MWAMBA REPORTS MUHANGA TO ACC, SECRETARY TO CABINET FOR ENGAGING IN UNLAWFUL PRACTICES AND ABUSE OF OFFICE
Lusaka-18th May 2022
Patriotic Front Presidential Aspirant Emmanuel Mwamba has reported Ministry of Tourism and Arts Permanent Secretary, Mr. Evans Muhanga to the Anti-Corruption Commission.
Mr. Mwamba has stated that the decision by Mr. Muhanga to cancel a validly processed tender related to hunting concessions was a violation of the Zambia Procurement Authority Act of 2020 and other laws.
Mr. Mwamba stated that information has publicly emerged that Mr. Muhanga blatantly defied legal advice from the Attorney General and cancelled the tender.
Mr. Muhanga also annulled the subsequent Hunting Concession Agreement.
Mr. Mwamba stated that another decisions by Mr. Muhanga to fire the Director General of the Department of National Parks and Wildlife, Dr. Chuma Simukonda constituted gross abuse of authority as he refused to participate in the illegalities being perpetrated by the Permanent Secretary.
Mr. Mwamba he had copied his letter of the complaint to the Secretary to Cabinet that he considers effecting immediate administrative action against the Permanent Secretary for gross violation of the law, and breach of public service regulations.
He said the action by Mr. Muhanga will cost government huge sums of money when the affected parties take the matters to court.
He urged the Anti-Corruption Commission to investigate and arrest Mr. Muhanga for abuse of office and related charges.
Below is the letter written to the Director General of the Anti-Corruption Commission and the Acting Secretary to Cabinet.
The Secretary to Cabinet
Cabinet Office
Independence Avenue
LUSAKA
The Director General
Anti-Corruption Commission
Kulima Tower
LUSAKA
RE; GROSS UNLAWFUL PRACTICES BY PERMANENT SECRETARY OF MINISTRY OF TOURISM AND ARTS-EVANS MUHANGA
Monday, 16th May 2022
I am deeply troubled by events occuring at the Ministry of Tourism and Arts.
Information has emerged of two matters that clearly constitute illegalities, abuse of power and possible criminal conduct.
The Permanent Secretary, Mr. Evans Muhanga on 4th May 2022 wrote a letter to cancel a legally and legitimately procured tender related to Hunting Concessions and proceeded to annul Agreements produced to that effect.
According to information now in public, Mr. Muhanga wrote a letter to the Attorney General Reference No. MTA/54/14/2 dated 15th December 2021 in which he sought an opinion on his consideration to cancel the Hunting Concession Agreements.
The Attorney General Mr. Kabesha Mulilo advised that doing so would be illegal and would eventually cost government huge amounts of money in damages.
And the Attorney General, in his capacity as Chief Legal Advisor and Principal Advisor to Government rendered an opinion in a letter dated 5th January 2022 to the President of the Republic of Zambia, Mr. Hakainde Hichilema, highlighting the dangers of such a cancellation.
Despite these actions by the Attorney General which are designed to safeguard public resources and promote the rule of law, Mr. Muhanga proceeded to cancel the awarded tenders, annulled the Hunting Concession Agreements and ordered in a MEMO dated 22nd April 2022 to the Director of National Parks and Wildlife, Dr. Chuma Simukonda, to re-advertise the tender.
He also informed the bidders in a letter dated 4th May 2022 that he had cancelled the tender and had annulled the Agreements.
And sadly we have just learnt that Mr. Muhanga has unilaterally terminated the contract of the Director of the Department of the National Parks and Wildlife, Dr. Chuma Simukonda in a letter dated 10th May 2022.
This is because officers such as Dr. Simukonda have refused to participate in these profound and clear illegalities being perpetrated by Mr. Muhanga.
Dr.Simukonda is a world-renowned environmentalist and he has represented Zambia’s national parks and wildlife policies at various local and international forums including to the USA Congress and to the United Nations.
DEMANDS
It is clear that the Permanent Secretary is engaged in illegalities, wide breaches of the law as shown in these cases.
The PS may NOT be excused or absolve himself that he is following presidential directives or orders as public service officers are obliged by law and Public Service Regulations, to strictly adhere to principles guiding their offices.
It is hoped that Dr. Simukonda will be reinstated to his position at the Department of National Parks and Wildlife as he is a victim of excessive abuse of office by his superior and that the legal liability and cost of the cancellation of Hunting Concession Agreements must be borne by Mr. Muhanga to serve as a deterrent to officers that wilfully break the law with impunity.
For the Anti-Corruption Commission, it is envisaged that criminal charges of abuse of office or Authority and unlawful practices by Mr. Muhanga will speedily be investigated and prosecuted.
Thank you.
Emmanuel Mwamba
emwamba26@jon