My contemptuous words were a response to Rupiah – Kavindele
By Laura Hamusute
Wed 13 Jan. 2010, 04:01 CAT
FORMER vice-president Enoch Kavindele yesterday apologised for putting the Supreme Court into disrepute explaining that he uttered the contemptuous words in response to a statement by President Rupiah Banda in his address to Zamtel employees in Ndola.
This is in a matter before the Supreme Court where Kavindele is facing a charge of contempt of court in relation to a case involving Communications Authority of Zambia (CAZ) now Zambia Information and Communication Technology Authority (ZICTA) and Vodacom Zambia.
On December 8, 2009, the court summoned Kavindele pursuant to Order 52/1/23 of the Rules of the Supreme Court to show cause why he should not be cited or punished for contempt. The court instituted contempt proceedings against Kavindele following a story published in The Post of November 5, 2009 written by George Chellah under the headline 'Adhere to tender laws, Kavindele urges Rupiah's sons'
In the article, Kavindele is reported to have said: “I'm particularly upset that the President himself could direct the Supreme Court to rule against me over Vodacom”.
The court had also summoned Chellah to give evidence in the matter and also produce in court the edition of The Post in question.
In the Vodacom matter, the Supreme Court quashed a High Court judgment that ruled that Vodacom Zambia held the fourth national cellular mobile licence for Zambia.
Earlier in the High Court, Vodacom Zambia Ltd - where Kavindele is director - sued CAZ seeking an injunction restraining them from issuing the fourth national cellular mobile licence to any party other than Vodacom.
Yesterday, Kavindele's lawyer Vincent Malambo told the court that his client did not wish to put the court to the trouble of proving the accuracy of the quotation referred to and that because he had conceded to uttering the words in question, there would be no need to call witnesses to prove the accuracy of the article. Malambo said Kavindele did not wish to waste the court's time and that he was ready to show contrition so as to purge the contempt charge.
At this point, the court asked Malambo if what he said meant that his client was pleading guilty to the charge and he responded in the affirmative.
The court then found Kavindele liable for contempt of court and was now given an opportunity to say something as a way of purging the contempt.
In his plea to purge the contempt charge, Kavindele expressed regret at what he said saying he made the statement following a statement by President Banda when he addressed Zamtel employees at a meeting in Ndola.
The story was published in the Times of Zambia of Saturday, July 25, 2009 headlined: 'Zamtel to be privatised' where President Banda is reported to have said: “I have directed that no mobile licences should be issued until after the privatisation of Zamtel.”
Kavindele testified that President Banda was fully aware that the matter of Vodacom Zambia Ltd and CAZ was before the Supreme Court and in his little experience in government, Presidential instructions came in various ways. He explained that the fact that the matter was still being prosecuted before the court, such a statement in his opinion was meant to prejudice the aforementioned case to those who were going to make the decision.
Kavindele told the court that based on that article, he was interviewed by The Post to establish his feelings as chairman of Vodacom Zambia Ltd and he made the statement in dispute in The Post of November 5, 2009. He said he might have made the statement out of anger and disappointment.
Kavindele said he was sorry if by misinterpreting the statement by President Banda in Ndola, he brought the standing of the eminent court into disrepute in the eyes of the members of the public. He hoped that the court would consider the background to the statement he made.
Kavindele reiterated his apologies to the bench and regretted any embarrassment that his statement may have caused them. He said he had regarded himself as a good citizen and he spent a quarter of his life making laws thus supported the judicial process.
Kavindele testified that apart from being a businessman, he was also a politician and in the profession it was easy to read into what another politician says whether correctly or incorrectly.
In mitigation on behalf of his client, Malambo asked the court to consider the background of the statement his client made and that he had not wasted the court's time.
He told the court that his client's statement was ill-advised and his plea clearly showed that his anger was not directed at the court but at his political colleagues.
Malambo said Kavindele did not intend to embarrass, demean or lower the status of the court.
The matter comes up on February 3, 2010 for ruling.
Labels: CAZ, COURTS, ENOCH KAVINDELE, RUPIAH BANDA, VINCENT MALAMBO, VODACOM, ZICTA
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Kavindele’s interpretation of injunction will affect national security – CAZ
Written by Maluba Jere and Jane Mwakasungula
Tuesday, August 11, 2009 5:27:45 PM
The Communications Authority of Zambia (CAZ) yesterday said former Republican vice-president Enoch Kavindele’s interpretation of the injunction granted to him over the registration of a fourth mobile phone company will affect national security.
On Sunday, Kavindele - who is Vodacom Zambia Limited chairman - said government’s intended sale of 75 per cent shares in Zamtel to an equity partner as announced by President Rupiah Banda will not take place as doing so would be illegal.
Kavindele also threatened to commence contempt of court proceedings against Zain Zambia Plc over the third generation (3G) license awarded to the company as announced last week.
But CAZ public relations and consumer affairs acting director Ngabo Nankonde yesterday said they did not understand Kavindele’s intention because the matter at hand was the fourth mobile license which had nothing to do with other licenses and spectrum that were not fourth mobile related.
“In view of the above, Mr. Kavindele’s interpretation would have adverse effect on not only the economy but also the social and security aspect of the nation,” Nankonde said.
“Mr. Kavindele seems to suggest that the injunction granted to him restrains the Authority from issuing or renewing any licenses [including radio spectrum licences] as well as those which are not fourth mobile related until discharge of the said injunction. The above interpretation would also among other things affect, telephone communication, internet banking via the mobile phone leading to stagnation of the national economy and retardation of national development.”
Nankonde said the authorisation for the Zain Zambia Limited trial tests was not in contravention of the injunction granted to Kavindele. She said that the authorisation given to Zain was issued long before the said injunction.
Nankonde said that in line with the powers conferred on it in section 6(1) (4) of the Radiocommunications Act, it issued a test authorisation to Zain to conduct trials for 3G services in Zambia.
She explained that the authorisation issued was principally for the purposes of establishing among other things, the usability of the technology in Zambia, adding that the said trials would be conducted at no commercial value.
She also said the interpretation of the injunction on the licensing work of the Authority implied that in terms of broadcasting, the final migration of FM broadcasting band replanning would not take place.
Kavindele has threatened to commence contempt of court proceedings against Zain Zambia Plc over the 3G license awarded to the company as announced last week.
During a press briefing in Lusaka, Kavindele said Vodacom Zambia Limited had instructed its lawyers to commence legal proceedings to halt the planned sale of three-quarters of the country's largest Information Communication Technology (ICT) company.
Kavindele, said the injunction granted to Vodacom Zambia Limited by High Court judge Philip Musonda in October last year prohibits the entry of a new cellular telecommunication operator by way of merger, acquisition, investment, divesture and or buy-out of the existing mobile telecommunication providers until the final determination of the case in the Supreme Court.
He said the people in authority were tearing apart the rule of law they swore to uphold and defend through the proposed sale of 75 per cent shares of Zamtel as announced by President Rupiah Banda.
And former transport and communications minister William Harrington has questioned the legality of selling 75 per cent shares of Zamtel when the controversy over its valuation had not yet been cleared.
In an interview, Harrington questioned government on the basis of the privatisation when the Memorandum of Understanding (MoU) between ministry of communications and RP Capital was filled with illegalities.
“I have been at pains to comment on the merits and demerits of government’s decision to partially privatise 75 per cent of Zamtel. On what basis is the 75 per cent sale of shares determined if the MoU is pregnant with illegalities?” Harrington asked.
“The Dennis Chirwa tribunal established a clear breach of the law in the manner RP Capital was contracted. I do not want to speculate on the relationship between Rupiah (President Banda) and former communications and transport minister (Dora Siliya) or between President Banda’s sons and Dora on the engagement of RP Capital as the evaluators. But what has been clearly established by the tribunal is that one of President Banda's sons was involved in the deal.”
Labels: CAZ, DENNIS CHIRWA, ENOCH KAVINDELE, RP CAPITAL PARTNERS, VODACOM
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Vodacom case has no link to Zamtel sale
Monday, August 10, 2009, 9:26
GOVERNMENT has said the court case involving Vodacom and the Communication Authority (CA) in which the former is seeking to be awarded a cellular mobile licence has nothing to do with the sale of shares in Zamtel.
Chief Government spokesperson, Ronnie Shikapwasha said the Vodacom case had nothing to do with the sale of 75 per cent shares in Zamtel and Government would proceed with the offer of shares to investors.
He was commenting on a statement by former vice-president, Enoch Kavindele that the sale of Zamtel shares could not go ahead until the case in which the State has appealed against a high court’s ruling that Vodacom Zambia was lawfully granted a mobile licence was disposed of.
General Shikapwasha, who is also minister of Information and Broadcasting, said yesterday that Government would continue with the sale of 75 per cent shares in Zamtel because it wanted to save the company from collapsing.
Mr Kavindele said that Zamtel shares could not be sold before the disposal of the case.
He said that he had since instructed his lawyers to institute contempt proceedings against the CA for allowing the sale of Zamtel shares despite the pending case in the Supreme Court.
Mr Kavindele, who is Vodacom Zambia chairman, said at a Press briefing yesterday that the high court ruled that his company still held the fourth cellular mobile licence and there was no way Zamtel could be sold because it meant that another company was being allowed in the country.
He said he had even written a letter to Communications and Transport Minister, Geoffrey Lungwangwa reminding him that the sale of Zamtel could not proceed because the high court injunction restrained the CA from introducing any other cellular telecommunication operator in any form.
“The said injunction, among other restrictions restrains the authority from granting such a licence to any national mobile cellular operator until after the determination of the appeal in the Supreme Court,” reads the letter.
He has also complained against the CA’s decision to issue Zain Zambia a third generation (3G) licence because the same injunction restrained it from granting any licenses relating to telecommunication until the matter was disposed of.
In another letter to Zain Zambia managing director David Holliday, Mr Kavindele said that the CA had recently issued public notices referring to the suspension of issuance of all telecommunication licenses until further notice.
He said he had instructed his lawyers to institute contempt proceedings against the CA and advised Zain Zambia to cease any 3G-related activities with immediate effect failure to which the company may face similar contempt charges.
But Attorney General, Mumba Malila said that he could not comment on the matter because Vodacom Zambia sued the CA and Zamtel adding that his chambers were not handling the case.
[Times of Zambia]
Labels: ENOCH KAVINDELE, MUMBA MALILA, PRIVATISATION, RONNIE SHIKAPWASHA, VODACOM, ZAMTEL
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