Selling ZAMTEL?

Plural politics in Zambia came with a mixed bag and several challenges. Among the challenges was the need to restructure the economy that had been going through trying times. The majority of Zambians today were and are still witnesses to the painful privatization process that followed at the insistence of the IMF and the World Bank. At the start of the privatization process there were very few privatization lessons that experiences could be drawn from.

The privatization of the bulk of industries that were set up by the Kaunda regime turned out to be a well orchestrated agenda in which many people stood to make personal financial gain. The privatization was conducted with much. The republican president at the time, now former president Chiluba, even came up with a term... industries should not be sold for a song. However, what transpired was all too contrary to what he professed. The majority of the industries, if not all, were sold for paltry sums. In the process huge personal fortunes, or is it now misfortunes, were made.

What are we talking about here? The main issue here is whether Zambians are sufficiently savvy to determine the real value and price their asset (Zamtel). Or is it just the lack of appreciation of what the dollar value is? Recent privatization history has shown that there has been a total lack of this knowledge or expertise in Zambia. A perfect example is the current minimum market capitalization of US$500 million that bidders for Zamtel are being asked to meet for a whooping 75% stake in Zamtel. Compare that to the US$3 billion that Vodafone paid for it's 15% stake in Vodacom. We hope Zamtel will not be under sold for a paltry US$500 million but for more. Let us not try to convert the dollar amount into its Zambian Kwacha equivalent because the number of digits obtained are tantalizing.

Let us be realistic about Zamtel's profitability. Zamtel could have been a profitable business, the only problem has been the lack of shrewed management to take advantage of its key position in Zambia. What the company needed someone capable of transforming it's business through the introduction exceptionally attractive programmes to attract more customers. In fact, there is a great opportunity in Zambia for the expansion of fixed-line customer base that currently stands at 95,000 lines. Although Zamtel has been unprofitable for many years, it will not come as a surprising to see new owners transform it into a profitable venture after its acquisition. Having said that, we hope that the sell of industries by ZPA under the Chiluba government provide sufficient lessons for ZDA to arrive at an economic value of Zamtel, a giant that has been dormant until now.

Where is Justice in Zambia?

The war that Levy Mwanawasa initiated against all sanctimonious corrupt citizens of Zambia is facing challenges from quarters that are wary of their cobweb. The vultures are all out in full force to strike at any one appearing to raise the tempo of the fight against corruption. People who were paupers when they ascended to power some two decades ago now claim to be millionaires in American dollar terms. They claim the bulk of the money came from angel donors who "cared" so much to give out millions. What a bunch of nonsense! No-one in their right mind will accept that figment of corrupt mind.

Just when we thought here now was someone ready to take on the corrupt cartel, no sooner that he was shown the door by the powers that be that lack integrity. It appears that Mr. Max Nkole was already creating fear in the minds of the corrupt people that he would get to them too. So the easiest way to circumvent that was to fire the man lest they also face the same fate as the ex-mini bus conductor.

It's clear that there may be someone is actively working behind the scenes arm-twisting judges with threats that there jobs would be on the line if they passed judgment contrary to his wishes. One would agree with the Post Editorial that it is silly to say that former presidents should not be convicted when evidence shows that the person in question engaged in corruption. So how does a magistrate's court acquit someone on flimsy grounds that the prosecution failed to prove beyond reasonable doubt? Which hand was behind the judgment? Many Zambians are in prison for having stolen what, in comparison, would be considered pennies and other lesser crimes. Most of them were hounded like they had committed murder and they have never been given a chance for bail or there petty crimes commuted. Yet the big fish that had access to millions of dollars had the luxury of sleeping in their beds which they acquired with misappropriated public and donor funds. Is the judicial system independent? Where is justice? What justice? Why have allowed leaders to manipulate and the system that is supposed to look after our interests? May be we can only say every dog has its day.

Corruption: Challenges to Zambia's Economic Development

The vicious trend to denude the Zambian government of public funds continues unabated like a whirlwind. What makes it hard to fight the scourge is the mere fact that the same people mandated to ensure efficient collection of taxes and its management are neck-deep in the plunder. At worst the plunder is meaningless and has serious and negative implications to the economy and much worse for the poor.

The challenges facing Zambia are astronomical. What makes it obnoxious is the sheer knowledge that the civil servants, taxmen, some men of law, the police and some in the political leadership are caught up in the vice. Having said that, the question that comes to mind is "Just who can be trusted to fight the fight against corruption and plunder of public funds without getting their fingers soiled? Are there any trustworthy civil servants (or call them corrupt sevants) left in Zambia?

We have stated before that the Task Force against corruption and plunder must be given more sharpened teeth through the enactment of tough laws and enhance its capacity to extend and take the fight to all the minitries, the Zambia Revenue Authority (ZRA), Zambia Passports and Citizenship Department, Bank of Zambia, etc. We believe that the worst of the financial scandals concerning misappropriation and embezzlement of funds are yet to be uncovered.

The penalties intended to fight corruption must not be mere slap-on-wrist but tough enough to deter any one bent on corruption. It is important that the fight against corruption be fought relentlessly with "iron" laws and instruments. In addition, government must adopt zero-tolerance against corruption and be applicable equally across the whole spectrum of the Zambian fabric. Maybe Zambia will do well to relook at corruption and prescribe sharia law against corrupt Zambians regardless of their societal standing.

PUZZLED AND OUTRAGED ABOUT DORA SILIYA’S RE-APPOINTMENT

Written by Kaela B Mulenga, June 21, 2009

The re-appointment of Dora Siliya (DS) a former Communications and Transport Minister to another Cabinet position, Education, after High Court Judge – Phillip Musonda had quashed the findings of the Dennis-Chirwa Tribunal findings – has outraged many people. People are now beginning to wonder if the president Rupiah B. Banda (RB) is serious about fighting the endemic corruption.

Some people are even complaining that ‘activism’ rampant in our judicial system is actually promoting corruption and other forms of injustices.

Activism in a court or judicial system – is understood to be a situation when one or more magistrates and judges are believed to be vigorously taking part in politics. That is, judges make decisions which are perceived to be favorable to the executive or an administration’s agenda or policies. Therefore, Judge Musonda is regarded as to have acted as an activist judge in Dora Siliya’s case.

This activism debate has raged on in U.S.A. and UK – in US being more noticeable during the confirmation process to the Supreme Court of Clarence Thomas. Even today, President Barack Obama’s Supreme Court nominee, Sonia Sotomayor – is being considered as part of BO’s racial agenda. Conservatives are portraying Sotomayor as a racist for suggesting that – White men don’t always make the best judges and un-American for simply using a Spanish pronunciation of her name.

Activism pops up anytime a society is faced with a choice between two or more competing alternatives – or when a paradigm shift is about to occur. During the civil rights movement – apart from civil rights, other issues such as: gender equality; abortion rights; civil liberties; human rights and freedom of speech – were all linked to court activism.

In our case, we’ve to make a choice between a corrupt-free Zambia versus the ‘status quo’ where by the country would continue inefficiently and corruptly. If we continue as is – as development gets hampered, and poverty would be widespread. This is the background with which we must judge Justice Musonda’s court ruling in the case of Dora Siliya’s affair.

When a court system makes decisions which impact the society negatively, it is up to the members of that society to carefully watch and scrutinize the “why’s” and “how’s” of those decisions. We must always look for influences behind those court judgments. Otherwise if people stopped being watchful, ideological or selfish goals would render the entire judicial system impartial. We have to, because vices like corruption breed well under this environment. If we let that happen, then what would be the purpose of having a system which does not deliver justice?

Historically we have seen what can happen to a society, when say, the court system is serving the interests of the state – such as under dictatorships or under unjust regimes such as South Africa’s Apartheid system, which existed and acted solely to suppress a black race.

When passing a judgment in matters relating to D. Siliya’s judicial review application - Justice Phillip Musonda has raised some eyebrows because of a tone and slant which is clearly pro-RB. Because of the preliminary information available to people on this Zamtelgate, nobody can hail his ruling as a progressive decision because it seems to have killed the balance and impartiality people expect to get out of its court system.

Some of the interesting questions we can raise in this case are: - First, did those senior judges sitting on the tribunal deliberately make an error in judgment on matters pertaining to law and the constitution? One motive for doing that would be to act as a way of helping President Banda wangle through a difficult and potentially damaging case.

While the objective of doing the appointing authority a favor, intertwined in this motive, would be the attractive personal gain of those judges. End result – the trust, respect, and people’s faith in the judicial system get eroded.

Secondly, people get troubled when they begin seeing conflicts between on one side – High Court Judge’s view against that of the Senior Supreme Court Judges. Truthfully, if the senior judges were not acting as “activists” in these matters, then whose interpretation of the law should the people take as correct, Musonda’s or Dennis-Chirwa’s?

Then, if later it turns out – after scrutiny and re-examination of the case by independent legal minds, shows that - His Highness Musonda’s decision is the correct position, then at least on moral grounds, the senior court judges must resign. For we can’t have senior judges who can’t even interpret the law correctly. That is, every time a mistake is made, obstruction of justice occurs, not to mention the ridicule that the judicial system becomes subjected to.

Finally, it appears that High Court Musonda is arrogantly over exercising the fact that – in matters of law, the Tribunal is technically subordinate to the criminal or High Court code – if I understand these things correctly. If so, it is that ammunition he perhaps relied on when passing that judgment in favor of Dora Siliya and RB’s government.

Conversely, it wouldn’t surprise anyone if RB delay in sucking Siliya was based on the pre-knowledge that they would take advantage of this loophole.

When you consider these points – plus many other relevant ones not outlined here, you end up concluding that – the Zambian people have no body else to redress their grievances. What an awful position to be in? No wonder many young Zambians are mad. How can they not be outraged? It is no wonder many of them desire to leave the country. When shall we get another Jesus-like savior?

I hope all those who care for the survival of Zambia beyond tomorrow are listening.

Dora Siliya Appointed New Education Minister

The scandal that recently engulfed Dora Siliya has only strengthened RB's faith in her capacity to deliver and hence her re-appointment as Education Minister. Indeed, it seems Siliya has a magic wand up her sleeve that has made the president stay focused on bringing her back into Cabinet. Just what rationale was used to re-appoint her? We need to nurture a society of upright leaders and citizens by ensuring that only those without cobwebs in their closet and never implicated in corruption can hold public office.

It is a shame that our country is being run by people that lack any integrity. Just what will it take to clean up the whole system? How long will this circus continue? How long will Zambians maintain their silence?