some ministries continue to grapple with the problem of corruption and abuse of office. Ministry of Health and Roads Development Agency had to contend with audit reports which highlighted several areas of weaknesses. Similarly, the year has ended with the regulations for the Zambia Public Procurement Act still not in place, and yet the weaknesses and the corruption allegations associated with public procurement of goods and services are well documented,” Lifuka said.
“Some cooperating partners have gone as far as withdrawing budget support to emphasise their discontentment with the manner that Government is managing public resources. Others like the Global Fund for TB and HIV/AIDS, have issued damning audit reports - which initially was denied by government and all these point to the fact that corruption and all its offshoots remain a challenge for Zambia.”
He said the political handling of high profile corruption cases in the courts of law was poor and gave credence to growing citizens’ concerns about the selective application of the law in the country.
“Specifically, the High Court’s decision not to register the London High Court judgment against former President Frederick Chiluba and the stance taken by Government and the Attorney General, sent mixed and unhelpful signals on the seriousness attached to the fight against corruption. The Attorney General, despite acknowledging the validity of the London High Court judgment, still found it prudent not to appeal against the High Court ruling,” he said.
Lifuka said another highlight of the year was the debate and subsequent enactment of the Anti-Corruption Bill amidst public outcry on the removal of section 37 of the Anti-Corruption Commission Act, which dealt with illicit enrichment of public officials.
He said the MMD government’s action raises speculation as to the real intentions for watering down the Anti-Corruption law.
He said it was unfortunate that the provision in the law which deals with potential mischief of illicit enrichment has been removed and government leaders keep vacillating in their arguments on how they would deal with illicit enrichment.
“One day you hear a government leader referring to section 99 of the Penal Code which unfortunately describes ‘abuse of office’ as a misdemeanor and the next day, another refers to the use of Forfeiture laws,” said Lifuka.
Labels: 2011 ELECTIONS, CABINET, REUBEN LIFUKA, RUPIAH BANDA, TIZ
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