KK appeals against High Court judgment
By Namatama Mundia
Fri 29 Nov. 2013, 14:01 CAT
DR Kenneth Kaunda has appealed to the Supreme Court against the Lusaka High Court's refusal to set aside a judgment in default that ordered him to pay over US $1.2 million (about K6 million) to five Lusaka law firms who represented him in civil and criminal cases.
This is in a matter in which Sakwiba Sikota's Central Chambers, Lukona Chambers, Patrick Mvunga and Associates, Lighthouse Chambers and Dove Chambers, the plaintiffs in the matter, sued Dr Kaunda and Sebastian Zulu as representatives of UNIP, claiming payment of US$1,208,026.25 plus interest and costs.
This related to the misprision of treason case, citizenship case, Black Mamba case, Kabwe assassination attempt and a presidential petition in which Dr Kaunda retained them.
The plaintiffs stated that Dr Kaunda failed to pay the money despite numerous reminders.
However, Dr Kaunda in his affidavit in opposition had stated that the plaintiffs volunteered their services and at no time during their conduct of the matters did they disclose that they were going to charge him legal fees.
But the Lusaka High Court deputy registrar on December 8, 1998 entered a judgment in default of appearance in favour of the plaintiffs in the sum of US1,208,026.25 with interests and costs.
Soon after the judgment, Dr Kaunda and Zulu applied that the default judgment be set aside.
The defendant appealed to the High Court and judge Dominic Sichinga on November 18, ruled that after considering the grounds of appeal, he found that Dr Kaunda's evidence that he thought the lawyers who sued him were retained on pro bono basis flew in the teeth of the averments he made in his affidavit that he instructed them to represent him personally and Zulu.
But judge Sichinga stated that Dr Kenneth had admitted in his affidavit that he instructed the plaintiffs to defend him but that he was now denying it.
"Further, it has been 15 years since the default judgment was made. I have considered the prejudice which would be occasioned as against the plaintiff. I am of the view that that prejudice is quite real," judge Sichinga ruled.
"In view of the fore stated, this appeal fails. I decline to set aside the default judgment entered on 18th day of December, 1998 as it lacks merit and I find that there has been inordinate delay. Leave to appeal to the Supreme Court is granted. Each party to bear their own costs."
According to a grounds of appeal filed in the Supreme Court, Dr Kaunda and Zulu have filed five grounds against the whole judgment of judge Sichinga.
The duo stated that judge Sichinga erred in law and in fact when he refused to set aside the default judgment and held that the application lacked merit without adjudicating on the evidence adduced before him that the basis of filing the action in issue was meant to help them raise money from well-wishers and that the amounts indicated in the action were based on estimates.
The appellants further stated that the judge erred in law and fact in not appreciating the fact that the alleged admission by Dr Kaunda to have instructed the respondents was contextualised and had to be read with other affidavits explaining the background and issues surrounding the matter in their entirety.
The appellants also stated that the admission was not an admission as to the amounts claimed.
Dr Kaunda and Zulu stated that the judge also erred when he refused to set aside the ruling without adjudicating on whether the action by the respondents was in compliance with the legal practitioners Act Chapter 30 of the Laws of Zambia.
In ground four, the appellants stated that the evaluation of the evidence by the court below was not balanced because only evidence against the appellants was analysed and relied on while evidence in favour of them was not analysed in the ruling such as the fact that the filing of the action was not used as a fundraising venture.
The appellants added that judge Sichinga erred in law by finding that there was inordinate delay.
Labels: COURTS, KENNETH KAUNDA, SAKWIBA SIKOTA
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Rupiah goes vulgar
By Mwala Kalaluka
Thu 11 July 2013, 14:01 CAT
RUPIAH Banda yesterday turned to vulgar language on the issue of his passport and knee problem.
And Banda's sympathisers threatened Major Richard Kachingwe shortly after he concluded his evidence-in-chief in a case where the former president is facing charges related to a Nigerian oil deal.
Banda said assertions that he had a knee problem were just a fantasy.
"I don't know about that. All I know is that they said I can apply for my diplomatic passport to be reinstated but I have no knee problem. That is all what I want to say… kapena eve yake isaima (unless his which doesn't erect)," said Banda without specifying who he was referring to and while wagging his index finger in front of him.
Earlier after the court session, Banda, without being asked any question caught journalists unawares and started talking to himself about his knee.
"My knees are okay! My knees are okay! My knees are okay! That is just a fantasy," as journalists scrambled to get notes from Banda who doesn't usually give interviews after court sessions.
Banda's supporters heartily laughed at his remarks.
On Monday, Banda arrived at the Lusaka Magistrates' Court complaining audibly, about his leg.
"This leg is giving me pain, it started over the weekend," Banda said to his sympathisers as he disembarked from his official motor vehicle outside the court complex.
And in an interview at the Lusaka Magistrates' Court, his senior private secretary Mikatazo Wakumelo said sooner or later, Banda would be required to go to South Africa for medical check-up.
"Yes, that knee problem is not new, he has had it for some time now and sooner or later he will be required to travel. Unfortunately, he will have to travel to South Africa where they (the state) do not want him to go," he said.
Asked if there was anything stopping Banda from fleeing once he leaves the country, Wakumelo said it was not his nature.
"Banda has travelled before after leaving the government, he has not run away. Why would he run away now?" he wondered.
And yesterday after Banda bade farewell to a paltry crowd of sympathisers that thronged his motor vehicle outside the Lusaka Magistrates' Court complex, they remained behind to wait for Maj Kachingwe who was still inside the court complex under police guard.
Notable among the group was UPND leader Hakainde Hichilema's special advisor William Banda and some known MMD and UPND cadres.
As soon as they realised that Maj Kachingwe was being driven away from the court premises, they rushed to the back of the complex and hurled verbal threats at him.
"Ichi chikazizi there is that owl," one of the sympathisers shouted as Maj Kachingwe waved at her from the safety of the moving motor vehicle. "Venzo kunyopola nawo a Banda they were eating together with Banda. Chi criminal naimwe paka muzangenamo this criminal even you will be arrested."
Another male sympathiser shouted that they would beat up Maj Kachingwe because he was a criminal.
Meanwhile, Director of Public Prosecutions, Mutembo Nchito, yesterday told Banda's lawyers that there is a limit to which they can play to the gallery.
This is a matter where Banda, 75 of plot number 2758, off Leopards Hill Road, Lusaka is facing abuse of authority of office charges in relation to the alleged illegal procurement of oil from Nigeria to the tune of US$2.5 million, whose proceeds were alleged to have gone into an offshore account.
When the matter before Lusaka chief resident magistrate Joshua Banda came up for continued hearing yesterday, Nchito led Maj Kachingwe in identifying some of the documents relating to his testimony in the matter.
Maj Kachingwe, the expelled MMD national secretary, confirmed the various documents which were marked for identification.
"I confirm this is the letter I collected and handed over to the president," he said after being shown a letter from the Nigerian National Petroleum Company NNPC dated March 21, 2011. "I called president Banda that the contract was about to be signed…I quickly came here I was funded and I went back."
After identifying the various documents, Nchito availed Maj Kachingwe for cross-examination by the defence.
However, one of Banda's lawyers, Lubinda Linyama, applied for an adjournment to allow the defence to peruse the bulky documentation that the prosecution had just identified.
He said even though time was of the essence, adjourning the matter for 24 hours was the only way the defence could be helpful to the court as well as rendering professional service to Banda.
Another defence lawyer, Sakwiba Sikota said the State had asked for three months to organise its documents and that as such the defence's application for an adjournment was reasonable and non-obstructive.
"We have just been given these documents today," he said.
"Otherwise we will have a very haphazard cross-examination."
In response, Nchito said two days had been lost and that every effort must be undertaken to make as much progress as possible.
"It is a balancing act. I would have been flattered if my colleagues had said maybe we stand down the matter and come back in the afternoon because it is also true that my colleagues had three months to prepare for cross-examination," he said.
But Sikota said the defence had a 61-paged document to go through and they had asked for a day to go through it instead of the three months that the prosecution had asked to organise themselves in terms of documentation.
Nchito reacted and told Sikota that he was straying and being mischievous.
"There is a limit in playing to the gallery," said Nchito, as Sikota responded: "I am not playing to the gallery."
Nchito said Sikota was a very senior lawyer who knew that the State had not asked for the three months being referred to and magistrate Banda agreed with Nchito.
Magistrate Banda later allowed the defence's application and adjourned hearing to the whole of today.
Labels: RICHARD KACHINGWE, RUPIAH BANDA, SAKWIBA SIKOTA
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Rupiah to attend SA roundtable
By Namatama Mundia and Agness Changala
Fri 07 June 2013, 14:01 CAT
FORMER president Rupiah Banda is today expected to leave for South Africa to attend the 2013 African presidential roundtable following the release of his passport by the Lusaka High Court.
Lusaka High Court judge-in-charge Jane Kabuka yesterday ordered the release of Banda's passport following an application by his lawyers led by Sakwiba Sikota.
Earlier, Banda had applied in the Lusaka Magistrates' Court for variation of his police bond but chief resident magistrate Joshua Banda and principal resident magistrate Obbister Musukwa in separate rulings dismissed the application saying their inherit powers were limited as they could only extend a police bond but advised Banda's lawyers to make the application before the High Court.
Sikota confirmed after the ruling which was delivered in chambers that Banda's passport had been released to his surety and administrative assistant Mikatazo Wakumelo.
He said judge Kabuka stated that the court would be looking at Banda's applications to release his passport as they come.
"Each time he (Banda) has to travel, an application will have to be made," Sikota said.
He said Banda would still travel for the roundtable meeting even if he was late by a day saying the meeting runs up to Sunday. Banda will be accompanied by Wakumelo and former economic advisor Richard Chembe.
And Banda would this morning leave for South Africa following the release of his passport.
"The Boston University African Presidential Centre has re-booked the former head of state on tomorrow's today South African Airways flight departing Lusaka at 07:15 hours as the last flight today yesterday had already left by the time the passport was being released," stated Banda's deputy administrative assistant Kennedy Limwanya.
He stated that Banda's slot at the roundtable had since been moved to today and would among other things, moderate in session-two under the subject 'Making Government Work', whose discussant would be former Mauritius president Karl Auguste Offmann.
Limwanya further stated that Banda will also be in time for session-three to be moderated by former Zanzibar president Amani Abeid Karume under the title 'Democracy: The Social Contract'.
Other notable personalities attending the African Presidential; roundtable are former Mozambican president Joaquim Chissano, former Tanzanian president Ali Hassan Mwinyi, former South African president Thabo Mbeki, former Kenyan prime minister Raila Odinga and Martin Luther King junior, a professor of ethical leadership at Boston University.
Labels: RUPIAH BANDA, SAKWIBA SIKOTA
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LAZ asks Sikota to respond to Essa's professional misconduct accusations
By Ernest Chanda
Tue 09 Oct. 2012, 12:00 CAT
LAZ has given Lusaka lawyer Sakwiba Sikota 14 days within which to respond to allegations of professional misconduct raised against him by former Mahtani Group of Companies legal counsel Zaheeda Essa.
On September 26, 2012, Essa wrote to the LAZ's Legal Practitioners Committee, accusing Sikota and others of forcing her to disclose information against her client Rajan Mahtani.
In a letter to Sikota's law firm Central Chambers dated October 1, 2012 and signed by Law Association of Zambia administrative assistant Sipelile Mwilwa and copied to Essa, the lawyers' body warned that it would hear his case in absentia if he did not respond to the allegation within the specified period.
"Please find enclosed herewith copy of a complaint received against yourselves. Kindly let us have (3) three copies of your response within the next 14 days from the date hereof," stated LAZ.
"Please note that the Committee may proceed to hear and determine the complaint in absence of your response."
Essa, a British national resident at 2A/14/377a, Chila Road, Kabulonga, Lusaka, who is also an advocate of the High Court of Zambia practicing under the name AED Advocates, said she was forced by Sikota on instructions from former president Rupiah Banda to engage in activities detrimental to Dr Mahtani's business interests.
In her letter to the LAZ's Legal Practitioners Committee honourary secretary Mrs Mutimushi, dated September 26, 2012, Essa accused Sikota of professional misconduct and that circumstances attending to the complaint were contained in her affidavit.
"For the period May 2005 to November 2010, I was Legal Counsel for the Mahtani Group of Companies MGC," Essa's affidavit read. "Shortly before leaving my employment with the MGC, against my free will and choice, I was forced to engage in activities which were detrimental to the interests of the MGC, its employees as well as my own interests as a person and legal practitioner."
She submitted that against her free will, Drug Enforcement Commission DEC officers made her a witness in criminal proceedings against some of the officers of the MGC and that she was forced by the officers to discuss matters and information that had come to her in her capacity as Legal Counsel for MGC.
"At the insistence of the officers of DEC working together with Mr Sakwiba Sikota of Central Chambers, who was acting for and on behalf of his clients namely, Messrs Mohamed Salama, of Flame Promotions and Procurements Limited, Oddyseas Mandenakis, of Ody's Works Limited and Hotellier Limited and Mr Antonio Ventriglia, of Zambia Portland Cement ZPC," she stated, "I was forced to sign affidavits and witness statements which were later, without my knowledge, used in various cases in which some of the companies in the MGC were or are involved."
And in her confidential letter to Libongani dated September 26, 2012, Essa stated that her complaint was against Sikota and his clients Mohamed Salama, Odysseas Mandanakis and Antonio Ventriglia, who she accused of committing extortion.
"I would like to lodge a complaint against the aforementioned persons the offence of extortion pursuant to Section 297 of the Penal Code and any other offence you may deem fit. The brief circumstances leading to this criminal complaint lie in my affidavit, copy whereof I enclose," stated Essa.
Labels: LAZ, SAKWIBA SIKOTA
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COMMENT - Trying to bend over backwards to break the law and get yourself arrested doesn't mean you are being victimised. This is the game the UPND and MMD are playing, because they have no policies they can market to Zambians or that Zambians haven't seen and experienced already. Right now, the opposition are just opposing for the sake of opposing.
UPND leader Hakainde Hichilema has been arrested
TIME PUBLISHED - Monday, August 13, 2012, 1:37 pm
Police have arrested United Party for National Development (UPND) leader Hakainde Hichilema.
This was after Mr Hichilema was questioned at the Force Headquarters in connection with his recent statement alleging that the PF Government had sent youth to Sudan to be trained as militias, a statement he refused to retract.
Mr Hichilema is also believed to have been questioned in relation to his recent visit to Evelyn Hone College.
One of his lawyers who accompanied him to the Police headquarters Sakwiba Sikota hinted to journalists that the UPND leader has been charged with treason.
Mr Hichilema has since been taken to the Magistrate court were the charges against him are expected to be read out.
Earlier Police were forced to change the room were Mr Hichilema was to be questioned from, after the UPND leader refused to be interrogated from upstairs in preference for a room on the ground floor of the building.
He cited the incident last week when he together with his cadres were tear-gassed on the second floor when he was summoned at Lusaka central Police.
QFM
Labels: HAKAINDE HICHILEMA, PROPAGANDA, SAKWIBA SIKOTA, TREASON, UPND
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Charges against me are flimsy - Dora
By Mwala Kalaluka and Agness Changala
Wed 04 Apr. 2012, 13:00 CAT
DORA Siliya yesterday described the two radar installation tender-related charges upon which she was arrested on Monday as a charade by little men just caressing their ego.
Speaking to journalists outside the Lusaka Magistrates' Court holding cell after she was released on a K50 million cash bail yesterday afternoon, Siliya, 41, said it was quite interesting visiting the government Hilton Hotel Woodlands Police female cell for a night.
"It was quite interesting visiting the government Hilton Hotel. I had some interesting company and listened to some very interesting stories, really insight, really," said Siliya, a former transport and communication minister and MMD legislator for Petauke Central.
"I believe that the charges against me are flimsy. I believe that this is once again the arrogance, I believe, of little men to caress their ego because we have gone through these charges before. You the Zambian taxpayers have paid already for me to go to a tribunal for almost a month over the same charges with High Court and Supreme Court judges."
Buoyed by the presence of a small number of MMD cadres and with her lawyer, Sakwiba Sikota standing next to her, Siliya described her arrest as a continued persecution of former government leaders, especially those in the MMD.
"I believe that this is intended to divert attention from the promises that they made, themselves, to the people of Zambia such as the promise that they were going to create jobs for many young Zambians in 90 days, the promise that they were going to put more money in the pockets of the workers who are expecting a huge salary increase," said Siliya who was clad in a black dress and an MMD turban.
"I believe that this is a diversion on the issues they promised, particularly the people of Western Province on the issue of the Barotse Agreement."
Siliya said her arrest was a diversion from stories that the government wanted to spend K5 billion to make sure that they can monitor mobile phones, the internet and know who is talking to who.
"I believe that this is part of the diversion from the assault on democracy they carried with a blanket petition even after they had won an election, to make sure that we have unnecessary by-elections in some cases," Siliya said.
Siliya wondered why today it was only the Director of Public Prosecutions DPP Mutembo Nchito who seemed to be the cleverest in the entire Judiciary.
"And not the Supreme Court judges who looked at these allegations when I was going through the tribunal. If there is more money in the pocket instead of spending it on repeat charges, we should be putting money in the pockets of you young people, many of you here today, so that you can enjoy the promise of the PF but unfortunately, I believe that this is not going to happen," Siliya continued.
"And I am sure this is not the first time that many of us will be spending nights in the cells even yesterday the attempt to deny me bail which is my right because this is a bailable offence, is again a problem of the ego of small men. I believe that this should not be accepted."
Siliya said President Michael Sata was elected as a President for all Zambians and not just a President for the PF.
"I believe it is his responsibility to protect each citizen before the law. Because they themselves, are little men, they are scared to even go into the cells, they hide. They are scared to go before the judges, they cry foul and look for judges they believe are user-friendly to them," Siliya said.
"But I am confident that the Judiciary in this country has been tested and it has continued to prove that it is a judiciary that is professional and will not succumb to political pressure."
Siliya said she was very grateful to the officers that she spent time with.
"I know that they were under undue political pressure but they were very friendly and I was very happy to meet them," Siliya said.
"So really I believe that this has been a charade of small men with small minds who want to caress their ego. For me if we can't trust two Supreme Court judges and a High Court judge who sat on the tribunal, which you Zambians paid for, then I really don't know why we would want to believe that only one person, the DPP's office, is the cleverest of them all."
Siliya pleaded not guilty to two counts of abuse of authority of office before Lusaka chief resident magistrate Joshua Banda yesterday morning.
Siliya is in the first count alleged to have directed the cancellation of a duly awarded tender for the supply, delivery, installation and commissioning of the Zambia Air Traffic Management Surveillance Radar System to Thales Air System SA.
She is in the second count alleged to have accepted a free offer from Selex Sistemi Integrati S.P.A for the repair of a radar head at the then Lusaka International Airport without following procedure.
The joint government investigative team says as a result of this free offer, the government lost K1,943, 932, 360.00.
Magistrate Banda after admitting Siliya to bail, set the date for commencement of trial in the matter where the state are going to call about 26 witnesses, as March 7, 2012.
As the small number of cadres dispersed to their homes with sombre looks on their faces, they were heard threatening to go and lock out MMD national secretary Maj Richard Kachingwe's office, because he does not attend court when MMD officials are being tried.
Among those that were on hand to offer solidarity to Siliya include disgraced journalist and MMD propagandist, Chanda Chimba III, Edwin Lifwekelo, Gregory Chifire and Lusaka Province MMD chairperson, William Banda.
Labels: CORRUPTION, DORA SILIYA, MMD, SAKWIBA SIKOTA
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Charges against me are flimsy - Dora
By Mwala Kalaluka and Agness Changala
Wed 04 Apr. 2012, 13:00 CAT
DORA Siliya yesterday described the two radar installation tender-related charges upon which she was arrested on Monday as a charade by little men just caressing their ego.
Speaking to journalists outside the Lusaka Magistrates' Court holding cell after she was released on a K50 million cash bail yesterday afternoon, Siliya, 41, said it was quite interesting visiting the government Hilton Hotel Woodlands Police female cell for a night.
"It was quite interesting visiting the government Hilton Hotel. I had some interesting company and listened to some very interesting stories, really insight, really," said Siliya, a former transport and communication minister and MMD legislator for Petauke Central.
"I believe that the charges against me are flimsy. I believe that this is once again the arrogance, I believe, of little men to caress their ego because we have gone through these charges before. You the Zambian taxpayers have paid already for me to go to a tribunal for almost a month over the same charges with High Court and Supreme Court judges."
Buoyed by the presence of a small number of MMD cadres and with her lawyer, Sakwiba Sikota standing next to her, Siliya described her arrest as a continued persecution of former government leaders, especially those in the MMD.
"I believe that this is intended to divert attention from the promises that they made, themselves, to the people of Zambia such as the promise that they were going to create jobs for many young Zambians in 90 days, the promise that they were going to put more money in the pockets of the workers who are expecting a huge salary increase," said Siliya who was clad in a black dress and an MMD turban.
"I believe that this is a diversion on the issues they promised, particularly the people of Western Province on the issue of the Barotse Agreement."
Siliya said her arrest was a diversion from stories that the government wanted to spend K5 billion to make sure that they can monitor mobile phones, the internet and know who is talking to who.
"I believe that this is part of the diversion from the assault on democracy they carried with a blanket petition even after they had won an election, to make sure that we have unnecessary by-elections in some cases," Siliya said.
Siliya wondered why today it was only the Director of Public Prosecutions DPP Mutembo Nchito who seemed to be the cleverest in the entire Judiciary.
"And not the Supreme Court judges who looked at these allegations when I was going through the tribunal. If there is more money in the pocket instead of spending it on repeat charges, we should be putting money in the pockets of you young people, many of you here today, so that you can enjoy the promise of the PF but unfortunately, I believe that this is not going to happen," Siliya continued.
"And I am sure this is not the first time that many of us will be spending nights in the cells even yesterday the attempt to deny me bail which is my right because this is a bailable offence, is again a problem of the ego of small men. I believe that this should not be accepted."
Siliya said President Michael Sata was elected as a President for all Zambians and not just a President for the PF.
"I believe it is his responsibility to protect each citizen before the law. Because they themselves, are little men, they are scared to even go into the cells, they hide. They are scared to go before the judges, they cry foul and look for judges they believe are user-friendly to them," Siliya said.
"But I am confident that the Judiciary in this country has been tested and it has continued to prove that it is a judiciary that is professional and will not succumb to political pressure."
Siliya said she was very grateful to the officers that she spent time with.
"I know that they were under undue political pressure but they were very friendly and I was very happy to meet them," Siliya said.
"So really I believe that this has been a charade of small men with small minds who want to caress their ego. For me if we can't trust two Supreme Court judges and a High Court judge who sat on the tribunal, which you Zambians paid for, then I really don't know why we would want to believe that only one person, the DPP's office, is the cleverest of them all."
Siliya pleaded not guilty to two counts of abuse of authority of office before Lusaka chief resident magistrate Joshua Banda yesterday morning.
Siliya is in the first count alleged to have directed the cancellation of a duly awarded tender for the supply, delivery, installation and commissioning of the Zambia Air Traffic Management Surveillance Radar System to Thales Air System SA.
She is in the second count alleged to have accepted a free offer from Selex Sistemi Integrati S.P.A for the repair of a radar head at the then Lusaka International Airport without following procedure.
The joint government investigative team says as a result of this free offer, the government lost K1,943, 932, 360.00.
Magistrate Banda after admitting Siliya to bail, set the date for commencement of trial in the matter where the state are going to call about 26 witnesses, as March 7, 2012.
As the small number of cadres dispersed to their homes with sombre looks on their faces, they were heard threatening to go and lock out MMD national secretary Maj Richard Kachingwe's office, because he does not attend court when MMD officials are being tried.
Among those that were on hand to offer solidarity to Siliya include disgraced journalist and MMD propagandist, Chanda Chimba III, Edwin Lifwekelo, Gregory Chifire and Lusaka Province MMD chairperson, William Banda.
Labels: CORRUPTION, DORA SILIYA, MMD, SAKWIBA SIKOTA
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COMMENT - Don't think of it as prison, think of it as the MMD Weightwatchers Program.
Cops lock up Dora for abuse of office
By Mwala Kalaluka and Kombe Chimpinde
Tue 03 Apr. 2012, 13:00 CAT
DORA Siliya yesterday asked police officers why there were no seats in the female cell at Woodlands Police Station after she was arrested, charged and locked up over a radar installation deal. And Lusaka lawyer Sakwiba Sakwiba expressed shock at the turn of events as he was not expecting his client to be arrested yesterday.
The joint state investigative team spokesperson Charity Munganga-Chanda told journalists at Woodlands Police Station yesterday that Siliya had been arrested and charged with Abuse of Authority of Office contrary to the Laws of Zambia.
Siliya, a former transport and communication minister in the Rupiah Banda regime, looked uneasy as police officers asked her to remove her handbag, slippers, ring and wrist-watch in preparation for detention.
However, Siliya, also MMD member of parliament for Petauke Central, refused to give up her spectacles because she could not see without them and she further resisted removing her slippers in the glare of the waiting journalists outside the police station.
"In the first count, she is alleged to have directed the cancellation of a duly awarded tender for the supply, delivery, installation and commissioning of the Zambia Air Traffic Management Surveillance Radar System to Thales Air System SA," Munganga-Chanda said.
"In the second count, Honourable Siliya is alleged to have accepted a free offer from Selex Sistemi Integrati S.P.A for the repair of a radar head at the then Lusaka International Airport without following procedure."
Munganga-Chanda said as result of this free offer, the government lost K1,943, 932, 360.
She said Siliya would appear in court today.
And Sikota said he did not know that the investigative team had premeditated Siliya's arrest.
"They had already even prepared a statement and everything, everything was well-planned. So I will read their statement and that is when I will respond. I didn't know that they had premeditated everything."
Sikota also said the police had been instructed not to release Siliya on bond.
Meanwhile, police sources said as Siliya, who insisted to enter into the cell with her slippers on, was entering the cell at around 16:50 hours, she audibly complained as to why there were no seats in there.
"She was saying 'there are no seats here and you people know that I have got a leg problem'," the sources narrated.
The sources said Siliya expressed anxiety when she was finally placed in the cell and a female police officer was seen coming out of the cell with her grey and black slippers.
A small number of MMD cadres that at times looked disorganised and ultimately gloomy, were on hand to offer Siliya solidarity and they even followed her from the former Task Force on Corruption offices where she first appeared after 14:00 hours to Woodlands Police Station from where she was detained.
Among the notable figures that were present during Siliya's arraignment include Chisamba MMD member of parliament Moses Muteteka with his Sinda counterpart Levy Ngoma, who was seen carrying Siliya's brown handbag as she was being led to the cell.
Former president Banda used to refer to Siliya as ‘Smart Dora'.
Labels: CORRUPTION, DORA SILIYA, MMD, SAKWIBA SIKOTA, ZAMTEL
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Dora Siliya arrested and denied bail
TIME PUBLISHED - Monday, April 2, 2012, 5:51 pm
MMD spokesperson Dora Siliya has been charged and arrested for the abuse of authority of office.
Ms Siliya was arrested and taken into custody at Woodlands police station this afternoon and according to her lawyer Sakwiba Sikota,she was denied bail.Mr Sikota said people at Woodlands police station had received instructions not to give Ms Siliya a bond.
Ms Dora Siliya who is the former Transport and Communications Minister in the MMD administration is alleged to have directed the cancellation of a duly awarded tender for the supply, delivery,installation and commissioning of the Zambia Air Traffic Management surveillance Radar system to Thales Air System SA.
She is also said to have accepted a free offer from Selex Systemi Integrati S.P.A for the repair of a Radar head at the Lusaka International Airport without following procedure. Ms Siliya will appear in court tomorrow.
Labels: CORRUPTION, DORA SILIYA, MMD, SAKWIBA SIKOTA, ZAMTEL
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COMMENT - The Zambian Government paid $334 million to 'retain it's 25% shares in Zamtel', and then sold the 75% for $257 million. In other words, under the MMD and Rupiah Banda, to Libya,
the Zambian government paid $77 million to sell 75% of something it already owned. Dora is damned if she doesn't avail herself today - Saki
By Ernest Chanda
Mon 09 Jan. 2012, 13:58 CAT
DORA Siliya is damned if she doesn't appear before a team of investigators today, says her lawyer Sakwiba Sikota.
In an interview yesterday, Sikota who confirmed that Dora would appear before a combined team of investigators from the Zambia Police, Anti Corruption Commission and the Drug Enforcement Commission at 8:30 hours today, complained that the media had not treated his client fairly in the way they reported about her impending arrest.
Siliya, who served as communications and education minister in the Rupiah Banda administration, was supposed to have been arrested on Thursday last week by a combined team of officers from the Zambia Police, Anti Corruption Commission and the Drug Enforcement Commission over her involvement in the sale of Zamtel and the supply of radar equipment to two international airports.
However, she could not turn herself in due to an illness.
Sikota complained that if Siliya did not appear before law enforcement officers today, the media would think she had faked illness.
"Her condition is still as it was. But in spite of that, seeing that even yourselves when you talk about her, you put her sickness in inverted commas and so on. If she doesn't appear, you are going to keep on saying as you've been saying in your paper," Sikota said.
"You don't seem to believe that she's ill, so in spite of that; because of the way the media is treating her she will be attending tomorrow, she will haul herself out of that…"
Asked if Siliya was not compromising her health by abandoning the doctor's advice, Sikota responded:
"She is, but then she's found herself in this position because of the fact that you the press are not sympathetic at all. So she's damned if she doesn't. If she insists on her health you are going to say ‘oh, she's feigning it!' That's why I'm saying she's damned if she doesn't. But, yes she is compromising her health, most unfortunately."
On Friday, Siliya instructed hospital staff at Fairview Medical Centre where she is admitted that no visitor should be allowed to see her without her consent and clearance.
Siliya, while serving as communications minister, single-sourced RP Capital Partners of Cayman Islands to value the assets of Zamtel before the company's 75 per cent shares were subsequently sold to Lap Green of Libya for a paltry US$ 257 million - about K1.3 trillion.
And the Zambian government paid US$334 million (about K1.7 trillion) to retain its remaining 25 per cent shares in the telecommunication company during its privatisation.
Labels: CORRUPTION, DORA SILIYA, RUPIAH BANDA, SAKWIBA SIKOTA, ZAMTEL
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Dora Siliya fails to show up for questioning
TIME PUBLISHED - Thursday, January 5, 2012, 6:48 pm
Summoned former transport and communication minister Dora Siliya this afternoon failed to avail herself for questioning before a combined team of law enforcement officers over the sale of Zamtel.
Ms. Siliya was expected to report at the task force offices in Lusaka’s woodlands area at about 14 00hrs.
Journalists waited in vain the whole afternoon for Ms Siliya who was expected by the law enforcement officers.
The officers from the investigative wings who were suppose to interrogate Ms Siliya were also made to wait in vain.
Reporters were later briefed by a police officer that Ms. Siliya was unable to come after waiting for her for about one hour, thirty minutes.
And when contacted via phone by QFM news, Ms. Siliya’s lawyer Sakwiba Sikota said he could not talk to QFM but later reversed his statement by promising to call back and give details concerning his client’s absence which he never did.
Police spokesperson Elizabeth Kanjela later told QM news that the police had been informed by lawyer Sakwiba Sikota that his client was unwell.
Ms. Kanjela noted that the police will consider rescheduling the dates for questioning to allow Ms. Siliya to recover.
QFM
Labels: CORRUPTION, DORA SILIYA, POLICE, SAKWIBA SIKOTA, ZAMTEL
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Police to press fresh charges against Mwale
By Mwala Kalaluka
Thu 29 Dec. 2011, 13:58 CAT
SECURITY agencies have told the Lusaka magistrates' court that they will institute fresh investigations against former mines minister Maxwell Mwale following information that a Chinese mining company paid duty for his electoral campaign bicycles.
But Mwale's lawyer, Sakwiba Sikota says moves by a combined team of investigative agencies to record a fresh statement from his client when he is already before the court are unfair.
Sources yesterday disclosed that the search at Mwale's Makeni home on Tuesday afternoon was meant to establish how some bicycles found in his possession were procured.
"We feel there was corruption in the way the bicycles were bought," the source said.
"Quite alright, they were bought by his company but a Chinese company paid for the duty. How can a Chinese company pay duty for his bicycles when he was a mines minister?"
The sources said the Chinese mining firm that allegedly paid duty for Mwale's campaign bicycles was Zhongui Mining, which they said was awarded a mining licence in suspicious circumstances when Mwale was at the helm of the ministry of mines.
"So we are going with him after the trial at court and we shall warn and caution him there former Task Force on Corruption offices," the source said.
During the hearing of the case in which Mwale is facing one count of failing to account for 261 bicycles reasonably suspected to have been stolen before magistrate Banda yesterday, Sikota asked if the investigators could allow his client to have lunch before leading him to be interrogated.
One officer from the investigative agencies agreed to Sikota's request after confirming that they were poised to pick up Mwale immediately after the hearing.
But earlier during the hearing, Sikota described the conduct of the investigative wings as very sad.
Sikota said when the case was adjourned on Tuesday at 13:17 hours, a combined team of security officers accosted Mwale in order to go and search his home.
Sikota said the probe team concluded their search expedition at around 18:30 hours and they subsequently issued a notice of seizure of Mwale's tractor and trailer.
Sikota said the State was probing issues related to the same charge that Mwale was facing before magistrate Banda and he complained that the police wanted to compel Mwale to give evidence against himself.
"They have already brought him before this court, they can't be seen to be still conducting the investigations," Sikota said. "They can't be still taking statements from the accused person."
Sikota said the investigative wings' conduct was against Articles 11, 18 and 23 of the Republican Constitution and he asked magistrate Banda to refer the issues to the High Court for determination.
Sikota said it was clear Mwale was being discriminated and targeted because of his political affiliation to the opposition MMD.
He said his assertion that Mwale was being targeted was reinforced by Vice-President Dr Guy Scott's recent statement that investigations would be focused on the former MMD leaders.
"These are very serious issues that go to the core of fair treatment under the Constitution," Sikota said.
In response the State told Mwale to wait for new charges because they were coming.
They said the fresh investigations against Mwale had nothing to do with the matter that was already before magistrate Banda.
The state prosecutors argued that there was no bar to the extent to which a person appearing in court could be investigated over different matters.
They said investigations in the matter before magistrate Banda had been concluded and sealed.
The prosecutors said the matters brought before the courts were not targeted against any individuals or groups but that they were based on the information investigative officers had.
Magistrate Banda reserved ruling on Sikota's application to today.
Testifying in the matter, MMD national secretary Chembe Nyangu said he was surprised that Mwale's bicycles had become an issue.
Nyangu, 55, said he personally asked Mwale, being a senior member of the party, to contribute bicycles towards the by-elections that took place in the country's three constituencies and some local government elections.
Nyangu said he was the one that sent his driver in October this year to go and collect campaign bicycles that Mwale had pledged to contribute.
However, Nyangu said his driver called him the next morning to inform him that police had impounded the party's light truck, which was carrying the bicycles.
Nyangu said it was surprising and unreasonable to suspect Mwale over the bicycles because it was common knowledge that all political parties distribute bicycles to the electorate.
Nyangu said it was crucial for the MMD to have the bicycles because its motor vehicles had been impounded by the police.
Hearing continues.
Labels: CORRUPTION, MAXWELL MWALE, MDC CORRUPTION, SAKWIBA SIKOTA
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Police question Konga
By Mwala Kalaluka
Tue 27 Dec. 2011, 13:59 CAT
KENNETH Konga yesterday appeared before the law enforcement officers investigating plunder of national resources. Konga, who is former energy minister, appeared before the investigators for questioning at the offices of the former Task Force on Corruption around 15:00 hours in Woodlands.
His lawyer Sakwiba Sikota accompanied him. By press time, Konga and Sikota were still with the officers.
The officers had earlier seized a Hummer and two motorcycles from Konga in the on-going investigations of the previous regime's management of public resources.
Well-placed sources separately confirmed that a combined team of investigators from the Zambia Police, Anti Corruption Commission (ACC) and Drug Enforcement Commission (DEC) seized the propertiy from Konga, who is MMD member of parliament for Chavuma, on Wednesday last week.
When contacted last week, Konga could neither deny nor confirm the seizure of his property but referred the queries to the investigators.
"You must ask the law enforcement officers themselves. Talk to the officers, they are the ones who are doing that work. I don't have any comment to make," Konga said.
Further asked when his properties were seized, Konga responded: "Talk to the officers as I have indicated; they will confirm with you."
According to the sources, investigators were probing the way the previous government, at the time Konga served as energy minister, procured crude oil.
Asked about the probe of the crude oil deals his ministry entered into with two named firms, Konga responded: "I can't comment anything. I don't know if I am being probed. No one has brought it to my attention."
Labels: CORRUPTION, KENNETH KONGA, SAKWIBA SIKOTA
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Siliya’s house searched
Police, DEC ACC swing into action
By Times Reporter
A COMBINED team of Zambia Police Service, Drug Commission Enforcement (DEC), and Anti-Corruption Commission (ACC) yesterday searched former Education minister’s house Dora Siliya.
Police service spokesperson Elizabeth Kanjela refused to comment on the search, but said a comprehensive statement would be issued after conclusion of investigations which she did not elaborate.
The officers who took more than an hour at Ms Siliya’s residence, number 411 Independence Avenue, later drove off to unknown destination. Some of the officers in the search group were from Woodlands Police Station. Ms Siliya and her lawyer Sakwiba Sikota, who were present during the time of the search, refused to comment on the matter. Some police sources also said they could not give any details, saying they were still investigating the matter and would only do so after conclusion.
Meanwhile, Ms Siliya’s lawyer Sikota yesterday threatened to take legal action against journalists that were filming and getting pictures of Ms Siliya’s house. All the journalists were barred from witnessing the search of Ms Siliya’s residence, but when Mr Sikota noticed that some of them were filming the place from the gate he said he would take legal action against them.
“What you are doing is illegal, you cannot be filming private property without permission. “When we see that clip, we are going to sue the organisation that will show it,” he said.
Mr Sikota refused to give an interview to journalists who had gathered outside Ms Siliya’s house, saying they had “messed up” by invading private property. He said before driving off that “if you had not invaded and respected people’s privacy we would have talked.”
Labels: ACC, CORRUPTION, DEC, DORA SILIYA, SAKWIBA SIKOTA
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Ex-DEC chief gets K5m bail
By Maluba Jere
Thu 17 Nov. 2011, 14:00 CAT
FORMER Drug Enforcement Commission chief Aaron Zulu has been granted K5 million cash bail after appearing in the magistrates' court on a charge of abuse of authority of office.
57-year-old Zulu of house number three Jesmondine, who first appeared before chief resident magistrate Joshua Banda, had his matter allocated to principal resident magistrate Aridah Chulu where he appeared for mention.
When the case was called, Zambia Police senior legal officer Simon Tembo told magistrate Chulu that the matter was coming up for mention as the state was still awaiting consent from the Director of Public Prosecutions (DPP).
Tembo told the court that the matter should be mentioned and that Zulu should appear in court for another mention on November 23, 2011.
Zulu's lawyer Sakwiba Sikota applied for bail, saying the offence his client was charged with was bailable.
Sikota said Zulu was of fixed abode and that until his recent retirement as commissioner at DEC, he was in gainful employment.
He said Zulu was a Zambian who was able to provide sureties in an event that he is granted bail.
The state did not object to the bail application.
Magistrate Chulu then granted Zulu K5 million bail with two working sureties in the like sum but in their own recognisance.
Zulu, who was arrested on Tuesday, is charged with one count of abuse of authority of office contrary to Section 99 (1) of the Penal Code Chapter 87 of the Laws of Zambia.
It is alleged that Zulu on July 8, 2011, in Lusaka, being a person employed in the public service, namely DEC as commissioner abused the authority of his office and in breach of the laid down procedures sold or directed the sale of 118.897 kilogrammes of gold to Societe Financier Du Seujut SA at a value less than the market price, an act prejudicial to the rights or interests of the government.
Labels: CORRUPTION, DEC, GOLD, SAKWIBA SIKOTA
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COMMENT - Why do these bicycles show up all over the place?
Cops search Dora's house
By Bright Mukwasa
Sat 19 Nov. 2011, 12:30 CAT
POLICE yesterday searched the house of Petauke Central member of parliament Dora Siliya for over an hour. During a check at her house No 411 on Independence Avenue in Lusaka yesterday around 10:50 hours, police were seen inside her yard moving about in the presence of her lawyer Sakwiba Sikota.
Siliya, Sikota and the police only left the house around 11:40 hours to unknown destinations. Siliya, who is also MMD spokesperson, refused to talk to journalists who had camped outside her residence. According to police sources, Siliya is scheduled to appear for investigations on Monday in connection with some electric bicycles found at her house.
"We found 12 electric bicycles, we couldn't move them out because you the press had camped outside so we agreed that Ms Siliya proceeds with her parliamentary business to allow you press men to leave. But she is expected to report at the former Task Force offices for questioning on Monday in connection with the same materials," the source said.
Sikota also refused to disclose what the police had been doing in Siliya's house.
"Take down the name of that guy who invaded up there, once we see that clip which was taken, then we are suing that organisation because that's infringement of privacy, that's not allowed to be done," Sikota said as journalists insisted on knowing what was happening in inside the premises.
"No, no, if you had not invaded privacy, if you had respected people's privacy I would have talked to you. You have lost the opportunity by that invasion of privacy. You have messed up by invading privacy," said Sikota before leaving the premises.
Labels: CORRUPTION, DORA SILIYA, SAKWIBA SIKOTA
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Dora wasn't involved in Zamtel sale - Sikota
By Chiwoyu Sinyangwe
Sun 30 Oct. 2011, 20:50 CAT
DORA Siliya's name continues to be linked to the allegedly corrupt sale of Zamtel to Libya's LAP Green despite many legal proceedings, complains her lawyer Sakwiba Sikota.
Sikota, who spoke on behalf of Siliya when she was summoned to appear before the commission of inquiry probing the sale of Zamtel, NAPSA's procurement of land from Meanwood and NAPSA's US $98 million investment in ZNBS's Society House, said Siliya was not involved in the transaction.
"There has been a tribunal, there has been a court case, there has been other cases going right up to the Supreme Court. It seems like a never ending story. Let's hope this is the final chapter," Sikota said.
He said Siliya had not missed an opportunity to clear her name of wrongdoing in the controversial US $257 million transaction.
"Everything she has to say is in the records which were before the courts. There is nothing more she can add to what was stated in the court actions," he said.
Asked by The Post if Siliya acted above board in the controversial transactions, Sikota said: "That is what the court said. The court vindicated her right up to the Supreme Court."
Siliya, who together with Henry Banda, son of former president Rupiah Banda, were key architects in single-sourcing RP Capital of the Cayman Islands to valuate Zamtel for the planned privatisation process.
Siliya and Henry single-sourced RP capital for a US $2.5 million fee, and later retained RP capital as transaction advisors for a five per cent fee for the total selling price of Zamtel.
Siliya committed Zambian public money without the consent of the Attorney General's chambers.
The controversial transaction saw Siliya hauled before the Dennis Chirwa-led tribunal by a consortium of 10 civil society organisations led by the Zambian chapter of Transparency International, together with former transport minister William Harrington.
Earlier, Siliya who arrived at 14:28 at the hearing on Friday, immaculately dressed in a flash red outfit in the company of Sikota and ushered into the room of proceedings amidst the glare of cameras, declined to comment on the allegations made against her by some witnesses.
"Our firm instruction is that our client will not comment on the allegations made by Transparency International Zambia…there is nothing new that Transparency International Zambia has presented to this committee which was not brought to the Tribunal's attention," Sikota said.
Sikota said Siliya was not in fact involved in selling Zamtel because she was not Minister of Transport and Communication at the time the Zamtel sale was finalised.
Sikota said "I will insist on exercising her constitutional rights as guaranteed by the provisions of Article 18 of the Constitution of Zambia chapter one volume one of the Laws of Zambia."
But solicitor general Mubanga Kondolo advised Sikota that the inquiry was not called to investigate or incriminate Siliya.
He said there had been a lot aspersions cast on Siliya and the committee thought it was important to give her an opportunity to come and clarify.
"I would just want to clarify that these are not criminal proceedings, not judicial proceedings of any kind," Kondolo said. "This committee is not making any ruling. It's just purely an information-gathering exercise.
A number of people have been here and made submissions on the sale, not just relating to the sale but to the procurement of the transaction advisor right through to the entire spectrum of the process of sale.
It's purely an exercise for her self-preservation to help concretise her position in this situation as you have seen from the public outcry that you referred to.. It is her constitutional right to keep quiet."
Siliya, who refused to talk directly to journalists later left in her Toyota Landcruiser GX registration number ALC 7063 together with Sikota and a known freelance photographer.
Labels: CORRUPTION, COURTS, HENRY BANDA, MICHAEL SATA, NAPSA, RP CAPITAL PARTNERS, SAKWIBA SIKOTA, ULP, ZAMTEL
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‘Mum’ Dora sees red at inquiry
By TEDDY KUYELA
FORMER Minister of Communications and Transport Dora Siliya yesterday refused to personally give evidence regarding the questionable US$257 million sale of Zamtel assets to Libya’s Lap Green.
Ms Siliya, 41, instead opted to have Lusaka lawyer Sakwiba Sikota speak on her behalf even after being asked five times to speak by Minister of Justice Sebastian Zulu to defend herself. She remained mum.
This was when she appeared before the Commission of Inquiry appointed by President Sata to investigate the US$257 million questionable sale of Zamtel to Lap Green of Libya.
Clad in an expensive-looking smart red suit that matched her red lips and shoes, Ms Siliya was clearly sweating and looked uneasy when she was asked by the commission to defend herself regarding the numerous allegations levelled against her surrounding the questionable sale of Zamtel to Lap Green.
The commission summoned her yesterday to defend herself on her alleged involvement in the signing of the memorandum of understanding (MoU) which led to the subsequent sale of 75 percent shares of Zamtel assets to the Libyan company.
Her lawyer, Mr Sikota, said he saw no reason why his client should answer questions from the commissioners as she was not minister of Communications and Transport at the time of the sale of Zamtel.
Mr Sikota said it is not necessary for Ms Siliya to comment on the matter because the matter was rested after Chief Justice Ernest Sakala constituted a tribunal pursuant to the provisions of the Parliamentary and Ministerial Code of Conduct Act, chapter 16 of the Laws of Zambia.
“Our client appeared before the tribunal, and these allegations were tested. Furthermore, there was recently an appeal before the Supreme Court of Zambia which essentially addressed the allegations. The appeal was heard by the Supreme Court of Zambia and judgment delivered.
“The exact allegations were also subject of court proceedings in the High Court of Judicature for Zambia in a matter involving Mr Andrew Kashita, the Zambia Development Agency (ZDA), RP Capital Partners and the Attorney General,” he said.
Mr Sikota said his firm has instructed Ms Siliya not to comment on the allegations levelled against her by a consortium of 10 civil society organisations and other people regarding the sale of Zamtel.
Mr Sikota said there were judicial review proceedings before the High Court of Judicature for Zambia to which the Attorney General was party, and that Transparency International Zambia (TIZ) moved a motion successfully to join the proceedings in which Ms Siliya was not found with any case to answer.
But Mr Zulu, who is commission’s chairperson, explained to Mr Sikota that the committee decided to summon Ms Siliya so that she could defend herself on the numerous allegations that have been levelled against her regarding the questionable sale of Zamtel to Lap Green.
“We decided to hear from you so that you can defend yourself, but we are surprised that you have decided not to speak. So many things have been said about you regarding the sale of Zamtel, and you should also understand that this is not a court but just a commission appointed to receive submissions from people.
“We decided to give you an opportunity so that as we come up with a final report, your views could also be heard,” Mr Zulu said.
He, however, assured Ms Siliya that the commission will ensure that it gets all the pertinent materials regarding the sale of Zamtel before coming up with a final report which will be presented to President Sata for consideration.
And Chef Africa Energy managing director Francis Ngosa has urged the commission to thoroughly investigate the sale of Zamtel to Lap Green as well as ensure the people involved in corrupt practices during the business transactions are brought to book.
Mr Ngosa said the sale of Zamtel was illegal and that there was blatant disregard for the law when evaluating Zamtel assets.
He said it is sad that the former administration decided to sell Zamtel at a cheaper price instead of selling the assets at a higher price to enable Zambians to benefit.
“I’m very disappointed with the former MMD government for selling Zamtel at US$257 million. This was a loss because Zamtel assets could have cost over US$1 billion. I’m, therefore, appealing to the commission to seriously look into this matter and ensure that people who were involved in corrupt practices are brought to book,” Mr Ngosa said.
In its submission on Tuesday, TIZ alleged that Ms Siliya usurped the powers of ZDA by signing an MoU for the sale of the telecommunications firm.
Labels: DORA SILIYA, SAKWIBA SIKOTA, ZAMTEL
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Siliya mute as she appears before commission of inquiry
TIME PUBLISHED - Saturday, October 29, 2011, 11:59 am
Former Communications and Transport minister Dora Siliya and
her lawyer Sakwiba Sikota make submissions to the commission of inquiry on the sale of Zamtel in Lusaka
EMBATTLED former Minister of Transport and Communications Dora Siliya yesterday appeared before the Commission of Inquiry into the sale of Zamtel and Finance Bank but opted not to say anything on all allegations levelled against her during the submissions.
Ms Siliya, 41, of 411 Independence Avenue and clad in a red suit arrived at Mulungushi International Conference Centre in the company of her lawyer Sakwiba Sikota and informed the tribunal led by Commission chairperson, Sebastian Zulu that there were no irregularity in the sale of Zamtel.
Ms Siliya who spoke through her lawyer said she would not commit herself to any statement because the said allegations especially by Transparency International Zambia (TIZ) would be subjudice.
“ Everything she has to say is already on record so there is nothing more to add except to refer this commission to all the court proceedings.
“Since these allegations by TIZ persist notwithstanding the fact that courts of competent jurisdiction have adjudicated over the same, our client will not commit herself to any statement as these matters are subjudice,” said Mr Sikota.
He said Ms Siliya appeared before the tribunal where the same allegations by TIZ were tested after considering together with the evidence and made its findings which were contained in a detailed report submitted to the former Republican Rupiah Banda on April 16 in 2009.
Mr Sikota said her client had elected to refer the commission to visit the records of all the aforesaid matters which were public documents and were available at the courts, Zambia Development Agency (ZDA) and the Ministry of Justice.
He said after Ms Siliya was cleared by the High Court, TIZ appealed to the Supreme Court addressing the same allegations and in turn the Supreme Court also cleared his client and wondered why TIZ decided to raise the same allegations.
A Mr Francis Chilumba who referred to himself a ‘Patriotic Zambian’ claimed Ms Siliya had been mislead by her lawyer not to personally defend herself because she was the one who signed the Memorandum of Understanding (MoU) with RP Capital to evaluate the sale of Zamtel.
Mr Chilumba claimed that Ms Siliya allowed the under evaluation of Zamtel which was supposed to be sold at over US$1 billion and not the actual price which was US$257 and urged the commission to ensure that they see RP Capital evaluation report before coming up with a final report.
And the commission earlier advised Ms Siliya not to feel intimidated to represent herself because the commission was set to get more information on the sale of Zamtel and not for people to feel as if they were being tried in the court of law but to allow them to defend themselves once mentioned.
Labels: CORRUPTION, DORA SILIYA, SAKWIBA SIKOTA, ULP, ZAMTEL
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Zambia Police quiz former Mines Minister over Bicycles used in campaigns
TIME PUBLISHED - Wednesday, October 19, 2011, 8:29 pm
Former Mines Minister Maxwell Mwale this afternoon appeared for questioning at the former Task Force offices before the Zambia police in connection with the bicycles that were recovered at his residence in Makeni .
A check by QFM at the former Task Force building at about 15 hrs found that Maxwell Mwale had just left after being questioned. The police are currently investigating MMD officials to establish the source of campaign materials used in the just ended elections which include bicycles and motor vehicles.
When contacted police spokesperson Ndandula Siamana could not give details by broadcast time saying she did not have the details ready from the people that were questioning the former Mines Minister.
Meanwhile, the Lawyer to former Foreign Affairs Minister Kabinga Pande has distanced his client from the Gold saga. Sakwiba Sikota said that Mr Pande was called to answer queries over the source of funding for the ruling MMD in his capacity as Vice National Chairman of the party.
Mr Sikota told ZNBC News that connecting Mr Pande to the Gold scandal was erroneous. He has also demanded for an apology from the Police service whom he said some media institutions have quoted confirming that Mr Pande was answering queries on the Gold saga.
Labels: 2011 ELECTIONS, CORRUPTION, KABINGA PANDE, MAXWELL MWALE, MMD, SAKWIBA SIKOTA, TASK FORCE
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