Illegalities have caught up with Dora, Rupiah - Harrington
By Kombe Chimpinde
Mon 21 Nov. 2011, 13:59 CAT
WILLIAM Harrington says the law must take its course on those that influenced the illegal sale of Zamtel.
Reacting to the findings of the Sebastian Zulu-led commission of inquiry over the sale of Zamtel, in an interview, Harrington, a former transport and communication minister, said LAP Green of Libya, the company that holds 75 per cent stake in Zamtel, must pay the full price of the firm, failure to which the company must be forfeited to the state.
He said the government must immediately seize the optic fiber belonging to Zesco, which was included as part of the total assets of Zamtel that were sold at a give-away price.
"Government needs to do an inventory to show the buyers the true value of the firm, and if they refuse to pay, the company should then be forfeited to the state," he said.
Harrington said that it was a relief to Zambians that illegalities perpetrated in the sale of Zamtel by former education minister Dora Siliya and president Rupiah Banda, who strongly supported her, had now caught up with them.
Recently, when she appeared before the Sebastian Zulu-led inquiry, Siliya said that the sale of Zamtel was not an individual undertaking but a government one.
"It was a great pity that she refused to make her submissions before the inquiry. The irregularities that were involved in the sale of Zamtel have caught up with her. This commission has put the last nail in the coffin of the scam on Zamtel and I hope that the law shall be applied," he said.
"We are not yet privy to the findings of the commission but what I can say is there is nothing new this (Sebastian Zulu) commission has established as compared to the Dennis Chirwa-led tribunal but I respect the work of the Sebastian Zulu-led commission and the Dennis Chirwa-led tribunal. They did a thorough investigation over Zamtel. This commission has established the actual valuation, which did not come up in the tribunal."
Harrington said Zambians did not welcome the sale because it was sold at a give-away price.
"The whole procedure of the sale of Zamtel was illegal and pregnant with irregularities. Having received the report, we expected the president (Rupiah Banda) to act on the report; instead he sat on it. Now the thing is, the law must be applied fairly," he said.
Harrington, together with a consortium of NGOs, in 2009 petitioned Chief Justice Ernest Sakala over the valuation contract awarded to RP Capital of Cayman Island, leading to the setting up of the Dennis Chirwa-led tribunal that established that Siliya breached the Constitution when she disregarded legal advice of the Attorney General over the sale of Zamtel.
Zulu on Thursday handed over his commission's report to President Michael Sata, who promised to take the matter to Cabinet. Zulu highlighted irregularities in the Zamtel transaction.
He said the technical committee of the commission had established that the sale of Zamtel by the Zambia Development Agency was hastily done and that LAP Green failed to satisfy at least three of the procurement requirements and that it was shocking that they were awarded the tender.
He also reported that RP Capital, the firm that was engaged to valuate the assets of Zamtel was illegally appointed to do the work and that it irregularly undervalued the assets of the country's biggest telecommunication company.
Labels: DORA SILIYA, LAP GREEN, RUPIAH BANDA, WILLIAM HARRINGTON, ZAMTEL
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Rupiah should not override his powers - Harrington
By Gift Chanda
Fri 05 Aug. 2011, 14:00 CAT
PRESIDENT Rupiah Banda’s desperation to win this year’s elections should not make him override his powers, says William Harrington.
Commenting on President Banda’s decision to officiate at a ground-breaking ceremony for Dangote cement plant which is yet to be approved by the Zambia Environmental Management Authority (ZEMA), Harrington said President Banda was overriding his authority and rendering relevant institutions useless by “endorsing” projects which are yet to be approved.
“The disregard of the environmental laws by the President is the most unfortunate thing because he is setting a very bad precedent,” Harrington said.
“Rupiah is overriding his powers and making these relevant institutions useless.”
Harrington, who is former transport and communications minister, said it would not matter even if ZEMA decides to approve or disapprove the project because it already has the full blessing from the head of state.
He said there was no point in having institutions like ZEMA when they cannot be allowed to operate independently.
Harrington said what President Banda did amounts to government interference in key institutions.
“The environmental laws are very clear: no activity can proceed without approval of an EIA by ZEMA,” he said. “But Rupiah does not want to let this project owners follow this path. And for me this is very bad precedent for the head of state to leave behind.”
Harrington urged President Banda to set a good precedent on environmental management.
Last week, President Banda officiated at a ground-breaking ceremony for a new cement manufacturing plant which will be built by Dangote, Nigeria's largest cement maker, at a cost of US $400 million.
The new cement manufacturing plant, Dangote Industries Zambia Limited, which will be situated in Ndola Rural near Masaiti, is expected to create about 1,000 direct jobs once completed.
The plant, one of Zambia's largest investments outside mining, is expected to produce 1.5 million tonnes of cement a year when it reaches full capacity by 2013.
Labels: PRESIDENCY, RUPIAH BANDA, WILLIAM HARRINGTON
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Declare your stance on atrocities, Harrington urges West MPs
By Edwin Mbulo
Mon 28 Mar. 2011, 04:01 CAT
WESTERN Province members of parliament must openly declare their position, individually or collectively, over the atrocities occasioned by police officers in Mongu, says William Harrington.
In an interview, Harrington, who is former Senanga member of parliament, wondered why some members of parliament from Western Province had kept quiet when they came out with a joint position over a language controversy involving a local radio station in Mongu.
“I would like to call upon our Western Province MPs to openly declare their position, individually or collectively , over the atrocities occasioned by security officers against those un-armed and defenceless youths resulting in loss of lives in Mongu on 14th January 2011,” he said
“If MPs are truly representatives of the people and have any compassion for the families of those youths, we expect them, even rather belatedly to condemn the unwarranted police action. The deafening silence of our MPs apart from Mr. Charles Milupi the ADD president, Betuke Imenda and perhaps a few others is a source of worry.”
He said Sata’s statement at the Lusaka Province PF conference on the Barotseland Agreement and Mongu violence that resulted in the death of two youths was commendable and progressive.
“I’ am a pro-Barotseland Agreement activist and I find the PF leader correct in stating that the Barotseland Agreement is alive. The agreement should therefore be honoured and respected by government perhaps now even more than ever before, as opposed to oppressive stance taken by the MMD government that has created the perception that the document is seditious and treasonable,” Harrington said.
Harrington said the assertion by Patriotic Front leader Michael Sata that Western Province was the poorest of all provinces in Zambia was consistent with that made by Gen Malimba Masheke, although finance minister Situmbeko Musokotwane rebutted the observations.
He said his own research at the Central Statistical Office (CSO) showed that Western Province had the highest number of people falling under the extreme poverty bracket at 84 per cent.
“Interestingly CSO which falls under Musokotwane’s ministry, reveals that indeed Western Province has the highest number of people wallowing in poverty with the lowest being Lusaka at 27 per cent,” said Harrington.
Labels: BAROTSE FREEDOM MOVEMENT, WILLIAM HARRINGTON
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Zamtel is under threat- Harrington
Tuesday, March 22, 2011, 8:25
Former Communications and Transport Minister in Second Republican President Fredrick Chiluba’s government William Harrington has said Zamtel now owned by Libya’s Lap Green is under threat following the sanctioned imposed on Libya.
Mr. Harrington said following the economic sanctions being imposed on Libya’s government which has affected Libya’s investments in other countries, Zamtel is also at risk of collapse.
He said that it was important for government to start working out a plan to ensure that the company does not crumble should the effects of the sanctions extend to Zambia.
He said the company has a number of Zambians in its workforce whose jobs are threatened.
Mr. Harrington has also backed former republican vice President Enock Kavindele’s call on government to start mobilising local investors and individuals to take over Zamtel in case economic sanctions on Libya incapacitate its operations.
Lap Green Networks owns 75 per cent of Zamtel after buying the country’s sole fixed line operator at US $257 million in a controversial deal.
LAP Green Network is a component of the Libya-Africa Investment Portfolio, which is part of the Libyan Investment Authority, the sovereign wealth fund for Libya.
QFM
Labels: LAP GREEN, PRIVATISATION, WILLIAM HARRINGTON, ZAMTEL
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Rupiah is running a sadistic regime, says Harrington
By Edwin Mbulo
Mon 28 Feb. 2011, 04:01 CAT
PRESIDENT Rupiah Banda is running a sadistic regime which derives great pleasure in the suffering of the Zambian people, says William Harrington. And Caritas Mongu director Nathaniel Mubukwanu says the government should establish a commission of inquiry instead of listening to lies from Vice-President George Kunda over the recent Mongu killings.
In an interview, Harrington, who is former Senanga member of parliament, said the sadism in President Rupiah Banda’s government can also be seen clearly over the continued detention of the 68 Lozis.
“President Rupiah Banda is running a sadistic regime which derives great pleasure not only in the suffering of its own citizens, but even failed to show remorse on the death of youths during the Mongu disturbances,” he said.
Harrington said the treatment of the incarcerated Lozis was a violation of the Constitution and confirmed President Banda’s agenda to inflict suffering on the people of Zambia.
Harrington said it was an open secret that President Banda won the 2008 elections by ‘amassing’ 38,000 votes from Western Province.
“The results from Shangombo and Kalabo in particular were delayed in suspicious circumstances and one wonders what President Banda and his members of parliament will do to get into the area for campaigns,” said Harrington.
And Mubukwanu said the moral obligation for Vice-President Kunda was to resign for telling lies to the nation over the Mongu shootings.
“Kunda is a letdown. I think even Mike Mulongoti was going to do be a better vice-president. He told Parliament lies on what happened here. The government needs to set up a commission of inquiry so that people who witnessed what really happened can give submissions,” he said.
Mubukwanu said Kunda lacks morality as he only likes what suits him and the MMD.
“Leadership is about morality whether you like an issue or not. It is unfortunate that Kunda could tell a lie; he lied about the killings at the filling station because the young man had no fire on him and he did not die in hospital; he died on the spot as the bullet hit him in the head,” Mubukwanu said.
He said the other man who was shot at by police was a headman and had gone to buy groceries at a shop. Mubukwanu said the people of Western Province were finding it difficult to believe the lies about what happened in their backyard.
Vice-President Kunda on Friday told Parliament that police officers acted professionally when they shot dead two men in Mongu following a fracas over the Barotseland Agreement of 1964.
Labels: BAROTSE FREEDOM MOVEMENT, RUPIAH BANDA, WILLIAM HARRINGTON
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Harrington calls for open discussions on Barotse
By Edwin Mbulo
Tue 11 Jan. 2011, 04:00 CAT
THE government should allow the people in Western Province to freely and openly express themselves, says William Harrington.
Harrington, the former communications and transport minister, said any closed door discussions excluding the activists, the aggrieved party, would achieve little results over the Barotseland Agreement of 1964.
“The government should allow the people to exercise their traditional and democratic rights to consult each other on a matter that affects their status and future of their country. That is what is important,” Harrington said in an interview on Friday.
“The government should demonstrate further goodwill by allowing the Barotse people to freely and openly express themselves in the Limulunga meeting planned for 14th January as opposed to applying tactics that may be perceived to be oppressive in nature.”
Harrington said the security wings should request for reinforcement if they anticipated violence in the planned Limulunga meeting.
“Additional security reinforcements can be deployed in the same manner as when President Rupiah Banda was in the district to open the MMD provincial conference recently,” he said.
Harrington said Vice-President George Kunda should be commended for initiating dialogue with the Barotse Royal Establishment (BRE) over the Barotseland Agreement of 1964.
Last week, Harrington appealed to Vice-President Kunda to seriously reflect on the terms and provisions of the Barotseland Agreement 1964 for inclusion in the new constitution.
In an open letter to Vice-President Kunda, Harrington stated that he was writing ahead of the preparation to present the Constitutional Bill to Parliament early next year.
On Wednesday, Vice-President Kunda held a close to five hours closed-door meeting at the Limulunga Royal Village with the Barotse traditional leadership in the Litunga’s palace over tense issues arising from the Barotseland Agreement of 1964.
Meanwhile, Induna Akashi of Mutata village in Mongu said it was wrong for people to spread rumours that those calling for the restoration of the Barotseland Agreement wanted secession.
“It is not good; the MMD cadres are sending threatening letters of violence in Mongu especially to the Barotseland Freedom Movement. The MMD carders are threatening to burn the Limulunga The Litunga’s palace and some villages if the 14th meeting went ahead. They are saying blood will flow,” Induna Akashi said.
“Seceding is not what we want. We just want to give correct information to the people.”
Induna Akashi said the MMD should not take the people for granted as they had the ability to react.
“They should just be worried of their political problems and not the Barotseland Agreement,” Induna Akashi said.
A letter dated December 27, 2010 to police officer-in-charge in Mongu by concerned citizens notified the police of the intentions to hold a peaceful public meeting at Limulunga Royal Village on January 14 at 10:00 hours.
“The aim and purpose of the meeting is to enable the people of Barotseland give full expressions to their feelings regarding the status quo of Barotseland after the nullification of the Barosteland Agreement 1964,” the letter stated.
But Vice-President Kunda and home affairs minister Mkhondo Lungu called for the cancellation of the meeting saying those calling for cessation would be charged with treason.
A former Ngambela during the reign of the late Litunga Ilute Yeta IV, Maxwell Mututwa, said in an interview from Mongu on Thursday that the Barotse activists could not talk to the government over the agreement without getting the people’s views on it.
Labels: BAROTSELAND AGREEMENT, WILLIAM HARRINGTON
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Harrington writes Kunda over Barotse Agreement
By Edwin Mbulo
Wed 29 Dec. 2010, 04:01 CAT
WILLIAM Harrington has appealed to Vice-President George Kunda’s conscience to seriously reflect on terms and provisions of the Barotseland Agreement 1964 for inclusion in the Constitution.
In an open letter to the Vice-President Kunda made available to The Post, William Harrington, who is a former MMD Senanga parliamentarian, stated that he was writing ahead of the preparation to present the Constitutional Bill to Parliament early next year.
“I have deemed it necessary and expedient to appeal to your conscience and good judgement to seriously reflect on terms and provisions of the Barotseland Agreement 1964 for inclusion in the Constitution,” he stated.
He noted that the Barotseland Agreement at page 5 Section 2 stated inter alia that: “The Constitution of the Republic of Zambia shall include the provisions agreed upon for inclusion therein at the Constitutional Conference held in London in May 1964 ….”
Harrington noted that the signatories to the agreement were Dr Kenneth D. Kaunda as then Prime Minister of Northern Rhodesia, Sir Mwanawina Lewanika III then Litunga of Barotseland, and Duncan Sandys representing the British government.
“You may wish to know that in a written submission to the Mung’omba Constitution Review Commission (CRC) on which I served as Commissioner, the author stated that the Constitution of Zambia, in declaring Zambia as a Unitary State, should simultaneously provide for observance of the treaty that brought about this Unitary State,” he stated.
“To be more specific, it recommended that the Article of the Constitution that defines the Republic of Zambia should make reference to the Barotseland Agreement 1964 as basis upon which Barotseland is incorporated into the Republic Zambia,” Harrington stated.
He further noted that it was an open secret that successive governments since 1964 had ignored, neglected or refused to honour the terms of the Agreement.
“You are no doubt aware of the agitation and recent disturbances that occurred in the western part of the country over the Barotseland Agreement. The current climate is no doubt an unfortunate culmination of this historical past spanning a period of 46 years since Zambia gained its’ independence in 1964, the year when the agreement was signed.”
“The Mung’omba Constitution Review Commission (CRC) and indeed the recently-ended National Constitution Conference (NCC) remained silent over the issue. It is encouraging to note that recently, chief government spokesperson Ronnie Shikapwasha declared that agitators for the restoration of the Agreement should avoid negative actions because government was open to dialogue.
Notwithstanding that assurance, the next sitting of Parliament provides a timely opportunity to produce a Constitution that will stand the test of time,” Harrington stated.
He added that whether anyone liked it or not, the Barotseland Agreement 1964 was a living treaty which deserved and demanded to be looked at critically and objectively, and not as a seditious document.
“You as Leader of the House as well as our elected representatives should seize the timely opportunity to include the provisions of the Agreement that in effect gave birth to the Republic of Zambia. If on the other hand, government is unable or unwilling to recognise the Barotseland Agreement 1964 then it should explain the reasons to the people,” he stated.
He hoped that his submission would be taken as friendly, respectful, constructive and timely advice.
Labels: BAROTSELAND AGREEMENT, CONSTITUTION, GEORGE KUNDA, WILLIAM HARRINGTON
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Harrington calls for indaba on Barotseland Agreement
By Ernest Chanda
Sat 25 Dec. 2010, 04:00 CAT
WILLIAM Harrington has called for an indaba to immediately resolve issues surrounding the Barotseland Agreement of 1964. Harrington, a former Senanga MMD parliamentarian, proposed that key stakeholders such as Dr Kenneth Kaunda should attend the meeting.
“As a son of the soil of Barotseland, I warmly welcome in principle the gesture made by the Patriotic Front through its spokesperson Mr Given Lubinda that the party will host an indaba on the Barotseland Agreement 1964 as a matter of priority after it wins the 2011 presidential and general elections. I, however, strongly feel that such an indaba should be organised now and not later in the year 2011 as is being suggested by the Patriotic Front,” Harrington said.
“In this regard, the current government should, in fact, take the progressive initiative to organise an indaba confined to the stakeholders namely government, the Litunga of Barotseland, his council and concerned organisations from the area, as well as the British government. Dr Kenneth D. Kaunda, who appended his signature to the document as Prime Minister of Northern Rhodesia at the time, would be a useful resource person at the indaba.”
Harrington contended that the timing of the indaba was vital and in line with the provisions of section 2 of the Agreement.
He said now was the right time because the proposed Republican constitution had not yet been adopted by Parliament.
“The simple reason for this is because section 2 of the Barotseland Agreement under the title ‘Constitution of Zambia’ clearly states and I quote, ‘The Constitution of the Republic of Zambia shall include the provisions agreed upon for inclusion therein at the Constitutional Conference held in London in May 1964 relating to, a) the protection of human rights and fundamental freedoms of individuals b) the judiciary, and c) the public service,” said Harrington.
Labels: BAROTSELAND AGREEMENT, WILLIAM HARRINGTON
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COMMENT - What the country needs is a Constitution that clearly separates hiring/appointment decisions and budgets between the 3 branches of government (judiciary, legislature and executive), as well as between the party in government, the government, and the civil service (including parastatals).
Alleged govt interference with judiciary is frightening – Harrington
By Kombe Chimpinde
Fri 10 Sep. 2010, 04:01 CAT
FORMER transport and communications minister William Harrington yesterday described MMD national chairman Michael Mabenga's statements that the government had helped expelled Chilanga member of parliament Ng’andu Magande to win the Chilanga seat through a court ruling as frightening.
In an interview with the Post Online, Harrington said the statement brought out serious questions on the government interference in the judiciary.
“The revelation by the MMD government that it exerts pressure on the judiciary to pass judgments in their favour is frightening ,” Harrington said.
“It’s an open secret that the admission by Mabenga that the MMD had in the past influenced the decisions of the court is extremely frightening.”
He said ensuring that the judiciary is independent was in the interest of every Zambian, adding that Mabenga's statement proved that there had been interference obtaining in the judicial system.
Recently MMD national chairman Micheal Mabenga had said that people like Magande must not claim that they had a lot of support in their areas (Chilanga Constituency) as it took help from the party to help them win the election through the court.
“People like Magande could not have won elections in Chilanga without the help from government. Magande had won through a court ruling,” Mabenga said earlier in an interview with Post Online.
He wondered what kind of picture the MMD was sending to Zambians by making such a statement.
Harrington also observed that the decision by judge Evans Hamaundu to reject an application that sought to register the London judgment that found former president Frederick Chiluba and others liable of stealing from Zambians was unfortunate.
“The government is using its judicial arm to block the judgment from being registered in Zambia again as things stand now it seems President Banda and Chiluba have something to hide or afraid of the consequences when the judgment is registered,” he said.
“If anything, if President Rupiah Banda and his government want to assist Chiluba he should actually be in the forefront of getting the London judgment registered in Zambia so that Chiluba can be availed an opportunity to prove his innocence in inverted commas.”
He warned that Chiluba's cases were going to catch up with him despite the current protection from the government through their refusal to appeal and cautioned him not to celebrate judge Hamaundu’s ruling as it was not only injurious to the people of Zambia but that the case could be reinstated in due course.
And commenting on the revelation that Bharti Airtel has been engaging government to intervene in the negotiation process by the Security Exchange Commission SEC on the price of Zain Zambia Harrington said this was a clear breach of the Constitution amounting to corruption by government.
“This issues are a breach of the Constitution. Why are they by-passing the Zambia Privatization Agency(ZPA) to negotiate or the Zambia Development Agency. That is a form of corruption and has left our systems rotten to the very core,” charged Harrington.
Labels: CORRUPTION, JUDICIARY, WILLIAM HARRINGTON
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Kunda excluded CRC commissioners from NCC - Harrington
By Ernest Chanda
Sun 08 Aug. 2010, 10:00 CAT
WILLIAM Harrington has accused Vice-President George Kunda of having schemed to exclude former Mungo'mba Constitution Review Commission (CRC) commissioners from the constitution-making process so that he could easily push the government agenda.
In an interview yesterday, the former Mung'omba CRC commissioner charged that Vice-President Kunda had been used by the government to reject people's submissions through the National Constitutional Conference (NCC). Harrington wondered why Vice-President Kunda rejected the idea of having former commissioners as ex-officio NCC members.
"It's a great pity that Vice-President George Kunda allowed himself to be used by the government against the will of the people.
It was him who rejected the idea of former commissioners being ex-officio members of the NCC. When we suggested that, he strongly objected the idea,” Harrington explained.
“I remember that we travelled across this country at a great cost getting people's submissions. And when we kept these submissions in our draft constitution, it's because we listened to the people and we wanted to grant them their wish.
That is why even at the NCC we wanted to defend our recommendations. I'm not saying that all of us former commissioners should have been there, but at least even our chairman Mr Willa Mung'omba should have been there to defend the people's will and make certain clarifications.
“These guys have behaved in this manner because there was no one to defend Mung'omba's report. The few former commissioners who were there were representing different organisations. Even in Parliament when a minister introduces a bill, he has to be there to explain and defend it.
So, why did George Kunda reject our presence at the NCC? The answer is obvious; he was being used by government to suppress the people's will, and he has succeeded."
Harrington wondered why the NCC could call on people to make the same submissions that the conference rejected at the plennary.
"I know that these guys are not doing things in the interest of the people, but I don't know what their motive is.
The things people submitted in the 40-day period are the same things they submitted under Mung'omba CRC and other commissions. And these are the things that the NCC rejected at the plenary, so what is the relevance of this public submission?” Harrington asked.
“In my view, right from the beginning the NCC's lifespan should have been reduced to six months. Or alternatively, the NCC should have been abolished and a team of constitutional lawyers could have given us a good constitution. This could have cut down on the unnecessary costs this NCC has incurred.”
The NCC completed deliberations on all the 11 committee reports as compiled from the Mung'omba draft constitution and adjourned sine die on April 29, 2010.
Prior to the adjournment, several articles of considerable public interest were not adopted by the NCC according to public will.
These include, among others, the rejection of an elected Vice-President, the introduction of a first degree as one of the qualifications for Presidential candidates and the refusal to agree on the fifty per cent plus one voting system for a President; a clause that was referred to a referendum.
On June 22, NCC chairperson Chifumu Banda released the draft constitution and gave the public 40 days in which to read and comment on the document.
However, the NCC has not gone round the country to get people's submissions as prescribed in Part VI Article 23 (1, C and D) of the 2007 NCC Act.
The 40-day period officially ended on Saturday July 31 and the NCC plenary is expected to reconvene for a week starting on Tuesday this week to consider people's comments on the draft constitution.
Thereafter, the NCC secretariat will make a final draft constitution that will be presented to the Minister of Justice on August 31, 2010.
The Minister of Justice will later present the draft constitution to Parliament for debate and subsequent adoption of respective articles, as the House will determine.
Labels: CRC, GEORGE KUNDA, MUNG'OMBA DRAFT CONSTITUTION, NCC, WILLIAM HARRINGTON
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Taking partisan positions is killing debate – Habasonda
By Mwala Kalaluka
Mon 01 Feb. 2010, 04:01 CAT
SOUTHERN African Centre for the Constructive Resolution of Disputes (SACCORD) executive director Lee Habasonda has said people’s arguing from very partisan lines is what is killing debate in Zambia.
And William Harrington has said revelations from the National Constitutional Conference (NCC) that there was a government side and the other side during the voting on the 50 per cent plus one proves that the MMD had driven the process.
During a discussion on the constitutional review process organised by SACCORD in collaboration with the Press Freedom Committee (PFC) of The Post last Friday, Habasonda said the midway analysis especially in the constitution-making process had been lost.
“What has killed debate in this country is that people argue from very partisan positions,” Habasonda said. “We are worried that constitution process seems to be discussing individuals, not the principles that make a constitution.”
And reacting to NCC spokesperson Mwangala Zaloumis’s revelation that the government side could not garner two-thirds and the other people could also not garner the two-thirds on the 50 per cent plus one vote, Harrington, who was one of the commissioners in the Mung’omba Constitutional Review Commission, said Zaloumis had let the cat out of the bag.
“No one can misquote you. It was very clear what you said, my sister,” Harrington told Zaloumis. “You can see the lobbying of the MMD government against the will of the people.”
Harrington said the NCC had dribbled the people of Zambia over the 50 per cent plus one.
“The NCC has set itself on war path, and I am using this term in invented commas…with the Zambian people over the 50 per cent plus one,” said Harrington.
In response to Harrington’s assertions, Zaloumis said what she meant was that no one side could override the other during the secret voting on the 50 per cent plus one.
“What I was talking about was that not even the government could override the decision of others. I was giving an example,” Zaloumis said. “In a position like that, you are going to have the government voting on the other side, the civil society on the other side.”
Meanwhile, second republican president Frederick Chiluba’s spokesperson, Emmanuel Mwamba, accused the country’s civil society of having disrupted the constitution-making process.
“Civil society has been disruptive too. We can’t just blame the government,” Mwamba said.
Mwamba said the civil society should also shoulder the blame for the protracted constitutional review process because they had undermined the government by opting to stay away from the NCC.
He wondered what right people in civil society organisations and three church mother bodies had to comment on the constitution-making process outside the NCC.
“Here, we have Mr Simon Kabanda saying disband the NCC, disruptive process,” said Mwamba.
But former Law Association of Zambia (LAZ) president William Mweemba said even those Zambians that chose to stay away from the NCC had every right to comment on the process because the NCC was not a totality of the constitution-making process.
Youth activist Mulenga Fube also disagreed with Mwamba’s position and he said the civil society’s decision to stay away from the NCC was in good faith and not in bad faith given the issues of a composition that favoured the government.
Labels: LEE HABASONDE, POLITICS, SACCORD, WILLIAM HARRINGTON
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50% + 1 will reduce chances of rigging – HH
By George Chellah and Ernest Chanda
Tue 19 Jan. 2010, 04:01 CAT
UPND leader Hakainde Hichilema yesterday said the inclusion of the 50 per cent plus one clause in the Constitution will reduce chances of rigging elections.
And TIZ, SACCORD, NGOCC and Caritas Zambia have noted that it was shocking that government would like to perpetuate the winner-takes-all system, which in the last elections of 2008, 2006 and even 2001 almost saw Zambia tottering on the brink of chaos.
Commenting on Lt Gen Ronnie Shikapwasha's accusation against Non-Governmental Organisations (NGOs) that they are advancing the 50 percent plus one debate in order to promote chaos like they did in Zimbabwe, Hichilema said the clause would minimise rigging because rigging is easier under simple majority where they can rig even with 50,000 votes.
Hichilema said the minority government had proved to be difficult and expensive to Zambians. He said in 2001, the government spent most of the time and taxpayers money to buy opposition members of parliament to crossover to the MMD and that caused by-elections.
“That money went to by-elections because we had a minority president who was trying to increase on numbers in parliament. We are wasting a lot of money propping up a minority government like the MMD. Look at what they did in Solwezi, they spent over K12 billion to try and win the by-election. They lost the by-election because people don't want them.”
Hichilema said Zambians were paying directly and indirectly to sustain a minority government.
“This is why I urge the NCC delegates to vote for the country. UPND members have been given instructions to vote for 50 percent plus one. I am appealing to churches, senior leaders and traditional leaders to help the country. I am making an appeal as a citizen not as president of UPND,” he said.
Hichilema said Zambians have always wanted a majority presidency.
“I want to make an appeal to the NCC members to search their souls and do what I define as public good other than serving personal interests. There is no argument about the validity and necessity of the need to have 50 percent plus one so that we can produce a majority government. Zambians have always spoken in favour of this,” Hichilema said. “My appeal to all the delegates is to rise above partisan interests, ethnicity and to rise above other personal interests. They should push definitively to vote for the 50 percent plus one. This is an opportunity to produce a majority president.”
Hichilema dismissed Lt Gen Shikapwasha's argument on the matter.
“What anarchy did we have from 1964 to 1996? None! In the context of the electoral process, Shikapwasha is referring to the Kenyan and Zimbabwean crisis,” Hichilema said.
“The Kenyan case was not about 50 percent plus one. The Kenyan violence arose from the simple majority. You see how dull Shikapwasha is? Fifty percent plus one is the best to deliver a majority president for Zambia. It will assist to bring national unity. There is no single tribe that can deliver the 50 percent plus one on its own, which means when people want to campaign on tribal lines they won't produce a president. This is good for Zambia. If they want a president, they have to negotiate with more tribal groupings.
”By that implication, it means that it may oblige ethnic groups and churches to work together. It will oblige even class the rich and the poor to work together. Fifty percent plus one is a unifying factor, Shikapwasha fears it because he would want to continue being in government even as a minority.”
Hichilema also described the intended sale of the Zambia Daily Mail as unfortunate.
And in a joint statement issued yesterday, Transparency International Zambia (TIZ), Southern Africa Centre for the Constructive Resolution of Disputes (SACCORD), Non-Governmental Coordinating Council (NGOCC) and Caritas Zambia stated that the process of constitution reforms had been ongoing since 2003 and the drivers for a new constitutional order are well known and indisputable.
“Zambia deserves a new constitution - one that is consistent with national development aspirations. The enthusiasm and desire by Zambians for a constitution that is truly people-centred and meets their various aspirations, has never been greater than now,” they stated.
“It is our fervent hope therefore that the purpose and the intended goal of the constitution reforms which are being conducted at great cost to the ordinary person, is not lost on the delegates at the National Constitution Conference. The task that the delegates are involved in of adopting the draft constitution on behalf of the larger Zambian populace is an onerous one - which should be devoid of narrow sectarian or partisan interests.
As civil society organisations - some of whom boycotted taking up our seats at the NCC for reasons that are well documented, we have avoided commenting directly on the deliberations at the NCC on the principle that delegates be given a free and open environment to conduct their business without undue external pressure. However, we have noted with concern the direction that the deliberations have taken in the last few days especially in discussing the report from the Democratic Governance Committee. We are particularly concerned by sentiments made by government ministers and leaders on the 50 per cent plus one clause for electing the Republican president.”
The civil society organisations noted with dismay the deliberate attempt Lt Gen Shikapwasha to label NGOs as the only champion of this clause. They stated that it was a deliberate and unfortunate act of disinformation on his part because the Mung'omba Constitution Review Commission Report clearly alludes to the fact that the support for a 50 per cent plus one clause was widespread and not restricted to NGOs alone but several other progressive Zambians. It is also a redundant approach to focus on who proposed the clause instead of arguing the merits and demerits of the clause.”
They stated that it was also a pity that Lt Gen Shikapwasha elected to mislead the NCC through imaginary examples of chaos created by this clause.
“He deliberately did not highlight the fact that several countries which have a Presidential System of Government have successfully utilised the majoritarian system to elect their Presidents successfully. Even countries like the Democratic Republic of the Congo - emerging out of devastating internal strife have managed to successfully use this clause. Ghana remains a shining example where the 50 percent plus one absolute majority vote system has been used and today Ghana is focusing on economic development,” they stated.
“We find it shocking that Government would like to perpetuate the winner takes all system which in the last elections of 2008, 2006 and even 2001 almost saw Zambia tottering on the brink of chaos because of the low percentage of the votes that the winning candidates mustered.
The political polarisation we are witnessing today - in part is as a result of discontentment with the electoral process.
“Progressive democracies throughout the world are seeking ways and means of strengthening the mode of electing their leaders to ensure that these are truly representative and yet in the case of Zambia, our Governors are determined to maintain the status quo and continue to rule even in the face of rejection by the majority of voters. We want to urge the MMD Government and Party to think carefully about this issue and realise that the 50 per cent plus one is not meant to fix them but to improve on our fragile democracy. In any case, the MMD as a party in power should feel confident that they have done the right things and have sufficiently convinced the electorate on their suitability to continue in office in 2011, unless this talk about the clause being dangerous is a subtle admission of failure and a fear that they will not garner the absolute majority in the coming vote in 2011.
“However, be it as it may, the inadequacies and fears of the ruling party should not be the basis of coming up with the constitution. Zambians deserve a constitution that commands their obedience and respect and not one that will simply entrench the rule of a particular party. As Civil Society, we want to serve timely notice that we shall not accept the abuse of hard-earned money on a process that is self serving and one that fails to recognize the people's aspirations for a constitution that will promote democracy in Zambia.”
And William Harrington yesterday said he now understood why Vice-President George Kunda removed a recommendation from the Mung'omba Constitution Review Commission (CRC) that allowed all commissioners to be delegates at the NCC.
"…We are the people who moved around the country and gathered people's submissions, so Vice-President Kunda knew that none of his colleagues in government could have manipulated...”
"Besides, let us look at many other cases where the system has succeeded. In Ghana, Liberia, and many other African countries the system has worked. So, why pick on one negative example where even the system cannot be blamed?" he asked.
Harrington said many Zambians supported the clause because they did not want an insecure President.
Harrington said denying people their wish would be criminal injustice.
The NCC delegates would be voting today on whether or not to include the 50+1 clause in the new Constitution.
Labels: 50 PERCENT PLUS 1, HAKAINDE HICHILEMA, WILLIAM HARRINGTON
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KK lacks moral high ground to advise politicians on language – Harrington
By George Chellah
Sat 02 Jan. 2010, 04:00 CAT
FORMER transport and communications minister William Harrington yesterday said Dr Kenneth Kaunda lacks the moral high ground to advise politicians on language because during his presidency he often and publicly referred to Zambians as ‘stupid idiots’.
Commenting on Dr Kaunda’s charge that former defence minister George Mpombo has been barking like anything at President Rupiah Banda, Harrington dismissed the manner in which Dr Kaunda spoke about Mpombo.
“With all due respect, Dr Kenneth Kaunda does not have the moral high ground to advise anyone on the use of acceptable political vocabulary because we very vividly recall how he, at the height of his presidency, often publicly referred to Zambians as ‘stupid idiots’,” Harrington said.
“However, in agreeing with our First Republican President in principle on the need for politicians to avoid the use of unpalatable language against each other, Dr Kaunda should have spoken in general terms instead of personalising the issue by attacking an individual in the media.”
Harrington urged Dr Kaunda to stay out of politics.
“Dr Kaunda, who is supposed to have retired from active politics, should distance himself from the political boxing ring failure to which he risks exposing himself to attacks, insults and bruises from politicians who may feel injured by his comments and interventions,” Harrington said.
“Our so-called ‘founding father of the nation’ needs to maintain his dignity and respect by staying out of active politics so that he is not hit in any cross-fire.”
Harrington advised Dr Kaunda to be neutral.
“Dr Kaunda should not be seen to be openly taking sides with and protective of the UNIPist-led MMD government,” Harrington said.
“But should provide guidance in a fatherly and neutral manner as many politicians from the both sides of the political spectrum are guilty of what he refers to as ‘unacceptable language’.”
Featuring on ZNBC's Kwacha Good morning Zambia programme last Saturday, Dr Kaunda charged that Mpombo has been barking like anything at President Banda.
This prompted Mpombo to challenge Dr Kaunda to repeat to the nation what he said when he relieved President Banda of his duties as foreign affairs minister. Mpombo warned that he took great exception to Dr Kaunda’s scurrilous and morally offensive comments or he risked stepping on an undetonated political landmine.
Labels: GEORGE MPOMBO, KENNETH KAUNDA, POLITICS, WILLIAM HARRINGTON
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Date set for appeal against ruling on Dora’s abuse of authority case
By Maluba Jere
Tue 03 Nov. 2009, 15:58 CAT
THE Supreme Court has set January 14, 2010 as the date for hearing former communications and transport minister William Harrington’s appeal against Lusaka High Court judge Phillip Musonda’s decision to clear Dora Siliya of abuse of authority of office charges.
This is in a case where Harrington has appealed to the Supreme Court against the high court’s decision to clear former communications minister Dora Siliya of allegations of abuse of authority of office.
In a memorandum of appeal filled in the Supreme court, Harrington stated that the learned High Court judge erred in law and fact when he used judicial review proceedings as an appeal process by delving into the merits of the tribunal’s findings by purporting to interpret Article 54 (3) of the constitution and holding that the Attorney General’s advice is mandatory and therefore non compliance is inconsequential.
According to a notice of rescheduling appeal number 111/2009 by the master of the Supreme Court, the Chief Justice has directed that the case would be heard by a panel of five judges.
The notice indicated that one of the judges was currently out of the country.
“The appeal will therefore not be heard during the Kabwe Supreme Court sessions,” stated the notice. “It has been rescheduled to 14th January 2010 at 09:00 hours at Lusaka. We regret any inconvenience that the postponement may cause.”
The matter comes up in January next year.
Labels: COURTS, DORA SILIYA, WILLIAM HARRINGTON
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Caution NCC against entrenching discriminatory clauses – Harrington
Written by George Chellah
Sunday, September 06, 2009 7:07:43 PM
WILLIAM Harrington yesterday stated that it is sad that the NCC is proposing to introduce an obnoxious and draconian clause that requires one to be a degree holder to qualify for President of the Republic of Zambia.
Harrington, a former Mung'omba Constitution Review Commission (CRC) commissioner, stated that the National Constitutional Conference (NCC) should be cautioned against entrenching discriminatory clauses in the proposed new constitution if it had to be acceptable to the people through the Referendum.
"The proposal that for one to qualify as a candidate for the office of President, one must be a degree holder is discriminatory against the majority of Zambians. There is therefore need for the NCC to recognise and respect the terms of reference given to the Mung'omba Constitution Review Commission (CRC) by the late visionary Republican president Mr Levy Patrick Mwanawasa SC, amongst them, to identify and remove discriminatory clauses in the current Constitution," Harrington stated. "In line with the expressed wishes of the people, the CRC did not propose that for one to qualify as candidate for the office of President, one must be a degree holder. Not surprisingly also, the Chona and Mvunga and Mwanakatwe Constitution Commissions did not recommend that one must be a degree holder to qualify for presidency.
"It is sad to learn now that the NCC is proposing to introduce an obnoxious and draconian clause that one must be a degree holder to qualify for President of the Republic of Zambia. This is clearly and blatantly against the spirit of previous Commissions, the Mungomba CRC terms of reference and recommendations, and most importantly, the expressed will of the people."
He stated that the NCC should find time to study and understand the spirit of the CRC recommendations and draft constitution.
"Failure to which the new Constitution risks being rejected by the Zambian people at the referendum stage. This predictable eventuality will be most unfortunate considering the huge financial expenditure on the CRC and indeed the NCC itself," Harrington stated. "I also find it rather strange and incomprehensible that the NCC members, the vast majority of whom are themselves not degree holders, with all due respect, can "shoot themselves in the foot" by introducing such a clause in the new Constitution thereby disqualifying themselves. Many NCC members come from diverse professional backgrounds and fields of competence, which could be of great benefit to the country at Presidential level."
Harrington explained that one might be a suitable president if one possesses the necessary political acumen to lead the country in a transparent, accountable, law-abiding and non-corrupt manner.
"Many successful farmers and businessmen in the country are not necessarily degree holders but posses prudent management skills. One may argue further that having a degree holder for president is not a guarantee for good-governance and respect for the principle of separation of powers, the rule of law, human rights and sustainable socio-economic development. As evident in certain parts of Africa and the world at large, some degree-holder presidents have become economic plunderers and despotic rulers, putting their countries on their knees and turning citizens into desperate fugitives and refugees," Harrington stated. "It is also ironic and interesting to note that whilst it is being proposed that a president must be a degree holder, it is non-degree holders who are being entrusted to determine the destiny of our country through the adoption of our proposed Constitution, the supreme law of the land. The point I am attempting to make is that surely there are many amongst the NCC members themselves and outside who can competently lead our country. How can anyone expect vast majority of Zambian voters who are also non-degree holders and therefore be disqualified from contesting for the Republican presidency be "educated enough" to vote into office a degree-holder for president?
"And what type of degree are we talking about? In today's world one can obtain a degree from a bona-fide institution such as UNZA or CBU, or buy one from some dubious institution in a West African or Asian country? One can also solicit for and be awarded an honorary degree from such sources. Will possession of all such degrees qualify one to be president? What about a degree in micro-biology or nuclear science? Will these necessarily make one a competent president? And of what benefit will it be for Zambia to have a president who does not understand the meaning of the word "nullity" for example?"
He stated that the morality and logic of the proposed presidential clause was highly questionable and certainly not in the best interests of the nation.
"Notwithstanding the perception that it has created in political and public circles that it is mischievously targeted at certain individuals who may pose a threat to the interests of the current ruling party," stated Harrington.
Labels: NCC, PRESIDENCY, WILLIAM HARRINGTON
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Harrington takes Dora to Supreme Court
Written by Maluba Jere
Monday, August 31, 2009 3:51:28 PM
WILLIAM Harrington has appealed to the Supreme Court against the High Court's decision to clear former communications minister Dora Siliya of breaching the Constitution as found by the judge Dennis Chirwa-chaired tribunal.
This is in a matter where High Court judge Phillip Musonda said the tribunal acted excessively in its findings that Siliya breached the Constitution when she ignored the Attorney General's advice over RP Capital Partners.
In a memorandum of appeal filed in the Supreme Court, Harrington, the first petitioner in the tribunal, stated that the learned High Court judge erred in law and fact when he used judicial review proceedings as an appeal process by delving into the merits of the tribunal's findings by purporting to interpret Article 54 (3) of the Constitution and holding that the Attorney General's advice is not mandatory and therefore non-compliance is inconsequential.
Harrington averred that the High Court misdirected itself in law and in fact when it held that intervenors, once joined to judicial review proceedings, are not at liberty to institute judicial review proceedings without leave of the court.
"The learned judge in the court erred in law when he heard the proceedings in the court below [high court] notwithstanding he enjoys an intimate and excellent personal relationship with the members of the tribunal, whose decisions were in issue," Harrington stated.
He stated that judge Musonda should have recused himself from handling the matter.
Harrington stated that the learned trial judge erred in both law and fact by failing to recognise and appreciate that incorrect understanding by the tribunal of the provisions of section 4(a) and (b) of the ministerial and parliamentary code of conduct Act as read together with Article 52 of the Constitution of Zambia amounted to an error on the face of the record.
"The learned trial judge erred in both law and fact when he held that the tribunal exceeded its jurisdiction when it decided that the respondent had breached the Constitution and the laws made thereunder contrary to the applicable law and the evidence on record," he stated.
Harrington averred that the learned trial judge erred in fact and in law for failure to quash the tribunal's decision not to order that the respondent had breached the ministerial and parliamentary code of conduct Act on account of unreasonableness contrary to the evidence on record.
He added that the learned trial judge erred in law by determining the matter without considering the record of proceedings of the tribunal and all the documents which were produced before the tribunal.
"The proceedings of the tribunal were not availed or produced to the court notwithstanding the respondent's averment in paragraph four of her affidavit dated 15th May 2009 in support of the ex-parte summons for leave to apply for judicial review," stated Harrington.
Recently, judge Musonda said it was uncomfortable to preside and respectfully disagree with members of the tribunal who are among the most gentle, friendliest, warm-hearted individuals in the institution.
Delivering judgment in the matter in which Siliya sought judicial review over the findings of the tribunal that she breached the Constitution by ignoring advice from the Attorney General's chambers when she engaged RP Capital Partners Cayman Islands to valuate Zamtel assets, judge Musonda also awarded costs to Siliya.
Judge Musonda, in his 29-page judgment, agreed with Siliya's lawyer Eric Silwamba that the tribunal acted in excess of jurisdiction and illegally when it purported to invoke section 14(8) and pronounce itself on a constitutional matter.
Labels: COURTS, DORA SILIYA, PHILLIP MUSONDA, WILLIAM HARRINGTON
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Harrington urges presidential advisors to assist Rupiah make informed decisions
Written by Maluba Jere in Lusaka and Mwila Chansa in Kitwe
Sunday, August 16, 2009 3:57:55 PM
FORMER transport and communication minister William Harrington has said President Rupiah Banda’s advisors should assist him in making informed decisions and avert unfortunate situations at the country’s highest learning institutions.
And former Copperbelt University Students Union (COBUSU) secretary general Christopher Kang’ombe has said the closure of CBU should have been the last resort.
Meanwhile, COBUSU president Kasonde Mwenda has observed that the closure of the institution would trickle down to every taxpayer in the long run, especially if management decides to prolong it beyond two weeks.
In an interview yesterday, Harrington said the protests by University of Zambia (UNZA) and Copperbelt University (CBU) students against the appointment of Dora Siliya as education minister could have been avoided if President Banda had serious and committed advisors at State House.
“The Presidents’ advisors should assist him to make informed decisions on important and sensitive national issues such as in the Dora Siliya case, to avert the unfortunate situation at our two highest institutions of learning,” he said.
“I say so because as first petitioner in the Judge Dennis Chirwa-led Tribunal appointed to investigate allegations of corruption and abuse of office leveled against Ms. Dora Siliya, I recall that whereas Justice Philip Musonda delivered his judgment on Ms. Siliya’s application for judicial review on 16th June 2009, the President speedily went ahead to announce his decision to appoint Ms. Dora Siliya MP as new Minister of Education on 18th June 2009, replacing Mr. Geoffrey Lungwangwa MP who was transferred to the Ministry of Communications and Transport.”
He explained that he was not speaking as a spokesperson for the students but that he could only take a wild guess that they (students), just like many other enlightened citizens, were alive to these facts.
Harrington also said it was misleading and prejudicial for President Banda and others to say that Siliya had been cleared by the courts of law since the matter was still in court following his filling of a notice of appeal.
He said it would have been better if President Banda just informed the nation that he had intentions of reappointing Siliya as minister, adding that he should have waited until after the court had completely disposed of the case.
“Barely a week thereafter on 28th June 2009, the President went ahead to swear in Dora Siliya as new Minister of Education and publicly congratulated her on being ‘cleared by the courts’ over the findings of the tribunal,” Harrington said.
“The question that begs an answer is, was the President advised that the matter was still in the ‘courts’ and his statement was therefore prejudicial to my appeal? If the President had been well advised, perhaps he may not have made that premature declaration.”
Harrington further said chief government spokesperson Lt Gen Ronnie Shikapwasha did not help the situation when he advised the consortium of Civil Society Organisations (CSOs) who had written to President Banda complaining about his decision to re-appoint Siliya when he said those who were not happy should go to court.
He said Lt Gen Shikapwasha’s statement was not helpful to President Banda and the nation as a whole because the matter was yet to be decided by the Supreme Court.
“This statement by the honourable chief government spokesperson is misleading, prejudicial and most unhelpful to the President because, notwithstanding the fact that Dora Siliya has not been cleared by the ‘courts’ as the matter is yet to be determined by the Supreme Court of Zambia following my notice of appeal,” Harrington said.
And commenting on the decision by the CBU senate to bring forward the end of the second term, Kang’ombe who is also Riverside ward independent councillor, said the closure was unnecessary given the nature of students’ demands.
Kang’ombe said CBU management should have sought assurance from the students’ union body and had a round-table discussion with them in seeking a way forward.
He feared that as the situation stood currently, there was a possibility that the closure could be indefinite.
Kang’ombe added that the government’s accusations on students that they were being used by politicians would not solve the problems at CBU.
“I think there is need for stakeholders to appreciate each other’s concerns for peace to be guaranteed,” said Kang’ombe.
“It would not take a politician to tell the students to demand justice for their friend who was shot for example. I think issues should have been looked at separately. I don’t think students would wait for a politician to tell them what to do.”
And Mwenda described the closure as unfortunate.
Meanwhile, Mwenda called for a professional investigation into the alleged theft of K200 million from the man whose car was stoned and burnt on Thursday night.
Mwenda said as far as he was concerned, the students could not take responsibility for the lost money because it was far-fetched and based on hearsay.
“We just read about the issue of the money from the media but what I know is that if there was money involved, we could have heard it from the students themselves before we could even hear it in the media. I can only talk about what I can see which is the burnt car and not the money. It is unfortunate that the car was burned,” said Mwenda.
On Friday, the CBU senate brought forward the end of term two to allow management enough time to restore calm and bring back a conducive learning environment and ensure public safety at the institution.
This followed a demonstration on Thursday evening which resulted in students burning a private vehicle.
Labels: CBU, CHRISTOPHER KANG'OMBE, COBUSU, KASONDE MWENDA, WILLIAM HARRINGTON
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Electricity tariff hike will harm environment, says Harrington
Written by George Chellah
Sunday, June 21, 2009 3:22:00 PM
FORMER minister of Environment and Natural Resources William Harrington has observed that increasing electricity tariffs will have a negative impact on the country's environment. And Harrington stated that an increment in power tariffs will be way beyond the reach of the majority of Zambians.
Harrington, who is also a business and investment consultant, made his submissions in an open letter to the Energy Regulations Board (ERB) dated June 19, 2009.
“In the first instance, my commendations to you for conducting public hearings on Zesco’s application to revise electricity tariffs by an average of 66 per cent for all customer categories. It is important and necessary that citizens are consulted over such an important issue,” Harrington stated.
“I had hoped to have the opportunity to address the Board at its hearings but regrettably I was disqualified to do so as I have not made any prior written submission. However, I will make my submission and comments herein, thanks to The Post newspaper.”
He stated that his comments were from the environmental perspective.
“The negative impact of the proposed tariff increment on our environment and climate change... It is common knowledge that deforestation and desertification are amongst Zambia's major environmental problems and challenges today as it has indeed been for several decades now.
“The major cause or contributing factor to this national scourge is poverty and the resultant inability of the majority of Zambians to afford electrical energy for domestic use,” Harrington stated.
“During my privileged tenure as minister responsible for Environment and natural resources in 1995/96, I learnt that poverty in Zambia, as is the case in many developing countries, is both a cause and consequence of environmental degradation. In other words, people are poor because they continue to destroy their environment, and by so doing, they become even poorer.
“The critical point I am attempting to make is that by increasing electricity tariffs, the already high cost of power will be way beyond the reach of the majority of Zambians.
The result will be further destruction of the environment, our precious forest resource, as people will be forced to search for this cheaper and more affordable source of energy.”
He stated that further unsustainable exploitation of the forests would result in desertification.
Desertification is fast encroaching on Zambia. Please go to Southern Province to appreciate what I am talking about. I know because I lived in that part of the country for many years. As far back as 1995, there were no forests within a 30 killometre radius of Lusaka.
The forests have been decimated by charcoal burners,” stated Harrington. “Whilst I appreciate government’s repeated public pronouncements on its ‘commitment’ to environmental protection and implementing programmes to address climate change, these will remain mere rhetoric and misleading if government itself, through Zesco, is going to increase electricity tariffs to the detriment of the environment and disadvantage of present and future generations."
Labels: ENERGY, ERB, WILLIAM HARRINGTON
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Judgment on Dora sets bad precedent - TIZ
Written by George Chellah
Wednesday, June 17, 2009 6:12:50 PM
TRANSPARENCY International Zambia (TIZ) on Wednesday observed that judge Phillip Musonda's judgement on the breach of the Constitution by Dora Siliya as found by the tribunal sets a bad precedent. And William Harrington, the intervenor in the judicial review that was sought by Siliya, said the judgement has embarrassed the Attorney General's chambers.
In a statement following judge Musonda's judgement in the matter where former communications and transport minister Siliya sought judicial review over the findings of the tribunal that she breached the Constitution by ignoring the advice from the Attorney General's chambers when she engaged RP Capital Partners of Cayman Islands to evaluate Zamtel assets, TIZ information officer Ronald Tembo said the judgment set a bad precedent of allowing people to breach the Constitution and get cleared by the Judiciary that is supposed to protect the breach of the supreme law of the land.
Tembo said the judgement on the breach of the Constitution by Siliya was strange, contradictory and puts the Judiciary on trial.
"This is considering the fact that the High Court Judge overruled one tribunal finding which had two Supreme Court judges senior to him and one High Court judge whom he concluded on page 13 of the judgement that 'it was procedurally improper and a breach of the rules of natural justice for the tribunal to pronounce itself on matters which had not been subject of the proceedings and which the respondent therein had not been given an opportunity to be heard in her defence'," Tembo said. "In this judgement on page 28 he quotes a United States Supreme Court judge William Douglas who said 'every judge he had known felt in retrospect that he made mistakes'. Judge Musonda observes that "I know no Judiciary in the common law, where mistakes are not made, what is important is to have a system of self correction'. This admission leaves a lot of questions to be answered. And it is very strange that Supreme Court Judges can be overruled by their junior to have procedurally improper and breached the rules of natural justice."
He said as a general principle, TIZ respected and upheld the independence and dignity of the Judiciary.
"It is our conviction that the Judiciary should not be ridiculed or demeaned as this will unnecessarily lower people's expectation and confidence in this important institution. It is not our intention therefore to depart from that principle in the light of the Lusaka High Court's decision to quash the Dennis Chirwa Tribunal's findings on the breach of the Constitution by Honourable Dora Siliya," Tembo said. "It is also strange in the Judgment on page 28 that he concludes that 'this courts intervention in the Tribunals decision under the Parliamentary and Ministerial Code of Conduct is caught up in a legal web: (i) under the Judicial review I cannot delve into the merits of the tribunals decision'. It is strange that despite making such a conclusion the same judgement comments on the merits of how the Tribunal breached the rules of natural justice and further rules against the tribunal conclusion on the breach of the Constitution.
"We feel that the judgement sets a bad precedence of allowing people to breach the Constitution and get cleared by the Judiciary that is supposed to protect the breach of the Constitution. We leave this matter to the Zambian people to debate and find their own interpretations and answers."
Tembo reminded the public that the judge Chirwa-chaired tribunal made facts of findings of eight breaches committed by Siliya.
"She has however only challenged one of the breaches on the Constitution. The other 7 breaches are still outstanding and we are happy that the Anti-Corruption Commission has confirmed to us that they have instituted investigations against Hon. Siliya. The conclusions raised in still stand and in need of an appropriate response from the Government," he said.
Tembo said the tribunal found that Siliya usurped the powers of the Zambia Development Agency (ZDA) because the Attorney General advised that the first memorandum of understanding be treated as a nullity and not that a second MoU over the role of ZDA be signed.
He said the tribunal found that Siliya unlawfully signed the MoU because the Attorney General had indicated in his letter that since the MoU related to the privatization of a parastatal company, it should have been signed by the Minister of Finance and not the former communications minister.
Tembo said the tribunal found that Siliya usurped the powers of Cabinet because the MoU executed on December 22, 2008 was binding on the government and was not contingent upon Cabinet approval of the sale of Zamtel, adding that whether Cabinet approves the sale of the company or not, RP Capital would still claim their money.
He said the tribunal found that Siliya committed the Zambian government to US $2 million without tender approval from the Zambia Public Procurement Authority (ZPPA) because it was clear that once a decision to sell Zamtel had been made by Cabinet, the government would not be allowed to commence any tender process.
He said the tribunal stated that Siliya signed an MoU, committing the government to a sum of money beyond her ministry's threshold without approval from the ZPPA.
Tembo said the tribunal found that Siliya abrogated the Public Procurement Act on Limited Selection because it was clear that the manner in which RP Capital Partners were selected was against the provisions of the Act and the evidence clearly showed that RP Capital Partners went to the Ministry through Siliya.
He said the tribunal also stated that Siliya signed an MoU which was not substantially the same as the draft which the Solicitor General had cleared for signing, adding that in the MoU signed on December 22, 2008 a base floor sum of US$2 million had been inserted.
On Siliya's involvement in procurement of the radar system, Tembo said tribunal acknowledged that the manner of Siliya's involvement in the issue of radar tender was against the guidelines in the Cabinet Handbook especially clauses 8. 2. and 8. 4.
Tembo said the tribunal also found that Siliya breached the Constitution because it was a notorious fact that before ministers assume their responsibilities they took official oath of office to uphold and defend the Constitution and laws of Zambia and that breach of the Constitution was a serious matter.
He said the tribunal found that by ignoring the legal advice of the Attorney General, Siliya breached Article 54 sub Article 3 of the Constitution which had now been challenged in the High Court.
Tembo further said TIZ continued to demand without any compromise that all the costs accrued and payable to RP Capital Partners be met by Siliya herself.
".... Because she personally committed the government illegally as found by the tribunal and she has not challenged this. We shall not allow Zambian taxpayers who are already overburdened to bear the costs brought about by her misconduct, which is not even provided for in the national budget. These costs include amounts of US$50,000, reimbursables, US$2 million base floor sum and the 5% of the realization amount in the event that Zamtel is sold," Tembo said. "The Tribunal concluded by stating in the last sentence of the tribunal report as follows; 'In the present case we leave Honourable Dora Siliya's breaches to His Excellency the President to deal with'. No one should continue misleading the public that no offences or wrong doings [breaches] were committed. The cited unchallenged 7 breaches are serious wrongdoings that border on abuse of public office.
"We further demand that the President Mr Rupiah Banda should now take appropriate action against Hon. Siliya on the 7 breaches as he promised the nation that he was still studying the report and would react to it. We want him to show political will on fighting corruption on these numerous breaches which were left to him by the Tribunal."
He challenged the country's governors and leaders not to dismiss out of hand the tribunal findings.
"The corruption allegations we are witnessing today are symptomatic of systemic failure and it will be an even bigger act of injustice on the part of President Rupiah Banda and his government to ignore the findings of the Dennis Chirwa Tribunal. Admittedly, all parties to the Tribunal will find good and bad aspects of the finding but the challenge to all of us is to build on these outcomes in order for us to strengthen and entrench transparency and accountability in the discharge of public affairs," Tembo said.
And Harrington said he found the judgement from the country's judicial system very interesting.
"That a single judge on his own accord can overrule a tribunal consisting of three respectable senior judges, two of which are Supreme Court judges. It's an interesting development in our legal system," he said.
Harrington said the judgement had embarrassed the Attorney General's chambers.
"This judgement has put the office of the Attorney General in an embarrassing situation that the lawyer appointed by the Attorney General to represent the office of the Attorney General in this matter blantantly contradicted the evidence submitted by the Attorney General himself to the tribunal during its sittings," Harrington said.
"In his submissions to the tribunal the Attorney General submitted that the issue of consulting his office prior to any ministry committing the government to any contract is mandatory. And he produced documentary evidence where his office wrote to Siliya on the matter stating that she had gone ahead to sign the contract after he had advised her to the contrary and that it was as good as not having consulted his office at all and that such an MoU was a nullity."
Harrington said the options of appealing against the judgement still remained open depending on how his lawyers would guide him after studying the matter.
Labels: DORA SILIYA, PHILIP MUSONDA, RP CAPITAL PARTNERS, TIZ, WILLIAM HARRINGTON
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Rupiah’s govt has eroded separation of power – Sata
Written by Chiwoyu Sinyangwe
Sunday, April 26, 2009 3:01:37 PM
PATRIOTIC Front (PF) president Michael Sata yesterday accused President Rupiah Banda’s government of having eroded the separation of powers under which the Executive, Legislature and Judiciary operate.
And Sata disclosed that the PF had asked former transport and communications minister William Harrington to petition the Chief Justice to probe Dora Siliya for alleged corrupt activity in the awarding of the contract to RP Capital Partners of Cayman Islands for evaluation of Zamtel assets before privatisation.
Sata told members of the PF central committee and chairmen of other committees that they needed to be more courageous and stronger in view of the correlation among the three arms of government, which are the Executive, Legislature and the Judiciary.
Sata said the absence of separation of powers was the driving force behind the rebel PF Members of Parliament who had continued to be defiant against the party.
He also said deceased former PF chairman Chitalu Sampa was abandoned during his death by the people who used him to cement their grip on power.
"...hypocrisy was exhibited and it came out naked during the burial of Mr Chitalu Sampa because the people who used him did not come for his funeral, with an exception of Peter Machungwa. They used him for us not to do anything against them because of their misbehaviour and indiscipline against the party. When the man [Sampa] was dead, they didn’t care because for the first time in the history of this country, this is the only time we are seeing the three wings of executive [government] working together as one because those people are there because they know they are going to be supported by the Executive, Judiciary and Legislature...but is that the democracy we fought for?...so I commend all of you for the gallant work which you put in and befitting send-off you gave to our national chairman," Sata said.
And Sata also revealed that he intended to file a complaint against disgraced former transport and communications minister Siliya in his individual capacity on behalf of the party.
Sata also said most people in the country were not willing to take risks to fight ills in the government.
"The problem we have in this country...everybody is a democrat. When the need to fight for that democracy comes, they hide and run away. When others fight for them, then they become democrats. For example, when we saw that Dora Siliya breached the Constitution, everybody went under, it was up to you chairmen of committees, members of the central committee who decided to take a risk of which I commend the chairman of legal and the leader of our legal team Mr Bonaventure Mutale," said Sata. "It was not easy. It was a very big risk knowing the situation in which we are...knowing the way the relationship between the Executive, Judiciary and Legislature [is], but on behalf of the people, we took that risk and we were very successful. I was supposed to be the complainant but my 'kitchen cabinet' advised me 'Sir, how can you be complaining against Dora Siliya', people to complain against Dora Siliya must be people who are on the same level with her and that is why we brought Mr Harrington to come and do the complaint on our behalf and comrade [Wynter] Kabimba, Comrade [Bonaventure] Mutale and all the other people, they did a commendable job and now today, if you are seen to be an orphan, you are a loner, when you are unsuccessful, you are a loner but when you are successful, you have too many parents, brothers and in-laws ...have you seen now everybody is jumping on the Dora Siliya...but when there was a fight, we did not see them."
Sata also urged the party membership to remain steadfast as the party prepared for the 2011 elections.
“...because so far we have moved another step forward to protect ourselves. We know the Executive, Judiciary and Legislature are together but we cannot give up. We will have to continue fighting," he said. "They [government] are a bigger team and they have got the money and if you people keep quiet, by the time you come and realise, they will be nothing left in Zambia and even yourselves will be plundered...so we will have to continue fighting and we have managed now to reach a contempt stage for Madam [Faustina] Sinyangwe for committal of proceedings and we are very grateful that the Indian government did not give her a visa because she wanted to go to India to boast."
Labels: GOVERNANCE, RP CAPITAL PARTNERS, RUPIAH BANDA, SATA, WILLIAM HARRINGTON
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