The Attorney General has told the Dora Siliya tribunal that the Minister ignored his legal advice on the Memorandum of Understanding with RP Capitals for the evalution of ZAMTEL assets.
Mumba Malila also told the tribunal Chaired by Supreme Court Judge, Dennis Chirwa, that he is not aware that RP Capital Partners has already started evaluating ZAMTEL assets.
Mr. Malila said government will have to meet financial obligations if RP Capital Partners has already started the works.
He said during cross examination by Petitioners’ lawyer, Bornaventure Mutale, that he had suggested that the initial MOU be treated as a nullity following serious concerns from the Zambia Development Agency board.
Mr. Malila said he had delegated Solicitor General, Dominic Sichinga, to deal with the matter but his legal advice was also ignored.
He said he would blame the Ministry of Transport and Communication for ignoring the legal advice and not his officers who had initaily rendered their expert opinion.
And in cross examination by Ms. Siliya’s Lawyer, Eric Silwamba,Mr Malila maintained that legal advice from his chambers was not complied with.
The tribunal has concluded proceedings and Judge Chirwa has asked the two parties to file in their written submissions on Wednesday.
Have a separate tribunal as to why the Attorney General’s advice was ignored
Just arrest Dora Siliya!
Here its very clear Dora flouted the procedures and that comes with a cost-dismissal ,so as to serve as a deterrent to would-be offenders.
Here comes the juicy Indaba…
Hallo Everyone
This is final let makali one awelusze now
So Eric Silwamba is Dora’s Lawyer?. Zizabvuta nkhani… Here comes Dora’s downfall.
By the way,how long will this tribunal take?and how many are expected to testify otherwise to me it will just be another academic exercise by our law enforcers.
I think the headline should have been VICE PRESIDENT GEORGE KUNDA LIED TO THE NATION.
So what is Mr VP, the lawyer have to say. He clearly lied to us that Dora was in the clear. He too should resign when Siliya is found guilty. Oh sorry, he should be fired!!!!. I forgot that Zambian Politicians have no moral to resign on their own.
Anyway,ignore post #8
Dora could use some dismissal… and jail time
On “Mr. Malila said government will have to meet financial obligations if RP Capital Partners has already started the works”, let RP continue with the work if the case case is that thay have started doing the job. However, let Minister Dora resign on moral grounds if she is found wanting. Also, let those who were quick to utter that she was right resign too on moral grounds if she is found wanting and also apologise to the Nation.
In all, let us learn to respect public office and be careful in discharging our duties and slow to make press releases that might cause trouble for us in future.
Other, I wish Minister Dora, Minister of Justice Veep G. Kunda and President RB Banda all the very best in this case of the DORA SAGA TRIBUNAL.
the AG’s submissions changes my opinion on Dora.i succumb to the evidence that she ignored the advise hence i admit that the MOU’s she signed were in bad faith.mr president keeping DORA close to you is a recipe of corruption allegations against your goverment.that’s why this catholic priest from radio ichengelo what’s his name again has found soft spot in throwing jabs against your goverment.it’s because of people like dora because their actions are indefensable.you see the guy can not speak about homosexuality among catholic priest which is rampant.a high number of catholic priests are dying of AIDS and in every diocese about 50% of the priests have got children worse 80% of the missionaries are homos. So mr president as long as you and the Dora like have got traces of corruption…
Consequently, George Kunda and RB’s credibility are strained.
Problem comes in when ministers take themselves as being above the law..probably their perfomance is not even monitored !
No matter the evidence she wil win. Judiciary is very corrupt
Woooow!!!! VP Kunda said Dora did nothing wrong. The chap is a liar. What next? Is Dora free? Should the matter be taken to court? Bloggers! what next?
Perfect test for Zambia’s judicial systym.It is nw clear just jail Dora
If you are a minister in Zambia then you have nothing to fear. That is why this case is taking long cuts and will end up complicated. Just wait and see. Not even the constitution explicitly deals with such misconduct. Set Dora free and let us move on. There is a lot of work to be done.
When thise case started it was clear that Dora did something amiss. Her defense was also weak and hollow in all facets. This is the corruption which has existed since Kaunda’s regime, in the Chiluba’s regime, in the mwanawasa’s regime and now in the RB’s regime. All the ministers are corrupt and they are now shaken at these revelations from the AG. Let Dora be taken to court as she has committed the same type of corruption which Gladys Nyorongo commited – disregarding laid out rules and regulations. As for Kunda, we humbly ask him to resign on moral grounds coz he has become a danger to Zambia’s peace and stability. He is protecting thieves …he protected Kashiwa Bulaya and now its Dora. Let us put pressure on RB to fire Kunda as he has become a terrible liability to Zambia.
“If RP Capital is already doing the job then quite clearly the MoU has not been declared as a nullity,” Malila said. “Save for the last paragraph [paragraph stating that the MoU was a nullity] on the matters that I have alluded to, I still stand by my opinion…I was making a suggestion. With these new facts, it is difficult to define the relationship between the government and RP Capital.”
This was Malila according to the post Dora has to be removed from her position otherwise admit her wrong it was a suggestion and not an order if anything she is only guilty of being encompetent when it came to handling the MOU other than that you are all making noise
Hold your peace everyone, the case is not yet over and yet some people have already passed their verdict. There are always “true lies” in such cases and in the end, it all boils down to tactics.
#22, Awee, Nine Chale , Dora’s road is leading to Chimbokaila.. sad with this cold weather approaching. Gday to you.
Ba Dora elo lwanya nomba.Katwishi fili eko tuleya,nama glasses mwati mukafwalapo so ku chimbwakaila.
Nine Chale. I have just tried to hold my peace but I see a very dark cloud over Dora. Things ar bad mudala
Nine Chale. I have just tried to hold my peace but I see a very dark cloud over Dora. Things are bad mudala
Isn’t the zambian judicial system based on the English Judicial system? If it is refusing legal advice is not a crime unless she was grossly negligent. Legal advice is a FORMAL OPINION ON A SUBSTANCE OF LAW not an order to do something, legal advie is given on take or throw away basis. If it was legal information Dora Siliya would be in breach of professional or ministerial conduct. If Dora has a good lawyer this is a case thats already been won depending on the facts which seem to be in her favour.
Rupiah Banda, George Kunda, fake Rveral and disgraced General Ronnie Shiapwasha you are all a disgrace. I wonder what your wives and chidlred think of you!!
Guy back home, tell me, do the government mouth-pieces the Times of Zambia and the4 Zambia Daily Mail still exisit? and so you buy them? How come they don’t report on anything given as eveidence before the tribunal if it is negative towards Dora? Who are the editors of these crappy papers? Are they journalists of MMD kaponyas? They are a disgrace to all who call themselves jouranlists!
Next to be summoned to testify should be George Kunda who should go and tell the Tribunal on what basis he rushed to defend Dora and his boss!What more evidence is Rupiah awaiting for before he concludes that there was corruption in this whole thing? Is he really as S*T*U*P*I*D and corrupt as people say he is? Please somebody say ain’t so!!
I admire george kunda and what he has accomplished in life before he even became veep.but on Kashiwa and now Dora i concur with you KAMBONGOLO though am alive to the fact that we have had some differences before.the veep is a beacon of the nation legal wise as attorney general but if he carelessly loses cases like in kashiwa’s case and if he loses the Dora one.then we zambians should push for his removal regardless of one’s party affiliation.
Dear comrades, lets humbly request the resignation of all involved in the covering up of the DORAGATE SCANDAL. Shame Shame Shame ……. LIES IN THE MORNING, LIES IN THE AFTERNOON AND YET STILL ….. LIES IN TH EVENING. I pass my vote of no confidence in this regime.
Dora was used and will be dumped liked a used c######! Ubukaka bwabu Nsenga bwamuletelela. i hope she spends a couple of months in jail and look at her life in the rear view!
WHERE’S EDWIN LIFWEKALE?
#29 Zambian-minister-in-waiting, Leonard Kantumoya is managing editor of the Daily Mail and John Phiri for Times. They are MMD card carriers.
Kwandangala: Edwin has gone aground strategising
Though the case has not been concluded but looking at the direction it has taken so far ,I will not be surprised to hear the voices of MMD vigilantes in the name of Lifwelkelo, Siulwapa and the Chief “Air Head” Chewe very soon starting calling for the resignation of Mr Mumba Malila.
I pity Dora who is just a pawn. A witness mentioned RB’s son. According to RP Capital website it is “an alternative investment firm specialising in identifying superior intermediate and long-term investment opportunities on behalf of institutional investors and qualified high-net worth individuals”. Individuals not governments! Is Dora the qualified high-net worth individual? RP Capital is domiciled in the Cayman Islands to avoid tax. It has also got shares in the controversial Katanga Mining Group. Is it right for a government to use public funds to engage a firm that is involved in financial speculations. Hedge funds have been partly blamed for the current credit crunch and the Malaysian leader Mahathir blamed hedge funds for the Asian currency crisis of the 80’s.
interesting how we burnout in rhetoric ranting as if any replacement for Dora would be from the blogging discretion when its just an opportunity for another die-hard MMD loyalist to fill in. RB way drop Dora but with his prerogative, stay ready to hear she is serving in some even more powerful capacity.Presidential prerogative could see her even at some mission station since i hear by June 75% those recalled are returning home.
Always remember this name : Fred Mmembe. He always hammers with evidence and has been right 98% of the time in the 18 years of his existance.
She can’t be prosecuted but she can be dismissed. Prosecution could follow if money changed hands. Examining the given evidence, truely she is hiding something.
This it the time for ba Dora to start improving the conditions in chimbokaila before she goes there. You can never be master of the people that put you in office.
There was late Lemmy Mushota, Peter Machungwa, Mandandi and Sondashi all fired for corruption, did MMD go or were they replaced by outsiders? Under Kaunda were Mark Chona who went with the money to Lexington,Emmanuel Kasonde fired from Finance under UNIP for corruption did see the end of their parties or replaced by outsiders? Good luck to all who think power is individual centered and that the exit of one is their opportunity.
Any one who understand the law know that there is no Ground for prosecution in this tribunal but if found overlooking the procedure could be droped.But with restitution to the appointing powers that be, she could with approval of security wings clearance that she no danger to national security, she could be appointed to any other position at Presidential prerogative.
Nichekeleko the commision you got bakaamba ba Dora. Njala bakulu.
I wonder what made Dora ignore advice
Dora is like munshebwa uwaile namashinshi pa musula kubuko.
lets stop pointin fingers at each other but lets focus on the development of the country by expelling or get ing rid of deceitful leaders. Zambia is a blessed nation but coz of perfidious and disloyal leaders we r halt.
All we need is alteration of governance.
Well well well, when I stated weeks ago that the evidence against this girl was overwhelming and could not see how she could survive removal from office, some pissheads like Akapondo were there vehemently supporting her clearly lost cause with no legal backing at all. I honestly think some people should learn to shut up when it comes to matters they can hardly understand i.e. economics and law!
I salute the gallant lawyers from the Arttoney General’s office, they are worthy of being called true sons of the soil. I just wonder what Kunda will say now, his statement in support of Dora was clearly intended to deceive the nation and let Dora get away from illegal conduct. In all fairness, he should be purged from Cabinet, his conduct especially for the number 2 man in the system is disgusting.
First of all my thanks to you #35, Kwandangala for you response to my question at #29. Secondly, I wish Zambia had just TEN men and women of the caliber and integrity of Attorney-General Malila on the bench as well as in government and politics generally! What a difference that would make to the way our country would be ran compared to the circus we’re witnessing today!! Alas, I have a sneaking suspicion that even Malila won’t last long. Don’t be surprised to hear that he has either been fired or sent into the diplomatic service, the dumping ground most favored by African leaders when they want to silence or sideline any intelligent opinion not in conformity to theirs, thereby effectively neutralizing any intelligent counter views to their own.
CONT’D…Indeed, it is also not beyond the pale of Rupiah to even send Dora into the foreign service as Ambassador in spite of the disgrace she has already been tainted with!! Just how do these leaders expect their diplomats to be held in high esteem or winy any semblance of respect when the host governments already know these diplomats are disgraced? I mean how do you send Nevers Mumba to a country like Canada for heavens sake (pun intended), and expect the Canadians to take you seriously, Mr. Banda? Send such failures to Zimbabwe and Kenya where rigging or elections is the order of the day and are similarly presiding over similarly corrupt governments!
lwanya
Stripper what is your comment on the matter?
That Lifwekelo thing must accompany Dora to Chimbokaila.
Akapondo, ubupondongo bobe nomba bulikwi!!!! Man, some people could see this submission from way afar. You could not because on both sight and brains, you come grossly short.
This is an embarrassing turn of event for events for Nyamaz and the Red lipped fimo fimo.They told us that Dora “Nulity” worked hand in hand with Solicitor General and Attorney General in the matter in question.Dora,everything now lies naked for all to see.I wish you well.
As for Nyamaz his days are numbered,he not even try to recontest fo presidency at their covention otherwise MMD will go into oblivion come 2011.Good luck Red lipped fimofimo.
Alas! The emperor has no clothes.
Dora was in a hurry to detour attention to e-government contract (Maureen Mwanawasa, Kombe), Zambian Airways (Fred Mmembe, Nchito), and Fourth cell phone operator license (Mmembe) issues so as to try to dilute the allegations against her (Radars, RP capital, Petauke boleholes)
Whats the purpose of this posting, weve heard it all before, aint we suppose to be moving a step forward… AND bloggers, i feel its childish to to bring anger to a different thread when you had a misunderstanding on another…New topic, new views new day…..We better than that!
#21, I think you’re misleading yourself here. We all know that the legal situation in Zambia, as clearly stated by the Solicitor General last week before this tribunal is that ministries are NOT AT LIBERTY to ignore legal advise from his chambers. Baba, ako ka “nullity” kenanangu ka kunyunya ka!
Where are MMD youths who were asking for M. Nchito to step down? why are they quiet over this matter? Dora should step down, so is G. Kunda, he should be ashemed for misleading Nyama Soya and the national at large over this same issue, he is not worthy to be called a vice president.
People like Kunda are incapable of telling the truth. This raises questions to whether this number 2 in command has functioning mental faculties??. How come, since time imemorial he always finds himself on the wrong side. Ok, if we say he is a lawyer; does this even reflect in him or what he says??. Is that what law teaches?? In fact going by the level of arrogance he continues to display, he could be at the same wave length with Chiluba.
What a shamefull government
Now, think of your self having Kunda as Legal adviser and you as the president?? I would immediately fire him!!!!. For what benifit should I even have him close. He lied over Bulaya, and he has never really said anything reasonable ever since he became vice presido a part. All he does, is hear what people are saying and then take the opposite stance?? wire
Hope and pray the judiciary won’t let us down. these MMD chaps should be stop in their before they totally destroy whatever good is left of our beautiful country
Congratulations to Mumba Malila! I agree with # 51. What a difference it would be to have TEN gallant men and women like Mumba Malila in strategic Government portfolios. I however believe that the day is coming! I have a dream that one day, we will have a system which Zambians will be proud of! Levy Mwanawasa sowed a seed and in due time, it will sprout and bear fruit. Let us persist and we will be there, AMEN!
Angene chabe… Manje nishi nizeru zabwanji izi ba zed?… Ba regina banangena…. bapulika… kafupi afuniko ngena azapulika… naeve akati angene apulika…aaah mwanyanyisya ba zambia… Nkani ya kudya che michopo on taz payers money…
When did it become a crime to ignore advise? where in the constitution or cabinate handbook does it say ignoring the AGs advise is a criminal offence? the only part the tribunal has to consider is that whatever judgement they make will be setting precedence. if they say Dora was at liberty to ignore then the AGs office becomes a rubber stamp, if the tibunal finds otherwise then ministers will fail to make decisions based on their own judgement and the AG will effectively become the minister himself becsuse it will mean he has the final say in all govnt contracts which is not surpose to be the case, moreover it will set a precedent on ministers being fired on purely adminstrative matters brought to the fore by the media to settle scores. Just yesterday the Post in their Editorial admited…
Dora is clearly ignorant not only of the meaning of “nullity” but a lot of other things and going by her gesturings of disapproval during the tribunal, she’s wholly puerile. I am so glad gallant Arttoney at Law Mutale removed the vile smokescreen from around her “kulimonesha ta” persona and left her stack naked as a thieving, paltry and wretched harlot that she truly is.
When led by Ms Siliya’s lawyer, Eric Sliwamba, Mr Malila said he saw documents related to the MoU between December 25 and December 30, 2008 and that Mr Sichinga briefed him on the two meetings he had with Ms Siliya. He said Mr Sichinga told him that he had made suggestions to the MoU some of which had been taken on board and he never mentioned that Ms Siliya had said that the attorney general’s chambers had missed the point in the advice. He said Mr Sichinga never told him that he had to re-look at his earlier opinion of November 21, 2008, adding that the letter the solicitor general wrote was unclear to him. He also said he was not informed that the legal opinion missed the point because it talked about the sale of Zamtel when the issue was about evaluation of assets.
Dora is at liberty to disregard advise on who to sleep with i.e. Kunda, Teta or Banda. However, when it comes to how she runs the ministry, she is NOT AT LIBERTY to disregard the chief government legal advisor’s advise.
I honestly wonder whether Engines and all of us are reading the same tribunal submissions. The SG told Dora that no point was missed because an MoU is legally binding and since the contract for valuation services was US$2 million, which is above the ministerial threshhold, she could not proceed. The AG never said the SG’s letter was unclear to him, if anything, he concurred with him hence the declaration of Dora’s MoU a nullity.
Awe chashupa kanshi
So is Mr Malila saying had he known that the issue was not the sale of zamtel but the evaluation of zamtel his opinions would have been different? these are matters the learned judges will have to look at before passing judgement. once mor the law is a just vice without passion. if you sensationalise it make make your own judgement based on emotion i can guarantee your disapointment in this case.
#72. Exactly
Engines, Can you let us know where you got the idea that the AG claimed the letter the solicitor general wrote was unclear to him? Because if you read the above, he said “I would blame the Ministry of Transport and Communication for ignoring the legal advice and not his officers who had initaily rendered their expert opinion”.
Yaba chabipa moyo wandi evdence yafulisha
#73 My blog on 71 is a copy and paste from the tribunal cross examination. My advise to you is dont follow newspaper stories they will mislead you. get the actual cross examination bulletin from the court and make a dicision based on that. you can also get it from the Post although it takes long imagine yesterday thats when they produced Doras defence bulletin. on the $2m that is all newspaper stories the cost of the evaluation is $50,000 the $2m comes in in the event of a sale and is a cabinate matter. The matter at hand is evaluation of zamtel and the cost is 50,000 which is within the ministirial threshold.learned men dont be swayed by blind public opinions you will always be cought wrong footed like some political leaders.
Engines, the matter is not whether zamtel was being valued or sold, the issue is no ministry can sign any legally binding document that commits the government to a contract worth more than a specified sum, which is for all ministries except Finance much lower than US$2 million. It was this misguidance of Dora, among others, about sale and valuation that prompted Malila to nullify.
Engines, I do not think #71 is a copy and paste from the tribunal cross examination, NO! I do not think any of the lawyers there are so grammatically challenged, this is more in tune with you. This is your opinion you cooked from the submissions. Can you give us the website where you copied the submission from?
ShakaZulu Ka Sezangankona says
” I had to re-look at his earlier opinion of November 21, 2008, as the letter the solicitor general wrote was unclear to me.” this is a direct quote from the AG my dear, forget newspaper stories check the cross examination bulletins i know the post wont cover it today but they surely will have it next week.
Kunda said: ” the comments being made in The Post on the MoU were based on documents which were leaked, incomplete, selective, premature and illegally in their possession and do not portray a complete picture of the matters in dispute”. Wait, they are also claiming they have more documents about Magande’s dealings. I really doubt anything that comes out of that red lipped snake.
I believe RB and Kunda are now shameful…..Hope they come out and say over and over again that Dora is smarter than those who petitioned
Engines, why are you reluctant to give us the site where you copied this from? You know you are being selective, you’re hiding something here.
LT give us today’s news please!
Iam tired of this Goverment mwe!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Whether the advice from the AG should be taken or not, Kunda lied to the nation when he said the solicitor general cleared this transaction. He categorically stated that the advice had been followed. The tribunal may clear her of wrong doing (on a technicality as some have stated) but who will be held responsible for the lie? And what of the president? He also came out in support of the Minister saying she was smarter than the rest of us. If she was smarter than the AG, why even seek his advice? By the way, if something went wrong and the Govt was sued by RP Capital, who would defend Govt? If your lawyer says you are doing something illegal and you go ahead to do it, who will defend your case? Which is why this advice should not even be optional
We shall see how the Dorah-holes will be filled in Peties. This Chi woman is a terrible nkaanka. She felt that she could shake her nyas and everybody will dance. Chimbokaila is the perfect place for her. After all Regina Chifunda Mwanza Chiluba tested the place. Fuseki, ukutumpa. Buluya.
Engines, you have got this whole thing wrong man. Dora put the Government of the Republic of Zambia in awkward position. If as # 88 Splaka says, we were sued, the Attornney General would have to defend. In the position we are in now, how can the AG defend? This arguement about whether the Minister should have followed advice or not is neither here nor there. If the advice from the AG was optional, what do we need the AG for?
Isabi lyamyunga lya kulya uuchenjele. Te apa umulandu wamonkela. Crime or no crime gross incompetence through lack of respect for diversity is very clear and action should be taken to serve as an example for unproffessional ministers.
#61 Shaka zulu ka senzangakona, I am curious, is your real name Chisha Folotia or are you an ex- mojo of Dora.You really seem to have a thing for this woman.You appear to hate her as much as Maestro hates Michael Sata.
Well, Kunda has shown himself to be very incompetent, he too ought to be relieved of his posts, especially the one about legal affairs. Imagine the legal advice he gave to Dora, is this not quack bollocks we are talking about here? The chap is dangerously incompetent.
Chief Editor, I revile all thieves, Dora included. There is nothing more than plunder that has set us as a people so far backwards and anybody who sets out to cheat my people shall face the rath of my assegai!
#61 ShakaZulu Ka Sezangankona says
He also states that he only made a suggestion and not instructed by order of the solicitor general. You tell me who has the final say regarding this matter??? because i think Dora as a person in position of authourity can have a say and suffer the consquencies should she make the wrong decision. The solicitor general is there to give guidance and not issue orders.
No hatred here regarding Dora,each person to his opinion.Its our tax payers money which was gona be squandered here.Its not hatred but justifying the truth… It hurts that the truth comes out and the fore runners RB and Kunda who said she was smarter cnt cum out to apologise,iis it shame?
#96 Zoe
the issues does not point to moneys missing or anything like that it appears the solicitor general et al are argureing that she did not follow procedure and fact looks like there is nothing this far pointing to Dora benefitting personally in the deal
Thank you so much my fellow bloggers for the knowledge that you have past on unto me through your contribution.I tell you I have benefited alot please continue.Iam going back to books I will miss you all. God bless you and may He always grants you Spiritual knowledge that will not only help you to post good comments but also the spiritual knowledge that will help you distiguish Good from evil.
Bye Terrence Matworld.
It has always been the case with thieves even when caught pants down trying to steal that if they did not steal then “mulandu ni washout”. When these people are sown in, they swear to owe us a duty of care and not execute the duties of their office with reclessness that puts the nation in danger or at a loss. A prima facie case of reckless conduct utra vires laid down procudures has been established here, see the ministerial code of conduct rules if you think I am bluffing.
The AG was advising on the sale not on evaluation. His advise was misplaced and he has admitted to that.
AG was not paying attention to his demands in this matter and he was simply glancing over the issue leaving the details to his subbordinates
Let Dora go to Chimbokaila and pay for her sins. Imwe mwe banthu tamunfwa! When M,membe says something just know that he has strong evidence. But people here including Engine Bricks were like,M,membe its because he want to cover what he did at Zambia airways.Bla,bla and bla.Now what do you say about this?Away from Dora,today as Chelsea we want to teach Liverpool a lesson. The blues!
#100 v
you are spot on like i have repeatedly said the only issue here is that Dora has shown to the public how encompetent she is by not fully understanding what the mou was about and NULLITY very important word in ministerial positions.
other than that you will need to prove interest or personal gain from the arragment and non from the prosecuting side seem to argue along those lines.
If Dora was from Luapula she could have been dismissed from her job and expelled from MMD. Blood is thicker than water so thick that even VAMPIRE Tetamashimba cant drink it for fear that he will become history
#102 Chewe the Virgin
on the chelsea game i agree but on the membe saga not so much. the post is slowly becoming a political party be it directly or otherwise. you see anything to do with the post is clean even when its not i like the paper i am a paying subscriber. just a few days ago i took a lady parking space she insulted me and called me all sorts of names, i came out of the car and told her no need for the abusive language once you stop i will move out and you can park. Guess what happened more unprintables so i locked the car and walked off. mind you this was at a shopping mole. can someone tell me what i should have done???
CIA- gnore the VIXENI
CIA mulishani bane? I tell you Zambia is just heading mumpanga.These characters are taking the Zambian people nowhere.Am just waiting for the out come of Dora,s case.If justice wont take place i will be the first man to have walked from America to Zambia.
Shaka Zulu I think you are bluffing,care to tell us here in the ministerial code of conduct where it says Ultra vires reckless or endangerment is contained? Because right in front of me I have the ministerial code in PDF format and I have searched the whole document and theres no such thing as you have mentioned.
wow! things are not looking good 4 Dora the explorer
Stripper how are you? Your leg is very attractive mwe.
Never mix business, politics and Duducha together ka
#110, Ba Chewe fimo fimo, that leg has pulled your heart for too long,(you have admired it for too long) take your move, its now or never!. Why not propose publicly? we will second the motion rather appaluad you and ullulate from afar……lol.,lol
I wish I had not become firstlady. This corruption might catch me too
It is interesting that women are also being mentioned in the same breath with men in these corruption crusade. Dora, Nyirongo, FTJ’s wife. If mothers go to jail, who would keep the children. Will husbands wait for the wives to come out. For the married anyway.
The Post 2 – Kunda 0. Mr Veep, what do you have to say for yourself now? You misled the late on Kashiwa Bulaya and you have misled this also….and all those bloggers who where saying trash about the Post over this issue, I hope you are hanging your heads in shame, or you are just hanging!!
#114, its very sad what is happening pa Zed. Women who are supposedly mothers and should lead with motherly qualities are instead in the fore-front in the looting and plundering of resources. Not only that, they also fight, insult and are just such an emberrasment to the nation and entire women-folk. This UN/SADC 30% or is it 50% gender representation is not a right, women have to step up to the plate be counted through their behaviour and leadership qualities. Bana mayo, the ball is in your court.
With all due respect to the office of AG, what it stands for and the ideals it envisages for our country, I am yet dissapointed and appalled at the conduct of the office bearer Mr Malila. It is not without cause I state this. Especially so with regard to the matter at hand. Mr Malila in this matter has acted negligently and deliberately inattentive all this tainted with ill motive.One does not need to examine in depth the statements of the AG in the proceedings of the tribunal to arrive at this conclusion.
CONT’D from 117
The AG’s insistence on advising on the sale of Zamtel assets instead of on the evaluation of assets must be examined. Was this deliberate or was he overlooking or simply glossing over matters? It is not difficult to see that he had carefully albeit deliberately covering his back for the inadvent case of contention, potraying an innocent biaseness with nothing clear to pin on him. Or is it the case? His advice from a simple glance states nullity whilst not bluntantly disapproving. I say again, his intention was to cover his back in the event of contention.
In deliberately misdirecting himself to issues pertaining to the sale of Zamtel assests and not the evaluation of the same, he was readying himself for an opportunity to prove a point. That was his principle fault in this matter.As a result of this negligent act on the part of the AG, a misconstrued opinion in the minds of the unseeing public has been formed. Or is it so?. That $2MILLION dollars is to be expended and not a mere $50 thousands in the evaluation exercise. His advice whilst potraying innocence was yet a canon for attack hidden behind a veil of a mixture of misdirections and apparitions of dilligence.
I am sure that the AG has many issues to grupple with in his pursuit of duty and I will not pretend or try to articulate those issues but suffice to say that it is nonetheless inexcusable for him to exhibit incapacity and sheer negligence of duty in his performance. When taking oath, what is/must be at the fore is allegiance to duty and the state above self and benefit. The lack or complete absence of motivations equal to the task of the high office of the AG and the gravity of the undertakings thereof is no excuse for this type of behaiviour on his part. The AG has failed to stand up to his oath. Others have opted to resign on lesser matters. This one would rather do the balancing act. A spineless AG is most dangerous and he chooses to hide his back.
The last excuse that one expects from an AG is ignorance. Why not aware? Why comfortable in clearing himself? It cant be, it must not be! It is either for or against, never neutral. One would have expected non comformity either way, not neutrality. Poverty cant be an excuse. You must choose one side, for or against. Never in between. That is the game the AG is playing. I would rather have him alright advise against than hide behind legal jargon.
The AG is a spineless man holding a very high office, who nontheless took oath for sole aim of personal benefit. Ignorance should be the last excuse from a man aoccupying such a high office. Hypocricy never holds, it fails.
Chief Editor @ #92, how are you able to arrive at such a ridiculous conclusion? You mean it is your conclusion that those who have disagreed with what Dora did hurt her? Don’t reduce yourself to the point of ridiculousness if you have nothing of substance to contribute to the issue.
How long are we going to continue on this path..its sad.
#108, When ever I quote anything, I put it in inverted comas. If you had any brain enclosed in that silly looking head of yours, you will understand the meaning of the terms ultra vires and reckless endangerment as defined in the code. The track mind ignorance that bedevils some Zambians is frightening, it reminds me of ZESCO yaku Malawi or Kaunda waku Angola mentality. Arguing with some certain silly monkeys on this site is such a waste of valuable time.
Mr Malila said: “in my letter dated January 5, 2009, I clearly stipulated the flaws in the MoU and nullified some of the clauses, but Ms Siliya still went ahead to sign the final MoU on January 9, 2009, without considering MY legal opinion”. “the clearance that was given was conditional subject to the amendments that were raised by my chambers” He further said: “failure by a government ministry or department to abide by legal advice from his chambers was contrary to Article 54 of the republican constitution”.
I just do not know what some charlatans on this site want in form of evidence to see that this girl is damaged goods, period! It reminds me of Chiluba’s insistance on “show me the evidence” to corruption allegation, now we know he was neck deep in the stinking excrement himself hence the refusal to act.
#116 to 122, Uilo, i thot AG said Dora was supposed to act on the first legal advise and if she was not happy go back for a clearer view. Read Article 54 of the laws of Zambia and see where the AG is drawing his strength from. I personally see a big smelly fish in this issue coz Dora was not even supposed to sign that document as the legal advice given earlier clearly stipulated that her name be struck off the MoU and ZDA comes aboard as they are the ones who do the tender issues on behalf of GRZ and for Dora to have rushed to sign the MoU which initially was being addressed to her personally as H.E Dora Siliya, then you have a big homework boy.
Che Guavara, the all induring indomitable lion of the revolution, I salute you.
It’s so interesting how even the Nyama Soya mouth pieces of Daily Mail, Times of Zambia, Engines Tetas, Uilos of this world etc now seem to be “selelaling away from ukwatalala” kwa Nullity Dora. Regardless of whether this is just a valuation or not, this is what that silly girl committed us to: “Being led by the petitioners’ lawyer, Bonaventure Mutale, Mr Malila said if the Government decided to sell Zamtel to another company, it would still have to pay RP Capital Partners five per cent of the proceeds”. Now you see, 5% of the proceeds will still be much higher than her ministerial threshold! That’s why Malila said “if he was told that the MoU was about evaluation of shares and not the sale of Zamtel, he could have changed it”.
Some people will never accept that something is wrong even when given ample evidence. Uilo, how on earth do you try to shift the blame from someone who signed the MoU despite the advice given, and move it the advisor? Simply mind blowing, no matter your legal semantics and fancy words, you will never confuse us. She signed when fully and competently advised not to proceed, full stop!! Get it? Good.
When did it become a crime to ignore advise? where in the constitution or cabinate handbook does it say ignoring the AGs advise is a criminal offence? the only part the tribunal has to consider is that whatever judgement they make will be setting precedence. if Dora was at liberty to ignore then the AGs office becomes a rubber stamp, if the tibunal finds otherwise then ministers will fail to make decisions based on their own judgement and the AG will effectively become the minister himself becsuse it will mean he has the final say in all govnt contracts which is not surpose to be the case, moreover it will set a precedent on ministers being fired on purely adminstrative matters brought to the fore by the media to settle scores.the other day the Post in their Editorial admited that they…
Uilo #117, your discussion is confusing and I am sure you intended it that way. Dora is wrong and Malila is right. Dora is just a young woman who got it all wrong. In my opinion she should just have pleaded ignorance and we would have understood. How does a minister start signing papers that technocrats are supposed to sign? She is just wasting our time and she should be fired, epela!
#132 eNGINES. That action by Dora could be intentional, meaning she wanted to have a cut. Remember shes also facing that claim in EP. Ignoring itself is not a crime but the reasons behind the action is acrime. Why in the first instance ignore advice? You ignore TRAFFIC SIGNS AT YOUR OWN PERIL
#129 &130, wena we Zulu, Shaka, bring your assegai closer to the rib cage of Uilo the boy who has trampled on the toes of inkhosi.
#132 Engines, your article 132 is a replica your earlier #69, it shows you’re failing to accept reality even when presented with tsunamic evidence. In my contribution #126 above, I quoted the SG saying: “failure by a government ministry or department to abide by legal advice from his chambers was contrary to Article 54 of the republican constitution”. It’s a terrible insult and an inexcusable insult to god to manifest such a short length of memory. Engines, you are sick in the head!
Che Guavara, wena we liberato, ndabezita inkhosi yethu! During my time, mercenary swallows like Uilo and Engines would taste my assegai by their ribs and would be left to dry out atop a spike pole to save as tastement to all swallows that failure to reason logically is treachery, in effect treason!
#125 SHAKA ZULU Save your latin legal Jargon for non law students that will be impressed. For one person that claims to be well versed in the law you seem to lack the integrity of a lawyer because you are making up facts not even contained in the ministerial code. There is no such rules in the ministerial code. You cannot even distinguish between legal advice and legal information which is why you just look like a bitter person with an agenda against Dora Siliya. You are using latin words which just shows you are probably a failure at Law thats fascinated by it.
stop bluffing and making up lies contained in the Ministerial code SHAKA ZULU
You stinking baboon, read Section 13 of the Parliamentary and Ministerial Code of Conduct Act, Chapter 16 of the laws of Zambia.
The lack of intellectual substance in #138 is insulting. It’s all vile emotions & nothing else.
Well, what would one expect from a pisshead like that, zero!
section 13— AN ALLEGATION THAT A MEMBER HAS BREACHED PART II MAY BE MADE TO TEH CHIEF JUSTICE BY ANY PERSON IN WRITING GIVING PARTICULARS OF THE BREACHES ALLEDGED BY THE COMPLAINANT
YOU SAID AND i QUOTE VERBATIM ” A prima facie case of reckless conduct utra vires laid down procudures has been established here, see the ministerial code of conduct rules if you think I am bluffing.”
Now you see pretending to understand the
cont.
Pretending to understand the law and making false allegations will just show how legally undercated you are. section 13 is a procedure for complaints theres nowhere it says about any ultra vires action on laid down procedures. It’s law wannabe’s like you that wear lexin suits that are ripping off people because you parade yourself as knowledgeble when you know squat!! Pathetic to say the least no wonder the way you carry with childish insults shows that you probably a joke that no one takes seriously/. Stay away from the law because it’s not for wannabe’s like you.
Read #125 again and then proceed to Part II and tell me what you understand. By the way, since you are Union Jacked, what is the difference between the UK and Great Britain?
ShakaZulu stick to whatever unfulfilling career your chose instead of parading yourself as one that knows the law. Next time be careful how you lie because you may impress your fellow drunkards but on here you will get caught easily. And to answer your pathetic question the difference is Ireland one has and the other doesn’t
This article doesn’t need any analysis. Dora’s been caught with her hand deep in the cookie jar. Unfortunately we all know, she’ll be off the hook. pathetic.
Ultra vires: “An act which is beyond the powers or authority of the person or organization which took it.”
Prima Facie: “Readily apparent to the mind”
Wreckless Endangerment: “reckless or wanton conduct that wrongfully creates a substantial risk of death or serious injury to others” = think of people dying in our hospitals today whose lives could be saved by drugs bought from US$2 million she Santa Claused RP Capital. Lastly, it is NORTHERN IRELAND and not Ireland.
Slumdog, you come accross as one with little education with a limited ability to grasp issues. You know, stick to your league “downstairs” because legal matters will just confuse you just like nullity spoked your idol Dora Nullity. The terms above are simple and have taken the liberty of bearing them out for you. I do not know what tribe you are but I suspect you Katangese, maybe translating them in Lingala would be better for you.
By the way Slumdog, I do not drink and I wonder why you keep on referring to this vice. From the way you are conducting yourself here, it seems to me you’re socked in drink, stoned on cannabis or are dementiated in the form of Alzheimer’s disease. I mean, check my comment #136 above, you’re sick in the head.
The famed Fifth Amendment (Miranda v. Arizona case), is perhaps one of the most easily recognized and oft-quoted constitutional rights in American. In other parts of the world, people exercise it in form of shutting up when things above their “pay grade” are being discussed. If nullity can confuse his heroine, it would surely be too much to ask to expect Slumdog to understand the real meaning of Ultra Vires, or worse still, the difference between Ireland and Northern Ireland.
Slumdog, can you please refresh your mind by revisiting your #27. You see, you were puking frivolous verbature clearly not backed by law. Dora can opt to accept advise on who to copulate with e.g. with Nyama Soya, Kunda, Sansakuwa Sangoma or even the wayward Tetamashimba. However, she is not at liberty to run the ministry in any manner she so wishes especially when in comes to the AG’s advise because this is governed by provisions of Article 54 of the republican constitution”.
Since Banda declared at the ncwala ceremony that his goal with Zuma is to unite Ngonis in Southern Africa, suddenly we now hear of Njovuikazi etc from Mtenguleni, copying the style of iNkhosi yama Nkhosi Goodwill Zwelithini kaBhekuzulu. Mpezeni, son of Zwangendaba, a coward who fled scared of fighting me and now pluggerizing my terms.
ShakaZulu Ka Sezangankona
I see you are far from the Shaka you pretend to be. You are clearly not a nguni for you know little about ngunis. You will never know the heart of a Nguni!
The truth hurts and you know it. After I defeated the tribes of Zwide, Soshangane, Zwangendaba and Nxaba, these cowards fled to Mozambique. Soshangane and Zwangendaba coexisted until 1831, when they went to war. Zwangendaba had to flee once again after tasting defeat across the Zambezi. These Ndwandwe people, who became known as the Jere or the Nguni, subsequently spread out into present-day Zambia, Malawi, and finally Tanzania, where that coward Zwangendaba founded the Ngoni Kingdom.
Now, Phambili, apart from those lazy Rozwi Empire Shonas of MonoMutapa, who else did Zwangendaba ever defeat?
Now Phambili indlovu entsha, educate me, which part of your coward tainted history don’t you understand? I think Bwezani Banda knows the tragedy of Zwangendaba’s followers who divided into six tiny groups or chiefdoms and scattered to settle in Tanzania, Malawi, and Zambia. Manje yena iluba indodana yami Zuma a hlanganise abanthu ba Zwangendaba igwala? Hhayi !!!!!!!!!!!!!!!!!!!
In the first place ngingathanda ukukufisela ama ista amahle. Ungumzulu?
In the second place your history of the Ngoni is pathetic.
Phambili, I have presented you with historical facts which anyone who has studied Nguni history will know to be true. If your grandfather put a positive spin over unpalatable facts of your pathetic history when he told it to you as a child, you now know the hard and painful truth.
Mnumzane Shaka
Your belief that the mfecane severed igazi yabesenguni is flawed. Brothers may differ, but their blood remains the same!
ShakaZulu Ka Sezangankona
Shaka was nguni though a zulu, the celes, khumalos are the same royal blood they will ever be. I see you have another interpretation of things. Though Ngunis are few, they conquered large peoples across the entire southern Africa. Ngicela ungisize, were did you get that info about the Nguni? If you care Icould send you incredible history directly handed over by royal descent and not from hearsay!
Is it possible another tribunal be set to find out exactly what went wrong in EGYPT where DORA was our HAMBASSHADAR? We are waiting 4 the VERDICT NOW? Does’nt a tribunal set a date for that as well or do we have to wait for experts just like the setting up of a MAIZE floor price?
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