Thursday, March 26, 2009

I didn’t see it necessary to obtain receipts - Siliya

I didn’t see it necessary to obtain receipts - Siliya
Written by Mwala Kalaluka
Thursday, March 26, 2009 6:58:29 PM

COMMUNICATIONS and transport minister Dora Siliya on Thursday said she did not think it was necessary to obtain official receipts for the funds advanced to Petauke Council because she was in a hurry.

And Petauke Council secretary Boyd Mboyi has told the tribunal that no other council official was present when Siliya gave her K6 million out of the K12.5 million at a filling station in Petauke.

This is in a matter where former communications and transport minister William Harrington and ten civil society organizations had petitioned Chief Justice Ernest Sakala to set up a tribunal to investigate alleged corruption and abuse of office involving Siliya.

Harrington and the ten civil society organizations urged justice Sakala to probe Siliya for allegedly breaching the Parliamentary and Ministerial Code of Conduct in her engagement of RP Capital Partners of Cayman Islands to value Zamtel's assets before partial privatization and her cancellation of a tender that was awarded for the installation of radars at the Lusaka and Livingstone international airports.

Siliya is also being probed over her alleged claims of K12.5 million from Petauke District Council as refund for two hand pumps for two boreholes sunk in Nyika ward, when in fact the hand pumps were procured at K5 million.

During continued cross-examination by Eddie Mwitwa, Siliya told the judge Dennis Chirwa tribunal that she hurriedly gave the first advance payment amounting to K6 million to Mboyi, as she was leaving Petauke for Lusaka to attend President Rupiah Banda's inauguration on November 1 last year.

Siliya said Mboyi and herself just signed on a piece of paper to show that the money had been advanced to Petauke District Council to facilitate for the drilling of boreholes in Tasala 2 and Show Grounds areas of the district.

"It was sort of in a hurry, especially on the 1st of November, trying to rush back to Lusaka for the inauguration," Siliya responded to Mwitwa's question.

Siliya said she was again in a hurry when she gave Mboyi the K6.5 million balance of the advance, in the car park at Lusaka's Manda Hill Shopping Mall on November 8, 2008.

She explained that she was worried as to what proof would be there that she did advance money to Petauke Council, hence her decision to append her signature on the piece of paper, on which Mboyi equally appended his.

Mwitwa said it was evident from the pieces of paper that no other council official witnessed the hand-over of the funds from Siliya to Mboyi.

Siliya agreed that there were no other council officials that witnessed the transaction but that Mboyi was in the company of other council officers when the decision to advance the funds for the boreholes was made, in view of a water crisis in the locations concerned.

Siliya said the funds were advanced to Petauke District Council, and not necessarily the Constituency Development Committee, because it is the council that manages the Constituency Development Fund (CDF).

She said the money for the sinking of boreholes was usually from CDF funds. Siliya said the project to drill the boreholes in the two locations was approved by the constituency development committee.

Asked in what capacity she advanced the funds, Siliya said she did that in all her three capacities; as a minister, member of parliament and individual, who is a national leader.

Siliya also agreed with Mwitwa when he asked if she was aware that before the council borrows funds, the decision should be made through a full council resolution.

And testifying before the tribunal Mboyi said he was not in the company of any other council official when he got the advance from Siliya.

Mboyi said Siliya had accused Petauke Council of having failed in water provision following the break down of the high-light pumps that were supplying water to the district sometime in August last year.

He said during a meeting with other council officials on November 29, 2008, Siliya agreed to advance funds to the council for the drilling of the boreholes in Nyika ward after she was told that drillers from the Water Affairs in Chipata were in Petauke.

Mboyi said they requested Siliya to advance them the money because the council had no funds at the time and on condition that the money would be refunded as soon as Siliya claimed and once the CDF had been released into the accounts.

Asked by tribunal member and Supreme Court judge Peter Chitengi if the council chairman was among the officials where Siliya agreed to advance the council K12.5 million, Mboyi said he was not in attendance.

Meanwhile, Siliya said earlier, during re-examination by one of her lawyers Eric Silwamba, that she did not ignore any opinion from the Attorney General's Chambers over the RP Capital memorandum of understanding (MoU) and that she signed the document after an assurance from the ministry's director of planning that all was well.

Siliya said the tender to supply, deliver, install and commission a radar at the Lusaka and Livingstone international airports was still active despite her instruction to her former permanent secretary, Dr Eustern Mambwe, to request the Zambia National Tender Board to cancel the tender.

Siliya said ZNTB refused to cancel the tender.
Hearing continues.

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