Former Vice President,
George Kunda, last year allegedly authorised the collection of taxes, as a
national revenue mobilisation measure, without cabinet or parliamentary
approval.
This was through statutory
instrument number 101, which was conspicuously signed on 28th August
2011, after both cabinet and parliament had been dissolved, by then President
Rupiah Banda.
The respective piece of
legislation was in replacement of statutory instrument number 54, which was earlier
signed by then Finance Minister, Situmbeko Musokotwane, in connection with the
Bradwell International contract with Zambia Revenue Authority.
This was in a contract, in
which the UK-based company was engaged to operate and maintain the NUCTECH
scanners procured for Zambia’s border posts.
According to the report of
the commission of inquiry on ZRA’s operations and contracts, the act was both
illegal and illegitimate, therefore its recommendation that Mr Kunda and others
involved in the deal being probed.
The respective deal has
also implicated the immediate past two ZRA commissioner-Generals, a former
permanent secretary in the Ministry of Finance and National Planning, as well
as some five officers in the Intelligence system.
According to the findings
of the commission of inquiry, Bradwell International was awarded the said ZRA
contract last year, with influence from the Ministry of Finance and some named
five Zambia State and Intelligence System officers.
However, payments for the
Bradwell contract were to be mobilised through the statutory instrument signed
by Mr Kunda, which facilitated a K 360,000 levy for every truck passing the
border post, with or without a scanner.
Conspicuously the levy was
to be shared between the ZRA and Bradwell International on a 15 per cent and 85
per cent ratio, despite the earlier NUCTECH scanner supply deal having had an 8
million dollars component of operate and maintain, all within the total 25
million dollars contract.
And arising from this, the
commission of inquiry discovered that a total of 12.3 billion kwacha had since
accumulated in the Nigerian owned Access Bank, within a month of operation of
Bradwell and effecting of the respective number 101 statutory instrument.
As a result of SI No. 101
the importers and exporters were made to pay K12.3
Billion Kwacha in 24 days
out of which Bradwell International was to receive K10.4 billion while the Zambian Government through ZRA was to receive a paltry
K1.9
billion as per sharing
ratio.
Zambia Public Procurement
Authority Director-General, Samuel Chibuye has also been implicated in the
deal, through his act of granting a direct bidding on 14th and 15th
February, 2011.
The commission of
inquiry has since concluded and observed that statutory instrument number 101,
signed by Mr Kunda was hidden in its formulation, as it did not give an
inclination that the fees raised would be channelled to Bradwell International,
a private company, for the operations and maintenance of scanners.