Dora & Zamtel Inquiry - An Unnecessary Tautology?

Well, just when I was about to let my brain enjoy its stay outside my body, a perusal of the country's news media made me decide it is better solemnly admiring me from the outside. That way, I wont have to hit the keyboard with musical reason. Although, my brain is scary when outside my head, I am safer that way as I am protected from the many unreasoned innuendos friends make about my opinions. Hey, but do I care! Their opinions are theirs and I respect them, though some appear to be a majuscule exemplification of infantile reasoning.

And I assert this because it is clear in my mind that they do not know that we should treat those that disrespected us, tortured us, or maimed us, with dignity and respect. Not because we are afraid that if we did not, we too will be treated the same when our time comes. But because it is the only way, we can show that we are more humane than them.

I have no doubt in my mind that in their infantile reasoning the recognition of the inviolability of human dignity dwells beyond the stars. They can not touch. I wonder, if at any one point in their infantile reasoning and melancholic savouring of what they deem "our time to show/get them" they do recognise that courts of law provide even the most despicable criminal the human dignity because he or she is simply a human being.

And this bring me to the subject of this blog. I read that the Commission of Inquiry tasked to investigate the sale of Zamtel and Finance Bank (see end note 1) has asked Former Communications Minister Dora Siliya to appear before it and answer allegations levelled against her over the sale of Zamtel. Unfortunately, our obtuse media has so far not attempted to provide us what these allegations are this time round. In addition, a perusal of the relevant government agencies and State House website does not also provide information on this Commission.(Perhaps, I should learn to accept that we are not yet in the digital age).

So I beg to be allowed to surmise that it is the same allegations that led to the constitution of the Tribunal of February 25, 2009 appointed by the Chief Justice under Section 13 (3) of the Parliamentary and Ministerial Code of Conduct Act, Chapter 16 of the Laws of Zambia following complaints lodged by William Harrington and a consortium of ten (10) NGOs.

The relevant allegation to today's Commission of Inquiry on Zamtel sale, I surmise is that Dora Siliya "against the advice of the Attorney General did award a contract of the sum of US$ 2,000,000 to R.P Capitals Partners of Cayman Island to value the ZAMTEL assets without due regard and / or compliance with the provisions of the Zambia National Tender Board Act, Chapter 394 of the Laws of Zambia"; and that, "she on December 22, 2008 signed a Memorandum of Understanding with R.P Capital Partners Limited on behalf of the Government of Zambia, against the Legal advice of the Attorney General’s chambers".

Further that, in so doing she breached Section 4 (a) and (c) of the Parliamentary and Ministerial Code of Conduct Act.

The Tribunal then made the following findings:
1. That allegation one which has been proved does not fall under Part II of the Parliamentary and Ministerial Code of Conduct Act.
2. That she breached Article 54 sub Article 3 of the Constitution.Article 54(3) provides that "Subject to the other provisions of this Constitution, an agreement, contract, treaty, convention or document by whatever name called, to which Government is a party or in respect of which the Government has an interest, shall not be concluded without the legal advice of the Attorney-General, except in such cases and subject to such conditions as Parliament may by law prescribe".

These allegations, can be argued to be fact and today we do not need parties to go to the Commission and sing the same dog eared song. The findings, though contested (as evidenced in the court cases that ensued) can provide a basis of today's inquiry.

Noteworthy, on the findings is that, I wrote at the time on this blog, in A Disfigurement of Political Opportunities, that it is surely a historic feat that Rupiah Banda can pick a hammer and hit the nail closing his own coffin. It is frightening that a leader can re-appoint a publicily (not legally) unaccepted person. The Dora Siliya re-appointment is amidst overwhelming public discontent with Rupiah Banda's leadership, and it surely is evidential of unfounded political arrogance. This is a time when the few good men left in our political governance institution of cabinet should show their moral mantle(if they do), by stepping down in disagreement with this one act of political foolery and arrogance... The question that begs to be answered and now left to innuendo and speculation is - Whose interests is Rupiah Banda really serving? (http://mbinjimufalo.blogspot.com/2009/06/disfigurement-of-political.html)

Today, if it is agreed that the findings of the tribunal are objective, then the question we should be asking is what is the recourse (see end note 2), and not allowing ourselves to have a circus of rhetoric. This only provides those submitting, the media space that they would otherwise not have.

In my warped perspective of this issue, I here assert that what today the country should be concentrating on, is whether Dora's actions constituted a criminal offence. And, I here hasten to assert that, this is not the purview of a Commission of Inquiry, unless, this one Commission can rationalise itself by adducing reason based on the gaps in the Tribunal and the court judgements that were made relative to this issue! To ask Dora to repeat herself, instead of seeking clarification as to what she may not have said at the time, can be argued to be a denial of rationality. So too, is having individuals submitting a dog eared repertoire of statements that are already known! And that such repetitions and dog eared repertoire of statements can be headline news is harrowing.

Thus, to ascertain that Dora's actions constituted a criminal offence, we need not look further than Section 99, Abuse of authority of office of the Penal Code Act of the Laws of Zambia. Section 99(1) provides that "Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights or interests of the Government or any other person, is guilty of a misdemeanour. If the act is done or directed to be done for purposes of gain, he is guilty of a felony and is liable to imprisonment for three years". And the provisions of the AC Act on Corrupt practices by,or with, public officers; Corrupt transactions by, or with,private bodies; Corrupt use of official power; and, Coercion of investor.

To which end, the reasoning that should rationalise any new inquiry or investigation in the Zamtel sale should be whether Dora acted in a manner prejudicial to the rights or interests of the Government and or whether in the Zamtel transaction there was personal gain that accrued to her. And this, is an interrogative framework for law enforcement agencies.

Thus, it can be arguable that the constitution of this Commission of Inquiry is simply an unnecessary tautology evidencing infantile fixation with the past. It is seriously time, law enforcement agencies and governance institutions in this country are allowed the professional space to provide answers to public officials behaviours deemed to be inimical to the State.

Commissions of Inquiries are quite often merely political opportunistic tools that simply serve to provide an assumption that a government is functioning. In addition, in an environment permeated with infantile reasoning, Commission of Inquiries can also be argued to serve to promote egoistic behaviours that in the long term negate the very essence of the Inquiry.

Let it not be undoubted that considering Dora's role in the Zamtel sale in a law enforcement interrogative framework will serve to enhance public confidence in law enforcement agencies, and indeed provide inarguable evidence of effective State functioning.

The bottom line, therefore, is that we should simply have let law enforcement agencies go to work and build a prima facie case against Dora!

Ciao. I can now allow my brain back outside my head. Good night.

End Note 1. Well, sale of Finance Bank has been reversed before the Commission submits its report. So I hope nobody will make submissions on this issue. Perhaps, then we will save public funds as the sittings will be brief.

End Note 2. Interestingly, in the recess of my memory there is a case of someone else signing an MoU on behalf of the State, but it was not an issue then. Wonder why?