Muhanga will be first new dawn technocrat to go to jail – Mung’andu
By Ernest Chanda
CHAMA South PF member of parliament Davison Mung’andu has warned that tourism permanent secretary Evans Muhanga will be the first new dawn government technocrat to go to jail.
On April 29, The Mast published an expose which showed that Muhanga had cancelled tourism hunting concession agreements for 19 hunting blocks which were signed in December 2020.
This was against advice from the Attorney General who also warned of heavy compensation the government could pay successful bidders if they sued.
Several stakeholders condemned Muhanga’s decision, including Lusaka lawyer Sakwiba Sikota, a State Counsel.
Socialist Party president Fred M’membe also said there is no public interest in the cancellation of safari hunting concession agreements by Muhanga.
“Clearly, there’s no ‘public interest’ being pursued here; it’s all about personal interest. They want to corruptly award the concessions to themselves, their friends or associates. We demand that they immediately cancel their cancellation of the awarded tenders and follow the Attorney General’s advice,” said Dr M’membe. “There’s something seriously wrong, questionable or even corrupt with this government’s cancellation of the tender for the granting of safari hunting/ photographic tourism concessions ‘due to public interest’. This cancellation is against the Attorney General’s very well-reasoned legal advice. This government has deliberately ignored the Attorney General’s warning that this cancellation was legally unsustainable. And that it will lead to law suits against the government which will tarnish its image in terms of creating an enabling investment environment and respect of the law.”
When contacted for comment, Muhanga blamed The Mast, accusing the newspaper of being used to push an agenda against him.
…I received your press query, but you’ve been going on writing things that you don’t even confirm. So just continue the way you are doing them. If you respect the office, you will come first of all; you ask. But you go and…For me, The Mast has got its own way of doing things, which is not professional I must tell you,” said Muhanga. “My friend, I’ve been in the media also for quite a long time. So, I know who has an agenda. Who is pushing an agenda. You’ve decided to be used at the expense of national interest. I’m not gonna be dragged into that element. So, you’ve decided not to be professional.”
Adding his voice to the debate, Mung’andu, whose constituency covers part of the South Luangwa National Park, questioned in whose interest Muhanga had made such a decision.
“For me, Mr Muhanga has just presented himself to be the first new dawn technocrat who will be going to jail because that is against the law. He can’t just come and unilaterally cancel hunting concessions that were awarded legally. Why is it that they want to bring politics and promote their own economic or financial interests in this?” he asked. “The people of Chama South will reject that. They need to give a valid reason, otherwise this cancellation smells corruption. Let him tell us if there was corruption in the bidding process, and did it affect the community? They need to give us all these answers, or else we’ll not tolerate it.”
Mung’andu accused Muhanga of pushing an agenda “possibly given to him by interested parties”.
“Clearly, instead of Evans Muhanga accusing The Mast of having an agenda, it is him and those that are giving him instructions who have an agenda against the people where these hunting concessions were signed. That has to be put clearly. That it is actually him and those that he is possibly receiving instructions from,” he said. “Why I say so it is them who have gone against the advice from the Attorney General. It is not The Mast newspaper.”
Mung’andu said people from his constituency have already complained against Muhanga’s decision.
He said people from the area had already contacted him to complain about Muhanga’s decision.
“Then secondly, the CRBs (Community Resource Boards) actually have contacted me to complain. As a member of parliament, I’ll be writing him a letter tomorrow over the same matter. You know, as MPs, we don’t necessarily get involved in all what goes on because the community is well represented at each level,” Mung’andu explained. “All villages they have what they call Village Hunting Groups (VHGs). VHGs submit to what they call Community Resource Boards. And representation of the Community Resource Boards comes from some members of each VHG which is represented. That is how the selection is done. And the selection is done according to the commitment that the bidders have made to the community. On top of that they (bidders) pay levy to the government. They also look at how many things has the bidder pledged to do for the people in the entire community. When you look at the outfitters in my community, they are the highest. One of them was the highest in the country. How then can it (cancellation) be called public interest?”
He explained that with Muhanga’s decision only a few locals would benefit.
Mung’andu said he would write to Muhanga on behalf of his constituents, seeking what he termed satisfactory answers.
“They are also questioning to say they are suggesting that outfitters should partner with indigenous locals. That will mean only a few locals will benefit. The current system which makes these outfitters to make pledges to the community is the best because the entire community benefits. So, for us we will be writing to Mr Muhanga, why he unilaterally cancelled the tenders against the advice from the Attorney General,” he said.
Mung’andu asked Muhanga to prepare himself for possible litigation from winners of the tenders he has cancelled.
“If anything, further, we want to remind Mr Muhanga to prepare himself because we are told that those who were affected, they are likely to go to court; which simply means there will be no hunting. And if there will be no hunting let him quickly employ as many wildlife police officers as possible because many of these areas are manned by villagers,” explained Mung’andu. “So, we are talking about people from the community who have been making a living from this. They have been sending their children to school, they have been able to buy soap and do other activities. Now, they are still waiting. They don’t know what will happen. So, he should also be able to prepare himself. He should also tell us whose interest he’s pushing.”
Last month, Muhanga cancelled safari hunting concession agreements signed in 2020, against the advice of Attorney General Mulilo Kabesha, as the hunting season opened on May 1, 2022.
Instead, he ordered a readvertisement of the same in his memorandum to director of national parks and wildlife in the Ministry of Tourism Dr Chuma Simukonda dated April 22, 2022.
According to the Attorney General’s advice in a letter dated January 5, 2022 addressed to President Hakainde Hichilema on tender No. MTA/SP/001/2020, there was nothing illegal about the tender and that cancelling it would attract law suits against the government.
“Your Excellency, I find it pertinent to make an appointment with you and explain the legal implications relating to the subject matter. Your Excellency, prior to meeting you [I] wish to bring it to your attention through this letter that I received a letter from the Ministry of Tourism and Arts reference No. MTA/54/14/2 dated 15th December, 2021 in which the Ministry was seeking a legal opinion on the cancellation of Hunting Concession Agreements (hereinafter referred to as ‘HCAs’,” Kabesha wrote. “The circumstances that engendered the opinion is attributed to your directive to the Minister and Permanent Secretary of the Ministry of Tourism to the effect that the execution of the HCAs must be halted and that the negotiated HCAs must be cancelled.”
He cited formalities which prescribe a genuine hunting concession agreement and advised that once they are met then the tender remains legal.
Citing case law, Kabesha advised against cancelling the agreements as that would attract legal suits on government and subsequent loss of income through compensations to the affected parties.
“Your Excellency, once all these formalities are met, the contract or contracts come into being. According to the Procuring Entity all these procedures were met which resulted in the HCAs being approved,” explained Kabesha. “In the case of National Drug Company Limited and Zambia Privatisation Agency v Mary Katongo, the Supreme Court held that: ‘It is trite law that once the parties have voluntarily and freely entered into a legal contract, they become bound to abide by the terms of the contract and that the role of the court is to give efficacy to the contract when one party has breached it by respecting, upholding and enforcing the contract.’ In view of the cited case and in the absence of cogent evidence of infringement of section 69 (1), it becomes legally unsustainable to terminate the HCAs. Any attempt to effect will undoubtedly lead to law suits against Government which is striving to resuscitate the economy of the country and at the same time creating an enabling environment for investment and respect of the law. I humbly render my advice.”
Specifically, the affected hunting concession agreements include the following:
Musungwa and Shezongo Community Resources Board and JVZ Safaris Limited, relating to safari hunting rights in Nkala Hunting Block in Nkala game management area.
Nabwalya Community Resources Board and Kuwama Safaris Limited, relating to Safari hunting rights in Nabwalya Hunting Block in Nabwalya Game Management Area.
Malama and Kakumbi Community Resources Board and Kwalata Safaris Limited, relating to safari hunting rights in Lower Lupande Hunting Block in Lupande Game Management Area.
Chikwa Community Resources Board and Mopani Safaris Limited, relating to safari hunting rights in Chikwa Hunting Block in East Musalangu Game Management Area.
Mulendema Community Resources Board, Chibuluma Community Resources Board, Kabulwebulwe Community Resources Boards and Nedzo Safaris Limited relating to safari hunting rights in Mumbwa West Hunting Block in Mumbwa West Game Management Area.
Chifunda Community Resources Board and Kocango Safaris Limited relating to safari hunting rights in Chifunda Hunting Block in East Musalangu Game Management Area.
Several stakeholders, including good governance activist Brebner Changala and State Counsel Sakwiba Sikota, have advised Muhanga against the cancellation, warning that government would pay heavily when bidders sue.
And on May 4, 2022, Muhanga wrote a letter officially informing all the bidders about the cancellation.