Zambian Opinions

The Post Exposed

Administrator — Sun, 21 Jun 2009 20:44:00 GMT

Corruption? Whose Corruption? Who perpetrated the corruption in the new scams and revelations

Rupiah Banda’s government is only six months in power, yet it is blamed for the corruption revealed in the 2007 Auditor General’s Reports, the USD53m purchase of mobile hospitals, the purchase of USD2.9m 100 Hearses and others. But is he to blame? What is this campaign aimed to achieve?

While many are genuinely shocked at the extent and blatant acts of corruption at the Ministry of Health, it is however, not surprising to the critics who opposed the major policy shift that President Levy Mwanawasa undertook at the Ministry.

The rot at the Ministry of Health is rooted in one single decision made by the government of Mwanawasa.

On 25th July 2004, President Mwanawasa announced that he would abolish the Central Board of Health (CBoH) arguing that it employed the bulk of health professionals leaving hospitals and clinics unmanned. He also accused CBoH of carrying similar functions as that of the Ministry of Health.

This position was supported by his Minister of Health, Dr. Brain Chituwo and his Permanent Secretary, Dr. Simon Miti.

Chituwo informed the nation that to carry out the dissolution, government needed K400 billion to cover the cost of the structural changes and also required statutory amendments to the National Health Services act of 1992.

He said that since cooperating partners had pledged to meet some costs of this transformation, he hoped that they supported the dissolution idea. When Dr. Simon Miti pushed hard for the abolition of Central Board of Health (CBoH), many didn’t see the sense or fathom the logic behind it. This is because CBoH was a successful and efficient health delivery system that had ensured that healthcare country wide was delivered while the Ministry of Health remained preoccupied with policy issues and only played supervisory and regulatory roles.
The formation of CBoH was central in the reforms and changes that came with Democracy in 1991. The changes were designed to improve health service delivery. Like other services weaned off government such as collection of taxes (Zambia revenue Authority (ZRA) transformed from Customs Department) and delivery of road, traffic and infrastructure services (Road Development Agency (RDA) and Road Transport and Safety Agency (RTSA)), it was critical that Ministry of Health was left with policy and supervisory issues while providing health care was done through an streamlined agency.

CBOH was an autonomous body delivering health to Zambians in a more efficient and professional manner. To achieve government goal of delivering equitable access to cost-effective and quality health care to the family, government in 1992 embarked on ambitious health sector reforms that saw the creation of CBoH through an act of Parliament, the National Health Services Act of 1992.

The Act created an autonomous health service body that left the Ministry of Health to rightly deal with policies and care for hospital and clinics infrastructure. The management and delivery of health care was left to CBoH.

There was a trouble in this arrangement for the corrupt few. Donors and government disbursed funds directly to CBoH. Accountability was high and authority over the expenditure of this money was diverse.

The Ministry of Health is key to the development of the country and receives 15% of the National Budget as funding and 42% of project monies from multilateral and cooperating partners to Zambia goes to it.

They needed to centralise all funds received from donors and government and place it under one single authority. For until the ministry was a monolithic structure laden with layers of bureaucratic structure, their plan could not work. Crime thrives in chaos not in transparent and accountable systems. CBoH was a clear danger to them!

They pushed for the immediate abolition of CBoH claiming that the board tied too many skilled and, senior and technical health workers to administrative roles. They succeeded.

In 2005, Parliament passed amendments to the National Health Services Act which saw the immediate abolition of CBoH. The Board’s roles quickly reverted to the Ministry of Health and consequently to Chituwo and Miti.

So began the crime. It was dastard in nature and bold in its impunity.

MODUS OPERANDI

Most of the money from western donors is designed to cater for costs of awareness and education of health workers. In Zambian parlance, it’s called Workshops!
Regular funds from cooperating partners were targeted. Also funds that came from the President’s Emergency Plan for HIV/AIDS Relief (PEPFAR) and funds from the Global Funds against HIV/AIDS, TB, and Malaria. And funds from the National Budget.

A nursing school was quickly set up and friendly lodges were recruited or built to cater for the workshops. And a friendly banker in Suresh Gupta was available. The Ministry of Health receives a third of Zambia’s national Budget. It receives corresponding and similar funding from western donors. Yet all this money is kept at a small bank with only one branch in Zambia. - First Alliance Bank.

The bank is run by Astro Holdings Chief, Suresh Gupta, like Rajahn Mahtani, is no stranger to financial controversies and dealings, and has a way of using money to skirt out of troublesome issues.

What started as small and minor role of banking transactions by Ministry of Health at First Alliance Bank under Dr. Kashiba Bulaya has over the years grown under Dr. Simon Miti, to house Ministry of Health main kwacha and forex accounts.

This is an extremely expensive way to deliver Health care in Zambia as the bank only has one single branch based at Bata House (Now Alliance House after Astro Holdings bought the building from Zambia Bata Shoe Company at a cost of USD1.6m) in Cairo Road.

It means that bank transaction attract costly fees and charges as the small bank has to use bigger banks such as ZANACO, Barclays, Standard Chartered and Finance Bank to channel funding for the ministry to its outlying hospitals and clinics and salary payments to health workers country-wide.

Dr. Bulaya after many years away from the ministry and currently in prison still receives a monthly stipend from First Alliance Bank! One wonders what benefits Dr. Simon Miti receives after ‘enhancing’ the financial relation of Ministry of Health with the Bank.

Investigators are also looking at Gupta’s other banking transactions. The bank is said to keep record and transaction of its valued and personal customers in the strictest of confidentiality.
A separate ledger is kept and managed by Gupta himself away from the prying eyes of the bank staff and regulators.

It is this ledger that has attracted attention from investigators.

Dr. Simon Miti and others are said to appear on this ledger.

So is Mrs. (Dr.) Maureen Mwanawasa who is said to have USD10million (K47bln) in her account!

WHAT IS THE EXTENT OF THE THEFT AT MoH

The extent of the theft of public monies for the period currently under review 2008 and partly 2009 is over K27billion. But the theft is said to be as high as K64billion since 2006.
In these recent revelations, most of the monies have been paid to a newly established nursing school housed at a private house in Chudleigh, Lusaka.

The school, ESU Nursing School has received over K7billion (USD1.2m) just in 2008, on the pretext that it is training government nurses, mid-wives and clinical officers and the continuous training of health workers through workshops.

This is more money given to a single and private institution than government and legitimate nursing training institutions ever receive from the Ministry. These government nursing schools are lying in a state of disrepair and are run under deplorable conditions. Yet ESU Nursing School was paid over K7billion in one year!

One of the Directors to ESU Nursing School is Joshua Ushibantu Simpaya, a Ministry of Health employee! However it is known that such persons as Simpaya and Henry Kapoko are mere fronts holding such assets in trust for the big fishes in loftier positions.

The now infamous civil servant Henry Kapoko received over K10 billion for his lodge Best Home Lodge based in Roma, and for his other companies Hesaka Enterprise, Kahekam ltd.
Other notable recipient was Royal College of Business and Management (Royal Secretarial and Management College) received K4.3billion in 2008.

HOW KAPOKO ‘MESSED’ UP EVERYONE

Thanks to a jilted lover, the lid has been blown that exposes the worst corruption cases in Zambia.

Rudo Tukuza Chitengu, a planner at the Ministry of Health and has a child with Henry Kapoko vowed to bring Kapoko down after a ‘marital’ dispute in February 2009.

When Kapoko broke her arm in an ensuing fight, she reported him to the Police for assault and occasioning serious bodily harm.

She lamented at the Police that she had been in a longstanding relationship with Kapoko would not allow him to leave her for his other numerous girlfriends. She cried that she was only expected to fight with Kapoko’s wife and not fight about his girlfriends!

She promised to bring his arrogant ‘ass’ down and bring his financial empire and that of his ‘bosses’ to the drain.

She took matters in her own hands and made frequent visits to Kulima House (where the Anti-Corruption Commission (ACC) is housed).

This resulted in a sensational case where Kapoko has been exposed. ACC picked Kapoko and restricted and seized his newly acquired assets. Among the assets seized is an executive lodge, Best Home Lodge built in Roma.

Other vehicles impounded were two 4X4s, a BMW X5, and a GM Hammer. The ACC also seized two Mercedes Benz cars, two Lexus cars, a 30 tonne Nissan Truck, two pick-ups, a Mazda and Ford Ranger.

To seek ‘protection’ Kapoko quickly offered his new but ill-gotten wealth to political parties and attempted to ingratiate himself to its leaders. Patriotic Front (PF) leader, Michael Sata was among the beneficiary. He was given undisclosed amount of money and he held several meeting at the lodge.

Also, Rupiah Banda’s consultants during elections, from Bell Portinger a UK, PR and publicist specialist also stayed at Best Home lodge.

Although acting as a whistle blower, Rudo Tukuza Chitengu has not been spared! She used her own ill gotten wealth received from Kapoko, to illustrate how Kapoko, Miti and others stole public monies.

The ACC has however acted prudently seeing through Rudo’s anger and intention. The ACC has consequently seized or restricted Rudo’s flat no 27 ZNBS Complex in Musonda Ngosa Road in Villa Elizabetha.

Her account at Intermarket Banking Corporation with a K200million deposit has been frozen. Her mother’s (Ann Ngoma) assets have also been frozen. Rudo’s assets in shares at ZANACO and ZAIN have also been restricted.

Further her government bonds valued at K350million has been restricted including cash amounts seized while conducting a search at her house. Rudo is also among the 32 workers suspended and being investigated at the Ministry of Health.

OLD CORRUPTION, HOW OLD?

It is clear that recent revelations of suspected corruption cases were actually committed during the reign of President Levy Patrick Mwanawasa.

Ministers defending Rupiah Banda are always at pains stating that the corruption being exposed occurred before he took office. They continue to remind Zambians that Banda is only six months in power.

Yet they can’t call a spade a spade -that this corruption that occurred under Mwanawasa’s reign and by him or his officials.

There is a lot of trouble with that line. And Fred Mmembe and The Post are sensitive to how corruption cases are exposed. So are the western donors! There is an attempt to depict Mwanawasa’s corruption as civil servants' corruption enjoying no political support or involvement.

The empire portrays the cases in a manner that does not touch ‘Mr Integrity’ for they had washed him so white that they are guarding the ‘legacy’ with jealous.

But the legacy was painted so falsely white, that every new revelation is making a stain, a conspicuous blot! One wonders how long the lie will hold that Mr. Integrity was not so clean after all and he was soiled by his corrupt acts and that of his wife.

And that the charade and mirage created while ‘fighting’ corruption faces collapse, as their own theft and corruption is catching up. The so called Fight against Corruption will stand as exposed as the acts of corruption they hid.

The day of reckoning is making dreadful calling and coming. How will the donors explain the millions of dollars spent in the so called Fight against Corruption? What happened to ‘Zero Tolerance against Corruption Policy’? How could the game rangers turn on the Game the nation trusted them to keep and become the worst poachers?

It is no wonder that the cases of corruption are reported in a strange and skewed manner.

It is either reported as Frederick Chiluba’s corruption the man that left office 9 years ago or Rupiah Banda’s corruption, the man who only ascended to this office six months ago!

The Mwanawasa period is skipped with such skill that it is difficult to recognise that the worst corruption in Zambia in fact, occurred under Mwanawasa, under his watch, mostly by his family, his friends and his officials!

Many are joking that what occurred under Mwanawasa’s reign was in fact not corruption. It was just THEFT! Grand THEFT!

Take for example press reports emanating from the Public Accounts Committee in Parliament that is discussing the Auditor General’s report.

The misappropriation and irregularities are cast in bold exposure that you might not notice that the report under discussion and on the table is a 2007 Auditor General’s Report! And no mention is made to who was in power in 2007!

And the opposition have not helped matters. United Party for National Development (UPND) leader Hakainde Hichilema issued a statement stating that ‘I miss Levy (Mwanawasa), Corruption under Rupiah’s government has worsened!’

Reuben Lifuka, Head of Transparency International also issued a statement claiming that the political will to fight corruption is NOT as strong as it used to be under Levy Mwanawasa. But how can he point fingers, his organisation received government consultancies without going through a tender. His could be a question of sour grapes because he has lost ‘business’ under RB.

Mwanawasa could have shouted loudest against corruption. It is another matter if he really fought CORRUPTION! Although he fought his political adversaries with a whip of corruption, this does not mean that he was fighting corruption.

It is clear that they do not recognise that Banda is in a dilemma. If he chooses to fight corruption, the immediate victims and culprits will be Maureen Mwanawasa, her family empire and the so called ‘legacy’. For he might find himself in the same position as Mwanawasa, where he will be accused of ‘fighting’ those that brought him and favoured him with the privileges of power.

Transparency International, western donors and The Post have perpetuated a myth that fighting corruption is jailing Chiluba and his officials!
Unfortunately, fighting corruption is a much higher principle and would require and mean that WHOEVER has dipped their hands in the public purse and kitty should be brought to book without exception.

If this was followed, it will without doubt, bring in sharp focus the strong allegations of corruption against Levy and Maureen Mwanawasa, Mutembo Nchito, Mark Chona, Fred Mmembe and others who have helped themselves to public monies. They should be exposed and be brought to book. Lets not forget, the British and Danish crown agents were given Medical stores without tender procedures, they were also the custodians of donor funds to the Task Force, . There is no known audit of medical stores to find out if the drugs ordered (ARVs) with government and donor funds ever arrived. The Task Forces overseas accounts have also not been audited and the local accounts revealed gross misappropriation of funds. No action was taken against Mark Chona who has never explained what happened the USD1m that was given to him by Oddys Mandenakis, or the the OVAG over payments and other crimes.
But how could the ‘angels’ of the Fight against Corruption be involved in stealing public funds and with such impunity? The very fight against corruption was their shield as focus and attention was deliberately cast elsewhere!

It is for this reason that Mmembe has busied Rupiah Banda with corruption allegations so that the nation can skip scrutiny of Mwanawasa’s serious allegations of corruption and observe only Chiluba’s allegations and jump to Rupiah Banda’s rule.

History repeats itself. Earlier The Post helped the nation skip allegations of corruption against Kenneth Kaunda’s rule.

A Taskforce was even instituted with official and express limits to probe only Chiluba’s rule! They foolishly portrayed Corruption in Zambia as starting and ending with only Frederick Chiluba. Not Kaunda and not Mwanawasa!

And similar attempts are being made to make the nation jump to Rupiah Banda’s corruption and avoid Mwanawasa’s? And The Post is a veteran institution at providing the nation with such ‘skilful guidance’.

The allegations of corruption against Banda’s government have also helped Mmembe as the Zambian Airways issue is now shelved on the list of priorities. Mmembe and his friends in the donor community have piled pressure on Banda that the focus has now shifted away from them to the ‘new’ scandals!

But it is now clear that attempt by Rupiah Banda’s enemies to depict him as corrupt and selfish has back fired. It has now emerged that the corruption being exposed as Banda’s in fact occurred or was sown under Mwanawasa.

USD53M FOR MOBILE HOSPITALS

When Department For International Development (DFID), head Joy Hutcheon ‘leaked’ documents to The Post about the mobile hospital purchases many were quick to call the deal as corrupt and placed President Rupiah Banda at the centre of the deal.

Yet the deal is old.

In order to attain the Millennium Development Goals (MDGs) in health, government planned two years ago and under Dr. Simon Miti/ Dr. Brian Chituwo that government should construct 15 more hospitals in 19 districts. The Ministry of Health 5 year national strategic plan covering the period 2006-2011 also envisioned these expansions in infrastructure and health service delivery.

Further that mobile hospital should be procured to compliment the investments required in the health sector and attempts to attain the MDGs by 2015.
The mobile hospitals were to be procured from China with a USD53m loan from that country’s Export and Import Bank (EX-IM Bank). The equipment would be procured from China’s industrial giant China National Aero Technology Import and Export (CATIC).
DFID and other donors seem too object to this deal because the procurement is being done outside Crown Agents (managers of Medical Stores), outside their plans and their preferred suppliers.

The donors even threatened to with-hold aid to the health sector if government went ahead with this Chinese deal.

Many should remember that in 2003, DFID offered Zambia, Malawi and Zimbabwe a loan of USD42 million to buy Anti Retrovirals (ARVs)! Only when international charity organisation raised alarm that Africa was being laden with ‘stupid’ and unsustainable debts such as the DFID ARVs debt that they offered to convert it to a grant! How could they give a loan of USD42 million for a purpose that would last few months and was not sustainable but allow these country a long-term loan?

The threats against Banda’s administration have nothing to do with either the mobile hospital deal. Some donors have even now used the recent scam at the Ministry of Health to freeze aid to the health sector. Sweden and Denmark have announced that this year’s funding to the sector will be withheld until investigations are completed in the fraud at Ministry of Health.

The threats lie in politics and a grander plan.

THE 100 HEARSES –COST USD29M

The deal was mooted under Silvia Masebo and has seen the procurement of 100 Hearses by the Ministry of local Government. The vehicles are meant to be used by districts to help people burry the departed with dignity. Although the cause is noble, it is said that the true costs of the 100 Vehicles is USD900, 000.00 and not the inflated USD2.9miilion as each vehicle is said to cost USD9000 and not the USD29, 000.00.

Masebo budgeted for K8billion (USD2.9m) but owing to exchange rate fluctuations, the cost is now K14billion.

CONCLUSION

The Post and its seasonal allies have ratcheted up the political pressure against Rupiah Banda’s government. They are succeeding in portraying Banda’s administration as corrupt and inept.

Their list of acts of ‘corruption’ is growing. There are counting: The award of a contract worth USD2.0million to R. P. Capitals of Cayman Islands to value ZAMTEL assets. The cancelled deal to supply, install and commission of air traffic management surveillance radar systems at Lusaka and Livingstone Airports.

They now include the USD53million for mobile hospitals and USD2.9million for Hearses. They are also citing the amendments and transformation of the law relating to the Zambia National Tender Board now changed to Zambia Public Procurement Authority. The amendments although mooted by the Mwanawasa administration are now a source of accusation that Banda wishes to facilitate corruption through this change of the law which gives more latitude to controlling officers.

And the ‘cream’ of it is the theft of billions of Kwacha by ‘civil servants’ at Ministry of Health.

Some cooperating partners are freezing aid and PF leader Michael Sata is attempting to create an election fever. He has embarked on a country-wide tour drawing crowds in his campaigns.

Clearly one could admire the skills, though evil of The Post in managing to bring ‘crises’ to Banda’s doorstep.

The aim is to make Banda succumb to public pressure and befriend The Post and drop all investigations against Mmembe, Mutembo Nchito, Maureen Mwanawasa and others. This will restore them to a position where they dictate the pace and direction of their brand of the Fight against Corruption. They also wish to ‘restore’ national hatred and interest, and strong feelings of antipathy against Frederick Chiluba as days hurtle towards July 20th 2009!

They also hope to slow down tremendously, the perception of corruption fast emerging against the administration of Levy Mwanawasa. The blemishes and dark spots against ‘Mr. Integrity’ are sprouting everywhere on his white washed image. The marks appear indelible and might hurt the grandiose memorial plans currently underway!

The war is becoming desperate and it is clear that this empire is determined to collapse a legitimate and elected government.

Will Rupiah Banda succumb? Will he drop the strong stance he has taken against the empire? Or will he go for the Jugular?

Minister of Local Government Benny Tetamashimba at a recent press conference promised the nation that the country will be shocked with the new corruption revelations coming!

He called it the Mother of all Corruption in Zambia. He also urged Zambians to note the gender of his terminology! The Mother of All Corruption! Teta, Zambia is watching, Zambia is waiting!

By Jane Moonga (moongajane@yahoo.com)

The Size and Functions of the Zambian Government

Administrator — Thu, 04 Dec 2008 03:52:00 GMT

We received the following from Henry Kyambalesa.

My Fellow Zambians,

I wish to share with you my views concerning the size and functions of the Zambian government following President Rupiah Banda's announcement of his bloated 22-member Cabinet, many of the portfolios having 2 Deputy Ministerial sinecures. These portfolios are as follows:

Minister of Justice;
Minister of Defence;
Minister of Finance and National Planning;
Minister of Home Affairs;
Minister of Health;
Minister of Foreign Affairs;
Minister of Agriculture and Cooperatives;
Minister of Local Government and Housing;
Minister of Gender and Development;
Minister of Commerce, Trade and Industry;
Minister of Communication and Transport;
Minister of Community Development and Social Services;
Minister of Education;
Minister of Energy and Water Development;
Minister of Information and Broadcasting Services;
Minister of Labour and Social Security;
Minister of Lands;
Minister of Mines and Mineral Development;
Minister of Science, Technology and Vocational Training;
Minister of Sport, Youth and Child Development;
Minister of Tourism, Environment and Natural Resources; and
Minister of Works and Supply.

I believe a radical and fundamental reduction in the size of a national government is the only viable means by which a country can save public resources and ultimately pay off a good portion of the national debt, reduce taxes and interest rates to stimulate its national economy and job creation, improve infrastructure in both urban and rural areas, enhance safety and security in local communities, and provide adequately for the needs of education, public health, civil servants, and civil service retirees.

Tanzi and Schuknecht (1998:20), on the basis of a series of empirical studies, have, for instance, found that "countries with 'small' governments can provide essential services and minimum social safety nets while avoiding the disincentive effects caused by high taxes and large-scale redistribution on growth, employment, and welfare."

Government Size versus Economic Growth

The size of a country's government can have a significant effect on the level of its economic growth. As Barro, Gwartney and others, Smith, and the World Bank have found, there is a correlation between an expansion in the size of a government (reflected by an increase in its expenditures) and a decline in private investment and economic growth.

Gwartney and others, in a study designed to examine the impact of an expansion in the size of a country's government on economic growth, have, for example, found that:

An excessively large national government can have a negative effect on economic growth. Grossman, among other researchers, has found a similar correlation in his study of the U.S. government: "there [is] … indeed a negative relationship between growth in government and the rate of economic growth."
As a government grows in size, it crowds out investment, leads to a decline in productivity growth and contributes to a slowdown in the growth rate of its real gross domestic product (GDP). Similarly, Smith has found that "economies with large public sectors grow more slowly and suffer high rates of unemployment than those where this is not the case."
An increase of 10 percentage points in government expenditure as a share of a country's GDP is associated with a decline of approximately 1 percentage point in the growth rate of real GDP. Barro has also found that a 1 percentage point rise in the share of government consumption in GDP is associated with a 0.14 percentage point retardation in the rate of growth of real GDP per head of population. Folster and Henrekson have found a similar correlation. And
From 1980 to 1995, the world's 5 fastest-growing economies—that is, South Korea, Thailand, Taiwan, Singapore, and Hong Kong—had total government xpenditures averaging 20.1% of GDP, and was less than half the average of ECD countries.

Similarly, a study focused on the growth of public expenditure in industrial contries between 1870 and 1996, Tanzi and Schuknecht have found that countries with relatively small governments can perform "as well or even better than their counterparts with relatively big governments." In Middleton's words, a "smaller, better-focused government is better able to deliver than is big government."

Peden and Bradley, using U.S. data for the period 1949-85 to examine the effect of the size of government on economic output and productivity, have also concluded that the "level of government activity in the economy has a negative effect on both the economic base and the economic growth rate growth."

In all, as a government grows in size and more and more resources are allocated by political rather than market forces, economic growth, as Gwartney and others (1998:3) have found, wanes and eventually becomes negative partly because the higher taxes and/or additional borrowing required to finance government expenditures exert a negative effect on the economy.

Core Functions of Government

A small government cannot promote economic growth unless governmental institutions and agencies can adequately perform their core functions (Gwartney, 1998:5)—including the following: protection of property rights and civil liberties; providing for public safety, security and infrastructure; enforcing business and other forms of contracts among individuals and/or institutions; inducing commercial and industrial
activities; and facilitating the provision of quality education, training and health care.

Let us consider a few other prescriptions of the functions of government cited in the literature.

1) Amoako (2004) has cited the following as important functions which the
"capable state" ought to perform: guaranteeing peace and security, providing
and enabling political and legal environment for economic growth, and
promoting equitable distribution of the fruits of economic growth.

2) Anderson (1989:19-23) has identified the following as essential
functions of government:

(a) Provision of economic infrastructure, including the basic
institutions, rules and arrangements needed in the operation of a modern
economic system;

(b) Provision of public goods and services, including national defense and
security, roads and bridges, sewage disposal facilities, and traffic control
systems;

(c) Resolution of group conflicts in pursuance of justice, public order
and political stability;

(d) Maintenance of competition between and among economic units;

(e) Protection of the fragile natural environment against degradation and
wasteful use;

(f) Provision for minimum access by citizens to economic
outputs—including social security, unemployment compensation, food and
housing assistance, and medical care; and

(g) Stabilization of the national economy by means of monetary and fiscal
policies.

3) Hart (1996a and 1996b) has tendered a general and perhaps more useful
description of what should be among the most basic of the functions of a
country's government:

"Governments should be restricted to functions which, by their nature, are
necessary monopolies in which competitive private enterprise cannot operate
efficiently and in the national interest…. [It is] … determined that private
monopolies are antisocial … [although] there are some functions in which
monopolies are necessary for efficiency. It would be impracticable, for
example, to have numerous competitive reticulated services for the supply of
water, gas and electricity, etc."

In retrospect, defining the core functions of government should be the
crucial first step toward responsible governing, because delivering public
services efficiently and effectively is hardly significant unless a
country's government knows clearly what it is supposed to deliver and why
(Evergreen Freedom Foundation, 2003).

In this endeavour, Zambia needs to consider the prospect of creating a
smaller executive arm of the government consisting of the following 10
Cabinet portfolios:

1) *Education, Training and Sport*: To be directly responsible for
advising and representing the Republican president on matters and issues
relating to the following: general and tertiary education; vocational
training; the training of teachers; adult literacy programs; sporting
programs in all Government-funded educational and training
institutions; and matters concerning remuneration for educators,
trainers and researchers.

2) *Public Health and Sanitation*: To be directly responsible for advising
and representing the Republican president on matters and issues
relating to medical care, medical research, child health and development,
family planning, disease control and prevention, food safety (local and
imported foodstuff), drug safety (local and imported medicines), safety of
herbal medicines, public health education, public health inspections, and
remuneration for public health personnel.

3) *Agriculture and Food Security*: To be directly responsible for
advising and representing the Republican president on matters and issues
pertaining to agricultural development, long-term food security,
agricultural incentives, agribusinesses, agricultural research centers,
irrigation schemes, and the food requirements of unemployed citizens and
disadvantaged children.

4) *Finance and Revenue*: To be directly responsible for advising and
representing the Republican president on financial matters and monetary
issues; the stock market, national debt management and external debt
resolution; management of government-owned enterprises; and revenue
generation through taxation, customs and excise duties, service fees or
charges, and postal services.

5) *Commerce and Industry*: To be directly responsible for advising and
representing the Republican president on matters and issues concerning
trade and industrialization, tourism, mining, business and investment
promotion, imports and exports, trade relations, registration of foreign
companies, and research and development (R&D) support to local
manufacturers.

6) *Defence and Security*: To be directly responsible for advising and
representing the Republican president on matters and issues concerning the
following: national defence and security (including matters and issues
relating to the training, equipment, remuneration for defence and
security personnel); and fire-arm control and registration.

7) *Works, Supply and Transport*: To be directly responsible for advising
and representing the Republican president on matters and issues relating
to the following: utilization and management of nationally owned pieces
of land; provision and maintenance of vital infrastructure nationwide,
including an efficient and inter-modal network of ground and air
transportation; development of "malleable" stretches of the Kafue,
Zambezi, Luangwa, and other sizable perennial rivers for water
transportation; and procurement and distribution of government
supplies; and construction, renovation and maintenance of government
facilities and properties.

8) *Justice and Immigration*: To be directly responsible for advising and
representing the Republican president on legal matters, the protection of
citizens' rights and freedoms, legal aid, title deeds, national
registration, passports and immigration, citizenship and
naturalization, work permits, treaties and agreements with other
countries, intellectual property rights, and remuneration for judicial
personnel and support staff.

9) *Culture and Community Services*: To be directly responsible for
advising and representing the Republican president on issues and matters
relating to the following: preservation of our national treasures
(including national monuments, museums, historical sites, and cherished
cultural and family values); promotion of traditional music and
culture-related crafts; national emergencies; national unity and
patriotism; religious harmony; national ceremonies and festivals; the
operations of civil police and prisons; and issues relating to women,
children, disabled citizens, and retirees and the aged.

10) *Foreign Affairs*: To be directly responsible for advising and
representing the Republican president on issues and matters concerning
foreign political relations; consular affairs and services; profiles of
foreign countries; services and vital information to Zambians in, or
travelling to, foreign countries; and publicizing of Zambian society
abroad.

The Executive branch of the national government should be complemented by
the work of several autonomous government agencies, as provided for in
the Republican constitution, including the following: the Zambia Revenue
Authority; Anti-Corruption Commission; Electoral Commission of Zambia;
Environmental Council of Zambia, Human Rights Commission; Central Supply and
Tender Board; Drug Enforcement Agency; Zambia Development Agency; and the
National Science and Technology Council.

Such agencies need to be administered by a lean ensemble of technocrats.

By and large, civil servants in government ministries that would be
abolished or merged would need to be encouraged to seek early retirement
with full benefits. Professional and skilled civil servants should be
re-deployed in the new government ministries and agencies.

For example, professional and skilled civil servants in the current
ministries of Science and Technology and Sports and Youth Development would
be re-deployed in the contemplated Ministry of Education, Training and
Sport. Those in the ministries of Mines and Mineral Development and Tourism,
Environment and Natural Resources should be re-deployed in the new Ministry
of Commerce and Industry. And so forth.

The government would need to make an earnest effort to take good care of
each and every civil servant who would be affected by the contemplated
changes in the size and functions of the executive branch of our national
government.

A lot of money, buildings, automobiles and other assets would be saved by
cutting the number of Cabinet-level portfolios by half, abolition of the
position of Deputy Minister, abolition of the position of District
Commissioner, and cutting the size of the foreign service.

*Henry Kyambalesa*

-------------------------------------------

*Bibliography*

Amoako, KingsleyY., "Amoako's Africa Diary: Why Good Governance Is Vital,"
http://www.amoako.typepad.com/<https://email.regis.edu/OWA/redir.aspx?C=53b78c76b9dc4fcfa979ebccbee60a9c&URL=http%3a%2f%2fwww.amoako.typepad.com%2f>,
February 2004.

Anderson, James E., "Government and the Economy: What is Fundamental?" in
Samuels, Warren J., editor, *Fundamentals of the Economic Role of Government
* (Westport, Connecticut: Greenwood Press, 1989).

Barro, Robert J., *Determinants of Economic Growth: A Cross Section
Empirical Study*, MIT Press, Cambridge, MA, USA.

Evergreen Freedom Foundation, "Determining Government's Core Functions,"
http://www.effwa.org/<https://email.regis.edu/OWA/redir.aspx?C=53b78c76b9dc4fcfa979ebccbee60a9c&URL=http%3a%2f%2fwww.effwa.org%2f>,
January 2003.

Folster, Stefan and Henrekson, Magnus, "Growth Effects of Government
Expenditure and Taxation in Rich Countries," *European Economic Review
45*(2001).

Grossman, Philip, "Government and Economic Growth: A Non-Linear
Relationship," *Public Choice 56* (1988): 193-200.

Gwartney, James *et al*, "The Size and Functions of Government and Economic
Growth," http://www.house.gov/jec/<https://email.regis.edu/OWA/redir.aspx?C=53b78c76b9dc4fcfa979ebccbee60a9c&URL=http%3a%2f%2fwww.house.gov%2fjec%2f>,
April 1998.

Hart, Graham, "The True Functions of Government," Geologist Education
Association, Inc. of Western Australia,
http://www.multiline.com.au/<https://email.regis.edu/OWA/redir.aspx?C=53b78c76b9dc4fcfa979ebccbee60a9c&URL=http%3a%2f%2fwww.multiline.com.au%2f>,
October 19, 1996a.

______, "Restrictions of Government Functions is Essential for a Free and
Prosperous Society," Georgist Education Association, Inc. of Western
Australia, http://www.multiline.com.au/<https://email.regis.edu/OWA/redir.aspx?C=53b78c76b9dc4fcfa979ebccbee60a9c&URL=http%3a%2f%2fwww.multiline.com.au%2f>,
1996b.

Middleton, Roger, "Book Reviews: Public Spending in the 20th Century: A
Global Perspective" by Tanzi, Vito and Schuknecht, Ludger:
http://www.eh.net/<https://email.regis.edu/OWA/redir.aspx?C=53b78c76b9dc4fcfa979ebccbee60a9c&URL=http%3a%2f%2fwww.eh.net%2f>,
October 2000.

Peden, Edgar and Bradley, Michael, "Government Size, Productivity, and
Economic Growth: The Post-War Experience," *Public Choice 61 *(1989):
229-45.

Smith, David, "The Effects of Public Spending and Taxes on Economic Growth,"
http://www.iea.org.uk/files/<https://email.regis.edu/OWA/redir.aspx?C=53b78c76b9dc4fcfa979ebccbee60a9c&URL=http%3a%2f%2fwww.iea.org.uk%2ffiles%2f>,
May 19, 2004.

Tanzi, Vito and Ludger Schuknecht, "Can Small Governments Secure Economic
and Social Well-Being?" in Grubel, Herbert, editor, *How to Use the Fiscal
Surplus: What Is the Optimal Size of Government?* (Vancouver, BC: The Frazer
Institute, 1998).

______, *Public Spending in the 20th Century: A Global
Perspective*(Cambridge, United Kingdom: Cambridge University Press,
2000).

Tanzi, V. and Schuknecht, L., "Countries with Big Governments Run Risk of
Slower Growth," *IMF Survey*, February 19, 1996.

World Bank, The, *Global Monitoring Report [2004]: Policies and Actions for
Achieving the Millennium Development Goals and Related
Outcomes*(Washington, DC: The World Bank, 2004).

______, *Can Africa Claim the 21st Century?* (Washington, DC: The World
Bank, 2000).

Season's Greetings!

Administrator — Thu, 04 Dec 2008 03:49:00 GMT

We received the following from Henry Kyambalesa.

During the remainder of 2008 and the years to come, let us all strive to develop a spirit of peace, love, tolerance, and understanding in our hearts, in our relationships and in our communities.

And let us all pray for our leaders in order for them to have enduring courage and wisdom to create a more democratic, more peaceful, more affluent, more egalitarian, and more environmentally sustainable Zambian society.

We wish you a safe and festive holiday season, and a rewarding New Year.

Article on Why Sata Should Just Concede Defeat

Administrator — Mon, 17 Nov 2008 04:12:00 GMT

We received the following from Kanyese Mwambazi in the United Kingdom

By and large, it is a strongly held political view that a party cannot win an election without winning both Lusaka and Copperbelt provinces. To a great extent this view gives some credibility to rigging argument. However, whichever angle you take on the Zambian electoral map despite PF best effort it was going to be an uphill task to unsettle the MMD. This is because MMD rural district power base had well-matched eligible voters as the PF urban district power base. A basic number crunching on eligible voters makes it clear and visible that PF and UPND needed each other as much as MMD needed them to stay apart.
A basic analysis of eligible voters district by district revealed an interesting insight in that districts such as Mongu, Mumbwa, Chibombo, Lundazi, Petauke, Katete and Solwezi are as critical as Lusaka and Copperbelt based districts in deciding an outcome of an election.

Both PF and UPND went in an election disadvantaged because of lack of grassroots organisation in Western, Northwestern and Eastern provinces. As a result, a good strategist such as Mwaanga found it easy to win MMD an election just by a basic analysis of eligible voters district-by-district and not province-by-province.

For example, there were 521,082 eligible registered voters in Lusaka district but you do not need rocket science to know that you can cancel out PF Lusaka district voters’ advantage by just matching them with eligible district voters for Mumbwa (104,935), Lundazi (100,619), Chibombo (98,994), Solwezi (74,847), Kaoma (59,116), Kalabo (48,064) and Sesheke (35,188) districts.

Equally PF advantage in Ndola (131,737) district was invalidated by Chipata district (128,319).

In addition, PF voters in Kitwe (152,718) district were wiped out by Petauke (86,597) and Katete (71,122) districts.

Again, MMD made up for PF voters in Chingola district (60,693) by Chama (34,169) and Mwinilungu (51,893) districts.

In the same way, PF in both Mufulira (60,146) and Luanshya (53,970) districts were off set by just Mongu district (111,159).

Similarly, a PF vote advantage in Chililabobwe (29,638) was cut down by just Kabompo (32,398).

Now given that MMD had a ratio of 7 to 1 win advantage in its stronghold i.e. North-Western, Eastern and Central province rural districts, while PF had only a ratio advantage of 2 to 1 in its stronghold Lusaka, Copperbelt, Luapula and Northern provinces, MMD had in theory won the polls before Zambian even went for polls.

Meanwhile, dominance of UPND in Southern province district makes all eligible voters in the polls as good as spoiled votes.

The most interesting point however is that Sata and HH knew that they needed to unite to win but choose not to and they have been punished for that. So the best they can do is to accept and congratulate MMD and its candidate His Excellence the 4th President of the Republic of Zambia Mr Rupiah Banda. The country needs to move on.

Please note that this analysis was based on eligible registered votes publicly available prior to elections.

A Congratulatory Note to Zambians

Administrator — Mon, 17 Nov 2008 04:03:00 GMT

We received the following from Henry Kyambalesa.

The peaceful atmosphere in Zambia during the recent presidential by-election is a source of great exhilaration. Again, we have portrayed our wisdom, maturity and desire to strengthen our nascent multi-party system. Congratulations!

In the aftermath of the by-election, we need to be mindful of the fact that elections are not an end in themselves; they are essentially intended to afford us the opportunity we deserve as citizens of a sovereign country to choose those amongst us who are adjudged to be both competent and willing to lead us in our quest for a more democratic, more peaceful, more affluent, more egalitarian, and more environmentally sustainable society

My fellow Zambians, President Rupiah Banda's commitment to poverty reduction should be judged by the size of the national government he is going to constitute. If he cannot create fewer Cabinet-level portfolios and abolish the position of District Commissioner, for example, it is not going to be possible for his administration to provide adequately for the basic needs of education, public health, agriculture, and so forth.

A comment on the rampant voter apathy during the presidential by-election is perhaps in order at this juncture.

One of the obvious causes of voter apathy is failure by the MMD government to address the basic needs and expectations of the people. It would be unrealistic for anyone to expect citizens who are facing unprecedented socio-economic problems to be excited about voting!

The Zambian economy is clearly in desperate need of prudent management. One wonders where MMD leaders derive their pride from when they have apparently failed to address the socio-economic ills which have haunted the country over the last 17 years they have been in power.

For instance, tens of thousands of Grade 7 and Grade 9 students have continued to be spilled onto the streets every year, the healthcare system cannot meet the basic needs of the majority of citizens, the majority of Zambians have no access to clean water and electricity, a critical shortage of decent public housing has compelled so many of our fellow citizens to live in shanty townships nationwide, public infrastructure and services are still deficient, civil servants are still not adequately compensated for their services and the payment of their meagre incomes is often delayed, a lot of civil service retirees cannot get their hard-earned benefits, and, among many other socio-economic ills, crime and unemployment are still widespread.

Another cause of voter apathy is the enormous resources (including government resources) available to the ruling party compared to resources available to opposition political parties. This, as Sarandos Zaloumis has maintained in an article entitled "Causes of Voter Apathy" published in *The Post* newspaper of July 2001, annoys the poor and ill-equipped opposition parties.

An additional cause of apathy is selfishness among government leaders, such as that depicted recently by their attempt to give themselves hefty pay increments at a time when the people are facing unprecedented socio-economic woes.

A fourth cause of apathy among voters is political corruption by the ruling party, such as that involving Mr. Rupiah Banda in the run-up to the recent presidential by-election. Such corruption has, according to Sarandos Zaloumis, contributed to some people hopping from one political party to another like grasshoppers. This has diluted the basic role of the opposition, including the critiquing of government policies, and advocating alternative policies and solutions for addressing issues facing the nation.

Political corruption has also led to the general lack of confidence in the electoral process. It has undermined the potential for the electoral process to provide leaders in accordance with the people's wishes.

The role of the Electoral Commission of Zambia (ECZ) in elevating people's confidence in the electoral process cannot perhaps be overemphasized. The recommendations made by the Mun'gomba Constitutional Review Commission (CRC) about the specific roles which the ECZ should play in this regard should be adopted by the National Constitutional Conference (NCC).

To these recommendations, one would do well to add a specific day or date for holding general elections. This can forever forestall any suspicions occasioned by meetings between the ECZ Director and the incumbent Republican president. The NCC may consider the first Friday in September for general elections. The day or date to be considered should be during the dry season, and should give the new Republican president enough time to prepare for the hosting of Independence Day celebrations in October.

I wish you all God's unreserved blessings.

Term of Office for the Next Republican President

Administrator — Mon, 17 Nov 2008 03:39:00 GMT

We received the following from Henry Kyambalesa.

I wish to comment on recent statements made by Patriotic Front President Michael Sata, Attorney-General Mumba Malila and Law Association of Zambia President Elijah Banda regarding the term of office of the Republican president who is going to be elected on October 30, 2008.

According to Mr. Sata, there should be no presidential elections in 2011 because whoever will be elected president in this month-end's election is supposed to rule for five years. Messrs Malila and Banda, like Justice Minister George Kunda, have insisted that the Republican president who will be elected on October 30, 2008 should serve until 2011, to complete the remainder of the time the late President Mwanawasa would have been in office.

These conflicting statements reflect a possible misinterpretation (by Mr. Sata or the other three individuals) of Articles 34, 35, 36, 37, 38, and 88 of the 1996 Republican constitution. Otherwise there could be a flaw in the Articles involved.

In proceeding with my comment on this matter, I wish to pose the following question: What would have happened if the President had died 5 or so months before the next tripartite elections in 2011? Would a presidential by-election have been held within 90 days as provided for in the 1996 Republican constitution? Would it not be impractical to hold a presidential election after a new Republican president has held office for only 2 or so months?

There seems to be a problem in the interpretation of the Articles involved in this case, particularly with respect to "general elections" and the "dissolution of parliament." Article 88 (7), for example, states that: "Whenever the National Assembly is dissolved under this article, there shall be Presidential elections and elections to the National Assembly and the first session of the new Parliament shall commence within three months from the date of the dissolution."

This Article does not say that a Republican president can only be elected whenever Parliament is dissolved. Neither does it say that a President elected after a by-election has to face another presidential contest before serving a full 5-year term provided for in Article 35 (1) of the 1996 Republican constitution. It also does not say that Presidential, Parliamentary and local-government elections have to be held concurrently. The Article, however, seems to assume that there is no death, incapacitation, resignation, or impeachment of the incumbent president.

Article 35 (1) of the 1996 Republican constitution, on the other hand, states that: (1) subject to clause (2) and (4) every president shall hold office for a period of five years. Clause 2 relates to the two term limitation on the Presidency, while Clause 4 reads as follows: a person assuming the office of the President in accordance with this Constitution shall — unless (a) he resigns his office, (b) he ceases to hold office by virtue of Article 36 or 37, or (c) the National Assembly is dissolved — continue in office until the person elected at the next election to the office of President assumes office. [Articles 36 and 37 of the Constitution deal with the removal of the President for incapacity and impeachment, respectively.]

Apparently, Article 35 also does not suggest that whoever will be elected as President during the Presidential elections should hold office only for the remainder of the period before the next general elections.

So, the assumption one can make from the relevant Articles in the 1996 Republican constitution is that Parliamentary and local-government elections would be held in 2011, and a Presidential election, on the other hand, would be held in 2013. This is perhaps the point Mr. Sata is making.

It is unbelievable that Zambia, a 44-year-old country, would be grappling with problems associated with leadership succession.

I hope I am not one of the few Zambians who are having trouble in interpreting the Articles in the 1996 Republican constitution relating to this matter. But it surely explains partly the reason for having an elective vice-presidency to provide leadership when there is a death, incapacitation, resignation, or impeachment of the President until the next general elections.

Finally, I wish to implore Zambians to agitate for inclusion of the following in the new Republican constitution currently being considered by the National Constitutional Conference (NCC) in order to circumvent the costs associated with presidential, parliamentary or any other by-elections in future:

A constitutional clause requiring each and every candidate for the Republican presidency to have a running mate, who would provide leadership until the next scheduled general elections in the event of incapacitation, resignation, impeachment, or death of the President.
A constitutional clause providing for a political party that loses a Member of Parliament or any other elected government official due to death or incapacitation to appoint a replacement to serve the remainder of the incumbent's term.
A constitutional clause providing for a Member of Parliament or any other elected government official who loses a seat through a nullification of his or her election by a court of law to be replaced by a candidate from another political party or an independent candidate who secured the 2ndhighest number of votes to serve the remainder his or her term.
A constitutional clause providing for a parliamentary or any other elective seat that becomes vacant due to an incumbent's expulsion from his or her political party, or due to his or her decision to voluntarily leave his or her party, to be filled through an appointment of another member of the political party by the party's national executive committee to serve the remainder of the term.
A constitutional clause providing for a Member of Parliament or any other elected government official whose political party ceases to exist due the dissolution or de-registration of his or her political party to become an independent elected official and serve the remainder his or her term.
By-elections should be held only in the case of unopposed office bearers; or in the case of non-availability of persons with the 2nd highest number of votes due to death or incapacitation of the persons with the highest number of votes, or due to a tie in the number of votes obtained by persons with the 2nd highest number of votes, or due to any other reasons.

Besides, Articles 46(2) and 47(3) of the Republican constitution -- which restrict an incumbent Republican president to make ministerial appointments from members of Parliament -- to provide for Cabinet-level appointments from the Zambian society at large needs to be repealed. This can afford an incumbent President a larger pool of people from which he or she can constitute a Cabinet, as well as provide for greater separation of the legislative and executive branches of the government.

Appointment of Cabinet Ministers from non-Members of Parliament can also afford presidential aspirants enough time to identify potential ministerial appointees well before tripartite elections rather than waiting for Parliamentary elections to be concluded.

Rupiah Banda's Assumptions

Administrator — Mon, 17 Nov 2008 03:36:00 GMT

We received the following from Henry Kyambalesa.

I wish to comment on the following statement attributed to Mr. Rupiah Banda by Lambwe Kachali and Chibaula Silwamba of *The Post* newspaper in an article entitled "Banda Feels Protected from Witchcraft" dated October 15, 2008:

"On 1 November 2008, you will have a new president and that president must be able to work and see that things in Zambia continue the way they are. If this does not happen, what will happen is that that president will become imbecile; the country will be unable to make any laws, even to do anything, even to pass the budget…. So there will be nothing he will do."

First and foremost, a lot of Zambians will not go to the polling stations on October 30, 2008 to cast their votes for leaders who wish to maintain the status quo. Rather, they wish for a leader who will bring about meaningful change -- change that will be beneficial to them and to future generations.

In fact, there is a lot a new Republican president deliver upon being elected. He or she can, for example, abolish the position of District Commissioner and appoint fewer Cabinet Ministers and Ambassadors in order to save public resources for meeting people's basic needs and expectations.

Besides, Mr. Banda and his supporters have already talked too much about the supposed difficulty in passing laws by any other potential Republican president during the campaigns. There is really no need for the Republican president who is going to be elected to pass new laws within the next three years before the 2011 general elections. Besides, the current Members of Parliament are not likely to stop the new Republican president from introducing laws that would be in the best interest of Zambia and its citizens.

Zambians, I believe, expect the presidential candidates to tell them whether free formal education, no examination fees, merit-based scholarships for vocational training and university education, low-interest educational loans, free life-saving healthcare for all citizens, greater and sustained food security, safer local communities, improved socio-economic conditions nationwide, improved infrastructure, and, among other things, greater care for children and the handicapped would be among important national projects and programs that would be pursued over the next three years.

And it is nonsensical for Mr. Banda to speculate that a Republican president other than himself would dissolve Parliament and the cost of a new election that would ensue would amount to K500 billion. This is pure speculation, which anyone running for political office should avoid at all costs.

Besides, a political party does not need to have the majority of Members of Parliament in the National Assembly to be able to form government. The 8 nominated MPs provided for in the 1996 Republican constitution plus a few who can be lured from other political parties can enable a newly elected Republican president to form government. Zambia does not need another highly bloated national government like the current one! It is high time we embarked on the process of creating a government with fewer Cabinet portfolios, and a government that will live within its means!

Letters to the Editor

Administrator — Mon, 17 Nov 2008 03:30:00 GMT

Thank you for taking the time to contact us and share your opinion with us. All letters for consideration for the Zambian Opinions section must include an e-mail address and can be submitted through the Contact Us page.

The Zambian reserves the right to edit letters for space and clarity, and to use them in printed, foreign language, and electronic versions of The Zambian, The Zambian Online and The Zambian Magazine.