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
CEC Liquid Telecom acquires RealtimeCEC Liquid Telecom today announced the expansion of its business in Zambia following the full acquisition of Realtime, the second largest Internet Service Provider in Zambia. Read More
Zambia to host Southern African Banking and ICT Summit 2015Efforts to curb increased incidences of cyber crime within Africa’s financial institutions, Government Agencies and private sector have received a boost with the planned Southern Africa Banking and ICT Summit set for April, 30th , 2015 at Intercontinental Hotel Lusaka Zambia. Read More
Ngombe PTA school goes paperless with computer libraryNgombe PTA School has gone paperless by converting its library into a modern computer laboratory which will improve access to modern technology. Read More
Zambian president witnesses MoU signing with HuaweiThe President of the Republic of Zambia, H.E. Edgar Lungu, met with Huawei Senior Vice President Mr. Dafeng Li during his visit to Shenzhen in China. Read More
CEC Liquid Telecom launches FTTH in ZambiaCEC Liquid Telecommunications Limited has launched its Fibre To The Home (FTTH) service, over which homes and businesses of all sizes can access superfast broadband with unlimited data packages. Read More
Zimbabwe, Uganda students shine in MultiChoice Africa, Eutelsat competitionThe winners of the DStv Eutelsat Star Awards, the unique pan-African competition that sparks interest in science and space technology in young African students have been announced in Zambia. Read More
Kalulushi school gets US$50, 000 worth of computersSchool students in Zambia will be the first to benefit from Orica’s Global Community Partnerships Program, with the installation of a state-of-the-art computer lab at Twalubuka Secondary School. Read More
“All Systems GO!” for the DStv Eutelsat Star Awards in ZambiaIt’s “All Systems GO!” for the winners of the fourth edition of the DStv Eutelsat Star Awards to be announced at the awards ceremony in Lusaka, Zambia on February 10. Read More
CEC Liquid Telecom expands fibre network in ZambiaCEC Liquid Telecom Zambia today announced that it is building a new fibre link between Lusaka and Victoria Falls in Livingstone. Read More
FEATURED STORYYoung innovators shine during pitch sessions
Botswana saw an array of upcoming tech wizards selling their ideas during the Vendors’ Day pitch sessions this week.
BEST READ NEWS
IN DEPTHHigh tech homes: Just press play
High tech, digital homes where everything is automated and connected aren’t the stuff of science fiction any longer, says BNC Technology.