By Patson Chilemba
Health minister Elijah Muchima has asked dismissed Zambia Medicines and Medical Supplies (ZAMMSA) director general Victor Nyasulu to appeal his dismissal to him.
And well-placed sources in the Ministry of Health have told Daily Revelation that the investigative wings interviewed the Ministry’s two permanent secretaries, Dr Kennedy Lishimpi and Dr George Sinyangwe, over the ongoing probe involving 61 trucks of medical supplies which were marooned at a private truck yard for seven months.
In the letter dated August 16, 2024 and seen by Daily Revelation, Muchima told Nyasulu to appeal to him over his dismissal from ZAMMSA which was effected by disciplinary committee member and current permanent secretary at Ministry of Finance for budget, Mwaka Mukubesa.
But Muchima told Nyasulu that he had in his possession the disciplinary code and grievances procedure for ZAMMSA, terms and conditions of the Agency, the Appeal letter to the board chairperson, letter to the human resource and administration committee chairperson, minutes of the appeal and other relevant documentation.
Muchima noted that from the appeals hearing of July 31, 2024, an analysis of the minutes showed that the membership of the board present did indeed make statements and raise concern in relation to the appeal by Nyasulu.
“However, of note is that the minutes of the appeal hearing have not shown that there was a decision made towards the summary dismissal of yourself,” Muchima stated. “In the last two paragraphs of the said letter the following statement (quoted in verbatim) – ‘The Board noted that there was need for an Internal Audit to prepare a reconciliation of all the figures received from Maersk the shipping company, Prime Time the Freight and Forwarding company and J&J to get the concrete figure’.”
Muchima stated that the board in the letter being referred to stated that the decision would be made after the amounts involved were determined, thus no decision had been made in relation to the summary dismissal of Nyasulu.
“The very essence of an appeal is that there must be a decision made by the relevant authority of the Agency, in this case the Board. Simply put, the term ‘jurisdiction which is appellate in nature’ refers to the ability of my office to review and make decisions on cases determined by the board,” the latter stated in part.
Muchima stated that this included the power to reverse or modify the board’s decision.
“It follows that, before the appeal can be heard there must be proof that a decision was made by the Board in relation to the summary decision,” Muchima stated. “In this case, there is no decision made by the Board, no appeal can lie to my office until such decision is made.”
He stated that owing to the same, his office was estopped from delving into the merits or the demerits of the appeal until such a time the board determines on the subject matter.
Muchima argued that his office was mandated to ensure that there was finality to the aspects surrounding the disciplinary process in matters that involved decisions by the board, and that for all parties it was essential that there was finality of decisions and the same communicated to the aggrieved party.
“That being said, my office has directed the Board of the Agency to render a decision on your appeal by 16th August 2024 (close of business),” stated Muchima. “After you are in receipt of that decision, you may appeal to my office if you desire to appeal the decision of the Board, this would be for the purpose of exhaustion of the appeal procedure.”
And sources at MoF and in the investigative wings have told Daily Revelation that the two permanent secretaries were interviewed in connection with the ongoing investigations, including demanding for the necessary documentation connected with the matter.
But contacted for comment, one of the permanent secretaries Dr Sinyangwe described the same as lies.
“That’s not correct. Yes!” said Dr Sinyangwe. “That’s a lie. I was not interviewed. That’s completely a lie. Who was telling you that lie? It’s not corroborated. My names are Dr Sinyangwe, I am permanent secretary for Donor coordination. Nobody has spoken to me. So whoever is corroborating that they are telling you lies.”
Efforts to talk to the other permanent secretary Lishimpi failed as his line rang unanswered.
