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Mulongoti: Sata’s RDA Transfer To State House Is illegal

THE transfer of the Road Development Agency (RDA) to State House by President Sata is illegal and unconstitutional and must be reversed in order to protect the office of the President from corruption allegations, says Former Works and Supply Minister Mike Mulongoti.

In an interview Mr. Mulongoti said that RDA was established through an act of parliament and President Sata’s action to move or detach it from the Ministry of Works and Supply was highly questionable, unconstitutional and illegal.

Mulongoti

He said that President Sata should have consulted his Minister of Justice Wynter Kabimba and Attorney General Mumba Malila before making such an illegal move because no procedure was followed to support his action.

“Unless the procedure is followed, the law does not support even people in power to circumvent statutes anyhow. RDA was established through an act of Parliament and the President knows the procedure to do with such institutions,” said Mr. Mulongoti who supported and campaigned for President Sata and the PF government during last years’ election.

Mr. Mulongoti reminded President Sata that procedure was important to avoid people and other institutions questioning the motives the suspension and subsequent establish the tribunal has been challenged in the courts of law.

He said it was lack of following procedure and consultation on matters dealing with the law that attracted public uproar.

“You saw what happened when they removed the Judges without following procedure; the people of Zambia questioned their decision. Their action was brought to question because the procedure was not followed. He acted illegally and they must also know that any decision made that infringes on the statutes surely they must be subjected to the procedures as stipulated by the law in order to benefit and support your action now and in the future,” said Mr. Mulongoti.

Mr. Mulongoti who is also a Lawyer said that there was no law that gave those in power absolute powers to disobey the constitution and other statutes, adding that it was a reason why some leaders in the former ruling party where today in trouble with the law.

He said President Sata should have consulted experienced people and technocrats in government before the move was taken to avoid illegalities and unconstitutionalism in his conduct.

Mr. Mulongoti wondered why President Sata had targeted the Road Development Agency (RDA) when there were a lot of similar concern in the procurement of fertilizer and oil.

“Speaking as a legal mind I don’t think that the law gives you powers to just wake up and create this and demolish that, there is procedure which must be followed always. And this RDA move to State House it is illegal because it is not supported by any statutes and it will create problems not only for the President himself but even other people. And by the way I do not see any reason why the President must target only RDA, how about the procurement of fertilizer, how about the procurement of oil so if he thinks he is the best person to attend to all these issues then let him take everything at State House but he should know that he is courting problems for himself,” said Mr. Mulongoti.

Mr. Mulongoti wondered who was going to stop any corrupt tenders awarded to contractors if the President was directly involved through State House, adding that the reason why it was decided to have RDA at the Minister of Works and Supply was to bring accountability in the management of public funds.

He said it would be difficult for the PF government to fight corruption in that sector because people entitled to audit government activities would not do so without any interference especially that President was directly involved.

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Posted by on September 27, 2012. Filed under POLITICS. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

36 Responses to Mulongoti: Sata’s RDA Transfer To State House Is illegal

  1. acm Reply

    September 27, 2012 at 4:19 pm

    excellent observation keep it up.

  2. brig Misheck collins Reply

    September 27, 2012 at 4:23 pm

    Mulongoti
    You Are finished

  3. Biggie Smallz Reply

    September 27, 2012 at 4:30 pm

    you are right mr mulongoti. the problem with Micheal Satan is that he just walks out of bed with a kachasu hangover and he makes pronouncements without thinking. reverse this now!!!!!!!

  4. sando Reply

    September 27, 2012 at 4:37 pm

    My friend, Mulongoti, you are worse than a worn out tyre but your observation is well timed.

  5. mali Reply

    September 27, 2012 at 4:49 pm

    BRAVO MIKE

    THOSE GOT CHICKEN BRAINS, TRIBE OF THIEVES, SHUT UP

  6. Jojo Reply

    September 27, 2012 at 5:39 pm

    But Mike you campaigned a lot for a person you knew very well that he just works up and does things without thinking and following the law. that is how he is and you knew that. But at least now you have come to your senses and begining to campaign him out.

  7. Zambian Reply

    September 27, 2012 at 5:43 pm

    i wonder what pf will call you ; bitter, frustrated or whatever, but you hav valid points mike.. only that PF has no ears, they are so defensive even of wrong things. HH advised them but as you know they never had any plan.. CNP..a wake up to the parties in opposition..Plan b4 you form govnment.

  8. joe Reply

    September 27, 2012 at 5:53 pm

    mulongoti mukongo obe.ukalalanda ifya muputi twanaka ukufyumfwa.lyose tuleumwfwafye ifwa masushi yobe.itole,ama degree yaku bukote.mature tapona.

  9. Katwa Reply

    September 27, 2012 at 6:45 pm

    Iyee taata. plan before you form Government. Where is the experience – experience of weakened kwacha, experience of unemployment, experience of smoking in parley grounds until lungs get burnt, experience of not regarding the rule of law, experience of politicking on cotton prices, experience of explain old stories of a ganda. We like stories probably some will even eat it. But lets all get down to work. Some former president in America once said “ask not what govt will do for you but ask waht you will do for govt” The question is on what policies will you base your vision even if you work hard? No plans. No policies!!!!

  10. joe+pf is like a fly on feaces, Reply

    September 27, 2012 at 7:47 pm

    ba lunshi PamaFi

  11. Ashmail Reply

    September 27, 2012 at 8:04 pm

    imwe leave sata alone mulimafi sana aini? cnt u c de improvement in de nation? mulifipuba sana.

  12. Ndeipushafye Reply

    September 27, 2012 at 8:19 pm

    Bushe Mulongoti alala mubunga? Ninshi mumutwe so? Or is it that the pillows are now worn out such its only the cotton wool remaining? Where do you listen and talk to two phones at the same time mwe Bantu? Ubututu Yama imwe. Former kalaliki wamu ZCBC.

  13. Jerabo Reply

    September 27, 2012 at 8:26 pm

    Tekwesha ukwikala mupepi na Mulongoti. Kuti wafenta. Pantu ichimona chilya chilakula umwela onse. This man should be paying double carbon tax tax. For his corolla and his nose.

  14. Chiwanangala Reply

    September 27, 2012 at 9:03 pm

    mulongoti just shut the ******* up, if PF had given you a job, your big smelling mouth would have been quiet by now. you’re just flustrated you think Cobra can give you a job after what you did to him when you were in the mmd

  15. taliban Reply

    September 27, 2012 at 9:34 pm

    depsite the hate people against you..you are quite intelligent baba..inform bena ukwa they will fall harder!!

  16. Brainee Reply

    September 27, 2012 at 10:14 pm

    This is acceptable in SATANYOCRACY!

  17. Comfort Reply

    September 27, 2012 at 10:38 pm

    Mr.Mulongoti you hav once again dished out wisdom..but to da PF fool it can never make sense.step out of ur foolishness ba PF and listen to reason,admit wen u wrong-we wnt mock you.

  18. Abakonzi Reply

    September 27, 2012 at 10:50 pm

    Mulongoti I warned u yesterday to get lost from political and economic matters but I see u didn’t so this is your reward for not listening:Wabebolo limo waumfwa,nowakupele ka degree ka mubukote nankwe abebolo limo.Given a chance I wouldn’t going to jail for shootin dead a pig like u.Am not PF but mwachilamo koswe imwe ukulandalanda pali Sata,bushe walyaluke imbwa nomba ai pantu u were born a human but ama manners u are showing yambwa fye iyituntulu.

  19. kakolwe Reply

    September 28, 2012 at 5:42 am

    I believe Mr. Mulongoti speaks as a lawyer defending a murderer does when wishing to convince an emotional Jury; circumvent the gory facts and touch only on flimsy anecdots then conclude with a sweeping statement. Unfortunately for him, the facts of the other lawyer are too vivid to ignore:
    RDA has not been dissolved, It continues to function as before. Ministerial committees for tendering and the rest still function. The general suppervission goes to OOP with its nationwide established officers. The connerstone of the matter is that any corrupt elements answer to the Presidency and NOT President. Should Sata faulter in this, he buys a quick exit from public appreciation. Unless Mulongoti has a lot to lose in this, shuting up would be noble to him.
    I rest your honour.

  20. likaki nyau nyau Reply

    September 28, 2012 at 5:57 am

    OH OH NOW HH WILL WRITE A PROTEST LETTER TO UN. EU AND SSDC. AND COMESA ON THE OVERSEEING OF RDA BY OFFICE OF THE PRESIDENT.

    HE WILL ALSO REFER TO HIS EARLIER LETTER TO THEM WHICH HAS NOT BEEN REPLIED TO UP TO NOW.

    IF HE HAS TIME HE MIGHT INCLUDE THE ISSUE OF BEING BLOCKED FROM VISITING PRISONERS IN KAOMA

  21. Person Munthu Reply

    September 28, 2012 at 8:15 am

    This man, is he a switch board operator? Pliz update me.

  22. Judge Reply

    September 28, 2012 at 9:30 am

    Mr Mulongoti is not a practicing lawyer,he has never passed through ZIALE….He just have a law degree….but his point is okey,road contructs are full of coruption,i fear that the president can be implecated one day,so its better to leave it the way it was and just put strong measures that will prevent coruption and enhence effecience and effectiveness in the road sectors

  23. isaac Reply

    September 28, 2012 at 10:56 am

    The president has certain powers invested in him to change anything at anytime as long as he knows the dangers that particular thing can bring. The president can declare war at anytime as long as in his understanding danger is eminent and cabinet meeting can convine later. Corruption might be in every department as one has pointed it, but him is looking at what degree a particular department is affected.

  24. Prof; Zick Reply

    September 28, 2012 at 10:59 am

    I am PF member,Mulongoti is a real politician,he know when to criticize the Govt/President,Mr. Mulongoti can u teach such ideas to Nevers and HH?also Kaingu and many other useless politicians.What people forget is that not every MP in the house is smart,been whoever,whatever u are called does not make u smart.The house has many MP who are not smart.We can see them now.There is nothing Zambians will listing especially when it is coming from MMD,the reason is simple,they are failures,that is why the lost,to stand and criticize the new govt does not score them goals because they failed and will never win,be like Mulongoti,he supports good and criticize bad and a very good time and in a very good way.The man can be a good president

  25. Angel Angel Reply

    September 28, 2012 at 11:34 am

    Mulongoti wabe ibunke

  26. Jeff Reply

    September 28, 2012 at 11:39 am

    There is nothing illegal Mr. Mulongoti for the president to transfer a department from one ministry to the other. Your thinking and the way the president wants to see things moving are so different, please let him work. You had your time as minister of works and supply, we didn’t see much from you mike. What I can only see in you is bitterness for not given a position in government.

  27. one chiko Reply

    September 28, 2012 at 2:16 pm

    I am sure what the president want is to supervisor the work and ensure the contractor selected perform.

  28. Uwakwamununga Reply

    September 28, 2012 at 2:33 pm

    just and see guys. what corruptio?

  29. Greg Kadimba Reply

    September 28, 2012 at 2:47 pm

    You are a fool mulongoti,kabwamba kwati mutiti

  30. Narrant Reply

    September 28, 2012 at 2:59 pm

    Does anyone know when failed- politician Mulongoti will be enrolling at the Advanced Legal Education Institute in order for him to be called to the Bar? Or maybe he fears UKUYALUUNTUKA?

  31. Musole Sachipango Reply

    September 28, 2012 at 5:22 pm

    Mulongoti you vehemently supported RB but later condemned him. You also supported MCS but now condemn him. You, like your colleague Kavindele, lack forsight and conceptual skills. With your presidential ambitions in your brain,kindly sit down to reflect on your past mistakes and publickly apologise so that you enter another era and level of maturity. Otherwise learn something from the consistencies of KK, FTJ, Mwanawasa, RB and MCS before they became presidents. They either pursued their ambitions through ideologies that attracted popular support (KK, FTJ and MCS) or they remained queit and principled (not supported anyone) until awakened from their sleep to rule (Mwanawasa and RB).

  32. bimads Reply

    September 28, 2012 at 8:54 pm

    good observation

  33. MARTIN Reply

    September 30, 2012 at 11:44 am

    The problem we have is, we are always changing the container instead of the contents that is inside,i mean the same people that we had in UNIP are the ones again that are always in all the regimes even in pf,i think it’s the time we try youth leadership lets support ELIAS CHIPIMO JNR and see how this world is going to change into something great.

  34. petersen Reply

    October 8, 2012 at 9:17 am

    As works and supply minister Mr Muloti did not follow procedure when he kicked out a perfoming contractor on site and replaced him with with another one without tenders

  35. da truth Reply

    October 8, 2012 at 7:37 pm

    THESE ARE THE KIND OF MEN WE NEED IN GOV. honest men!!! ..BECAUSE ERADICATION OF CORRUPTION MEANS THAT FUNDS CAN NOW BE CHANELLED into the right places..in the correct quantity and proportion…then and only then can we see development. The late L.P.M. did jus that and we saw a huge improvement in our economy during his rule..WE NEED HONEST LEADRERS LIKE YOU Baba!! WE APPRECIATE YOU!! …My the Good Lord continue to give you guidance , protection and wisdom as you continue to bring Such issues to light!!!

  36. da truth Reply

    October 8, 2012 at 7:46 pm

    musele sachipango ..u are very blind!! how is it ur business wat his motives are??? that is not the issue here…the bigger picture is that we need people who can expose wrong doings, no matter thier motive…If noone says anything …these type of acts will eventually be performed at ease.For example President Obama, befor making a decision needs to make sure he can defend it before ol the critics and opposition and because of that…he cannot even begin to think of making a highly questionable or corrupt move…WE MUST HAVE A TRANSPARENT RULE…A JUST AND FAIR ONE…WE NEED EQUALITY!! WE NEED TRUTH…continue to expose them Baba!!!

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