The Development Bank of Zambia has opposed public scrutiny in the K14 billion DBZ appeal case.
The new managing director, Jacob Lushinga, has joined the appellants Fred Mmembe Post Editor and Mutembo Nchito DPP in opposing Chilufya Tayali of Zambian Voice joining as an interested party to represent public interest.
A submission by DBZ lawyers Buta Gondwe and Associates argued that the application to join the proceedings was misplaced because there was no conspiracy whatsoever, between the government and the appellants to frustrate the collection of the K14bn debt.
According to a submission by new Managing Director Mr. Jacob Lushinga the Minister’s instructions to stay the proceedings were only meant to obtain an opinion from the Attorney General so that collection efforts by the Bank were not misdirected and open to challenge.
In the affidavit however, Mr. Lushinga makes no mention of the affidavit by Dr. Abraham Mwenda to withdraw and expunge the notice of discontinuation because there was no legal basis to discontinue the matter and for the bank to act to its own detriment on the directions of the solicitor general. The Affidavit was filed in court on 5th June 2012.
When the matter came up for inter-party hearing before Supreme Court Judge Muyinda Wankie, Hobday Kabwe, the applicants counsel argued that the case made a compelling demand for the public to participate to prevent the collusion between the executive and now DBZ together with Mutembo Nchito and Fred M’membe who were intent on frustrating the debt.
Kabwe emphasized that if the public did not participate the current parties appeared determined to frustrate collection of the debt.
The Bank claims that the decision by the Minister of Finance to stay proceedings was not irregular because as majority shareholder of the Bank the Minister was entitled to take the decision he did.
They further argued that it was wrong to allege that the minister was interfering in the work of the Bank because the Minister was simply seeking guidance from the Attorney General and nowhere did he state that the debt or loan availed to Zambian airways would not be pursued and that this allegation was infact mere innuendo.
Mr. Gondwe further states that it was bordering on contempt for Mr. Tayali to have suggested that the tribunal against the three judges and their recent travails were part of the conspiracy by the government to subvert the debt.