AG defends Sata’s Zamtel decision
ZAMBIA| July 9, 2012, 10:58 a.m.
By Edith Mwale, Lusaka, Zambia
Zambia’s Attorney General Mumba Malila has told the court that President Michael Sata’s decision to reverse the sale of Zamtel to Lap Green Networks was without malice and done in the public interest.
Malila said Lap Green Networks’ petition against the decision by the Zambian government to compulsorily acquire 75% shareholding in Zamtel should be dismissed with costs because it is premature.
Malila said:“Sata's action was done in the public interest, without malice and was reasonable in the circumstances of the case.”
This is in a matter where Libya's Lap Green Networks of Libya is challenging in a Zambian court the decision by the Zambian government to reverse the sale of 75% shares in Zamtel.
According to skeleton arguments filed before Lusaka High Court judge Albert Wood on Friday, Malila said Lap Green Networks commenced its legal action against the Zambian government without exhausting the legal procedures provided.
Malila submitted that the Zambian government's decision on Zamtel was legal and met all the relevant procedural requirements.
He said the Zambian government’s decision fell within a species of action called Eminent Domain, which exists in most democratic societies.
Malila said sata had scrupulously followed the procedural steps and that there was no ground on which Lap Green Networks could fault the government.
Malila said it was not right for Lap Green Networks to contend that there was procedural impropriety on the ground that it was not heard before Sata made up his mind to reverse the sale. “The right to be heard is not absolute and must be considered in light of the provisions of the law," Malila said.
Malila said the acquisition of 75% shareholding in Zamtel by Lap Green Networks was extremely controversial.
Additionally, Malila submitted that the issue of compensations was never discussed by the parties before the matter was brought to court.
Malila was fired by former President Rupiah Banda as Attorney General for opposing the sale of the company to Lap Green Networks.
But when Sata formed government in September last year after a general election, he reappointed Malila as Attorney General and is now using him to defend the government in court over the decision to reverse the sale of the company.
MORE ZAMBIA NEWS
Muvi TV doubles digital channel line-up on EUTELSAT 7B satelliteMuvi TV, Zambia´s leading commercial broadcaster, is poised for a new phase of expansion with expanded satellite capacity from Stellar, a leading German play-out centre and satellite uplink facility, that leases high-power capacity on the EUTELSAT 7B satellite Read More
Airtel Zambia CSR wins awardAirtel Zambia has scooped two Zambia Public Relations Association (ZAPRA) Awards. Read More
Online condolences flood in for SataZambians and non-Zambians have flooded social media sites with condolences over the death of the country’s president Michael Sata at the age of 77. Read More
Huawei supports Zambian family dayChinese ICT giant Huawei has pledged support for a family centre in Zambia. Read More
Zamtel, NEC in microwave transmission projectZamtel and NEC Corporation have agreed to build a new digital microwave radio transmission network to boost mobile coverage and capacity across Zambia. Read More
World Panel Zambia launches solar chargersWorld Panel Zambia Ltd has launched its durable World Panel solar panels, which charge mobile phones as fast as a wall plug does. Read More
CEC Liquid Telecom Zambia appoints new MDThe Liquid Telecom Group and Copperbelt Energy Corporation PLC have announced the appointment of Andrew Kapula as Managing Director of CEC Liquid Telecom in Zambia. Read More
Huawei equips Mulungushi University with ICTsHuawei Technologies Zambia has handed over 40 computers, desks and chairs to Mulungushi University in a move expected to enhance the learning opportunities for students at the institute. Read More
Zambia, IBM improve access to life-saving drugsIBM has announced a collaboration with the Zambian Ministry of Health to provide citizens with improved access to 200 life saving drugs. Read More
FEATURED STORYPWC: Optimism abounds but a bumpy journey ahead for some
PwC’s ‘Capital Projects & infrastructure in East Africa, Southern Africa and West Africa,’ report says infrastructure spend in the region is projected to reach $180bn per annum by 2025.
BEST READ NEWS
IN DEPTHAfrica lags on digital migration
Only three African countries have so far completed the digital migration process, and serious issues are hampering the migration in other nations.