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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Govt fails to dispose of assets seized by Task Force
By Chibaula Silwamba
Thu 19 Aug. 2010, 04:01 CAT
THE Auditor General’s report has revealed that the government has failed to dispose of assets valued at over K61 billion that were seized by the now defunct Task Force on Corruption.
According to the report of the Auditor General for 2008 on the accounts of parastatal bodies, in December 2008 assets valued at K61,757,412,030 were handed over to Cabinet Office by the Task Force on Corruption for disposal. However, as of June 2009, the assets had not been disposed of.
“In August 2006, property number S/D52/2898 in Livingstone was sold to Connie Dodia at a sum of K150,000,000 through National Housing Authority (NHA). Cabinet Office had mandated NHA to dispose of the property on their behalf,” the report stated.
“It was however observed that, contrary to the sale agreement which required the buyer to make one lump sum by certified bank cheque within 30 days from the date of offer, only K84 million had been paid in May 2009, leaving a balance of K66 million outstanding. It was also observed that although the buyer had paid K84 million in 2006, as of May 2009, the money had not been remitted into the recoveries account by NHA.”
The report stated that the Task Force on Corruption had failed to comply with donor conditions in the use of funds.
“In November 2007, the Royal Danish Embassy disbursed a sum of K7,104,096,881 (US$1,862,651.83) to the TFC on condition that it was to be used solely for payment of local and foreign legal fees. However, it was observed that a sum of K48,672,319 (US$9,969.75) was paid as consultancy fees to the Project Coordinator responsible for preparing financial statements of the Task Force on Corruption,” the report revealed.
“The government procured legal services by engaging various legal firms in order to assist TFC in prosecuting in the courts of law. However, the following were observed: i. Irregular Engaging of Law Firms for Services - The law firms contracted were not engaged competitively but merely single sourced and appointed by the Attorney General. The terms of reference for the engaged law firms spelling out reporting lines and the basis of payment of fees were not availed for audit scrutiny.”
Labels: TASK FORCE
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‘Chiluba’s statement on Task Force cases unfortunate’
By Patson Chilemba
Fri 04 June 2010, 04:01 CAT
LAW Association of Zambia (LAZ) president Stephen Lungu yesterday described as unfortunate Frederick Chiluba’s statement that he does not respect outcomes of court cases handled by the Task Force.
Commenting on Chiluba’s statement that he had no respect for the outcome of court cases handled by the Task Force on Corruption because they were heavily politicised, Lungu said the statement from Chiluba was very unfortunate especially that it came from a former president.
“It is very unfortunate because of the position that he holds in society, and the influence of his statement. The influence that his statements would have on society, that is why it is unfortunate,” he said.
Lungu said Chiluba was entitled to his own opinion but LAZ would stand by its stated position not to cause disrespect to the judiciary.
He said the conviction of Kalumba was legal and not political.
“People should not use their opinions to cast aspersions on the Judiciary. We have always as an association advocated for the fact that we should respect the court process, and the court process starts from the time a matter goes to court,” Lungu said. “Every right meaning citizen of this country should respect court decisions, whether or not they agree with them.”
On Chiluba’s statement that the judicial process should not be tainted with illegalities and political interference, Lungu said it was always unfortunate when a person of Chiluba’s stature made such kind of comments.
“Our view is that whether or not we agree with the judgments that came out of the court, we should always show respect to the decisions of the courts. And as I said earlier, this is why we have got an appeal process,” he said.
Asked how possible it was for Chiluba to respect the judiciary and not the judgments that were passed by the courts, Lungu said he did not understand the contradiction.
Chiluba was quoted in last Wednesday’s edition of the state-owned Times of Zambia saying he had no respect for the outcomes of court cases that were handled by the Task Force because they were heavily politicised.
Speaking through his spokesperson Emmanuel Mwamba, Chiluba said apart from the cases being politically instigated, they were also targeted at certain individuals.
Labels: CHILUBA, TASK FORCE
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What respect can Chiluba claim to have for our judiciary?
By The Post
Wed 02 June 2010, 19:30 CAT
When criminals praise law enforcement agencies, there is a big problem somewhere.
In a normal world, criminals run away from the police and other law enforcement agencies – they hate them. The reason for this is not difficult to discern. The law enforcement agencies exist to stop what criminals consider as their legitimate and profitable undertakings.
On the other hand, when a criminal criticises a law enforcement agency and shows hatred for it, then we should know that more likely than not that law enforcement agency is doing the right thing. Criminals are always trying to undermine and sometimes bribe and corrupt law enforcement agencies. When they fail, they turn to defamation and other forms of propaganda to undermine the credibility of the institution they have failed to break or corrupt.
This is something that is well-known world over. Criminals, particularly those involved in organised crime, work very hard to undermine the law enforcement agencies that work against them.
The last eight years or so have brought out something similar in our country. Frederick Chiluba and his tandem of thieves have worked very hard to cheat our people. They have engaged in all sorts of propaganda against the work of the Task Force on Corruption. We wonder whether their attacks would have been as vehement as they have been if the Task Force was ineffective in pursuing them and in bringing out their criminal deeds.
The other day Chiluba was saying that he has no respect for the outcomes of cases handled by the Task Force on Corruption because they were heavily politicised. Chiluba wants to pretend that his unhappiness with the Task Force was because of what he calls “politics”. But we all know that Chiluba’s problems were not as a result of politics.
They were a product of his criminal deeds. Yes, because he is a politician he played a lot of politics. But the charges that he was facing are things that have nothing to do with politics. Chiluba abused his political office to amass wealth. This was a problem. When he was caught, he tried to use politics to get away.
When this did not work, he now has the audacity to accuse law enforcement officers of being politicised. Our people have not forgotten that when Chiluba was in State House, he did not hesitate to use the police and the judicial process to punish his enemies, real and imaginary. For him, the judicial process was but an extension of his political arsenal. Chiluba had no qualms about having his enemies arrested on trumped-up charges.
And because this is what he did, he thinks that everybody else behaves that way. Anyway, the criticism of the Task Force by Chiluba should not surprise anyone. If we were the Task Force, we would take it as a complement. When a criminal criticises a police officer for doing his job effectively, the police officer should be happy. We would have been very worried if Chiluba was praising the Task Force. That would have been a serious indictment on their professionalism.
Chiluba and his tandem of thieves have spent eight years trying to malign the Task Force and those who worked in it, making this and that claim. What is interesting is that they always run to attacking the Task Force instead of addressing the substance of the charges that they faced.
We have not forgotten that their surrogates such as Aaron Chungu were holding press conferences at On the Run in Lusaka’s Northmead area to insult the officers who were investigating them.
The problems that Chiluba and his friends have have nothing to do with the officers but everything to do with the things they did when they were in power. An innocent person has no reason to fear or even malign a law enforcement officer. In fact, law-abiding citizens should appreciate the work of law enforcement officers. The propaganda against those who investigated Chiluba’s corruption will not take away the corruption that they were engaged in.
The problem is not who is exposing or who has exposed the wrongs that they did. The problem lies with the wrongs that they did. Who exposes what they did doesn’t matter much. If they did nothing wrong, it would still not matter much who claims that they did nothing wrong. They must start to address the specific crimes that they had committed because this is where the problem lies.
We are still waiting for Chiluba to tell our people where he got the US $8 million that he claims to have been keeping in a government account. Chiluba has even threatened to claim it back from the government, suggesting that it was not spent. But this is Chiluba for you, full of contradictions. And that is what lies do to those that rely on them.
Chiluba is not embarrassed by holding contradictory positions. In his attack on the Task Force the other day, he said although he did not respect outcomes for court cases handled by the Task Force, he respected the judiciary. How this is possible, only Chiluba seems to understand. How can you respect an institution but disrespect its actions of decisions? It is Chiluba’s usual way of trying to slither between contradictory positions and hope to get away somehow.
How can Chiluba claim to respect the judiciary but at the same time does not respect its judgments because they originate from matters investigated by the Task Force? If Chiluba’s logic was extended to all of us, none of us would respect any court decision because they usually arise from matters taken to court by people we don’t respect or like. People who take us to court are not usually our friends.
But this is what the courts are there for – to hear cases fairly and objectively regardless of where they come from or of who originated them. The same courts Chiluba says he respects have agreed – almost 100 per cent – with the work of the officers who worked at the Task Force. And in this regard, the courts have convicted almost everyone, except Chiluba himself, who was taken before them. And among the people convicted is Chiluba’s own wife who he admitted giving money.
The only decision of our courts Chiluba has accepted is his questionable acquittal – and nothing else. If truly Chiluba respected our courts, as he claims, he would have serious difficulties not accepting their decisions on the corruption cases in which his wife and many of his friends have been convicted. In truth, what Chiluba doesn’t like are the convictions of these courts.
Chiluba has also claimed that although he respected the judiciary, he emphasised that the judiciary should not be tainted with illegalities and political interference. Is Chiluba telling us something we don’t know about our judiciary?
Is Chiluba telling us that our judiciary is tainted with illegalities and political interference? If so, in which way? Can he show us some examples where our judiciary has shown to be tainted with illegalities and political interference and who is behind those illegalities and political interference? This is not a matter that should be taken lightly. It is a very serious allegation that Chiluba as former head of state is making.
But Chiluba should really be the last person to speak about political interference in the judiciary. What did he do with the former chief justice Mathew Ngulube? Paying money to a sitting chief justice for no discernable services seems okay if it is done by Chiluba. That is what Chiluba seems to be telling us.
Just in case some of our people have forgotten, it is important for us to state that even the problems that Chiluba is facing today were born out of his abuse of the judicial process. When Chiluba felt aggrieved by articles published in this newspaper, he decided to unleash the full force of our police on this newspaper’s editor, a journalist and two parliamentarians.
They were hunted like dangerous criminals and taken to court for calling Chiluba a thief. Chiluba abused his presidential powers and made the police behave so unprofessionally. It is in defending this newspaper’s editor and the other people accused with him that Chiluba’s crimes became clear for our people to see.
It is that case that led to the lifting of his immunity and his eventual prosecution. But Chiluba is incapable of learning. He forgets very easily. His arrogance denies him the ability to learn from his mistakes. Anyway, there is no way Chiluba can talk about our judiciary with any credibility. What respect can Chiluba claim to have for our judiciary?
Labels: CHILUBA, CORRUPTION, TASK FORCE
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Habasonda urges govt to review direction of corruption fight
By Moses Kuwema
Thu 13 May 2010, 03:30 CAT
SOUTHERN African Centre for the Constructive Resolution of Disputes (SACCORD) executive director Lee Habasonda has urged the government to rise above personal vendettas and review the direction the fight against corruption has taken.
Commenting on the termination of Mutembo Nchito’s contract as Task Force on Corruption prosecutor, Habasonda said Nchito’s removal was a way of getting rid of people who could do the job that needed to be done.
“Some of us are surprised that Mutembo lasted this far really. What we can urge is that it is important for government to rise above personal fights and vendettas and begin to address the larger issues and in this case to seriously review administratively the direction in which the fight against corruption has taken,” Habasonda said.
“And if they have shifted to the Anti Corruption Commission ACC, have we put in place the necessary measures that will ensure that the ACC is not the usual toothless bulldog that Zambians have known?
“… And now they have gotten rid of him so they can sit on what they want to sit on, they can select who they want to prosecute and so on. Now it will be about who they want prosecuted and who they don’t want to be prosecuted. We all know the record of our brother Mr Chalwe Mchenga Director of Public Prosecutions. So really, the future doesn’t look bright at all. By removing Mutembo it means those who have removed him want to have their way, so if you are expecting anything… I mean that’s the end of the road. And for some of us who are observing from a distance we think it is the end of the story that’s why I was saying it does not create a very bright picture about Zambia’s commitment to the fight against corruption.”
Habasonda said Zambians should not expect much out of the fight against corruption.
“Unless government will really prove themselves otherwise. We are watching and if they can do so, we will be the first ones to praise them but we are really doubtful that the action they have taken intends to improve the performance,” he said.
“There had been a number of seculars on the internet trying to discredit Mutembo but we think that he has done his job well. Unfortunately the same system which hired him now thinks they don’t need him, that he has become a pain in their backside so now they can do what they want I suppose.”
On intentions to investigate the Task Force on Corruption, Habasonda responded,
“This clearly indicates that it is rather some sort of vendetta that is being waged because our understanding is that the Task Force was receiving the money through the normal civil service channel and to begin to behave the way they are doing now raises more questions than answers. Clearly while the DPP has the right to fire and hire prosecutors, our view of the situation is that the manner in which this is being dealt with is like witch hunting and this is really a source of conflict from our point of view as SACCORD.
This will just create more suspicions, more witch-hunting and we are not really building the image on the fight against corruption. I think what we expect is that things must be made clear in white and blue to say yes the job has been terminated they can’t keep Nchito.”
The government recently terminated Nchito’s contract as prosecutor on grounds that he had concluded all the corruption cases he was handling.
Labels: LEE HABASONDE, MUTEMBO NCHITO, TASK FORCE
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Why they removed Nchito from corruption prosecutions
By The Post
Mon 10 May 2010, 04:10 CAT
NO one is indispensable. Not even the most meritorious individuals are indispensable. We knew the day would come when this government would dispense with the prosecution services of Mutembo Nchito. And this doesn’t require much disquisition.
Mutembo could have been removed from being a public prosecutor a month, a year or so after his appointment. But Mutembo has served as a public prosecutor since early 2002 after having previously been appointed to prosecute matters on behalf of the Anti Corruption Commission in 2001.
This was in matter involving Katele Kalumba, Peter Machungwa and the late Godden Mandandi over what came to be known as the K2 billion scandal.
Mutembo successfully represented the Anti Corruption Commission and Machungwa and Mandandi were found wanting and Katele was reprieved.
All this was under the presidency of Frederick Chiluba. In late 2001, the Anti Corruption Commission retained Mutembo to prosecute other corruption matters. And nine years later, Mutembo has still been prosecuting corruption matters on behalf of the state.
Given this background and what one may legitimately call a very impressive record of corruption prosecution, the question one might be forced to ask is: why have Mutembo’s services been terminated now, not yesterday, not last year, or the year before and so on and so forth?
This question is important because it may help put matters in their proper context or perspective and remove them from the realm of an individual, who as we have already pointed out, will always be dispensable.
What will not be dispensable are the issues that were being pursued in the corruption cases Mutembo was handling. And the termination of Mutembo’s duties as a public prosecutor should be looked at from this angle.
Corruption is a very big problem in Zambia. No one can deny that many of the problems that we face in accessing public services and enjoying good infrastructure are a result of corruption in the public sector. Successive governments have been crippled by corruption.
A political culture which accepts corruption as a normal occurrence has been engrained in our governments. From the very beginning the founding president of this country, Dr Kenneth Kaunda, was very concerned about the cancer of corruption, nepotism, tribalism and other corrupt uses of power that had begun to show themselves.
Dr Kaunda tried very hard to fight these evils and was very decisive in taking action against them. He never hesitated to part company with comrades, and some of them very dear ones, whenever they strayed into the realm of corruption and other abuses of power for personal gain. Dr Kaunda left government almost penniless, relying only on the pension he believed the Zambian people were going to give him.
And in this line, Dr Kaunda created a number of institutions to deal with corruption. He gave us the Anti Corruption Commission in 1980, Special Investigation Team for Economy and Trade (SITET), and towards the end of the 1980s, he created the Drug Enforcement Commission.
For all the mistakes, for all the failings – which are many – no one can take anything away from this comrade and his determination to fight crime in our country. As far as corruption is concerned, he tried to brook no nonsense.
Mirror this against Frederick Chiluba’s legacy. Chiluba went into government and immediately started stealing. The 10 years of his tenure saw the decline in the respect of law and public property.
The civil service was stripped of its professionalism. Corruption became an accepted engagement for senior public officers. Corruption was so commonplace that to this very day, it is an accepted norm and most of those who served with Chiluba see no wrong that they did in stealing public resources and abusing their offices for personal gain. They even laugh at people like Dr Kaunda and his generation who left government without amassing wealth, and sometimes without even a house.
They look at them as fools who were not intelligent enough to use their public offices for self-enrichment. This is what Chiluba reduced this country to. For the most part, Chiluba ran a kleptocracy where there was no difference between public resources and personal resources.
If this country is going to make any meaningful progress, this culture has to be exorcised and banished. A time must come when every public officer realises that everything that he does in the name of the people is a subject of accountability. This is something that Chiluba destroyed. Many people who worked for him were reduced to doing things that they knew to be wrong but they did them nevertheless to remain in good books with him and sometimes to accrue some personal benefits.
The fight against corruption that Levy Mwanawasa engaged in was a meaningful attempt to try and bridge the gap that was created by Chiluba from where Dr Kaunda had left things. Dr Kaunda took the fight against corruption and the struggle to build a nation with decency, values and principles to very high heights but Chiluba brought it down. Levy, albeit in a manner that was far much less resolute than that of Dr Kaunda, tried in a new time and in a new way to restore that decency.
This is the context into which the work of the task force on corruption fell. Clearly, its task was to deal with the corruption that has been created in our country by Chiluba and bring back things to where our liberators, the founders of this Republic had left them. This meant that Levy had to inevitably take the fight against corruption to Chiluba. And things moved, albeit in a slow way, but they moved. Chiluba was the bulwark of all that was rotten, of all that was corrupt under the 10 years of his presidency and probably beyond it.
Levy’s understanding of the challenge that he faced was not always clear, it was not as clear and resolute as that of Dr Kaunda. We say this because sometimes Levy kept very dirty and corrupt people in his government, people with a traceable history of being permanently wedded to corruption. This explains why immediately after Levy’s death, some of his closest and most senior lieutenants have embraced and returned to Chiluba and his way of doing things, his corruption.
We should not be surprised that no effort is being spared to reverse any success that Levy may have scored in fighting corruption. These people don’t like the precedents that have been set and will do everything to wipe them out so that they are never used against them in future.
Rupiah Banda has chosen the way he wants to be remembered. Rupiah had three choices: either to go the Dr Kaunda way, the Chiluba route or adopt the Levy methods. Rupiah had worked under Dr Kaunda’s government and it’s not a secret that when it comes to the core values, principles and methods of that regime, most of the times he fell short of what was acceptable. And Rupiah was Levy’s vice-president and saw what Levy was doing.
It’s clear Rupiah did not agree with what Levy was doing on corruption and that’s why he is undoing it today. Rupiah did not serve under Chiluba’s government but he knew very well what Chiluba had done and how he had done it.
And today the choice that Rupiah has made is that of following Chiluba’s path – a corrupt path. With the three choices that Rupiah had, he has made it clear that Chiluba is his mentor – the “damn good president” – whose methods he admires and he is emulating. For whose benefit? Corrupt methods are for personal benefit and not for the people’s progress and well-being.
Clearly, what this means is that by embracing Chiluba and his corrupt methods, Rupiah has stopped in earnest the fight against corruption. And all the efforts and initiatives that were taken by Levy, in line with the values and standards set by Dr Kaunda, have to be reversed, have to be abandoned, have to be stopped.
If we want to understand the significance of the removal of Mutembo from prosecuting corruption at this stage, we need to understand where Rupiah is headed.
There are many appeals of corruption cases involving Chiluba’s friends that are yet to be heard by our courts. Rupiah and his minions do not want these appeals to go in favour of the people at the expense of their friends. They will do everything to frustrate and bungle these appeals in the same way they stopped the appeal against Chiluba and ensure that their friends go scot-free without leaving any dangerous precedent that may be used against them in future.
In the same way they used Director of Public Prosecutions Chalwe Mchenga to stop the appeal against Chiluba’s questionable acquittal, they will use him again to frustrate and bungle the appeals that are now in court and those to come from matters yet to be decided.
And it is the same way they have used Mchenga to remove Mutembo so that these matters that had taken so many years and effort to master are lost. There are also matters that are yet to be prosecuted like that of Xavier Chungu. Given their conduct, can anyone reasonably expect them to prosecute Chungu let alone to seriously, efficiently and effectively do that in a manner that will secure a conviction?
As we stated at the beginning of this editorial comment, no one is indispensable, not even Mutembo for that matter despite his near-excellent prosecution of the corruption cases that were given to him. But that is not the point here. The point is that we now have a government that has come out in the open and declared its allegiance to the corrupt and their rotten ways. It is not the first time that they are trying to frustrate these cases in that way.
They have tried to frustrate these cases by doing all sorts of things. As for Mutembo, they tried to hound him out by making all sorts of unfounded allegations against him. Now that all their schemes have failed, they have been left with no choice but to terminate his contract, something they could have done a long time ago if their actions were honest and sincere. They tried the dishonest routes but failed.
Anyway, our people know what they stand for and understand why the corrupt need to be defended by them. If they think they will get away with their corruption by protecting their corrupt friends, they have got it all wrong – the Bembas say umulandu taubola.
Labels: LAZ, MUTEMBO NCHITO, STEPHEN LUNGU, TASK FORCE
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Nchito’s removal isn’t surprising, says Lifuka
By Moses Kuwema
Mon 10 May 2010, 04:00 CAT
TRANSPERANCY International Zambia (TIZ) executive director Goodwell Lungu has said the termination of Mutembo Nchito’s contract as Task Force on Corruption prosecutor did not come as a surprise because the government has been on record trying to frustrate everyone that wants a progressive fight against corruption.
In an interview yesterday, Lungu said Nchito was proactive in instituting an appeal against the acquittal of former president Fredrick Chiluba, which he said the government had frustrated.
“This The termination of Nchito’s contract has not come as a surprise. We saw it coming as TIZ because government has been on record trying to frustrate all the people that want a progressive fight against corruption,” Lungu said.
He said the government had been orchestrating the slow down in the fight against corruption.
“The Vice-President George Kunda is on record accusing Mutembo Nchito of all sorts of things and we feel this was a very unfortunate move by the Vice-President,” Lungu said.
Lungu said even the transfer of the Task Force on Corruption to the Anti-Corruption Commission (ACC) was just one way of disbanding it.
“That is why we have not heard the ACC coming out to update the nation on how far they have gone in investigating cases which were previously handled by the Task Force. We know they are pending cases like the Carlington maize saga, the US $20 million arms deal, so the ACC should not keep quiet on these issues because they border on huge sums of money that was not properly utilised,” Lungu said.
Lungu challenged the ACC to make a public announcement and state which cases they were following up.
“We are yet to see if the lawyers that have been engaged to handle Task Force cases would be as vibrant as Mutembo,” he said. “We further wish to commend Mutembo for the excellent work he did during his time as Task Force prosecutor. His work was unprecedented and we ask him not to be shaken. He occupies a special position in this country in as far as the fight against corruption is concerned.”
Lungu said TIZ was aware that the government was not committed in the fight against corruption.
“We appeal to Zambians not to be discouraged by the current lack of political will to fight corruption. They should not lose hope in the fight against corruption because we are very hopeful that positive things will come out as long as we remain focused,” he said.
Lungu advised the government to be careful with some of the decisions they made regarding corruption because they might have a bearing on the country’s future.
“Some of the decisions government is making today will have a bearing on the future of Zambia especially on the development process because if we have a vibrant fight against corruption, some of the resources that are recovered from the fight can be channeled to development,” said Lungu.
On Saturday, justice deputy minister Todd Chilembo told MUVI TV that the Director of Public Prosecutions would appoint other lawyers to continue from where Nchito ended.
He said all prosecutions in Zambia were under the charge and control of the DPP so he would not allow a vacum. Chilembo said in any case, Nchito had almost finished all his cases except for a few that were at judgment level because some cases had not taken off.
Labels: GOODWELL LUNGU, MUTEMBO NCHITO, TASK FORCE, TIZ
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ZDA to start selling properties seized from defunct Task Force
By Chiwoyu Sinyangwe
Fri 09 Apr. 2010, 04:01 CAT
Zambia Develoment Agency director general Andrew Chipwende speaking during a press briefing yesterday at Lusaka’s Pamodzi Hotel. He is flanked by ZDA export and market development director Glyne Michelo (l) and ZDA policy research director Florence Mumba - Picture by Collins Phiri
LIBYA’S LAP Greencom Limited and Angola’s consortium of Unitel and Angola Cables are this month set to commence separate negotiations to buy Zamtel as Altimo Holdings is dropped, Zambia Development Agency (ZDA) director general Andrew Chipwende announced yesterday.
And Chipwende has said ZDA is to start selling properties seized from the defunct Task Force on Corruption among them Ndola Trust School and Motor City Limited.
Chipwende told journalists yesterday during the 2010 first quarter media briefing that Russian consortium of Altimo Holdings has been put on standby and may be summoned once negotiations with one of the two preferred bidders collapse.
“We can confirm that we did receive the binding bids from the three bidders that remained and we are expecting to commence negotiations by the third week of April,” Chipwende said.
“The ZDA board approved that we proceed in negotiations with two of three bidders and the other one is being put on reserve. We are going to negotiate with two, if any one of the two fallout, we can always call in the third one that is going to be on the reserve list.”
Chipwende said although ZDA targeted to conclude the sale of between 51 and 75 per cent of the stake in Zamtel which had been disputed by opposition political parties and key civil society organisations by June this year, the timeframe could be extended.
“Negotiations are negotiations. If somebody asks you ‘how long is the piece of string, you said it depends on the string,’” Chipwende said.
“You never know, strings have different lengths. You can’t know until you get into the negotiations and it’s a bit dangerous to try and predict when you will conclude negotiations because you don’t know what issues are going to come up. But in terms of planning, our target is to try and conclude the process by end of June which is very tight.”
And Chipwende said ZDA was in the process of selling some companies seized by the defunct Task Force on Corruption.
The ZDA chief also said the revival of the Njanji Commuters, the intra Lusaka commuter train was on the cards.
“There are a number of companies that were seized by the Task Force which we will be requested to sell,” said Chipwende.
“These include, Motor City Holdings, we also have one bid for Njanji commuters and evaluation is currently going on in terms of establishing the capacity of that bid to revive and in future extend the scope of Njanji commuter operations.”
Labels: ITC, TASK FORCE, ZAMTEL, ZDA
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Sata questions Rupiah’s disposal of properties seized by Task Force
By George Chellah
Mon 15 Feb. 2010, 04:01 CAT
PATRIOTIC Front (PF) leader Michael Sata yesterday challenged President Rupiah Banda to publicly disclose how properties and assets, which were seized by the Task Force on Corruption have been disposed off.
In an interview, Sata demanded that President Banda explain to the nation how some properties and assets that were confiscated were offered back to the owners. He accused President Banda of selectively dismantling the Task Force on Corruption.
“Rupiah with the help of George Kunda Vice-President has quietly given some of the assets which were confiscated to Frederick Chiluba and his associates. He has quietly and selectively done that,” Sata said.
“George Kunda was Minister of Justice when the Task Force swung into action seizing goods from all those they confiscated from including Moses Katumbi and Regina. They did that publicly. So why are they not going public when it comes to returning these same properties and assets?”
Sata said Zambians have to be fully informed about the procedures that were carried out to hand back the properties and assets.
“The nation needs a complete disclosure because the things the Task Force confiscated, they are now returning them privately. We want to know the things they confiscated, where are they? And who has gotten them? We also want to know whether this building where there is Access Bank formerly FTJ institute has been given back,” Sata said.
“They are now secretly returning the property that was confiscated so long as someone is bootlicking Rupiah Banda. Let them explain how the process of returning those assets was conducted. They should explain because we are told that they have secretly and quietly returned the properties they seized.”
On the assets seized by the Task Force from DRC Katanga Province Governor Moses Katumbi, Sata advised the government to be transparent on the matter to avoid suspicion.
“Katumbi is a high-ranking officer in a friendly neighbouring country and Zambia cannot afford to do everything under the carpet. We don’t need to do things under the carpet because at the moment the man we are dealing with, although he is our son, he is also a high profile officer in the DRC so let them be open about it,” Sata said.
“There is no need for them to be secretive on this matter because the late Levy Mwanawasa was open when dealing with issues concerning Katumbi. No wonder VJ Vernon Mwaanga went to Katanga so why should they hide when Mwanawasa, the one who started this whole process was open about it.”
Sata said Chiluba must not show Katumbi that they are doing him a favour because Mwanawasa commenced the process. He cautioned the government to stay away from President Chiluba’s suspicious deeds.
“We are supposed to be very careful because some of Chiluba’s dubious deeds nearly brought war between Zambia and Angola and we should avoid a repetition of that,” Sata warned.
And Sata has asked President Banda to tell the people of Luapula Province his development agenda for them rather than promising them the Republican Vice-Presidency which accounts for nothing.
Commenting on President Banda's promise to the traditional leadership in Luapula Province that he would appoint Zambia Revenue Authority (ZRA) Commissioner General Criticles Mwansa as Republican Vice-President if they delivered the province to MMD in the 2011 presidential and general elections, Sata said there was no grain of truth in President Banda's promise, because he gave the people of Western Province the same promise which he had failed to fulfill.
He said President Banda should instead allow development to do the talking for him rather than flooding the people's minds with false alarms and promises.
"You can have the Vice-President, but the Vice-President is not development of a particular area. Central Province has George Kunda, it is just as backwards and as marginalised as any other province. Rupiah Banda was vice-president from Eastern Province, but Eastern Province is just as backwards as any province, more backwards than Northern Province. So promising the chiefs to make Chriticles Mwansa Vice-President is not the issue, the issue is what has he got for Luapula?" Sata asked.
"We have seen people lose their jobs. Akashambatwa Mbikusita-Lewanika has lost his job in the political arena. The Vice-President is just an individual who is going to get a good job and good money, like George Kunda."
Sata said PF rebel members of parliament who were with President Banda were very naive because he was in short telling them that they had no calibre to be appointed Vice-President.
Sata said with a visionary leadership, Zambia could eradicate the rampant poverty most citizens faced in less than two years.
"He is not even hiding it, he is telling them in their face that only Criticles Mwansa qualifies to be Vice-President...Peter Machungwa ditched MMD for PUDD, and then PF and now MMD. Chimbaka was MMD, and MMD rejected him. Probably now that he has been refurbished by PF, he has become a good leader," Sata said.
"They should emulate Saviour Chishimba, leave the bad leadership of the PF and join the good leadership of Rupiah Banda and Dora Siliya, so that we can go there and see who is more popular between Rupiah Banda and myself."
Labels: CORRUPTION, RUPIAH BANDA, SATA, TASK FORCE
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Rupiah’s US $13m lies
By Editor
Sat 14 Nov. 2009, 04:00 CAT
A president who tells lies will not have respect from his people. Lies have never been a political weapon of honest and decent politicians. It is only dishonest and low calibre politicians who resort to lies.
The problem with lies is that they are not limited to one aspect of one’s life or dealings – they are like a cancer which spreads very quickly to all parts.
Rupiah Banda’s presidency has many problems. But it is not very difficult to see why Rupiah has so many problems. A person who thinks he can run the nation on a diet of lies and half-truths the way Rupiah seems to think, soon gets into all sorts of problems. It is difficult to believe anything that Rupiah ever says. He has a problem with being honest.
We are not surprised that Rupiah has also a problem with fighting corruption. A person who has difficulties being honest about simple things can never have the courage to fight corruption. Moreover, corruption is dishonesty and as such can only be fought by people who are honest. As we have already pointed out, dishonest people deal in lies and lies cannot be used to fight corruption, to fight dishonesty. It is only honest people who can fight corruption because corruption is fought with truth. One cannot go to court and tell lies all the way and expect to secure a conviction for corruption.
It is clear that Rupiah and his minions are desperate to discredit the fight against corruption that has taken place in our country. They are scared of its consequences and are now using their power and position to frustrate this noble cause. Being liars, Rupiah and his friends are not ashamed to use lies and cheap politics to try and mislead our people. Why should a self-respecting government fight law enforcement effort? Why should politicians who are not corrupt be scared of a fight against corruption? It is only dishonest and corrupt elements who have a reason to fear the fight against corruption. This is because they know that it is only a question of time before they are visited by the law.
The neurotic maligning of those who have tried to fight corruption in our country is not innocent. Rupiah must have something he is scared of. He keeps telling our people that today it might be Frederick Chiluba, tomorrow it might be you. He said this in Kabwe where he insinuated the acquittal of Chiluba before the decision was made and now he has said the same thing in Chipata. This leads us to draw the conclusion that the reason Rupiah wants to make sure Chiluba goes scot-free is so that he can also go scot-free. To justify this evil scheme, Rupiah and his minions have shamelessly continued to tell lies about the fight against corruption.
This week in Chipata, Rupiah told the nation that the lawyers who prosecuted Chiluba for having stolen US $500,000 were paid US $13 million. Rupiah knows very well that this is a lie. And yet using his position as President, he has no shame to go on Chipata’s Breeze FM and tell lies, breathe lies to the nation. What kind of president is this? A man who can tell lies about people working for the state and paid by his government, shows us clearly that he has no commitment to honesty and integrity. If a man can tell lies about things that can so easily be disproved, what about the things that he does in the name of our people in the secrecy or privacy of his office?
It seems Rupiah and his minions have a problem with Mutembo Nchito and his role as a prosecutor. This is the only reason we can find for a president telling a lie about an ordinary citizen. We know that no Zambian lawyer has been paid US $13 million for prosecuting Chiluba over his stealing of US $500,000. We also know that it’s only one lawyer in this country who was prosecuting Chiluba in our magistrates courts for stealing, among other things, US $500,000 from the Zambian people. And that lawyer is Mutembo.
It does not make sense for Rupiah and his minons to say that they want Mutembo to continue prosecuting the corruption cases that are pending and yet continue to dishonestly malign him. Why don’t they just have the courage to fire him? Why should an entire president tell lies about a simple young lawyer? Mutembo has never been paid US $13 million for prosecuting Chiluba over the last seven years.
And even if he had been paid, did he decide what to pay himself? We all know and Rupiah also knows that George Kunda was Attorney General when Levy Mwanawasa was president. What Rupiah is doing is trying to raise public anger against a citizen whose only sin is refusing to side with what is wrong in all the work that he has done for the state, for the people of Zambia. George knows that he cannot manipulate Mutembo for stupid political schemes the way that he has been doing with Chalwe Mchenga, his personal Director of Public Prosecutions.
It is fundamentally wrong and morally repugnant for a president and entire government system to pit itself against a citizen who is working in the interest of the majority of our people; a citizen who has performed his public duty with so much honour and integrity, a citizen who has done so well in his work as evidenced by almost a 100 per cent success rate in his prosecutions. It cannot be denied that Mutembo has performed beyond expectations in the most difficult and hostile environment.
George, whose only discernable preoccupation is being Rupiah’s poisonous viper, knows the number of schemes he has hatched against Mutembo. We know this, and also know that George will stop at nothing to discredit and undermine Mutembo and his work. We are therefore not surprised that Rupiah can shamelessly tell such lies on a matter that is so easy to verify. The records are there for whoever has been paid money by his government or its agents.
If Rupiah had any decency, he would probably keep quiet about some of these matters especially at a time when those prosecuting the corruption cases against his friends continue to score successes. Yesterday, we carried a story of the conviction of Anuj Rathi and the recovery of the contract amounts fraudulently paid to him by the government.
This should be an important milestone in the fight against corruption in our country for which Mutembo and others working with him deserve credit. For the first time in the history of our country, an international conman has been sent to jail for engaging in corruption. How does Rupiah decide that it is more important to malign the fight against corruption than to acknowledge and support its successes? Instead of defending the fight and the fighters against corruption, Rupiah is doing everything possible to defend the criminals and fight the fighters against corruption.
But we know why Rupiah has to malign the fight and the fighters against corruption. He wants to justify his misdeeds on Chiluba’s acquittal. There is no need for him to continue defending Chiluba’s acquittal and his government’s decision to withdraw the appeal that was lodged against that acquittal. Rupiah will not convince anyone that this was done fairly or justly by the courts. This issue has been commented upon by the most competent individuals and institutions in this country. The Law Association of Zambia has made it clear that Rupiah’s government had no justification in not appealing. The Law Association of Zambia also found that the acquittal of Chiluba was faulty, it was not founded on good grounds. So there is no amount of propaganda, lies, calumny, deceit, manipulation and so on and so forth from Rupiah that will convince the Zambian people that the acquittal of Chiluba was a normal or usual thing that they should accept.
Rupiah’s continued campaign to justify Chiluba’s acquittal will put him in problems in the end. Rupiah will not be President forever. What Rupiah is doing today will be revealed by other people tomorrow. And the immunity he is enjoying today is not cast in stone. Rupiah and his minions are very interesting. They have been trying to create an impression that Mutembo and his firm are the only lawyers that they hired. But we all know that they hired Christopher Mundia, State Counsel, Sebastian Zulu, State Counsel, and Godfrey Kayukwa who they have now given a job to be Director General of the Anti Corruption Commission. Why don’t they talk about these other prosecutors?
Just the other week when George announced the dissolution of the Task Force in Parliament, he told the House that they were going to keep Mutembo to conclude the cases that are in court. If Mutembo is so bad, why don’t they just fire him? It is not right for a government to fight a citizen whom they are supposed to protect and especially one who is not in a position to fight back, to take them on using the same platforms.
George should be honest and tell his boss what the US $13 million they claimed to have paid the lawyers was for or where it went because it didn’t go to Mutembo for prosecuting Chiluba. Can George also tell the nation where the US $13 million his boss claims was paid to Mutembo came from?
There should be dignity and decency even in dishonesty. If George and his boss are not interested in the convictions Mutembo has been securing against their friends, they should have the courage of their convictions to ask him to leave so that their friends can be easily acquitted.
Labels: CORRUPTION, RUPIAH BANDA, TASK FORCE
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Task Force lawyers were paid $13m to prosecute Chiluba, claims Rupiah
By Chibaula Silwamba and Christopher Miti in Chipata
Sat 14 Nov. 2009, 04:01 CAT
PRESIDENT Rupiah Banda has claimed that the dissolved Task Force on Corruption lawyers were paid US $13 million to prosecute former president Frederick Chiluba over allegations that he stole US $500, 000 public funds.
And President Banda said once a person has become a Republican President, even just to call him a thief is punishment enough and for seven years Chiluba was called every name in the dictionary of insults. Meanwhile, President Banda said the government has no capacity to 100 per cent run Indeni Oil Refinery.
Featuring on Breeze FM's political hour programme on Wednesday, President Banda said attacks on his government over the acquittal of Chiluba were unfair.
“We have to decide as a people, as a country, as a government whether we want a judiciary or not. If we want a judiciary then we have to allow it to perform its functions,” he said.
“We try and say we want an independent judiciary, at the same time say that when they make decisions we find excuses as to why we don't agree with their decisions. If that happens then this country becomes chaotic. It is in countries that believe in that kind of thing where they want to interfere with the judiciary that end up in a lot of problems.
“The issue of president Chiluba is an old issue; you know that very well. I was here in Chipata with you when he was going to court. For seven years he has been accused of all manner of corruption. Nobody has ever stopped that. When I became President, I never ever stopped the judiciary. So the judiciary rules in the case that the man is innocent despite the fact that other people like The Post magazine, newspaper, everyday they said 'he was guilty, he was a thief, he was a criminal.' They said that. You know it yourself.”
He wondered why people were against the acquittal of Chiluba when no one demanded for appeal against their acquittals in the past.
“It's very nice when it's somebody else but one day it may happen to you. It will happen to you that somebody will dress you up with a slogan and people will say… It's not fair. This matter was in court. We should refrain from any comment on this matter until the judiciary pronounces itself. After the judiciary pronounces itself and said that he was innocent we accepted the decision. Now the argument is, 'why don't you go back to court and appeal against it?' Why didn't Mr Michael Sata ask us to go back to court and appeal against his theft of vehicle case when he was found innocent in court? The government didn't proceed to appeal against him. These are leaders. Once a person has become a President even just to call him a thief is punishment enough and for seven years Mr Chiluba was called every name you can think of in the dictionary of insults. So once that happened, as far as I am concerned, I decided and I didn't have a stomach for it.”
President Banda said a lot of money was spent on the Task Force on Corruption in comparison to the amount Chiluba was alleged to have stolen.
“I will give you another reason why we think it is unnecessary to go ahead and appeal; the Zambian Task Force against Corruption spent or let's say, better still, the leaders of the Task Force, the lawyers prosecuting Mr Chiluba received close to US $13 million in payment to prosecute this case. The case they had against him, they charged him for US $500,000. Only half a million dollars they said he had stolen but for that we have paid them over US $13 million; I don't have US $13 million to spend and prove to anyone that I am fighting corruption. You get my argument?
US $500,000 was what Mr Chiluba was accused of but people who prosecuted them received more than US $13 million,” President Banda said.
“Just imagine what we would have done with this US $13 million in terms of the things that we are discussing here; hospitals, schools, medicines in hospitals. So those who want to do so they are citizens and they are free; in this country anyone can take anyone to court. So go ahead and do it! But don't expect me to agree that now I must again spend US $13 million in order to satisfy certain quarters that I am fighting against corruption because I am fighting against corruption.”
President Banda said the anti corruption bill had just been passed in Parliament.
“And we think corruption can be fought even without the Task Force,” President Banda said. “We have the police force, we have the Anti Corruption Commission, we have the DEC Drug Enforcement Commission, we have many organs of our government who can perform this. So that is why our government felt that it was necessary for us to continue spending money following the acquittal. What if we spent another US $13 million and we found that the man is innocent, what will we say about us?”
President Banda argued that Chiluba's acquittal did not weaken the fight against corruption.
On statutory regulation of the media, President Banda said everyone was supporting self-regulation of the media.
“Our understanding is that everybody is for self-regulation. Our understanding as a government is that most newspapers, except one, are for self-regulation. They have said so but one or two have refused to come. Why are they refusing to regulate themselves?” President Banda asked. “I am for a free press; I will defend a free press. I saw in one of the papers where they said Sata says he is more handsome than myself. We have to ask my mother maZulu to tell us, to take a picture and ask her to choose between the two of us who she thinks is more ugly than the other. Those are petty things.”
On the government's enactment of the law to regulate non governmental organisations (NGOs), President Banda said the move was meant to ensure transparency and accountability of funds by NGOs.
“As you know we already passed that bill in Parliament. All we are saying is that in this democratic dispensation, everybody has to be transparent, everybody has to be answerable. We have got to know where are they getting the money from. How are they using this money?” President Banda said.
“You know very well that a few of them take this money and don't use it, they go to Europe and go and tell my friends in Scandinavia that 'we are going to fight this and do this' but when they come here they go and buy themselves big cars and houses. That is the kind of thing we want to fight.”
On the government's acquisition of 100 per cent ownership of Indeni Oil Refinery after acquiring 50 percent from French oil firm, Total, last month, President Banda said:
“No! No! In fact, you could see it yourself that the whole world the governments are shifting away from running these things. So we are very much aware of that. We are thinking about how best to manage our fuel requirement because fuel is like the blood in our system because when blood has escaped, you don't live anymore,” President Banda said.
“You realise that our economy, our factories, our power generators depend on fuel. So we are discussing how we can do it in such a way that fuel is not too expensive to the government and also for the people and that it is efficiently done. Also, there lies a problem, the people that are talking too much and were saying government is incompetent have vested interests in fuel supply.”
On whether the MMD will hold its convention before the 2011 tripartite elections, President Banda, who is acting president of MMD, said people would be informed when that would take place.
“If our constitution says so, of course, we will go but our constitution doesn't say we should do it now. We have a constitution, I even know roughly when we are obliged to hold a convention, but of course, for the Zambian people they should be interested of course. I understand the MMD is the ruling party, is the most important party in this country, so you can't stop people from debating the manner in which it is being run,” President Banda said. “My position on the convention and is that when the time comes we will tell the country which way we were going. It's not fair to bog us down in discussions about convention as if we promised the country that on such and such a date we are going to call for a convention.”
President Banda said the issues of the MMD convention were internal matters that did not concern non-members of the party.
Labels: CHILUBA, CORRUPTION, RUPIAH BANDA, TASK FORCE
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Task Force disbanded to protect Chiluba-TIZ
Sunday, November 1, 2009, 17:15
Transparency International Zambia TIZ has accused government for disbanding the Task force on corruption as a way of completely killing off the outstanding investigations against Dr Fredrick Chiluba and allegations which are still under investigations.
TIZ Zambia President Ruban Lifikelo
[Rueben Lifuka? - MrK] said the disbanding of the task force on corruption was done in an hastily manner which will have a negative consequence for some cases which are still before the courts of laws or under investigations.
Mr Lifekelo however said this raises questions whether the Anti Corruption Commission (ACC) will be given room to independently investigate.
He said this at a press briefing in Lusaka today.
Mr Lifekelo pointed that the institution has been given additional responsibility while government has not indicated the support it will provide to improve its capacity .
He added that it could have been appropriate if government had strengthened the capacity of the ACC before making the transition.
Mr Lifekelo noted the fact that the tenure of task force on corruption was limited and plans should have been put in place to ensure a smooth transition into the ACC.
He added that the Taskforce has scored a number of successes and recovered several asserts hence the need for government to have evaluated the work of the Taskforce before disbanding in that way.
Mr Lifekelo attributed the disbanding of the task force on corruption by government as not being thoroughly thought through the decision adding that the move has taken undoubtedly added to their efforts of killing the fight against corruption and the late president Mwanawasa’s legacy of fighting corruption.
ZANIS
Labels: CHILUBA, RUEBEN LIFUKA, TASK FORCE, TIZ
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Task Force was a high level political commitment – Nkole
By Mwala Kalaluka
Sat 31 Oct. 2009, 04:01 CAT [
FORMER Task Force on Corruption chairman Maxwell Nkole yesterday said the disbanded anti-grant institution will be remembered as a very high level political commitment to clean up the abuse of public funds.
And Transparency International Zambia (TIZ) president Reuben Lifuka said National Assembly Speaker Amusaa Mwanamwambwa should not have allowed Vice-President George Kunda to issue false statements against TIZ in the House.
Commenting on the government's decision to fuse the Task Force on Corruption into the Anti-Corruption Commission (ACC) as announced by Vice-President George Kunda on Thursday, Nkole said the fusion was long awaited.
“These plans have been on paper for the last two years,” Nkole said. “What we can remember about the Task Force is that it was a very high level political commitment to clean up our society of abuses especially at high level and I think that in future the role of the Task Force will be remembered as having built a deterrent in the way public resources are managed.”
Nkole said it was that deterrent that the people would like to see continue in the country's efforts to fight corruption and ensure that there was complete accountability in the public and private sectors.
“What is left to be seen is how the new set-up they have put in place…how the fight will be enhanced rather than cause the loss of momentum,” Nkole said. “Government insists that the Anti-Corruption Commission should be the lead institution (in the fight against corruption), whatever that means?”
Nkole said since 1984, the ACC has been the lead institution in the fight against corruption and that no other institution had claimed leadership. He said it was wrong for the government to continue insisting on the fact that the ACC should now be the lead body in the anti-corruption campaign, when that had been the status quo all along.
Nkole also maintained that his removal from the Task Force on Corruption had nothing to do with indiscipline as alleged by President Rupiah Banda, because he had to date not been accorded an opportunity to be heard.
“The question of me being indisciplined is what I refuse,” he said. “It may be fair to say 'contract lapsed I do not want to renew it'.”
Asked to state his position on assertions that the Task Force was a money-gobbling institution, Nkole said the institution was mainly funded by the donors and the government was just funding the administrative part.
He said the Task Force required more money to carry out its activities outside the country and he hoped that donor support towards the fight against corruption would continue.
And Lifuka said TIZ wanted to get Vice-President Kunda's transcript on his statement on the fate of the Task Force on Corruption before it could comment.
But Lifuka said they wanted to deal with Vice-President Kunda's statement that TIZ was using the fight against corruption in a systematic manner and that the legal team was working around the issue.
“The Speaker should not have gone ahead to allow the leader of government to speak about an institution that can't defend itself. It is not right that the Vice-President would hide under parliamentary privilege to make such a statement,” Lifuka said.
Lifuka also said Vice-President Kunda should have laid evidence of his allegations on the table.
“We have a problem with the Speaker having allowed that debate to go on. Honourable Kunda should not have just gone to Parliament to make an allegation, which was untrue,” Lifuka said. “If he really believes in what he says, why doesn't he speak about it outside Parliament?”
After delivering his ministerial statement on the fusion of the Task Force on Corruption into the ACC, Vice-President Kunda said organisations like TIZ use the fight against corruption to get money from cooperating partners.
He said with TIZ and other people it was difficult to distinguish between a political agenda and the fight against corruption.
On Thursday, Vice-President Kunda announced in Parliament that the government had fused the Task Force on Corruption into the ACC.
Vice-President Kunda said Task Force prosecutor Mutembo Nchito would continue handling his cases while the ACC would take over all the investigations of the pending cases.
In follow-up question session after he had delivered a ministerial statement on the fate of the Task Force on Corruption, Vice-President Kunda said the responsibility to fight corruption was not for the donors but for every Zambian.
He was responding to concerns from some opposition parliamentarians that wanted to know why donors had stopped funding the Task Force on Corruption.
“Donors have their own reasons for stopping but with us we will not stop funding the fight against corruption,” Vice-President Kunda said. “The responsibility to fight corruption is not for the donors it is for all of us.”
Earlier, Vice-President Kunda accused organisations such as Transparency International Zambia of using the fight against corruption to for monetary gain.
Vice-President Kunda was initially hesitant to mention the organisations and individuals that he had referred to as the ones that were using the fight against corruption to make money.
“I do not want to mention them,” said Vice-President Kunda as parliamentarians from PF and UPND pressed him to. “Their agenda when they are fighting corruption is to get money from cooperating partners and foreign organisations.”
However, the PF and UPND parliamentarians insisted that he mentioned the organisations and people he was referring to.
“There are organizations such as Transparency International Zambia, they get money from outside…They earn a living through the fight against corruption,” Vice-President Kunda said.
“You can also set up a newspaper to just fight corruption. All you just need to do is to make allegations.”
But Katuba MMD member of parliament Jonas Shakafuswa asked Vice-President Kunda to explain if it was not true that organisations like TIZ had done a good job in fighting cases of corruption.
“Yes, they make statements. They are not constructive. The way NGOs should be working is to engage government,” Vice-President Kunda said amid heckles and boos from some opposition parliamentarians.
“The problem with Transparency International and some organisations, it is because it is very difficult for us…to differentiate between a political agenda and the fight against corruption.”
And Kabwata PF member of parliament Given Lubinda said the opposition would continue to heap blame on President Rupiah Banda if he continued to shield impropriety in his government.
Debating the 2010 budget estimate on State House, Lubinda said while President Banda deserved to be shielded from the misdemeanours of the people close to him, he should not shield wrongdoing.
“If he is going to shield impropriety we are going to blame him out rightly,” he said. “Whatever they do and is not punished we are going to say it is kwasha mukwenu, which means ‘help yours’.”
Lubinda said the presidency deserves respect but that a parent who respects his children would be respected and that one who does not respect his children was setting a trap for himself.
“My colleagues on the right should be the last to be provocative,” he said.
Lubinda said the opposition would respond with their entire wrath if those in the ruling party continued to be provocative. He said there was no way that a President could refer to a citizen as a bag of mealie-meal.
Lubinda said since presidents made mistakes, they required constant counsel from the citizenry.
Bangweulu PF 'rebel' member of parliament Joseph Kasongo advised the Rupiah Banda administration not to listen to prophets of doom within the opposition.
Contributing to the same debate, Kasongo said there was need for the public relations wing at State House to be strengthened so that it could counter some of the allegations leveled against the President by certain individuals.
“Otherwise, some of these allegations may be damaging to the President,” Kasongo said. “State House must be seen to evaluate the performances of all political appointees, especially managers.”
Kasongo urged State House to take action against the Accountant General for holding on to funds disbursed by the Ministry of Finance to the districts and provinces until the list of contractors to undertake the projects is availed to the office.
Labels: MAXWELL NKOLE, TASK FORCE, TIZ
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Government disbands Task Force
By Mwala Kalaluka
Thu 29 Oct. 2009, 18:20 CAT
CABINET has decided to ‘fuse’ the Task Force on Corruption into the Anti-Corruption Commission (ACC) in line with the recently launched National Anti-Corruption Policy.
Vice-President George said in a ministerial statement in Parliament on Thursday that the decision was reached at during a Cabinet meeting of October 28, 2009.
“The Task Force shall be transformed into a department of the Anti-Corruption Commission with immediate effect. Under this policy the Anti-Corruption Commission shall be the lead institution in the fight against corruption,” Vice-President Kunda said.
“The Anti-Corruption Commission shall take over all the criminal cases started by the Task Force on corruption and continue with their investigation and or prosecution.”
Vice-President Kunda said it was common knowledge that the Task Force on Corruption was currently being managed by the Director General of the ACC, who is its current chairman.
“During this transition period only one private prosecutor currently prosecuting the remaining cases for the Task Force on Corruption shall be allowed to continue with those cases, under the auspices of the Anti-Corruption Commission, but his terms of engagement shall continue to be reviewed depending on the volume of work still to be attended to,” Vice-President Kunda said.
“Hon. Members may wish to know that of the three private legal practitioners engaged by the government to prosecute for the Task Force, one of the legal practitioners had his services terminated due to lack of work, while the other, namely, Col. Godfrey Kayukwa was appointed Director General of the Anti-Corruption Commission. This left only one private legal practitioner, namely, Mr. Mutembo Nchito who is still dealing with the remaining cases.”
Vice-President Kunda said the Task Force on Corruption was an ad hoc institution that was established by the late president, His Excellency Dr. Levy Patrick Mwanawasa SC in July 2002 in exercise of his presidential powers to investigate and prosecute cases of plunder of national resources and corruption, which occurred during the reign of second republican president, Frederick Chiluba between 1991 and 2001.
“The Task Force on Corruption members drawn or seconded from the Zambia Police Force, the Anti-Corruption Commission, the Drug Enforcement Commission and the Zambia Security Intelligence Service and has been assisted by private legal practitioners of cases,” Vice-President Kunda said. “The Task Force on Corruption has substantially executed its mandate and most of the cases under its jurisdiction have either been concluded or are pending appeal in higher courts. A few cases are pending trial in the subordinate courts.”
He said in line with the National Anti-Corruption Policy, the government shall build the ACC’s capacity and create specialised departments that shall deal with related crimes such as fraud, financial crime, corruption and money laundering cases that were being investigated and prosecuted by the Task Force on Corruption shall be fused in the relevant department referred to above.
“Under this new arrangement, government shall employ highly motivated legal practitioners, forensic investigators and other experts,” Vice-President Kunda said.
Vice-President Kunda said eventually the government shall discontinue the practice of relying on private prosecuting cases and rely on public officers.
“With regard to the office of the Director of Public Prosecutions, which I have already mentioned, government shall pass legislation for the creation of the National Prosecution Authority which shall employ highly motivated legal practitioners to prosecute cases under the direction and superintendency of the Director of Public Prosecutions,” he said. “The same arrangement has been introduced in respect of the Legal Aid Department which has been turned into al statutory board known as the Legal Aid Board.”
He said conditions of service for these experts in the ACC would be improved and that in fact conditions of service for officers in the ACC had been improved tremendously recently.
“There is need to fight corruption in a coherent and not fragmented or duplicitous manner,” Vice-President Kunda said. “The Task Force on Corruption in executing its mandate has successfully prosecuted several high profile cases involving senior public officials and other persons and traced and recovered several assets which were misappropriated and or corruptly acquired from public funds. Notwithstanding this position however sustaining the operations of the Task Force and retaining private legal practitioners in Zambia and in foreign countries has been very costly to government.”
Vice-President Kunda, who urged cooperating partners to support the fight against corruption, said the Task Force on Corruption was not created by an Act of Parliament.
“The Anti-Corruption Commission which is assimilating the Task Force on Corruption is already backed by an Act of Parliament and we shall enact further legislation to strengthen the fight against corruption.”
Labels: ACC, CORRUPTION, TASK FORCE
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Nkole turns down Task Force’s request to appear before court
Written by George Chellah
Monday, September 21, 2009 4:50:33 PM
THE Task Force on Corruption last week requested its immediate past-chairman Max Nkole to appear before court in the matter in which defunct Access Financial Services Limited (AFSL) directors Faustin Kabwe and Aaron Chungu are challenging its legality. But Nkole stated that his appearance before High Court judge Christine Phiri would be inappropriate until and unless imputations on his character were cleared.
In a letter to Nkole dated September 15, 2009 which was also copied to a Mr S Lukangaba, assistant senior state advocate, Task Force chief of administration/operations Diamond Likashi requested Nkole to attend court before judge Phiri.
“Re: Faustin Kabwe and Aaron Chungu vs Attorney General. Subject matter refers. You are requested to kindly ensure attendance of court before judge C.B Phiri at 09:00 hours on Wednesday, September 16, 2009. Find attached hereto copy of a self explanatory letter from Ministry of Justice dated September 15, 2009,” Likashi stated.
And according to the letter to the Task Force acting chairman dated September 15, 2009, assistant senior state advocate S. Lukangaba asked the Task Force to ensure that Nkole attended court on Wednesday September 16, 2009.
“Dear Sir, Re: Faustin Kabwe and Aaron Chungu Vs Attorney General. The above caption refers. The applicants commenced proceedings by way of Judicial Review challenging the legality of the Task Force. Your predecessor Mr Maxwell Nkole deposed to an Affidavit in Opposition of the Notice for Judicial Review,” Lukangaba stated.
“He is required to be cross examined on the facts contained in the Affidavit. Kindly ensure the attendance of Mr Nkole before judge C.B Phiri at 09:00 hours on Wednesday the 16th of September, 2009.”
But in a letter to Lukangaba dated September 16, 2009, which was also copied to the Task Force officer-in-charge and his lawyers Messrs Fraser Associates, Nkole stated that his appearance before justice Phiri would be inappropriate until and unless imputations on his character were cleared.
“With reference to your letter addressed to acting chairman of Task Force on Corruption dated 15th September, and that of Task Force chief administrator of same date marked TFC 64/2/1 requesting my attendance at Court before justice C.B Phiri in the matter above, I wish to inform you that my attendance will be contigent upon certain benchmarks being met by your office. (1) My attendance costs will be paid prior to appearance at K500,000 per hour spent at Court and includes my security,” stated Nkole. “
(2) My transport costs will be paid at K150,000 per kilometer to and fro my residence (wear and tear of car and fuels), bearing in mind that government transport was withdrawn from me by Task force immediately my services were terminated.
(3) A written undertaking from your office to confirm that my service with GRZ were terminated NOT on account of indiscipline on my part, but through a normal lapse of service contract. As you know my four-year service with GRZ was terminated on 26th August, 2009 amid accusations that I defied instructions from government which accusation is of course totally untrue. Besides, prior to my removal, I was never given chance to be held regarding the alleged ‘defiance of instructions'.
“In the foregoing circumstances, my appearance before justice Phiri will be inappropriate until and unless imputations on my character are cleared and an attestation of my good service to government is confirmed by your office through a written letter addressed to me. Further correspondence on this matter should be addressed to my lawyers Messers “Fraser Associates” of Fintex Building, Lusaka, who by copy of this letter have my instructions to act for me.”
Labels: COURTS, MAX NKOLE, TASK FORCE
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US following Chiluba’s acquittal with interest – Booth
Written by George Chellah
Monday, September 07, 2009 3:05:36 PM
UNITED States Ambassador to Zambia Donald Booth has stated that the US government is following events connected with the Frederick Chiluba criminal judgment and the Task Force on Corruption with great interest. And Ambassador Booth stated that Americans believe a free and independent press, one that is able to question and criticise government actions and policies, is fundamental to any democracy.
Responding to a press query from The Post, Ambassador Booth stated that the Zambian people have a right to honest and effective stewardship of Zambia's public resources.
"The Zambian government's pursuit of criminal and civil cases against former president Frederick Chiluba and other senior government officials demonstrated seriousness about combating corruption and that no one should be considered above the law," Ambassador Booth stated.
"We are following events connected with the Chiluba criminal judgment and the Task Force on Corruption with great interest. What is important is that serious efforts to combat corruption at all levels continue to be pursued vigorously and effectively. We have an ongoing dialogue with the government on corruption."
And Ambassador Booth stated that the United States supports all those who stand for free, responsible and independent press.
"Americans believe a free and independent press, one that is able to question and criticize government actions and policies, is fundamental to any democracy. It is important that Zambians inform themselves, debate the issues and advocate for the media freedoms they desire," Ambassador Booth stated. "I'm also including the following quote made by US President Barack Obama on World Press Freedom Day: '... in the Universal Declaration on Human Rights (is) the fundamental principle that everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.'"
Meanwhile, National Energy Sector and Allied Workers Union (NESAWU) general secretary Yotam Mtayachalo advised Chiluba to humble himself.
"I would like to take this opportunity to advise former president Chiluba to humble himself before the Zambian people after his acquittal than entangle himself in a number of issues which may send wrong signals to the outside world. Dr Chiluba should not start to make demands because it is premature for him to do so and should let the dust to settle," Mtayachalo said. "It is premature in the sense that we have been told that there are a number of pending cases of alleged embezzlement of public funds. I feel most Zambians would be happy to see Dr Chiluba being cleared of these serious allegations of corruption which were levelled against him by the state. I strongly feel that allegations of US $20 million arms deal, Carlington maize and colbalt scams and proceeds of privatisation funds are serious issues of national interests which cannot just die a natural death."
He said it would be to his advantage if Chiluba was cleared of the allegations because that was the only way he could restore his damaged reputation.
"I would be happy if he can help the government to shade more light on these allegations so that the money can be recovered. I want also to advise the government to handle Dr Chiluba's US $8.5 million claim and the restoration of his immunity with a lot of caution to avoid sending a wrong signal to the people of Zambia and the donor community because such a move if not properly handled may boomerang. There is a lot of resentment on the Zambian streets concerning this matter and my humble advice to our government is that extra care must be exercised before entertaining such a request," Mtayachalo said. "I agree with people who have the view that Dr Chiluba must provide proof on how he acquired that money. So that neither himself nor the people of Zambia are disadvantaged especially that the said money is in the government account. If the money was donated by well-wishers, we need to know whether it was donated to the party or the state. I believe that donations received by the President is done so on behalf of the party or the state and cannot be a property of an individual.
"This is probably the more reason why Dr Chiluba's government grabbed the vehicles from former President Kaunda which were donated to him by the late Iraq president Saddam Hussein. His government is also on record of having converted new UNIP headquarters along Independence Avenue in Lusaka because we were told to believe it was built out of public funds."
He said if Chiluba was given back the US $8.5 million and his immunity restored without satisfactory explanations, it would be a very sad development.
"And a huge setback to the fight against corruption especially that government recently launched the national anti corruption policy. Dr Kaunda spent 27 years in State House but did not have such money and it therefore calls for Dr Chiluba to disclose the sources of that money he is claiming," said Mtayachalo.
"Giving that money to him without proof will be setting a bad precedent for the nation in the sense that any future President may also claim having put his or her money in the Zamtrop account and will be a recipe of corruption."
Labels: CHILUBA, DONALD BOOTH, TASK FORCE, USA
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Free and vibrant press is vital, says Ross
Written by George Chellah
Wednesday, September 02, 2009 3:55:19 PM
BRITISH High Commission second secretary for Political, Press and Public Affairs Gordon Ross has observed that the Task Force on Corruption’s successes led to Zambia enjoying a strong reputation internationally, warning that reputations can be easily tarnished.
And Ross has noted that a free and vibrant press that is able to challenge and criticise government is an important element of a democratic society.
Responding to a press query from The Post, Ross stated that both the Anti-Corruption Commission (ACC) and the Task Force on Corruption, as set up by late President Levy Mwanawasa, had done a commendable job in tackling corruption.
“Under the stewardship of Maxwell Nkole the Task Force has successfully prosecuted individuals who have abused Zambia's resources and had led to Zambia enjoying a strong reputation internationally for the fight against corruption,” Ross stated. “Reputations can be easily tarnished if the basis on which they build is not deepened and strengthened. We therefore hope and expect that this good work will continue, and we look forward to the further strengthening of the fight against corruption in Zambia.
“The UK stands ready to support implementation of the Anti-Corruption Policy and continue its support in Zambia's fight against corruption. Since 2000, the UK has provided £7m to the ACC and £1.4m to the Task Force.”
He stated that the UK was following events connected with the Chiluba judgment and the Task Force with particular interest, as they were of great importance to Zambia and the Zambian people.
“The decision on whether to appeal against former president Chiluba's acquittal is for the Zambian government to make,” Ross stated. “The Zambian government has expressed its commitment to tackling corruption. The Zambian people have a right to see such commitment being implemented and be assured that no individual should be above the law.”
He commended the Zambian government for approving and launching the National Anti-Corruption Policy.
“As the President himself said at this launch, justice needs not only to be done but also to be seen to be done. The challenge for the Zambian government is to effectively implement this policy. Good policies do not always lead to good actions and it is the implementation and impact of this policy that the Zambian people will be interested in seeing,” Ross stated.
He stated that the UK worked closely with the government on all areas where they provided funds.
“The government has given a commitment to abide by the principles of good governance and sound financial management. If we have concerns we discuss these with the government and together agree appropriate action,” he stated.
On statutory regulation of the media, Ross stated that anyone affected by restriction of freedom of expression must be able to challenge the validity of that restriction before an independent court or tribunal.
“The UK recognises that there should be an appropriate balance between the human right to freedom of expression (guaranteed in UN regional rights instruments and national constitutions) and the need to protect individual reputations,” stated Ross.
“However, restrictions on free speech must meet stringent criteria. Any restriction on expression or information must be prescribed by law. The UK government believes that a press free from interference from the State is fundamental to democracy. For this reason, we would not seek to intervene in any way in what a newspaper chooses to publish.
Labels: CENSORSHIP, GORDON ROSS, PRESS FREEDOM, TASK FORCE
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Nkole asks lawyers to look into his contract
Written by Patson Chilemba
Tuesday, September 01, 2009 4:33:23 PM
FORMER Task Force on Corruption chairperson Maxwell Nkole has asked his lawyers to look into the matter of his contract termination. In an interview, Nkole said there were legal consequences with regards to termination of his contract as Task Force on Corruption chairperson by President Rupiah Banda's government.
"First of all, the issue of my contract is a matter that my lawyers will have to deal with. I said that I didn't object to the termination of my contract. But there are legal consequences to that. It is a matter that is subject to administrative legal interpretation. So my lawyers will be looking into that," he said.
President Banda has said he fired Nkole for indiscipline because he defied the Director of Public Prosecutions' advice not to appeal against former president Frederick Chiluba's acquittal before studying the judgment.
On Chiluba, who has written to the Law Association of Zambia (LAZ) to complain against Task Force on Corruption prosecutor Mutembo Nchito, claiming that he 'illegally' filed a Notice of Appeal against his acquittal on theft charges involving US$500,000, Nkole said Chiluba and his spokesperson Emmanuel Mwamba were acting from a point of ignorance. He said the Task Force was created by the executive powers of the President, and Mwamba did not know how the Task Force was structured.
"Yes, he [Nchito] is an agent of the DPP, but in his day-to-day duties, he gets instructions from the Task Force, and he has been designated to come and work with the Task Force by the DPP on behalf of the DPP. Mr. Mwamba is entitled to his opinion. It is up to LAZ to call the evidence," he said.
Nkole said it was impossible to fight corruption without strong political will because such a fight was bound to fail.
Asked if there was strong political will from President Banda's government to fight corruption, Nkole responded: "I am a witness on behalf of the state. So I have a position as a witness on most of these issues."
In a letter written for and on behalf of Chiluba to LAZ president Stephen Lungu dated August 27, 2009, Mwamba stated that Nchito's conduct amounted to deliberately breaking the law by attempting to appeal without lawful instructions or directives.
Nkole stated that Nchito had repeatedly presented himself in court that he was a representative or agent of the DPP and in some circumstances had produced letters of appointment from the DPP when his status was under question.
And addressing Zambians living in Swaziland on Saturday, President Rupiah Banda revealed that he had fired Nkole because he was indisciplined. President Banda said Nkole had defied the Director of Public Prosecutionsí advice not to appeal against Chiluba’s acquittal before studying the judgment.
“For me, it was indiscipline on Mr Nkole’s part. Mr Nkole was appointed by the president, so when he defied the DPP’s advice, I failed to sign the renewal of his contract. I said to myself, how can I work with such a person who does not want to listen to advice and follow regulations?” President Banda said.
He said Nkole’s contract had already expired five months earlier by the time the decision was made not to renew it.
“The contract overshot but I let him continue to operate until he decided to ignore advice by the state,” he said.
President Banda said for now, he would sit back and listen to people’s opinions on the issue.
“I am under extreme pressure to take Dr Chiluba back to court but I am saying that I should be given chance to listen to my advisors,” said President Banda.
But when Nkole was fired, Secretary of the Cabinet Dr Joshua Kanganja issued a statement saying Nkole’s contract had expired.
Labels: CHILUBA, DPP, MAX NKOLE, TASK FORCE
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Former Task Force on corruption Chairman Max Nkole interview with Muvi TV
Written by George Chellah
President Rupiah Banda's government has fired Task Force on Corruption chairman Max Nkole following his appeal against the acquittal of Frederick Chiluba and the lengthy interview he gave to MUVI TV on Monday night.
Announcing the termination of Nkole's services in a short statement last evening, Secretary to the Cabinet Dr Joshua Kanganja stated that "following the expiration of the contract of employment of Mr Maxwell Nkole as executive chairman of the Task Force on Corruption, Mr Godfrey Kayukwa, director general of the Anti-Corruption Commission, will with immediate effect, serve as executive chairman of the Task Force for administrative convenience until further notice".
On Monday night during MUVI-TV's Matter at Hand programme, Nkole said nobody in the corridors of power should block the appeal against former president Chiluba.
"...Because we want to go and argue, to present our arguments before a higher court as to why we think there should have been a conviction. And I hope that nobody in the corridors of power and elsewhere should come and say we are blocking this appeal," Nkole said. "You can't block an appeal, the court said either party can appeal, why should anybody want to jump up and say you are not gonna go ahead. If the two co-suspects who have been convicted have got a right of appeal why shouldn't the state have a right of appeal?"
He insisted that what he did in instructing MNB legal practitioners to go ahead and file the grounds of appeal was the rightful thing.
"We have to be seen to be advancing the due process of the law. We can't block a due process by saying we shouldn't go ahead with the appeal. Let the higher court... after all these cases are of great public interest," Nkole explained. "You know these are not cases that you want to close just at the magistrate level and say it's done, it's not done. You gonna have to prepare yourself to go all the way up to the Supreme Court. That is how justice is dispensed and that's how it is supposed to be seen to be dispensed."
Below is Nkole's interview with MUVI-TV's Kennedy Phiri:
Kennedy Phiri: Once again the guest is Mr Maxwell Nkole Task Force on Corruption chairperson, good evening Mr Nkole and welcome to the programme.
Nkole: Good evening thank you, it's a pleasure to be here.
Phiri: It's great to have you. We are really blessed that you could find time to be with us on this programme.
Nkole: No... I had to, I have not been to the studios for a long time. I think I passed through once and it's a great pleasure to be back here.
Phiri: Mr Nkole I think getting underway it is important maybe for us to establish the background to the issue that we are looking at this evening.
Nkole: ...I have been in this job for the last four years and it was in 2005 that President Mwanawasa approached me to come and take over this role from old man Mark Chona because he wanted to make a change. So I left my United Nations employment to come and take up this challenge. And at the time and in accordance with the President's briefings, there were over 70 cases the Task Force had opened and some of these cases involve Dr Chiluba and some other people whose cases we have already processed. The President was anxious that the cases were not moving and he told me that there was need to get these cases moving and where there was insufficient evidence close the cases and clear the people who are suspected to have committed the offences. But at the same time he said to me that you have to prosecute those where there is a prima facie case, so since my arrival at the office we have been scrutinising through this case files and as you know looking at the whole administration of president Chiluba's government, the ten years, it's quite a huge task and so here we are and several other cases have gone under. We have secured convictions as Task Force in extent of 13 convictions. We have outstanding cases at investigation stage, we have been involved in the recovery of assets and we also been involved in both criminal and also civil litigation. Most of these cases at civil law here in the High Court in Zambia going all the way on appeal up to the Supreme Court are still outstanding. Some of the litigation we have been involved in including the London judgment are cases that are yet to be registered here again opening up another avenue for civil litigation before our own High Courts here. We have several cases at criminal law, which are still outstanding and one of them is president Chiluba's case, which ended up in acquittal last week. Shortly after the acquittal, I issued a statement to say that we welcome the conclusion of that case because from 2003 and this is 2009 it's six years later. We have been in court back and forth and these cases were not being decided on time. So for us at the Task Force we are quite happy that the case had come to a conclusion and I said regardless of what is the finding of the court, let us accept that the court has made a decision. Now apparently I was misquoted to suggest that I was saying that we have accepted the judgment, far from it!
Phiri: We are meant to believe that you congratulated in fact the former president on that one.
Nkole: No, no, no! I didn't. All I said was that we do accept as Task Force the decision of the court because we have to respect our courts' independence of the way they do things. However, we were unhappy and because maybe I didn't come out strongly about us being unhappy following the acquittal two three days later it became necessary for me to clarify our position and that's when I said that we are not happy with the acquittal because we strongly believed that Dr Chiluba was not innocent and there were reasons for that. At the same time we also welcome the conviction of the other two co-accused persons in the same trial. We said we welcome the conviction of the two co-accused person but we are not happy with the acquittal of Dr Chiluba, we believe he is not innocent.
Phiri: What does the acquittal mean?
Nkole: The acquittal unfortunately it's the decision of the court and what it means is that either party who is dissatisfied with the decision can go to a higher court and raise grounds of appeal. In this case for instance, if you look at conversely the conviction of Mr Kabwe and his co-accused Aaron Chungu and then subsequent being sentenced to prison, they went to prison and actually filed the notice of appealing. They are appealing against their conviction and sentence. And the court said then that either party to those proceedings can actually appeal. The court gave the right to either party either the state, Mr Chungu including Dr Chiluba can make an appeal on this matter. The acquittal for us it's the decision of the court, which we respect and we have the freedom to either appeal on it or leave it as it is and that's how we are looking at things. Subsequently, I have given instructions to MNB Chambers who are the lawyers who have been conducting the prosecution of this case all these years to say that if there are good grounds of appeal, we should go ahead and make that appeal.
Phiri: On the same aspect of appealing Mr Nkole, people have argued that you do not have the mandate, that mandate that has to come from the Director of Public Prosecutions (DPP).
Nkole: They are arguing out of ignorance. In my briefing notes upon my appointment, I sat with the President and he explained to me how he expected me to work with the DPP, how he expected me to work with the Attorney General. And he defined what should be the role of the chairman of the Task Force against corruption. He did underline that we have a collaborative relation with the office of the DPP and Attorney General. He never said I should take instructions from the DPP or the Attorney General for whatever we do because president Mwanawasa wanted to be very distinct about the role of the prosecutor and the role of the investigator. He didn't want to mix the two roles so he said the chairman of the Task Force will be solely responsible to carry out investigations and then I am going to give him a pool of lawyers to work with. Should the matter require that it should go for review to the DPP, the chairman refers the matter to the DPP and that is how we have operated. I work very closely with the office of the DPP together with the Attorney General and all these cases we have done in London and prosecution of cases we have done here we have done and I have done it with full disclosure both to the Attorney General and the DPP including this particular acquittal.
Phiri: What is your reaction listening to latest information coming through that the DPP has given instructions that you shouldn't proceed with the appeal? He feels that there is need to study the court ruling.
Nkole: Well I think it's a question of semantics I am not sure that he is supposed to...I think he has advised. He gave advice that he wanted to look at the judgment so that he can give his own opinion. But that's not the way we operate, how we have operated in the last six years is that our prosecutors prosecute these cases and if these cases are appeallable, we make a decision, a management decision at the Task Force that we should appeal. That's how we have operated. I personally do not think president Chiluba's case is anything special that our own prosecutors or indeed myself cannot make a decision that we are going to appeal. And it's from that premise that I wrote a letter to MNB chambers. I said well it looks like there is an acquittal here but according to the advice you have given me, there are grounds to appeal I would like you to go ahead and in the meantime let me inform the DPP that we are going to go ahead with the appeal, so he was informed.
Phiri: Are you going to take his advice on this or not?
Nkole: Advice to appeal we have already appealed. As a matter of fact, I shouldn't even be discussing the merits of our grounds of appeal right here because we already lodged in the papers. As of this afternoon, the clerk of the High Court has already accepted the documentation. It is already in so it's not an issue now and if I try to make any comments on our appeal strategy it will be subjudice. I would rather not make any comment on this matter and it's a matter that we gonna have to deal with internally between my office and that of the DPP. But in terms of legality of whether we should appeal or not, the appeal as already gone through.
Phiri: Are you able to walk us through some of the grounds that you feel this case has to go back to court?
Nkole: Well not exactly, I would rather maybe we don't discuss the grounds of appeal right now especially in view of some of the political interests that are being expressed right now in the Chiluba camp and among some of our own government officials, I would rather not. But I think that our statement is that we have already filed an appeal, as of this afternoon it's gone through and whosoever wants to be party to that appeal is free to come and join us.
Phiri: Talking about political sentiments really before judgment there were such political statement...I know you have spoken highly of the late president Dr Levy Mwanawasa, really is the current government committed to fight this corruption?
Nkole: What I would say is that Kenneth Kaunda had his own strategy of fighting corruption. I remember I was on the team that investigated Kenneth Kaunda on the copper gate and president Chiluba came into office after Kaunda and he commissioned an investigation against Kaunda for theft of copper. And I and the late Alex Makayi we looked into those and we developed some case files. He had his own strategy how he wanted to investigate alleged corruption, president Chiluba. Then after him comes Mwanawasa and Mwanawasa too forms the Task Force against corruption and he believed that high-level corruption had gone too far in president Chiluba's era so he creates the office that I am heading and we have been working by way of a vision that Mwanawasa had and the strategy that he had. Now after Mwanawasa, we have the current government who is actually a spill over or just a continuation of Mwanawasa's legacy. They have inherited the Task Force and I think since the time President Banda has been in office, we have heard from government, the leader of the House saying that the fate of the Task Force is being decided by the government, which is fine. Which means that the government is looking at maybe the new strategy of how to advance the fight against corruption and may not necessarily want to approve the current status quo. If it is the intention of the government to disband the Task Force at this point in time, it is within their will to do that. We will be more than ready close the doors and handover the keys.
Phiri: Do you think this issue is coming up maybe because of the way the Task Force was established? People have argued really that your body is basically illegal.
Nkole: You know Ken, president Mwanawasa invoked and you can read this on your own Article 61 of the Constitution of Zambia in creating the Task Force. And that Article 61 states that the President of the Republic of Zambia shall have power, one to create and to dissolve any office within the land, two to appoint and disappoint any other person that he wants and in his appointment letter president Mwanawasa cites the provision of the Constitution to say in the exercise of powers vested in me as president of the Republic, I hereby create the Task Force on Corruption, which will be headed by a chairman.
Then he goes to spell out the duties of the chairman of the Task Force on Corruption. People have said the Task Force is illegal, if the president is acting within the powers of the Constitution is he acting illegally? I don't know where some of the people which law school they went to...I went to the University of Zambia and I know that when the president invokes powers vested in him under the Constitution, he is acting legally and constitutionally. So those people that have been challenging the legality of the Constitution maybe might be doing that out of ignorance. They don't know what the president did to create this office. What they could be doing is maybe challenging the current administration or whosoever is in the office now to say can you revoke the creation of this office. And of course the president including President Banda right now has got the power. If he wants to close the Task Force tomorrow all he has to do is invoke his powers under the same Constitution, the same Article 61 and say I hereby dissolve the Task Force and then tomorrow we can lock up and go, period.
Phiri: Has the death of president Mwanawasa made your work any difficult?
Nkole: Well, president Mwanawasa had a great passion and being a lawyer himself he wanted to follow details of our work to the letter because as a practitioner he was always interested in knowing the outcome of cases, in knowing difficulties of the office and through the executive briefings I could have with him he would ask me if I was having any difficulties. And when it comes to logistical support he would refer me to the Secretary to the Cabinet to say go and see the Secretary to the Cabinet to look into your staffing levels or into your transport or fuel problems or your travel and stuff like that. When it came to policy matters or matter pertaining to civil litigation he would encourage me to say go and discuss it with the Attorney General. If we were prosecuting a matter which requires the consent of the DPP he would encourage me seek concurrence of the DPP but in all these other cases we don't need the DPP's consent to prosecute, we make our own decisions within the Task Force because we've got qualified lawyers some of them, ex-lawyers such as Sebastian Zulu are State Counsels, Mr Mundia State Counsel these guys are fully, totally qualified to analyse and give opinion on any matter and we have been guided. The success that has been registered by the Task Force in terms of conviction and stuff like that is a result of the good work that these lawyers have been putting in. We haven't had assistance in terms of prosecuting these cases from the DPP's chambers. We don't have prosecutors seconded there because most of the officers there may not be fully acquainted with the cases at hand. So the DPP and the Attorney General made a decision that we should hire private practitioners, people that are already in practice to come and assist us and these are the people that we have been working with and they are capable of making any decision on any matter.
Phiri: Maybe I bring you back to the case of the acquittal...there are so many issues that are pending, we know that you seized a number of properties from him, what is the status as regards this property?
Nkole: Again I said that we have filed an appeal pertaining to the criminal case and it's only one criminal case that we have been dealing with concerning Dr Chiluba, which is to do with the Zamtrop account. We haven't yet pulled out the other files from our closet where Dr Chiluba is implicated in, we haven't yet done that. So we just wanted to pull the Zamtrop case upon which he has been acquitted in order not to be seen that we are being vindictive or we are just trying to mess Mr Chiluba around by bringing in so many cases at the same time. But I have information, I have the intelligence concerning his involvement, if I may say on other outstanding investigations, which I propose that we should wind up because I inherited these cases, they have to come to conclude. And needless for me to dwell in into which cases these are because you see it might be prejudicial to him. But just broadly speaking we have the Carlington maize... eight and half million dollars, with two Canadian commodity brokers Ali Ben Menashe and Alexander...the two directors of Carlington. Alexander we have traced him now he is in Louisiana Prison and so it's our intention to talk to him and tell us where they took the eight and half million dollars? Who benefited from the eight and half million dollars? Is there any Zambian who benefited? The same thing goes with the US $20 million, which went to Mr Katebe Katoto. We've got to get to the root causes and beneficiaries of this money, where it has gone. This is Zambian money, you close the Task Force today you have to make a provision to ensure that these cases are concluded tomorrow or the other day. For now we have the mandate to deal with these cases, so we gonna have to deal with them for as much as we can and given the competencies at hand. If anybody is trying to block processing these cases because they want to close the Task Force, it is within their right to do so and the authorities will be able to see through why people are advocating for the closure of the Task Force.
Phiri: What could be the implication if such a move was to be taken that the Task Force is closed?
Nkole: Obviously, the government will have to put up what we call an exit strategy, they have to guide us as to how they want the closure to take place from the point of maybe handing over case files which are currently pending to another institution and then also telling us how to clear up all the cases which are currently in court. And also move forward now to an administrative closure and accounting for everything that we have done before we hand over the case. But I think it will be up to government to propose if eventually they decide that yes we should close by such and such a date they will give us the guidance of how they want to close it. Sometimes you can just slum the door and say it's closed. We don't mind about that and it's not within our competence to suggest whether they should or they should not close the office. All we know is that the government intends to give much more power to the Anti-Corruption Commission (ACC), they want to strengthen it in several ways so that they can be the leading institution to tackle cases of corruption in future. If that means handing over all the cases that are at the Task Force to the ACC we are more than willing to do that.
Phiri: We move on Mr Nkole...I wanted your interpretation of the London judgment, which is yet to be registered here... what is the connection, the London judgment as well as the acquittal given?
Nkole: Absolutely, absolutely, you can look at it this way, the London case, the level of us as prosecutions group to prove that case is slightly lower than the level that is required in criminal cases. In the civil case you have only to prove the case maybe on a balance of probabilities they call it. Due to sufficient evidence to show that a wrong has been occasioned, on the other hand a criminal case requires a higher standard of proof beyond reasonable doubt. It is that ‘beyond reasonable doubt’ that on Monday last week the court here decided that maybe we didn't discharge that burden of beyond reasonable doubt. But mind you this is the same court who said, who says, we haven't discharged the burden who at the closure of the prosecution case had indicated that Dr Chiluba had a case to answer. They made a ruling, he has got a case to answer and they proceeded to put him on his defence. He was put on his defence and he gave an unsworn statement. Had he given a sworn statement, it would have enabled us to cross-examine him on the monies on his account so-called Zamtrop money, which was received on his behalf from well-wishers we wanted to know, who are these well-wishers? Could these well-wishers be some of the Carlington people who have taken US $8.5 million, could some of these well-wishers be the Katebe Katotos who have taken US $20 million, we want to know. So the very fact of finding him with a case to answer at the closure of the prosecution case and then with all the contradictions that eventually happened in the course of the defence case we find that no, he is not an innocent man. The same court alludes to that fact that they found him with a case to answer. So now when you compare the two, the liability case in London found him liable for fraudulent transactions and ordered that he should pay an equivalent value of money. We yet have to register that judgment so that we enforce it...now in extent of US $50 million, we have to recover from Dr Chiluba. And I want to say that the criminal matter has got no bearing on the London civil case because the London civil case is not about Zamtrop per se. It's about various other illegal things that occurred in his administration. The Zamtrop case upon which he has been prosecuted two of his co-accused have been convicted personally, I don't see how he could have been acquitted.
Phiri: Do you think there was an invisible hand in this judgment?
Nkole: I wouldn't say, what has happened here only upon appeal shall we know the truth. Nobody should want to block the appeal because we want to go and argue to present our arguments before a higher court as to why we think there should have been a conviction and I hope that nobody in the corridors of power and elsewhere should come and say we are blocking this appeal. You can't block an appeal, the court said either party can appeal, why should anybody want to jump up and say you are not gonna go ahead. If the two co-suspects who have been convicted have got a right of appeal why shouldn't the state have a right of appeal? So for me, I think that what I did in instructing MNB to go ahead and file the grounds of appeal is the rightful thing. We have to be seen to be advancing the due process of the law. We can't block a due process by saying we shouldn't go ahead with the appeal let the higher court....after all these cases are of great public interest. You know these are not cases that you want to close just at the magistrate level and say it's done, it's not done. You gonna have to prepare yourself to go all the way up to the Supreme Court. That is how justice is dispensed and that's how it supposed to be seen to be dispensed.
Phiri: On the registration of the London judgment, where are we?
Nkole: We have started off very well, the Attorney General did a good job and we went before the late justice Japhet Banda but unfortunately as you know he passed on in a traffic accident, which means we have to restart the whole motion. Filing in motion before another judge, reallocation of the case before another judge, setting up dates of trial and most of the calendars are actually locked up. As of now, the Attorney General is trying to secure the dates when the hearing could take place. The Chiluba camp and his co-defendants are challenging the registration of that. So most likely we are going to go in for a protracted litigation just to get the registration of that judgment endorsed or secured by the court it will be protracted. And so far as that judgment...the London judgment is not resolved, you can't talk about the lifting of Chiluba's immunity. And in so far as these criminal cases upon... the state hasn't yet exhausted the proceeding and the procedure of appeal up to the Supreme Court, you can't talk about the lifting of somebody's immunity.
Phiri: Some people argued that the case in the London High Court is a civil matter that can't block the issue of restoring his immunity.
Nkole: When his immunity was being lifted, it never stated that it's only limited to criminal matters, no! All sorts of abuses committed during his administration whether they are civil or otherwise. We, the people that have been strategising to select and choose which abuses, we decided that some of these abuses are best dealt with civilly. So a better option which would eventually just lead us to recover the amount of money, which was abused. Houses were bought using government funds, we have to recover all that...vehicles were abused, money spent on children's education, public money and a poor Zambian there in the streets is actually there suffering, so we have to recover that and restore it to the Zambian people. President Mwanawasa said that all the monies that are being recovered by the Task Force should go into a recoveries account at the Bank of Zambia, which is actually managed by the Ministry of Finance and that, that money should therefore, eventually be used by the Ministry of Health to upgrade district hospitals across the country. Now that is not up to me to say what is going on there, that will be up to the government to say whether that policy, which was endorsed by Cabinet is currently ongoing and if they are using those monies that have been realised. The London judgment is in extent of 400 million if you put all the defendants together. We have to enforce that judgement in respect of each one of them. By the way, we have already made recoveries against Shansonga one of the co defendants. So what stops any other co-defendant from not paying their liabilities? Boutique Basili who was making the shoes and suits for Dr Chiluba says 'here is your money I am giving it back to the Zambian people I didn't know that I was doing this thing in a country which is as poor as what I have come to learn. I cannot have any of this money you have to have it back.' He has paid it back so several other defendants are starting to pay back this money and there is nothing special why Dr Chiluba's liability should not be enforced. You can argue and delay its registration but at the end of the day, we have a solid case against him at civil law there. And then side by side as I have said that we gonna have to appeal on this matter. We also are going to look at other criminal cases that are pending and outstanding and I hope that the authorities should not block us either as Task Force or indeed any other law enforcement agency from stopping to look into these cases.
Phiri: Talking about the same London case Mr Nkole, we are made to believe as a country through you the Task Force we lost about US $40 million.
Nkole: No... over the period of my time which is when the donors came on board in October 2005, that's when they signed the MoU between the government and the donors, the donors have only put in US $10 million, which is US $5 million in 2005 and 2006 and then six and seven. So five, five...ten all together all the donors put together so I don't know who is dreaming those figures of US $40 million and then all the other expenses it's been born by the GRZ. All other expenses the donors put in and so you know...and all that money has been utilised to pay our London lawyers.
Phiri: Your push for the appeal is also being interpreted as just for personal benefit. We are meant to believe in a month on I think allowances and salaries it comes to K1.2 billion for about six people.
Nkole: I have never taken a single allowance from the Task Force since my appointment not even housing allowance or any sort of allowance. Of course maybe I do take a day or two if I am flying out to go and pay for my accommodation but I don't take any allowance at all. Those officers working for the Task Force are drawn from the Zambia Police, DEC, ACC... there is only one person who is on contract at the Task Force and that's me, I don't draw that kind of salaries or allowances. By virtue of their operational duties, they are required to get maybe an operational allowance when they are operating outside Lusaka. That is all normal, it's happening in all government institutions. There is nothing special about somebody working for the Task Force getting an allowance which allowances is gotten by anybody else so there is nothing so peculiar about that. They do get sort of an operational allowance when they are on duty but the figures don't go to the kind of figures I think the person giving you those figures needs to come and see me or indeed read the Auditor General's report because these things...our office is so public all the money from donors, all the money from the government is always reflected, the expenditure in the Auditor General's report.
Phiri: Before I get to the messages, we have received a couple of messages that I will be able to read for you to respond...operational challenges I know that at some point the donors did withdraw, how are you managing in terms of...
Nkole: It has been difficult that is why it's so difficult for us to, for instance, go and operate and trace the Carlington maize money in Canada and in the Canary Islands and in Jersey out there you need money to get there, to go and do operations there. The donors pulled out in May 2007 and since then, the government has been left alone to bear the costs. Of course, you know on one hand I would agree with the government when they say we should close the Task Force because it's been expensive for them to run as a government on their own without assistance. Yes, I think they are legitimate reasons to do that, the London case is going on, there are still certain by the way motions and litigation still going on attracting legal cost from time to time. So it becomes a little bit difficult and the government has to decide when are they gonna stop this? But that is not to say they should stop to pursue the recovery of the US $20 million on the arms deal or indeed the Carlington deal or indeed any other of these flaws that were committed during the ten years of this administration. They should recover that money, there is nobody who has got the moral right to say stop that investigation because those are public funds, they have to be restored back to the Zambians somehow, we got to work out the mechanism of ensuring that...even if we can't prosecute for being complacent or collusion in the loss of this money but at least we should be seen to make demonstrated efforts to recover the money on behalf of the Zambian people.
Phiri: Mr Nkole let's see if you can be able to respond to some of the messages that we have received from our viewers quite a number of them that we have received. The first one says 'Mr Nkole I feel the people of Zambia are betrayed by you and your people, you and you people were tasked to do something which you have failed to do, sad, what next now? One day Zambians are going to...' maybe I take two or three then you respond. The other one says 'we are human beings and we all know God please let him enjoy his rest of life forgive and forget lovely Zambians Mr Tembo from Lusaka'. Maybe the last one says 'it was on news that only DPP can sanction an appeal against FTJ your comment sir!'
Maybe just the first one, this one who feels really betrayed the Zambians...you were tasked to do something, which you have failed. Is it true you have failed?
Nkole: I don't know what's failure in his definition. We are still pursuing these cases, we are still recovering money, we have recovered so much money in terms of asset recovery. We are yet up to enforce the London judgment. We have been prosecuting Mr Chiluba for US $500,000 and that case has collapsed, we are appealing and this is where I think that as Zambians we have to be careful. There is a Zambian complaining that you have let us down because of the acquittal and there are certain interest groups that are saying you can't even appeal against it. Why shouldn't we appeal? So dear comrade I think to the writer I would say that you are supposed to be advocating for us to appeal because in any case what if the higher court actually overturns the acquittal and finds this man guilty, what are you people going to say? It's just fair that we ensure that justice is seen to be, being done and that both parties be allowed to do what is rightful...their right to do, which means if either party feels we should appeal we should go ahead. I feel that we should appeal I have given instructions that we should appeal and my lawyers have told me as of this afternoon the papers were lodged, I am quite happy with that.
Phiri: This one says that 'how true is it that you are trying to shield the cases of theft coming against you?' The other one says 'Mr Nkole we know you just want to continue with your fat salary. As Zambians we are saying no to Task Force, we want to remain with the ACC please leave him alone'. Okay may be we can take another one, 'this one says you are just wasting our taxpayers money, leave Chiluba'. Then this one says 'Max The Post will use you to make their money and dump you be careful, the way you talk, act professionally and not politically'. Maybe you can respond to this...
Nkole: I have no relationship with The Post in my previous life. The Post has actually castigated me. I don't know the owners, I am told it's Mr M'membe and other people. I have no relationship with them. I am a professional pure and pure, at the UN yes, maybe my salary was in extent of US $12,000 to US $13,000 I was earning for the last 10, 11 years. When I came here my salary has dropped to almost US $3,000. So there is no fat salary I am picking here as compared to where I am coming from. And all these poor policemen from DEC and from police and whatever, they are just getting their basic police salaries. Nobody is gobbling any fat salaries from the Task Force at all, nobody! Not me, not even an allowance. And if it comes to people thinking that some of us are sticking on to this job, it's just that we feel so passionate about what president Mwanawasa stood for. We have to redeem our country from corrupt elements and we have to fight this vice. It's up to the fight, you need courage, you need determination to get into the shoes that I am wearing. You can't fight corruption if you don't have the courage to do it or indeed the passion. Mwanawasa came and said I think you can do it and I am doing it regardless of my little salary, I am doing it for mother Zambia. I've got passion to and I enjoy what I am doing so forget about people saying that fat salaries and stuff like that, that's just petty jealousy and if any Zambian wants to come and do my job let them apply and come and do it. They are so free to come and want to take over and come and champion the cause for me I will support them. If anybody wants to take over my shoes and become the chairman of the Task Force on Corruption and promises that he will assist us to recover the money that has been plundered and restore it to the Zambian people, I am more than ready to leave office tomorrow. Anybody who has got the capability to compare in terms of efficiencies and effectiveness to drive these cases forward can come forward and take over. I’m just an ordinary Zambian. And I am just there to try to do what the Zambians want me to do. Fortunately for me the president says I have got some talents and some skills to try to assist to drive the fight forward. I have been trying to do that. If I am failing the Zambians, fine I think the appointing authority will review my performance and ask me to leave and get somebody else and I will go with my head up.
Phiri: We move on and take some more messages. Quite a number like I mentioned...'you have spent a lot on this case already some of you are stinking rich we know kalilo'. This one says 'Mr Nkole don't listen to fake NGOs who have no followers'. This one says 'Mr Nkole why don't you leave him alone, acquittal was free and fair I think it was the only case that you depend on'. This one says 'how is it possible that for people involved in a case one goes scott-free whilst the other three get five-year jail sentence on the same case'?
Nkole: Absolutely, and that's why we are going on appeal because we are saying that it's similar facts, the case is drawn from more or less similar facts. You can't lock these two people in and then acquit the other one. There has to be very compelling reasons why he is being and these are the reasons which we want the higher court to go and review. And let me also say that the Task Force was not created just to prosecute Dr Chiluba's US $500,000 case that's all, no! I think that is completely a mistaken position. Task Force was created to look at the general abuses and this Zamtrop case upon which he registered an acquittal is just one of the several cases that are supposed to be put up against him. And if people are trying to advocate to say leave him alone, who is going to bring back your US $20 million which was supposed to be used for the purchase of firearms here. Are you going to let that money go just like that? And then these same people who are saying leave him alone they will go around knocking and saying no I fought for you to say they should leave you alone so give me a percentage. Is that we are going to...no I am a fighter and we are not going to allow that. We have to pursue these cases rigorously until when we recover the money that's been plundered...US $20 million just talk about US $100,000, US $50 or maybe US $5,000 what it can do in the township here just to uplift people's lives, maybe put a borehole, maybe put a small road or a bridge or something like that. Now you are telling me, me appointed to fight corruption I should just let go of US $20 million down the drain? You got to be joking! And if that is the general attitude of Zambians to say leave him alone I wouldn't leave him alone. We have to pursue justice to its logical conclusion. The Bembas say umulandu taubola the case can take for as long as 10 to 15 years, the case will still be outstanding there. If my investigators tomorrow have to go to Canada to go and talk to Alexander... before he is sentenced on 10th October and he is going to tell us who has benefited out of the Carlington maize and which bank accounts were used to deposit those monies, is that not fair for the Zambians to know? Is it not fair for the Task Force or indeed any other law enforcement agencies to follow up and recover that money and bring it back? That is taxpayers money. And so much money else has been lost in the privatisation of the mines and the parastatals, we just don't have the capacity to follow up on each one of these cases and take these people to court because we shall be accused of harassing them. But we would like to do a thorough job, a professional job so that when we take somebody to court we know that we have a prima facie case. In all these cases we have taken to court the courts have actually agreed with us that they were good grounds to be taken to court including that of Dr Chiluba. We presented the case at prosecution stage and the court said yes, you had established a prima facie case and I am gonna put this person on his defence, that's what the court said. Anna Chifungula, the Auditor General, as a prosecution we didn't call the Auditor General to come and give evidence on our behalf to prove whose money it is that was in the Zamtrop account. Anna Chifungula was called by the defence by the Chiluba camp to come and give evidence in their favour and she said you can't put your private money in a government account, the moment you do that, that money forfeits to the state, it's government money. That's what the Auditor General...that's what is on the record. So these are some of the things, which we are saying I don't want to comment on them but I think that the innocence of Mr Chiluba on the Zamtrop case for which he has been tried is questionable.
Phiri: As the Task Force what lessons have you learned... really what has happened in the Chiluba case?
Nkole: We are still studying the whole thing and this is why I think that we can only put up meaningful arguments when the matters go before the High Court, that is when I think the Zambians will need to know what has gone wrong. That's when we can put up our own arguments. We can't start arguing the case right now here because that is the domain of our lawyers and including the DPP's chambers to go and argue our case. All we can do is consolidate our case for argument and say we believe that this man should have been found guilty. As to whether or not there has been some influence I don't want to say that. But it's quite interesting how a court that has found somebody guilty after the closure of the prosecution case can subsequently found him innocent...I mean found him guilty or with a case to answer and subsequently acquit him, it's a contradiction for me as far as am concerned. So I think that's our position and say that we did welcome the conclusion of that case because it has taken so long. I think in the best interest of justice it's better that these cases be handled by the Task Force that have gone on and on must be concluded. You might want to know that the delays in concluding these cases is mostly attributable to the defence themselves rather than the prosecution side...70 per cent of all adjournments and of all these dragging on of these cases it's because of the defence trying to find excuses hoping that maybe as we go on maybe one key witness might die. So therefore that will break down the case and stuff like that. If you are trying to accord the suspect due process you just have to conform and say well let's go on an adjournment. So these cases have been dragging on not because we are interested or because we want to stay in position. We want to wind up the cases and go home, this is a very risky and lonely job. I personally don't want to stay this way for the rest of my life or indeed another one or two years. I want to be free like you mingle... we cultivate a lot of enemies in this job. We are playing with people's lives or is it livelihoods and of course they have got sympathisers and these sympathiser are not happy with us and yet these risks that we expose ourselves to by accepting these jobs they gonna stay with us for the rest of our lives. That unfortunately is the price we will have to pay so it's so disheartening for anybody even to suggest that these people are enjoying there. There is nothing to enjoy in this job, absolutely nothing and until Zambians start appreciating the due process of the law, the fact that legal matters must be allowed to take full course are we going to be ourselv
Labels: MAXWELL NKOLE, TASK FORCE
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