ACC officer testifies in ex-DEC officials case
Written by Maluba Jere
Friday, June 05, 2009 2:48:41 PM
THE Lusaka Magistrates Court yesterday heard that warn and caution statements were recorded from former DEC commissioner Ryan Chitoba and his co-accused persons because they failed to give satisfactory explanations over the use of funds from the forfeiture and operations accounts.
Anti Corruption Commission (ACC) senior investigations officer Foster Hamuyube told Chief Resident Magistrate Charles Kafunda that when he recorded warn and caution statements, he also discovered that the two accounts were very active with K500m being deposited every month by the government but that there was no proper documentation to show how it was being spent.
This is in a case where Chitoba, his deputy Jacob Koyi and his assistant Charles Ndulumina are charged with theft of public funds amounting to about K344.8 million.
Particulars of the offence are that Chitoba, 53 of house number 6857 in Olympia Extension, Koyi, 53 of Plot 483/40A Linda Road in Makeni and Ndulumina, 37, of Plot 220 Chainama, stole K344,878,420 cash belonging to the Republic of Zambia between May 17, 2006 and April 30, 2007.
Hamuyuba told the court that Chitoba actually confirmed having given undisclosed amounts of millions to his assistant Charles Ndulumina but failed to give documentation or reasons to justify his actions.
He also said when Ndulumina was cautioned, he opted to remain silent.
“After it became clear that Koyi who was in charge of documentation of the accounts activities could not provide any further documents backing the various withdrawal of monies at the forfeiture and operations accounts with blessings from Chitoba, I decided to record warn and caution statements from them so that they could exculpate themselves,” he said.
Hamuyube said after investigations he also observed that the said accounts were opened using different forms obtained from the bank other than the ones government institutions used provided by the government itself and had Koyi and Chitoba’s signatures.
Labels: ACC, COURTS, RYAN CHITOBA
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ACC probes Chitoba over properties
By Inonge Noyoo
Wednesday April 30, 2008 [04:00]
THE Anti-Corruption Commission (ACC) is investigating suspended DEC commissioner Ryan Chitoba for having properties not proportionate to his income. ACC director of investigations, Edwin Sakala revealed the development in court while clarifying allegations by Chitoba that K10 million reserved for legal fees had gone missing after ACC officers conducted a search at his Kafue residence.
Chitoba had complained that K10 million went missing following a search by ACC officers at his house while he was attending court.
But Sakala denied receiving reports of the missing money from Chitoba.
Sakala said he was aware that one of his senior investigating officers, Foster Hamuyube, had conducted a search at Chitoba’s house.
He said the search was not connected to the theft charges Chitoba was facing before court but was an independent search related to violation of section 37 of the ACC Act.
Sakala said under the ACC Act, there is a possible offence if a person in public office and in a controlling position has properties not proportionate to their income.
He said the commission had received information suggesting that Chitoba had properties not proportionate to his income.
Sakala said the investigators went to Kafue to survey and do an evaluation of the properties. He said the investigations had not yet been concluded.
He further told the court that the search was authorised by the ACC director and a court warrant was obtained.
Sakala said the ACC officers were accompanied by three police officers provided by Kafue police.
And Hamuyube told the court that he followed the procedure before leading a team of seven experts from the Ministry of Works and Supply to evaluate two properties, a house at plot number KAF 1186 and a small holding, belonging to Chitoba.
Hamuyube said the search party was accompanied by the maid and a Mr Aggrey Chisenga who was found on the property after Chitoba’s wife declined to be present during the survey.
Meanwhile, principal resident magistrate, Charles Kafunda refused to adjourn the matter despite Chitoba’s plea that he needed his lawyers (Mwangala Zaloumis and Rabson Malipenga) to be present.
Magistrate Kafunda said the lawyers had not communicated to the court to explain their absence and their absence was inexcusable and serious.
Chitoba is jointly accused with his deputy Jacob Koyi and commissioner for administration and training, Charles Ndulumina.
They are charged with 20 counts of theft by public servant contrary to section 272 and 277 of the Penal Code chapter 87 of the Laws of Zambia. It is alleged that the trio being persons employed in the public service at DEC between May 2006 and April 2007 jointly and whilst acting together did steal over K345 million, property of the government which came into their possession by virtue of their employment. The matter comes up today.
Labels: ACC, CORRUPTION, DEC, RYAN CHITOBA
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Witness testifies how Chitoba, Koyi withdrew K400 million
By Inonge Noyoo
Thursday February 21, 2008 [03:00]
A Barclays Bank manager has revealed that suspended Drug Enforcement Commissioner Ryan Chitoba and his deputy Jacob Koyi made withdrawals amounting to K400 million from an account holding seized assets.
Henry Mwale was testifying in a matter before Principal Resident Magistrate Charles Kafunda in a case in which Chitoba, 53 of Kalundu, his deputy Koyi, 53 of Makeni and commissioner for administration and training Charles Ndulumina, 37 of Chainama are charged with 20 counts of theft by public servant contrary to section 272 and 277 of the Penal Code chapter 87 of the Laws of Zambia.
It is alleged that the trio being persons employed in the public service at DEC between May 2006 and April 2007 jointly and whilst acting together did steal over K345 million, property of the government which came into their possession by virtue of their employment.
Mwale told the court that the three signatories to the asset service account were Koyi, Chitoba and Lufwendo Saboi.
He said a total of 22 withdrawals were made from the bank amounting to over K400 million.
Mwale said nearly all the bank debit notes for the withdrawals amounting to over K400 million were signed by Chitoba and Koyi, except for one which was signed by Saboi.
Mwale said the signatories to the account were five but that the mandate was changed to Chitoba, Saboi and Koyi only.
He said the withdrawals ranged from K15 million to K80 million and were drawn from 2005 to 2007.
In cross examination by defence lawyer Robson Malipenga, Mwale said nothing was irregular with the way the money was withdrawn.
He said the withdrawals were in line with procedure. Mwale said the account did not have a cheque book because at the time it was a bank policy that savings account holders were not given cheques.
In re-examination by ACC prosecutor Linos Eyaa, Mwale said he would not know what the purpose of the money withdrawn was because it was not indicated on the debit slips. He said only Chitoba and Koyi would be the right people to know how the money withdrawn was used. Trial continues on March 8.
Labels: CORRUPTION, COURTS, DEC, RYAN CHITOBA
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Chitoba has left a bad name for DEC, says Chingaipe
By Ntalasha Mutale
Tuesday January 15, 2008 [03:00]
CHITOBA has left a bad name for the Drug Enforcement Commission, acting DEC commissioner Peter Chingaipe has said. In an interview, Chingaipe said one of his missions this year was to rebuild DEC’s image, which he said had been damaged by suspended DEC commissioner Ryan Chitoba.
“My aim is to move forward and on a new, clean slate in order to restore our lost glory and win back the confidence of the public. I want the Commission to clean the bad name that Chitoba left,” Chingaipe said.
He urged DEC officers to maintain integrity and morality in their work so they could move forward and be disassociated from Chitoba.
“We are beginning to consolidate the foundation of a new beginning. We all know what DEC went through in the past year and the issue now is not who did what, but how do we move forward,” Chingaipe said. “We must reconcile and forget the past but note the lessons we have learnt thereof.”
Recently, Chitoba and his deputy Jacob Koyi were suspended to pave way for investigations into the alleged theft of over K300 million public funds.
Chingaipe urged his officers to work in unity and improve their performance in their areas of jurisdiction.
“We have to rebuild our image to improve performance. And in this case, I want all regional commanders to be in control of their areas of jurisdiction, to report to my office on a daily basis so that I am kept appraised with what is going on the ground,” he said.
Chingaipe said DEC would not fulfil its mandate if its officers divided themselves into camps.
And Chingaipe said DEC had a problem of inadequate flow of operational funds and recurrent charges.
“This is also affecting our operations. All departments, divisions, units and provinces have been affected,” he said. Chingaipe also said DEC had set aside about K30 million in their budget to purchase a speed boat for patrols around the Siavonga border post.
He said the lake was unmanned and illegal traffickers were using it to pass drugs in and out of the country. He said transportation was dragging DEC’s work behind as the vehicles they were currently using were purchased five years ago.
“We only have one land cruiser per Province and we have been struggling to keep up with our work because of that,” he said.
And Chingaipe revealed that the most porous border in the country was Nakonde because of inadequate infrastructure and human resource
Labels: DEC, RYAN CHITOBA
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ACC asks Chitoba to avail himself for arrest
By Joseph Mwenda and Bivan Saluseki
Monday November 26, 2007 [03:00]
THE Anti-Corruption Commission (ACC) has asked Drug Enforcement Commissioner Ryan Chitoba to avail himself for arrest. And ACC spokesperson Timothy Moono yesterday disclosed that DEC deputy commissioner for administration and training Jacob Koyi and his assistant Charles Ndulumina were arrested for theft of public funds totaling over K344.8 million. In a press statement yesterday, Moono stated that ACC was pursuing Chitoba for arrest.
“Efforts by the ACC to contact him have so far proved futile. The ACC is appealing to Mr. Chitoba to avail himself to the ACC so that the due process of the law can take its course,” Moono’s statement read in part.
And Moono stated that Koyi, 53, of Plot 483/40A, Linda Road in Makeni, and Ndulumina, 37, of plot 220, Chainama, Lusaka were jointly arrested for one count of theft of public funds totalling K344, 878, 420 million cash.
He stated that the money came into their possession by virtue of their employment.
“It is alleged that between 17th May 2006 and 30th April 2007 in Lusaka, Koyi, Ndulumina and another person unknown, did steal the said money by way of bank withdrawals from a Drug Enforcement Commission Asset Forfeiture Account held at Barclays Bank, Mutaba Branch without the required authority and knowledge of the Government of the Republic of Zambia,” Moono stated.
He further stated that the two were released on bond and would appear in court on December 7, 2007.
And Transparency International Zambia president Reuben Lifuka yesterday said Chitoba seemed to be getting off the hook.
Commenting on Koyi’s arrest, Lifuka said TIZ was disappointed that the issues surrounding the two were taking long to be concluded.
He said ACC should arrest Chitoba unless they have no evidence against him.
Lifuka said the ACC should be bold enough and clear Chitoba if they have no evidence against him.
"The ACC should be bold enough in dealing with issues of corruption and should not appear to be selective in dealing with cases of corruption," Lifuka said, urging ACC to be very bold in dealing with the DEC issue.
He said TIZ wanted to see investigations extended to Chitoba so that if there was evidence against him, he should equally be arrested. Lifuka said it seemed the fight against corruption was selective.
However, Lifuka warned some people not to think that they were untouchable.
"Where is Joseph Mulyata (Southern Province minister)? What has happened to Mulyata? Now we have Chitoba who seems to be getting off the hook," Lifuka said.
He said it was important that issues of Mulyata and Chitoba came to a conclusion.
Lifuka said Koyi's arrest confirmed TIZ's fears of abuse of office at DEC.
He said TIZ wanted to see a sense of urgency in the fight against corruption. Police sources revealed that investigations against Chitoba were completed except that they were having difficulties in effecting his arrest.
"It looks like it is not very easy to reach or approach Mr. Chitoba so we don't know how this matter will be handled," the source said. "There are talks to involve the Inspector General of Police but so far nothing has happened."
Koyi was suspended in August a few weeks after Chitoba's suspension to pave way for investigations into the financial scandals they were alleged to be involved in at DEC.
Labels: ACC, CORRUPTION, DEC, RYAN CHITOBA
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HH calls for professionalism in public institutions
By Noel Sichalwe
Sunday August 12, 2007 [04:36]
UPND president Hakainde Hichilema yesterday called for professionalism in public institutions to avoid abuse of office suspicions like what was happening at the Drug Enforcement Commission (DEC). Commenting on the suspension of DEC Commissioner Ryan Chitoba, Hichilema said it was sad that an institution that was helping to fight corruption was involved in such financial scandals.
"In the first place, DEC is an institution helping to fight corruption. But it is sad that such an institution can be found to be involved in such activities," he said.
Hichilema said the alleged scandals at DEC could interfere with government pronouncements about fight corruption. He said there was need to ensure that institutions handling public resources were strengthened and that professionalism should be the core emphasis of anybody leading such institutions.
Hichilema said Chitoba and his deputy Jacob Koyi were supposed to show some professionalism in their conduct of their work instead of being embroiled in abuse of office allegations as was now the case.
"We need to bring professionalism to various institutions," he said.
Hichilema said it would be prudent for the supervising officers to take appropriate action against erring government officers. He said Zambia should start paying attention to matters of professionalism and prudence in the management of public resources.
"We need to take the country to the next level of institutionalism and professional conduct for people leading in public institutions," he said.
Hichilema said the government should not wait for public pressure to suspend or investigate officers suspected to be involved in the misuse of public resources. He said no one should be regarded differently when it came to facing justice.
The Anti-Corruption Commission (ACC) is investigating Chitoba and Koyi for abuse of authority of office. Secretary to Cabinet Joshua Kanganja has since announced the suspension of Chitoba to pave way for investigations. Inspector General of Police Ephraim Mateyo is currently overseeing the operations of DEC.
Labels: DEC, GOVERNANCE, HAKAINDE HICHILEMA, RYAN CHITOBA
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Zambian anti-drug chief suspended
President Levy Mwanawasa in 2006
President Mwanawasa has made fighting corruption a key policy
Zambia's President Levy Mwanawasa has suspended the head of the country's anti-drug unit for alleged abuse of office.
A presidential spokesman said Drug Enforcement Commission (DEC) head Ryan Chitoba had been suspended to allow for a smooth investigation.
Mr Chitoba allegedly misappropriated funds recovered from criminals. He has not commented on the claims.
He is the latest senior official in Zambia to face charges of corruption.
A statement by Mr Mwanawasa's aide, John Musukuma, quoted the president in a letter to Mr Chitoba.
"To facilitate the completion of these allegations, or should it be decided to charge you in a court of law, I am suspending you from exercising your functions... with immediate effect," it said.
President Mwanawasa, who took office in 2002, has made the fight against corruption a key policy of his government.
Opposition parties, however, accuse him of not being firm enough on corruption in his own administration.
Labels: BBC, MWANAWASA, RYAN CHITOBA
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DEC chief Chitoba suspended
By Noel Sichalwe
Wednesday August 08, 2007 [04:00]
DRUG Enforcement Commission (DEC) Commissioner Ryan Chitoba was yesterday suspended to pave way for investigations into financial scandals at the institution. And Transparency International Zambia (TIZ) president Reuben Lifuka has welcomed the suspension of Chitoba but hoped that it would be extended to the deputy commissioner Jacob Koyi, who is also facing the same allegations.
Meanwhile, the ACC has concluded investigations into the abuse of authority of office allegations against Southern Province minister Joseph Mulyata. Secretary to the Cabinet Joshua Kanganja announced Chitoba’s suspension in a statement yesterday.
“The Secretary to the Cabinet, Dr Joshua L. Kanganja has announced that Mr Ryan Chitoba, Commissioner, Drug Enforcement Commission has been suspended with immediate effect in order to expedite the on-going investigations on alleged abuse of office against him by the Anti-Corruption Commission,” the statement read in part. “In the meantime, the Inspector General of Police Mr Ephraim Mateyo will oversee the operations of the Drug Enforcement Commission.”
And Lifuka said the suspension of Chitoba was an important development to the problems surrounding DEC.
“We have been asking for it for some time now and we would have made a lot of progress if they did so a long time ago,” Lifuka said. “But one thing we should be aware of is that the suspension of Chitoba is not an admission of guilt but meant to allow professional investigations.”
Lifuka hoped that DEC would stop the transfer of employees who might have been suspected to be whistle-blowers. He further hoped that the government had learnt a lesson not to take institutions like DEC for granted.
“It will, however, be an omission if Mr Chitoba is suspended without his deputy Mr Koyi. This is because they are both facing the same allegations. It would be appropriate that the two receive the same action,” Lifuka said.
Meanwhile former ACC director of operations Bradford Malumbe has said nothing could stop someone being investigated from stepping down unless there was something to hide.
Malumbe was commenting on the ACC investigations against Chitoba and Koyi for abuse of authority of office.
Featuring on Eye Ball to Eye Ball programme on Muvi TV on Monday night, Malumbe said any clean person could not fear to resign from the position to pave way for investigations.
“Unless you have something to hide when you are being investigated, there should be no problem in stepping down,” he said. “Maybe there should be something to be done before the authorities take a decision.”
Malumbe also said it was unfortunate the President Mwanawasa seemed to be the only one talking about corruption while other ministers were quiet.
“I think whoever is in government believes in the anti-corruption policy. If not, I am afraid they are just there for jobs,” he said.
Malumbe said in the previous government, there was no political will to fight corruption and that the ACC did not have adequate funding to conduct proper investigations.
“It used to pain me to find that in a month, we only had fuel money for three days and officers could therefore not go out there to do their work,” he said. “Things have changed now.”
The ACC is investigating Chitoba and his deputy Jacob Koyi for abuse of authority of office involving about K1 billion.
And sources have said that after concluding investigations in the Mulyata saga involving Lusaka businessman Geoffrey Bwalya Mwamba popularly known as GBM, the docket has been referred to the Director of Public Prosecutions, asking for consent to prosecute.
ACC director General Nixon Banda confirmed investigations against Mulyata. He said Mulyata was being investigated on allegations that he used his office to order the release of a Germin’s bus that was impounded by Road Development Agency (RDA) officers for overloading at Livingstone weighbridge before paying an admission of guilt fine.
When contacted yesterday to confirm the closure of investigations against Mulyata, Banda said he was not available for comment.
And Zambia Youths Association in the fight against corruption executive director Rickson Kanema expressed disappointment at the behaviour of Reverend Moses Lungu for his attempt to protect DEC commissioners because he was seeking employment from DEC.
Kanema said they supported the stance taken by Transparency International Zambia and the ACC in the investigations at DEC. He said Rev Lungu’s behaviour was contradicting his title.
Labels: ACC, CORRUPTION, DEC, RYAN CHITOBA, TIZ
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DEC uses army officers to effect transfers
By Noel Sichalwe and Brighton Phiri
Tuesday August 07, 2007 [04:00]
THE Drug Enforcement Commission (DEC) on Saturday sought services of the Zambia Army to forcefully transfer to various provinces officers suspected to be whistle blowers in the financial scandals at the institution. And Patriotic Front president Michael Sata yesterday declared that he would continue attacking President Mwanawasa's family tree until Chitoba was suspended.
On Saturday night, four armed military officers forced their way into unsuspected DEC officers who have been issued with letters of transfer to physically help them pack and leave to their various areas of posting.
The soldiers clad in military uniform using a military truck started their assignment with Justine Phiri around 03:00 hours on Saturday and ordered him to start packing without prior notice.
Sources said Phiri's wife, who works for Madison Insurance, protested against the forced transfer but the soldiers forced her husband to go.
"Mr Phiri just packed clothes in a small bag and that is how he left," the sources said.
Afterwards, the soldiers went to Clement Mweupe around 04:00 hours whom they approached unexpectedly and told him to pack and go.
The sources said Mweupe tried to resist the impromptu move but the soldiers even assisted him to pack so that they could start off. "You know this is the officer whose wife works for the judiciary and they were forced to go without informing her employers," the sources said.
The sources said some of the DEC officers who were transferred could not even find accommodation and were only squatting with well-wishers. Both Phiri and Mweupe have been transferred to Mansa.
Among those transferred is Jacqueline Chisi who has been taken from headquarters to Solwezi. Chisi was also demoted by seven ranks from that of senior human resource personnel to a clerk, and Trevor Malambo, assistant commissioner who has been transferred to Ndola. Others are Mercy Lungwane, an assistant investigations officer who has been transferred to Mpulungu, Patson Chiwala, a senior investigations officer and his wife Hope Chiwala, an investigations officer who have been posted to Kabompo while Mable Lumbwe, a clerk officer has been posted to Kasama.
Bridget Kafwimbi, an investigations officer has been taken to Kasempa, Chansa Chibwe, a senior investigations officer has been transferred to Kabwe, Justine Phiri, a senior investigations officer has been posted to Mansa and Anice Luwi, an assistant investigations officer has been posted to Mpulungu.
The ACC is investigating Chitoba and his deputy Jacob Koyi for abuse of authority of office involving about K1 billion.
And reacting to Lamba speaking people's spokesperson Jobb Shamfuti's threats that the Lambas would deal with him in a manner befitting his venomous attacks, Sata said Shamfuti was the wrong person to speak on behalf of the Lamba people because he belonged to President Mwanawasa's family tree.
"I will not fold my hands until Chitoba faces the law just like Gladys Nyirongo and Frighton Sichone, who were fired to pave way for investigations over allegations levelled against them. I am ready for them," Sata said.
"I am not talking about the Lamba speaking people, but members of Mwanawasa's family tree who are over protected against prosecution. Shamfuti should not try to shield Chitoba from prosecution using the Lamba speaking people. When Chitoba and Shamfuti are waxing in fat, they forget they are Lambas but when trouble gets close to them they want to hide in the tribe."
Sata said the Lambas and Lenjes were suffering like any other Zambian, through the high cost of living, poverty, and lack of drugs in health institutions among others. Sata said Shamfuti's statement was a deliberate ploy by members of the Mwanawasa family tree to mislead the nation that he was attacking the tribe.
"I have no intention of attacking the tribe because we are all wallowing in poverty," Sata said. Sata asked State House to challenge his statements that there were members of the Mwanawasa family tree at government, party and diplomatic levels.
He also challenged Chitoba and Shamfuti to deny being related to President Mwanawasa. Sata reminded Shamfuti that the corrupt allegations levelled against Chitoba were not about the Lamba and Lenje speaking people but two individuals in DEC.
"What I expected from Shamfuti was to deny that Chitoba does not belong to the family tree. State House has not said anything, it is quiet," he said. "Chitoba should be reminded that I will not wait for Shamfuti to come and sort me out before he faces the law."
Labels: DEC, RYAN CHITOBA, SATA
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Defending Lambas blindly
By Editor
Monday August 06, 2007 [04:00]
Sometimes it is good to accept things as they are. When one causes problems for himself, there is no need to blame others. When one bumps into a pole at night, there is no need to blame darkness. That is why we find as misplaced criticism, condemnation and threats against Patriotic Front president Michael Sata by the Lamba-speaking community in our country for what they termed tribal remarks by Sata against them.
Sata last week said he sympathised with the Anti-Corruption Commission (ACC) who are investigating Drug Enforcement Commission (DEC) commissioner Ryan Chitoba because it is difficult to probe him as he belongs to ‘the family tree’ at State House.
But the question is, why did Sata say what he said? Before anyone accuses Sata of being tribal, there is need to look at the background from which he uttered those words.
From what we can recall, there have been widespread calls for the appointing authority to suspend Chitoba and his deputy Jacob Koyi to pave way for objective investigations by the ACC against them on allegations of abuse of authority of office. The calls have been made in line with the precedent set by President Levy Mwanawasa when he suspended or fired public officers who were investigated by the ACC, DEC or the police, in order to pave way for credible investigations against such officers.
However, from the time the ACC confirmed that they were investigating Chitoba and Koyi, there has been total silence from the appointing authority. Many people, including ourselves, have questioned this silence. Our people have wondered whether or not there are no sacred cows in Levy’s fight against corruption.
Our people have wondered why Levy was quick to suspend or fire other civil servants who faced similar allegations before while he seems to be unmoved now by the same allegations against Chitoba.
It was at this point that Sata said people should not expect much from the appointing authority on this matter. He said it is not possible for ACC to probe Chitoba because he is part of ‘the family tree’. Actually, Sata even challenged State House to deny that Chitoba belongs to ‘the family tree’. Sata also said it is only the PF government that will manage to probe and prosecute Chitoba, when his party forms government.
We are not sure about PF forming government. But we are sure that this time around, Sata did not mean to be tribal or practice tribalism in his remarks although we know that he sounds tribal most of the time when he speaks on such issues. We have not forgotten that shortly before the general elections last year, Sata unjustifiably complained that only Bembas were being prosecuted for plunder of national resources. He even pledged to pardon all the Bemba plunderers once he formed government.
However, when he spoke about Chitoba being part of ‘the family tree’, we clearly understood Sata to mean that Chitoba has strong links with the powers that be in State House, so it is not easy for ACC to probe him. And no one can blame or accuse Sata of anything in that statement especially that he has even challenged State House to deny his assertion.
What can a reasonable member of society deduce from Levy’s silence on the matter? Will anyone be wrong to conclude that there are men and women who are more equal than others in Levy’s fight against corruption? Will anyone be wrong to conclude that depending on who one knows, they can either be prosecuted for, or get away with murder?
These are the issues that those accusing Sata of attacking Lambas should ponder on before they proceed to address matters that were not even of concern to Sata. In his remarks, Sata did not in any way imply that Chitoba is not fit to hold his office because he was appointed by Levy through nepotism. He did not say that Lambas do not deserve to be appointed to public service because Levy is their tribesman. He did not suggest that Lambas should be discriminated against. Sata did not put one tribe or some tribes above the Lambas. We do not think Sata wanted to provoke the Lambas or peddle malice against Levy.
Yes, it cannot be disputed that Levy sometimes has provided impartial leadership and has not hesitated to take action against suspected wrongdoers even at the expense of being unpopular. It is also true that Levy sometimes has suspended and fired people who are known to be his tribesmen and relatives, be they ministers or not.
But the question is, if he has set such high standards for himself, why is Levy failing to act in Chitoba’s case? Why has he failed even to utter a single word on this matter? People are not saying Chitoba is guilty. All they are saying is that for ACC to conduct fair and objective investigations, let Chitoba step aside until he is cleared or implicated.
For now, whatever is said against him remains just as allegations.
These are the issues we would have loved our Lamba brothers and sisters to address instead of invoking something that is not there. Like we have said before, tribalism is a cancer which should not be entertained by well-meaning people. If given room to thrive, tribalism can consume and destroy a country. Just like the spokesperson of the Lamba-speaking community Jobb Luka Shamfuti rightly put it, tribalism can plunge the country into chaos and bloodshed. And there is enough evidence to support this. Hundreds of people over a decade ago were massacred in Rwanda and Burundi on the basis of tribalism. Some tribe considered itself to be above the other, to be more human than the other tribe or tribes.
That is why we have to be on guard all the time and ensure that there are no tribalism punctuations in whatever we do or say because what happened elsewhere on that account can happen even in our midst just in a blink of an eye. Zambia belongs to all Zambians. There is no tribe that is more Zambian than another. We should all have equal opportunities regardless of which tribe we belong to.
Labels: DEC, EDITORIAL, RYAN CHITOBA
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Lambas threaten to sort out Sata
By Bivan Saluseki
Monday August 06, 2007 [04:00]
LAMBA speaking people will deal with Michael Sata in a manner befitting his venomous attacks, their spokesperson Jobb Shamfuti has said. Reacting to Sata's statement that it was difficult for the Anti-Corruption Commission (ACC) to probe Drug Enforcement Commissioner Ryan Chitoba because he belonged to President Mwanawasa’s ‘family tree’, Shamfuti said Sata's remarks were baseless.
However, Sata yesterday opted not to comment on Shamfuti's statement.
Shamfuti said President Mwanawasa had not hesitated to take action against suspected wrongdoers even at the expense of being unpopular.
"He has not hesitated to take action even against those who are close to him. The nation is aware, Sata is aware that President Mwanawasa suspended Mr Keshena and Muteteka who are his tribesmen and relatives. He has not hesitated to act against his ministers and has not interfered in their cases," he said.
Shamfuti said Sata's dirty tactics would not work.
He said it was malicious for Sata to claim that President Mwanawasa protected his tribesmen.
"It is unfortunate and dismaying that instead of engaging in constructive politics of development and nation building, Mr Sata should be promoting and championing primitive and retrogressive tribal politics which risks to plunge the country into chaos and bloodshed," he said.
Shamfuti said Lambas had welcomed fellow migrant labour to their territory with open arms.
"If the Lamba speaking people were sectional or exclusive, Zambia would have been different," he said.
Shamfuti said President Mwanawasa had been inclusive in his appointment of people in the public service at all levels.
"We believe we have, like other Zambians, a right to fully participate in the affairs of our country. We will not accept to be discriminated against by anyone on the basis of tribe," he said.
"We shall continue to be a progressive and law abiding community unless forced to be otherwise."
Shamfuti said President Mwanawasa had been very inclusive and exemplary in his leadership. He said the Lamba community was fully aware of what game Sata was playing.
"The dirty tactics will not work," said Shamfuti.
On Wednesday last week, Sata said it was difficult for the ACC to investigate Chitoba because he belonged to the family tree.
Sata was commenting on the ACC's investigations into the alleged financial scandals against Chitoba and his deputy Jacob Koyi.
Sata said dealing with Chitoba was a difficult task because of his connections with State House's 'family tree'.
"I would like to see how these investigations will go," Sata said. "The ACC is dealing with a strong person because Chitoba is related to State House. Investigations that are conducted against anyone who belongs to State House are not easy. I sympathise with ACC and those people investigating Chitoba."
Sata said because of Chitoba's connections with ‘the family tree', he was paid more money than the Inspector General of Police Ephraim Mateyo when in fact they were supposed to be at the same level.
"We know a lot about Chitoba," Sata said. "At the moment, he is a member of the family tree and it feels like he is untouchable as far as government is concerned. State House shall protect him today but we will deal with him when PF forms government like they are dealing with Chiluba."
ACC director general Nixon Banda last week confirmed their investigations against Chitoba and Koyi for abuse of authority of office.
Labels: RYAN CHITOBA, SATA, TRIBALISM
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Chitoba, Koyi should not be sacred cows - Mususu
Chitoba, Koyi should not be sacred cows - Mususu
By Noel Sichalwe
Friday August 03, 2007 [04:00]
DEC Commissioner Ryan Chitoba and his deputy Jacob Koyi should not be sacred cows in the fight against corruption, Evangelical Fellowship of Zambia (EFZ) executive director Bishop Paul Mususu yesterday said
And Evangelical Youth Alliance International president Reverend Moses Lungu who has called on the Anti-Corruption Commission (ACC) director general Nixon Banda to resign for investigating Chitoba has been employed as DEC chaplain.
Meanwhile, two DEC employees whose letters of transfer and demotion were published in The Post on Wednesday have been charged with releasing official documents to unauthorised persons.
Commenting on the ACC investigations against Chitoba and Koyi for abuse of office, Bishop Mususu said it was sad that individuals were being protected to the extent that the Drug Enforcement Commission (DEC) was even able to challenge Banda to resign for investigating Chitoba and Koyi.
"There should be no sacred cow whether somebody has the right connections or not," Bishop Mususu said. "It is sad that an individual could be protected from being suspended to pave way for investigations. It shouldn't be any different from what happened to Gladys (former lands minister Gladys Nyirongo). What we need are not individuals but institutions that will run government programmes effectively. The campaign against corruption should not be looked at from individual faces or connections. That is why the majority of people involved in corruption are doing so because they are protected. That is why as a Church, it is important to fight the corruption of the yesteryear but what will be important is to stamp out corruption now."
Bishop Mususu said Chitoba and Koyi should be suspended to allow ACC conduct independent investigations. He said after the investigations, the duo could be re-instated if allegations against them would not be substantiated.
"Mr Chitoba and Mr Koyi should leave ACC to conduct their investigations properly. That is not to say he is guilty. The best thing he can do now is to step down. I am sure Zambians are watching to see how this matter will be handled," he said.
And according to the DEC order of appointment issued by DEC chief investigations officer Molly Hameja, Rev Lungu was employed on July 24, 2007 as investigations officer and chaplain.
Rev Lungu had earlier in the week accused some DEC officers of hiding the truth and called on Nixon Banda to resign. He said DEC officers claiming to have been victimised by the command were themselves unprofessional because they were trading in information and now wanted to escape the consequences of their misconduct. He said his organisation had a deliberate policy to support the government of the day and that was why he took particular interest in the activities of the government of the day.
However, Transparency International Zambia executive director Goodwell Lungu disclosed that Rev Moses Lungu was defending Chitoba and Koyi because he was looking for a job at DEC.
Goodwell Lungu said: "We are very much aware that Reverend Lungu is a very much interested party in this matter as he applied for a job as chaplain at DEC and attended interviews. We advise him not to jeopardise his chances of employment by engaging in issues he has little evidence on."
The order of appointment also indicated that DEC had employed 17 office orderlies to be stationed in Lusaka. DEC had further demoted Justin Phiri from the position of senior investigations officer to investigations office and Jacqueline Chisi from senior human resource management officer to clerical officer.
Meanwhile, about 16 DEC employees were transferred to other provinces, some on suspicion that they leaked information relating to the financial scandals at the institution.
Sources have also confirmed that two employees whose letters of transfer and demotion were published in The Post on Wednesday have been charged with releasing official documents to unauthorised persons.
"Jacqueline Chisi and Mable Lumbwe have been charged and have been asked to exculpate themselves," the sources said.
The sources have also said some of the employees who were transferred last week have started leaving to their posted stations.
"Now, we are wondering how the ACC will protect these people because they promised to stop any transfer of those people who could be potential witnesses. We are hoping that the ACC can stop these people from going away since some of them will be witnesses," said the source.
Labels: DEC, RYAN CHITOBA
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Sata, Chimumbwa differ over meetings
By Brighton Phiri
Thursday August 02, 2007 [04:02]
OPPOSITION Patriotic Front (PF) president Michael Sata has differed with his former secretary general Charles Chimumbwa for refusing to attend parliamentary caucus meetings which he (Sata) chairs.
This was after Chimumbwa, who is also Nchanga member of parliament, wrote to PF whip in the National Assembly Elizabeth Mulobeka, indicating that he would not attend any of the parliamentary caucus meetings because they were being chaired by Sata as party president.
In his letter dated July 20 2007, Chimumbwa tendered his permanent apologies for his intention to continue absconding PF parliamentary caucus meetings, describing them as illegal as they were being chaired by Sata as party president.
"My understanding of a caucus is that it is supposed to be a consultative meeting among MPs, but what I have learnt is that every time you have one, the president comes and chairs it," read Chimumbwa's letter in part.
"Madam, you are aware that amongst MPs, there are Members of the Central Committee (MCC) and whenever there is a meeting attended by MPs and MCCs and chaired by the president in the presence of the vice-president and the secretary general then that meeting ceases to be a caucus and becomes a national council.
Going by our party constitution, only the president has powers through the secretary general to call a national council. I hope you understand where my fear to attend the meetings comes from."
Chimumbwa stated that the last time he innocently attended a consultative meeting, which was organised by Sata's niece Sylvia Chalikosa, he was accused of mounting a coup de'tat on the presidency.
Chimumbwa told Mulobeka that he had not only lost his position as secretary general but that he expected the worst in view of serious accusations that he was organising other parties.
"Not to leave you speculating, organising another party while belonging to PF is a very serious offence which calls for expulsion from PF. You may not understand what is going on, but I do because I have been a custodian of the party constitution," Chimumbwa stated.
"By copy of this letter, please accept my permanent apologies as along as you continue to call these meetings, which you do in good faith, but becomes illegal the moment the president attends."
But Sata challenged Chimumbwa to explain why he had so suddenly become allergic to his presence during party meetings. In his letter dated July 23, 2007 to Chimumbwa, Sata warned him that the curse of his irrationality, cheap pride and baseless emotionalism would result in him receiving a devastating blow just as it had happened to his business ventures.
"You are a very intelligent, energetic and pragmatic person... unfortunately your irrationality and baseless emotionalism and pride have always derailed you from the first qualities," read Sata's letter in part. "You would have been a very successful and prosperous person, but short cuts have always worked against you. You are a rising political star, unfortunately the curse of irrationality, cheap pride and baseless emotionalism is at it again giving you a devastating blow as it has done to your business ventures."
Sata described Chimumbwa's letter to Mulobeka as unwarranted and that it exhibited unproductive pride. "Since you were elected to Parliament, you have not cared to read about your new bequeathed honour but you would like to use it wrongly to throw your weight around intimidating wrong and innocent people without letting us know your real problem. I shall use this letter to assist you understand issues you are ignorant about. I will give no copy to anybody, but if you do not mind I shall gladly do so," read Sata's letter to Chimumbwa, in part.
"Contrary to your ill-conceived definition of caucus...in Oxford English dictionary tenth edition, caucus means...a meeting of policy making committee of a political party...or a group of people with shared concerns within a larger organisation. Article 50 composition of national council is members of central committee, members of the national assembly, provincial secretaries, district chairmen, district secretaries, and committee members of the women's and youth leagues and senior officers from the party national headquarters.
From the above your lecture to our whip was not only misleading but a complete lie." Sata reminded Chimumbwa that when he took over as secretary general of the party, he took over the functions of Dr. Guy Scott, among them to attend as a board member of Zambia Centre for Inter-party dialogue (ZCID). He accused Chimumbwa of calling ordinary party cadres and giving them fake titles when ZCID board of directors asked each political party to bring with them 20 policy makers for a consultative meeting.
"Without consulting me or Dr. Scott, you decided with Mr. Kaizar Zulu to call ordinary party cadres and gave them fake titles. When I protested, you had no courtesy of coming to see me. When Dr. Scott contacted you, you told him you would not come to the meeting...tell Sata to appoint his niece as secretary general," read Sata's letter. "Hon. Chimumbwa it is a lie to say that Miss Chalikosa organised the ZCID meeting."
On Chimumbwa's removal as secretary general, Sata reminded him that the party called for a central committee meeting on June 30, which he did not only attend it but never bothered to explain the reason why he failed to attend the meeting. "I presume because I was going to chair it, it became illegal. Members of the central committee were very irritated, proposed and seconded that they needed a full time secretary general or at least have somebody who will have regard for the central committee.
Therefore, attributing your removal to Miss Chalikosa is very unfair," Sata stated. "You have in the past attended my meetings, chaired by me, but why all of a sudden have you become allergic to my presence at any meeting?"
Sata denied having had chaired any of the caucus meeting of PF members of parliament stating that the first meeting which was held at Parliament Motel was chaired by Mulobeka and both meetings held at Blue Nile and Mika Lodge respectively were chaired by Dr. Scott.
"Can you please let me know which parliamentary caucus meeting I chaired?" Sata asked. "Hon. Chimumbwa, you are telling us to accept your permanent apologies and calling party meetings illegal? I would like to draw you to article 29 offences against the party...breach of rules of the party, acting in the manner that is likely to bring the name of the party into ridicule and disobeying any rule, direction, order or instructions of any organ of the party, false information or rumours which tend to injure the reputation of the party or any of its officials and acting disrespectfully to the party or any of its officials with intent to deceive or mislead."
Sata told Chimumbwa that PF was waiting for him to resign as he had announced on radio. He reminded Chimumbwa that he was wearing four hats since he joined PF; namely member of the central committee, chairman of industry, secretary general and member of parliament. "With your own I do not care attitude and baseless pride, you have removed one hat of secretary general and you have remained with three hats...you have now discovered that all meetings chaired by me are illegal. To avoid illegality in the future life please use your pride and remove the remaining three hats because the above hats belong to an illegal organisation... instead of forcing the party to remove them from you...please do it for yourself honourably," read Sata's letter.
Sata further told Chimumbwa that he was accused of over-nursing and heaping too many favours on him by the party membership. He stated that some members went to the extent of saying Chimumbwa had bought him even though they did not state the amount. "As you asked Mr. Mumbi to pay you all the money he owes you, please let me know how much I owe so that I may liquidate my debt with you to enable me run this party with the impartiality expected from me by the party leadership," he stated.
Sata further reminded Chimumbwa that members of the party had not taken it kindly when he defended him after he (Chimumbwa) described the devastating pollution by Konkola Copper Mines as a small issue.
Labels: ACC, CORRUPTION, RYAN CHITOBA, SATA
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Investigating DEC officers
By Editor
Tuesday July 31, 2007 [04:00]
It is clear that there are more problems at the Drug Enforcement Commission (DEC) than meets the eye. In the last few days, we have heard allegations and counter allegations at DEC involving both senior and not-so-senior officers. In fact, the top two officers-commissioner Ryan Chitoba and his deputy Koyi - are being investigated by the Anti-Corruption Commission (ACC) on allegations of abuse of authority of office. However, the high command feels implicated by the junior officers facing various disciplinary actions.
The command feel that these officers are behind the ‘false and malicious’ reports against them to the ACC. On the other hand, there are people within DEC and beyond who think that Chitoba and Koyi have abused the authorities of their offices and should therefore be made to face the law.
These are very serious matters which require equally serious and thorough investigations. DEC is charged with the serious and complicated responsibility of fighting drug trafficking and money laundering in the country. But when we start to hear that the people charged with the responsibility of fighting money laundering are the ones engaging in the same illegal activity, we wonder where we are going as a country.
That is why it is imperative that thorough and conclusive investigations are conducted in order to preserve the integrity of this important institution. Once institutions like DEC are destroyed, then we are destroyed as a country. When DEC does not command the necessary respect and confidence from our people, drug traffickers and money launderers will be free to go about their illegal activities unhindered, knowing that there would be no one to stop them because the officers to do that will also be involved in the same activities. In short, there will be no police officers to chase the thief because the officer has chosen to join the thief.
This should be a matter of grave concern to all, especially those who believe in building strong institutions to fight illegal activities that threaten the well-being of our economy and the country in general.
In saying this, we are not in any way implying that Chitoba and his colleague Koyi are guilty. What we would like to see are credible investigations conducted against them so that at the end of the day, no one should have reason to complain, knowing that everything was done above board.
However, at the rate things are going, we doubt if this problem at DEC will be concluded in the manner that is credible, a manner that will leave no bitter taste in the mouth. We say this because ordinarily, Chitoba and Koyi are supposed to step aside as investigations against them continue. This is the normal thing that all those who believe in justice and fair play would expect from the appointing authority, ACC or indeed the suspects themselves.
When the appointing authority says ‘stay away until investigations are completed’, they are not implying that the person being investigated is guilty. Equally, when the suspects offer to step aside, they are not in any way pleading guilty. All they will be saying is, ‘don’t feel restrained by our presence, we will be back in the office after the investigations should we be found undented’.
But there is a problem in this country. People have become so judgemental and unnecessarily protective. If the Law Association of Zambia (LAZ) calls for Chitoba’s suspension, other people will immediately accuse LAZ of being against Chitoba. And yet LAZ is there to promote justice in our country.
The same will be said about us. If we called for Chitoba’s suspension pending investigations, we would be labelled as people who want to see Chitoba’s downfall. This is not correct.
That is why overzealous ministers like Mike Mulongoti, who are in a hurry to please their master, would like to gag our mouths and threaten us with all sorts of things calculated to stop us from working effectively. Mulongoti in his wisdom says we should just report or expose wrongs in society without commenting on them because doing so will be inciting authorities.
But we feel that better solutions can only be found where a problem is openly and honestly discussed. These problems at DEC started simmering about two months ago. And because some people decided to bury their heads in the sand, today these problems are threatening the very foundation of DEC. If not properly handled, these problems will permanently affect the credibility of DEC.
Rev Moses Lungu is telling us today that in fact some DEC officers have betrayed the real whistle blowers, that they have given out information to unauthorised people, which information in some cases has made it difficult for DEC to conduct successful investigations.
This matter is equally of grave concern and must be investigated because if whistle blowers are not protected, DEC will not receive any more tip-offs from members of the public to enable them to follow up on drug traffickers and money launderers. There is need to ensure that DEC officers observe professionalism, otherwise the unprofessional and unethical officers might just end up endangering the lives of their informers.
That is why we feel that the problems at DEC serious because they go beyond Chitoba and Koyi. Every little complaint against Chitoba, Koyi and indeed officers in general must be checked properly and efforts made to ensure that preventive and corrective measures are put in place. This is the more reason we are calling upon ACC and other investigating agencies to conduct very credible investigations at DEC, which should go a long way in protecting the image and integrity of the institution. Failure to do that would be spelling doom on the institution that has so far done a commendable job in curbing drug trafficking and money laundering, among other vices in our society.
Labels: ACC, DEC, EDITORIAL, RYAN CHITOBA
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DEC denies victimising officers
By Noel Sichalwe and Amos Malupenga
Tuesday July 31, 2007 [04:00]
DRUG Enforcement Commission (DEC) spokesperson Rosten Chulu has said the Commission does not believe in victimisation of its officers. And Evangelical Youth Alliance International president Reverend Moses Lungu said DEC officers claiming to be victimised by the command were the ones in the wrong because they had betrayed the true whistle-blowers and were now trying to escape the consequences of their misconduct.
Commenting on financial scandals allegedly committed by DEC commissioner Ryan Chitoba and his deputy which are being investigated by the Anti-Corruption Commission (ACC), Chulu said the current DEC high command - unlike the previous one - did not believe in victimisation of officers who were until now some of the most disciplined and professional law enforcement officers in the country.
He said in the past two years, DEC had been spreading its tentacles from provinces to districts in Luangwa, Mpika, Zambezi, Mwinilunga, Sesheke, Kabompo, Kasempa, Kalabo, Nchelenge and Lundazi in order to have its presence at the district level and to adequately curb the perennial problem of cannabis cultivation at the source.
“It is unthinkable to imagine that an officer can be demoted seven ranks down for the structure does have those many positions. No ten officers have ever been demoted by Commissioner Chitoba,” Chulu said. “I, therefore, challenge the author of the article to learn to be factual in his reporting and state the positions that were skipped as the exaggerated article is aimed at discrediting DEC high command and tarnish the good image and integrity of the Commission. Unlike previously when officers were dismissed summarily without exculpating themselves through the staff board, this has never been the case under this current command.”
But in a letter dated July 16, 2007 with reference: ‘Reduction in rank: yourself’, addressed to Jacqueline Chisi, Chitoba stated that the staff board recommended that she should be demoted from the rank of senior human resource management officer GSS7 to clerical officer GSS14.
“This is to be done in order to instil and maintain discipline in the Commission,” Chitoba stated.
However, many DEC workers have wondered why most officers being transferred were from Lusaka Province as compared to other areas.
But Chulu said DEC, like any other department, had procedures which were followed before an officer could be disciplined. Chulu said narcotic drugs and psychotropic substances Act CAP 96 of the Laws of Zambia rule number 11 stated that, “No officer of the Commission, special agent or any other person shall publish or disclose to any unauthorised person, otherwise than in the exercise of his official functions or duties, the contents of any document, report, communication or information whatsoever which has come to his notice in the course of his duties in the Commission.
“The provisions of General Orders (69) to 76 of the 1990 edition shall apply to officers of the Commission, including special agents recruited or appointed under these Rules. Any officer who contravenes sub-rule (1) or (2) shall be deemed to have committed an offence under the state security Act and accordingly, shall be guilty of gross or discreditable conduct for which that officer may be dismissed or prosecuted before a court of law.”
Chulu said the maintenance of high standards of discipline in DEC or bringing to book illicit drug and money laundering criminals had earned the Commission unpopularity in some circles especially the open praise that DEC had received. He said this would not derail DEC’s focus as the allegations were bent on destroying the good work of the Commission with the 100 per cent score of success from January to date in terms of prosecution being their core mandate.
“If there are any allegations, such are welcome and must be done professionally without any prejudice through running commentaries in the media until after thorough investigations are concluded and determined by the prescribed authorities,” said Chulu.
ACC director general Nixon Banda expressed worry at the manner DEC was transferring employees suspected to be whistle-blowers in the abuse of authority of office scandal. He also officially confirmed that ACC is investigating Chitoba and his deputy Jacob Koyi for abuse of office.
Sources have confirmed that Chitoba has transferred and demoted about 10 officers suspected to have leaked information relating to financial scandals surrounding DEC.
And Rev Moses Lungu said his organisation was worried with the happenings at DEC because so far there was an attempt by some officers to hide the truth. He said their investigations have revealed that officers claiming to be victimised as whistle blowers were actually suspects of some offences which they now wanted to hide.
“Our organisation has a deliberate policy to support the government of the day, so we take particular interest in the activities of the government of the day,” Rev Lungu said. “These DEC officers claiming to be whistle blowers have actually been trading in information. They are the ones who have betrayed the actual whistle-blowers. I want to challenge these officers, including Nason Banda to say the truth about this whole issue. Nason is just a frustrated man who is causing a lot of problems. I hear that the police have even recorded a warn and caution statement from him”
Rev Lungu also accused the ACC of not conducting itself professionally on a number of cases they were investigating or ought to investigate.
“In fact, I challenge Nixon Banda to resign on moral grounds,” Rev Lungu said. “In the current scenario, we should not expect a lot of progressive things to come out of the ACC. Even Transparency International Zambia is not being transparent in this issue to do with Chitoba; we know the manoeuvrings that have been taking place.”
Rev Lungu said allegations of nepotism would not stick against Chitoba because facts were there to speak for themselves as most DEC employees were from Western and Eastern provinces. He said there were a lot of people working against Chitoba, including some senior MMD official whose relative was transferred after he committed a serious offence.
“People commenting on this matter should not be one-sided because I know that the Auditor General has cleared Mr Chitoba and DEC,” Rev Lungu said. “We should also remind ourselves that plunderers have regrouped and they will do everything to destabilise institutions that are running well like the DEC.”
Labels: ACC, DEC, RYAN CHITOBA
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LAZ seeks suspension of Chitoba
By Noel Sichalwe and Inonge Noyoo
Sunday July 29, 2007 [04:00]
THE Law Association of Zambia (LAZ) yesterday asked the Anti-Corruption Commission (ACC) to recommend the suspension of DEC Commissioner Ryan Chitoba and his deputy Jacob Koyi while investigating the financial scandal. And United Liberal Party (ULP) president Sakwiba Sikota has also called for the suspension of Chitoba and Koyi from duties pending the conclusion of investigations.
LAZ president Elijah Banda yesterday said ACC should be mindful of the fact that the allegations against Drug Enforcement Commission (DEC) commissioner Chitoba and Koyi were serious.
Banda said ACC should not be restrained by the fact that it was investigating a sister law enforcement agency but rather conduct its work professionally.
"In their exercise of their work, anything considered to be an interference, ACC has the powers to do something about it," Banda said. "If the commission is aware of anything that is making it difficult to reach potential witnesses, they have the power to restrain the DEC Commissioner from any interference in the performance of their duties. As LAZ, we denounce any moves aimed at restraining the investigation and interference with potential witnesses."
He said the ACC should be aware that its had unrestrained powers to conduct thorough investigations.
And Sikota said the spate of searches and arrests of officers of the DEC were matters of grave concern.
He said there was a need to ensure that there was no 'witch hunt' at the institution.
"The recent transfers and demotions at DEC by Chitoba raise a lot of questions. In view of the fact that prior to these spates of transfers, demotions, searches and arrests, investigations were instituted against Chitoba and his deputy, there is need to suspended him pending the conclusion of investigations," he said.
Sikota said the allegations against Chitoba were sufficiently grave.
He said in order to ensure that there was no interference with possible witness and evidence, those facing allegations should be on suspension.
"What is currently going on at DEC will not only demoralise the workforce but also reduce the public's confidence in the institution," said Sikota.
ACC director general Nixon Banda on Friday expressed worry at the manner that Chitoba was transferring employees suspected to be whistle-blowers in the abuse of authority of office scandal.
Addressing the press, Banda said the ACC was studying the matter to see how it could help. He said the reported transfer of DEC employees suspected to have been whistle blowers could have been an administrative matter.
"The current ACC Act does not contain the provision for the protection of whistle blowers but there is an Act that provides for protection of potential witnesses," Banda said.
Banda also said that ACC could not at the moment recommend whether Chitoba should be sent on forced leave or not. ACC recently started investigating Chitoba and Koyi for abuse of office involving about K1 billion.
Labels: ACC, ELIJAH BANDA, LAZ, RYAN CHITOBA
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Levy's sacred cows
By Editor
Saturday July 28, 2007 [04:00]
Sometimes it is difficult to believe President Levy Mwanawasa’s pronouncements that there are no sacred cows in his crusade against corruption. It is said that actions speak louder than words. So when Levy speaks, people will always wait to see what action will accompany his words. In most cases, we have witnessed a lot of contradictions and inconsistencies. Levy does not walk the talk sometimes.
Not so long ago, Levy said he would not protect any wrongdoer from facing the law and that he would apply the same standards regardless of who is involved in any case. This was shortly after he fired Claver Silavwe as Northern Province minister to pave way for investigations concerning the over K100 million imprest which Silavwe allegedly failed to retire or account for.
This was a good act confirming that Levy meant what he actually pronounced concerning the fight against corruption. Recently when we exposed a scam in the allocation of land at the Ministry of Lands, we saw Levy rise to the challenge yet again and suspended Frighton Sichone as Commissioner of Lands to pave way for investigations. In fact, he even fired then lands minister Rev Gladys Nyirongo who was also implicated in the scam. Rev Nyirongo was fired even before the Anti-Corruption Commission (ACC) completed its investigations against her.
And before that, a permanent secretary in the same ministry was sent on forced leave to facilitate investigations against her by the ACC. We also remember that a few years ago, Levy had fired John Mwaimba as deputy information minister because there were some allegations against him which he wanted exhaustively investigated by our investigating agencies. There are several examples we can cite.
But today, we are witnessing contradictions and inconsistencies in the way standards are being applied in the fight against corruption both from Levy and the ACC. There are serious allegations of abuse of authority of office against the Commissioner of the Drug Enforcement Commission (DEC) Ryan Chitoba and his deputy.
The ACC is also investigating Southern Province minister Joseph Mulyata for abuse of authority of office.
Looking at the way Silavwe, Sichone and Rev Nyirongo were treated, one would think that Levy would continue to demonstrate that there are no sacred cows in his fight against corruption by continuing to apply the same standards. In fact, one would think that it would be like pushing an open door for anyone to ask Levy to suspend Chitoba and Mulyata during this time they are being investigated.
Do we really need to remind Levy that in the interest of justice, Chitoba and Mulyata should either be suspended or sent on forced leave to facilitate meaningful investigations against them? If Levy saw the need to suspend Sichone who faced the same allegations of abuse of authority of office as Chitoba and Mulyata, why should it be difficult for him to apply the same standards in the case of Chitoba and Mulyata? Wouldn’t Sichone and Rev Nyirongo be justified in complaining that Levy acted unfairly against them, or that some people are more equal than others? Would it be fair for Levy to take offence if one suggested that his fight against corruption is selective?
It is normal practice everywhere that those being investigated should stay away from office until investigations against them are concluded. There are good reasons for this. Primary among them is that the suspect should not be given an opportunity to interfere with the course of investigations through their continued presence in office. That is why there are complaints at DEC concerning Chitoba’s continued stay in office even in the face of serious investigations against him. It is now alleged that Chitoba, using or abusing his power and authority, is doing all sorts of things to punish and frustrate all those officers at DEC whom he suspects could have reported him to the ACC.
We have heard that a number of officers have been demoted while others have been sent to remote parts of the country. This might be genuine administrative intervention by Chitoba. But coming at this time of investigations against him, this administrative action is likely to be misunderstood whether it is genuine or not. That is why it is necessary that any suspect ceases to perform official duties until he is cleared.
We are surprised that ACC director general Nixon Banda does not see anything wrong with Chitoba’s continued stay in office during this time of investigations. For investigations to be credible, there is need for the ACC or indeed any investigator, to remove all manner of suspicion. Assuming Chitoba is today cleared of all allegations against him, does the ACC expect the public to accept as genuine the outcome of those investigations?
When one is sent on forced leave or suspended to facilitate fair and objective investigations, it does not mean that they are guilty. All it means is that there is need to promote investigations that are above board and without blemish in the interest of justice both to the complainants and those complained against.
And this casual approach to serious issues is what will hinder this fight against corruption. It is true that there is no law in place to protect whistle-blowers, but there is need for the ACC to act in a manner that gives confidence to would-be whistle-blowers; that they would be protected even under this hostile environment.
That is why those who are genuinely interested in fighting corruption in our country should strive to ensure that there is something inserted in our laws to protect whistle-blowers. Most of the people involved in corruption are so powerful and influential that they can use their power and influence to protect themselves by “dealing” with the whistle blower.
Labels: ACC, CORRUPTION, DEC, EDITORIAL, RYAN CHITOBA
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Transfer of employees at DEC worries ACC
By Noel Sichalwe and Sandra Lombe
Saturday July 28, 2007 [04:01]
ANTI-Corruption Commission (ACC) director general Nixon Banda has expressed worry at the manner DEC Commissioner Ryan Chitoba is transferring employees suspected to be whistle blowers in the abuse of authority of office scandal. And Banda had indicated that ACC would ask Ministry of Home Affairs permanent secretary Peter Mumba to stop
transfers of DEC officers if it was established that they are possible witnesses.
Meanwhile, Banda has said investigations into Southern Province minister Joseph Mulyata's abuse of office allegations have reached an advanced stage. Addressing the press yesterday, Banda said the ACC was studying the matter to see how it could help. He said the reported transfer of DEC employees suspected to have been whistle blowers could have been an administrative matter.
"The current ACC Act does not contain the provision for the protection of whistle blowers but there is an Act that provides for protection of potential witnesses," Banda said.
"Some of these people are going to be our witnesses. We are studying to see how they can be protected. If some people will be found to be witnesses, we will ask the PS (permanent secretary - home affairs) to stop the movement of these people so they can testify."
Banda also said that ACC could not at the moment recommend whether Chitoba should be sent on forced leave or not.
"The matter is still under investigation, when we reach where it is necessary, then we will make recommendations."
ACC recently started investigating Chitoba for abuse of office involving about K1 billion.
Chitoba has transferred and demoted about 10 officers suspected to have leaked information relating to financial scandals surrounding the institution.
Banda confirmed the ACC was investigating allegations of suspected abuse of office against Mulyata and Chitoba.
He said he could not provide details of their enquiries into Mulyata and Chitoba for fear of jeopardising their investigations.
He said Mulyata was being investigated because he used his office to release Lusaka businessman Geoffrey Bwalya Mwamba's Germinis bus before it could be cleared for overloading.
And Banda said the investigations in the allegations of corruption in the Ministry of Lands were still continuing and that ACC expected more arrests soon.
He said in the second quarter, three suspects, who included former lands minister Gladys Nyirongo, former commission of lands Frighton Sichone and Samuel Daka who was acting head of estates and valuation in the ministry, were arrested.
"We expect more to be arrested soon. However, it would not be appropriate for me to furnish you with further details of these cases at this stage as this would prejudice the investigations," Banda said.
He also said the process of ascertaining the value of properties was continuing.
Banda said so far 146 properties of industrial, residential, farm plots and six motor vehicles had been seized from the suspects.
"Soon we will be making recommendations to the Ministry of Lands on disposal of some of these properties," Banda said.
Banda said in the second quarter the commission had registered 14 new prosecution cases.
He said the convictions remained at four and two acquittals.
Banda said during the same period the commission received a total of 523 corruption and non-corruption reports.
"Lusaka recorded the highest at 271 whilst Mongu recorded lowest at 17. Out of these, 240 were corruption related complaints whilst 283 were non-corruption related complaints and treated as information received," Banda said.
"Of the 523 cases, 110 were authorised for investigations while 413 were deemed not to be pursuable."
Banda said complaints against officials in the ministries, departments and agencies from January to July were 444 whilst complaints against the private sector totaled 222.
He said 75 cases were closed in the second quarter and said reasons for closing the cases varied from lack of evidence to non-availability of witnesses.
Banda said other cases had been recommended for administrative action by relevant authorities.
He said 14 arrests had been made in the second quarter for various corruption cases.
Banda said the commission undertook a number of programmes in efforts to enhance more stakeholders' involvement in institutionalising prevention to achieve its goal of reducing levels of corruption in the country.
He said through ACC's joint operations and exercises with other departments and institutions, the commission participated in the prevention of corruption in the enrolment of students at Zambia Enrolled Nurses schools countrywide.
Banda said the report had been sent to the Zambia Nursing Council and recommendations were yet to be discussed.
He said the commission participated in the prevention of enrolment of students at colleges of education countrywide and in the manner the recruitment of new teachers was done at the Ministry of Education.
"The programmes which are on going are the prevention exercise in the allocation of rooms to students at the University of Zambia in Lusaka, Passport Office, purchase of maize from farmers by the Food Reserve Agency and the fertilizer support programme among others," Banda said.
He said earlier reports on the above had left much to be desired.
The commission during the same period had various activities among them radio programmes, discussion fora, and youth festival and community education.
Labels: ACC, CORRUPTION, DEC, JOSEPH MULYATA, NIXON BANDA, RYAN CHITOBA
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Chitoba acts on 'suspected' whistleblowers
By Noel Sichalwe
Friday July 27, 2007 [04:00]
DRUG Enforcement Commission (DEC) Commissioner Ryan Chitoba (right) has transferred and demoted about 10 officers that are suspected to have leaked information relating to financial scandals surrounding the institution. This follows Anti-Corruption Commission (ACC) investigations into the abuse of office allegations against Chitoba and his deputy Jacob Koyi.
Among those transferred is Jackline Chisi who has been taken from headquarters to Solwezi.
Chisi was also demoted by seven ranks from that of senior human resource personnel to a clerk while a Malambo, assistant commissioner, has been transferred to Ndola.
Others are Mercy Lungwane, an assistant investigations officer who has been transferred to Mpulungu, Patson Chiwala, a senior investigations officer and his wife Hope Chiwala, an investigations officer who have been posted to Kabompo while Mable Lumbwe, a clerk officer has been posted to Kasama.
Bridget Kafwimbi, an investigations officer has been taken to Kasempa, Chansa Chibwe, a senior investigations officer has been transferred to Kabwe, Justine Phiri, a senior investigations officer has been posted to Mansa and Anice Luwi, an assistant investigations officer has been posted to Mpulungu.
Sources said Malambo was transferred after querying and asking Stephen Chiyanzo, Chitoba’s nephew, to exculpate himself for carrying a loaded firearm when he was not entitled to do so.
The sources said when Chitoba heard of the incident, he wondered why Malambo queried Chiyanzo without seeking permission from command. He then decided to transfer Malambo for chastising Chiyanzo.
In his exculpatory letter, Chiyanzo who is assistant investigations officer stated that he got the gun for protection after knocking off from work late. He said the crime rate in his residential area was high and he wanted to secure himself.
Transparency International Zambia (TIZ) president Reuben Lifuka on Wednesday called on President Mwanawasa to suspend Chitoba and Koyi to pave way for investigations on abuse of office allegations.
“We fear that the patriotic DEC officers that have given us this information will be exposed as long as Mr Chitoba and Mr Koyi still remain in the office. This is why the President should suspend the two commissioners to pave way for investigations,” he said.
Labels: CORRUPTION, DEC, RYAN CHITOBA, TIZ, WHISTLE BLOWERS
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