The Post Newspapers Limited has obtained a stay halting the Zambia Revenue Authority (ZRA) from seizing its property.High Court Judge-in-Charge Isaac Chali granted the newspaper leave to commence judicial review against ZRA’s decision to disallow it to pay the tax liabilities in six installments and the stay would stop the commission’s decision to seize the newspaper’s property.
Police and Zambia Revenue Authority (ZRA) officers this morning conducted a raid on the office headquarters of the Post Newspaper in Rhodespark, Bwinjimfumu road in Lusaka.The newspaper’s operations were halted.
The team of ZRA officers arrived at the Post Newspapers offices around 10:00 hours and by about 13:00 hours the officers were still inside the company premises.
Earlier this month it emerged that the Post Newspapers Limited owed the Government more than K8 billion (unrebased)in taxes.The Newspaper apparently stopped meeting its tax obligations soon after the PF formed government in 2011.
Mr Justice Chali granted the Post Newspaper permission to commence judicial review against ZRA’s decision to refuse its offer to pay tax liabilities of K26,856.230.91 inclusive of penalties.
Mr Justice Chali said when he granted the request ex-parte that the same would operate as a stay against ZRA’s purported decision to seize goods from The Post as the company was operating in apprehension of the goods by which it generates income being seized.
According to the notice of application for leave to apply for judicial review filed by Post Newspaper Limited’s lawyers from Messers Nchito and Nchito, the newspaper is challenging the decision of ZRA Commissioner General Berlin Msiska to refuse its proposal to pay tax liabilities in installments.
It’s getting hot up there
Love it when the Hunter becomes the hunted. I urge ZRA to disregard this stay and proceed with seizing all Post properties including Fred MuMmembe’s house in Rhodespark.
Equally urge DBZ to also seize his properties for the Loan he owes them.
That’s a bad picture of Mmembe. He looks embalmed!
Those dirty nostrils will much clearer by the time you finish paying that amount with penalties,,, you holier than thou mmembe,,,, you should have known better that snake charmers are always murdered by the snakes they charm
My disgarced ndombo, the man with dirty nostril is more successful than u can ever become even if u you died and resurrected 100 times.
I don’t envy Mmembe’s success because out of all the hard work he put in to acquire his wealth, its gona disappear in a flash because he abandoned the very principles which made him famous and economically comfortable by charming the snake.
@ndobo is absolutely spot on when he says snake charmers are the ones who mostly get murdered by snakes- their snakes for that matter.
Mmembe groomed the snake to an extent of making it more vicious to its non supporters. Now it is his turn to test his medicine and eat his humble pie.
Waona manje Mmembe. Who is now living in f00l’s paradise?
This judge Chali is one of the most corrupt judges planted by Mmembe’s cartel to rule in the cartel ‘s favour in case of any litigation it might face.
Therefore judge Chali must also be sacked because he is tarnishing the image of our judicial system. He is simply a bad nut amongst good ones.
In fact the whole judiciary needs a total over hole in order to inspire confidence to Zambians.
Its total over haul not hole.
Its must be clear here that the mmembe’s personal wealth is different from that of post newspaper.
while its understandable that ZRA is acting within the law and its must also consider the proposal to pay the money owed including penalties in installments to save jobs.
The post newspaper employs more than 200 people and while we want the owners to act responsibly and pay whats due to govt in taxes, we dont want it to go under and throw all those employees onto the street.
ZRA must go further by investigating other businesses especially those owned by politicians or those with higher political connections.
there is no political witch hunt here but Mmembe and the post broke the law and must face the temerities
I don’t care if the Post employs 200 people,most of whom are are PF praise singers I would rather care about the security companies which employ thousands whose bosses were bundled in the middle of the night without due process if they had flouted immigration rules.
Mmembe is suffering as a result of PF implementing justice selectively. Even some of you PF praise singer be careful with your business dealings because Sata would turn against all of you just to win popularity after having encouraged you to engage in corrupt practices.
There is more to come . All those who will oppose Dr Kaseba or Mulenga Sata ‘s PF presidential candidature will be dealt with just like Mmembe because Sata knows all their dirty dealings.
Sata is not known King Cobra for nothing. He lives upto his…
This seems to be the tip of the iceberg! How many more PF friendly companies are avoiding paying tax? There appears to be a lot of rotten eggs in this PF. We also need an honest answer about the business dealings of Chikwanda and GBM.
@Ndobo and Lubinda are the only Lozi I respect, they don’t care even if they come from same place with MuMembe in Litunga.
Ndobo always advise Mmembe to sneeze and wipe-out his dirty mind.
…..So how many business entities and individuals is the government shielding from paying tax and thereby breaking the law, if one may ask??
So it is no tax as long as you are closer to the party in government? What is this. I suppose this has been happening since we indigenous Zambians took over from the British. How pathetic.
Do parastatals pay tax by the way? Can we have published financial statements for Zamtel, Zambia Railways, Kafue Textiles, NCZ, Zampost, Findeco, Zimco and Indeco houses, Society house etc. Let us see how tax payer’s money is being used.
Sata has been sleeping on the wheel;no doubt about that. Why did he let Mmembe get away with not paying tax for so long?
When is ZRA going to pursue those companies owned by Sata, his relatives and close friends for non payment of tax?
Even some of the companies constructing roads and universities, are all behind in tax payment. When will Sata allow ZRA to agitate them to pay up now that donor funding is about to dry up due PF’s financial recklessness?
PF minions have lived in f00ls’ paradise for a long time now.
Guess they don’t call him King Cobra for nothing! He strikes where and when you least expect him. After PF came into power I remember them confiscating maize from the farm of the late George Kunda, I remember them accusing RB of stealing gold,I remember bicycles being confiscated,MMD vehicles being impounded…….Bet Fred didn’t see this coming.Nchito must be pouring over his books.The Cobra is very unpredictable
Love it when the Hunter becomes the hunted. I urge ZRA to disregard this stay and proceed with seizing all Post properties including Fred MuMmembe’s house.
So in Zambia a DPP can still run a law firm while holding on to his government post? Where does conflict of interest come in?
Now that the cartel is out of favour, am sure this anomaly will be taken care of. Watch out Nchito, abuse of office charges are coming your way!
@The Chosen one
No, one cannot hold such public office as DPP or even be a Judge and run a Law firm. People will usually be bought out by Snr Partners in the Law firm. In this case the name Nchito and Nchito is retained by the Snr Partners including the young brother and it doesnt mean that the DPP is still running it. But this is PF and anything is possible
@Chosen, that question hahahaha alabwafya.
Just like HH was able to sell to himself the Ramcoz house in kabulonga when he was liquidating the company, he was supposed to declare interest.
DONT CONFUSE THINGS. THE LAW FIRM IS CALLED MNB AND IS RUN BY MR NCHIMA NCHITO (MUTEMBO’S ELDER BROTHER), MR BANDA, SASHI NCHITO, KAPUNGWE NCHITO. AND A HOST OF OTHER LAWYERS. I DONT KNOW HOW ACTIVE MUTEMBO NCHITO IS IN MND NOW THAT HE IS BUSY WITH DPP DUTIES.
ThePost avoided tax deliberately, am sure” Kadimba” Summer has a hand in this. How come ZRA didn’t do this 2 yrs ago? How many company s are avoiding tax in this manner? By the way how far is the tax issues with the mine? PF came to destroy Zambia, no doubt about it
That is how Fred looks nowadays…so rich people really don’t smile, sad. All you rich people with your flashy cars especially in Lusaka you look so miserable..me my ka 504 still starts with one kick despite being classed a skorokoro and I make it a point to drive with a smile on my face, happiness is a state of mind.
The battle’s just began, it will get messy. Let the law take its course and surely give to the government coffers what belongs to Caesar. This should serve as a warning lesson to other business entities fond of not paying tax. Only under the PF can you have perceived “untouchables” facing the law fairly. Good work.
What a spin you put on events! Never mind that pf government looked the other way when Membe was not paying tax for 3 years!
Kudos……
No. Mmembe is being punished by the PF because he has fallen out of favour. How many other firms/companies and individuals are not paying tax just because they are in good books with the ruling party. You do not tell me that ZRA has just suddenly realised that the Post Newspaper has not being paying tax. We are not infants.
Questions:-
1. Why did the Post stop paying taxes soon after PF came into power?
2. Why has it taken ZRA 3 years to find out that they were not paying taxes? Is the organization that inefficient?
3. How many companies out there are not paying taxes because they are “dancing” to the same tune as PF?
4. If HH’s companies had missed a month’s payment in taxes what would have happened to them or him?
5. Has ZRA checked Ilunda Chalo, Zulu Burrow and other companies with PF connections or are they going to wait until they leave office?
This just shows how badly Sata and his PF dirty they are!Corruption at the expense of us poor Zambian,only God knows how many he had shileded from paying tax.
Failing to pay Tax is a Criminal Offense. Full stop!!
This Mumembe has been too vocal criticizing government officials and calling them thieves.
Now, Mumembe has deliberately neglected to pay Government Tax for a very long time and the Judge, who is paid his salary and other allowances grants him a Stay of Execution.
How many criminal activities is this Mumembe involved in, least the mention of K14 billion still pending in the same courts? Be ware, change has come.
How did ZRA not follow up immediately the Post failed to remit VAT and PAYE? I understand that the employers collect PAYE and VAT from employees and customers on behalf of the govt and remits the money collected to ZRA periodically, one or two months as the case may be. The Post failed to do this for three years and ZRA couldn’t follow up! Now where is the money? If they failed to remit it on time for some reason or other then it should be sitting in a bank account and just simply needs to be transferred to ZRA. If the Post has been spending tax money on their business operations, they are guilty of stealing and should be prosecuted.
Totally agree. I find it quiet shocking, honestly, that anyone would fail to remit money that was collected on behalf of the people (PAYE and VAT?).
Could this mean that the Post has been making losses or the money was misdirected to M’membe’s other businesses or private accounts. If he, in fact, is co-mingling funds then that is tantamount to money laundering and a felony.
Msiska is right, as this money was collected on behalf of the Govt the Post should pay right away.
But why now that ZRA has come on board.Where have you been these days and how many PF members have companies which are not paying tax because they are in government?
Is this government of men or government of rules?
Cry my beloved Zambia.In PF everything is possible
Zambia is turning into a failed state…surely how can a firm go on this long without paying tax, we never learnt anything from the Zambian airline K14b scandal. We need urgent reforms for these govt institutions to be independent.
Jay Jay, this will continue to happen for the NEXT HUNDREDS YEARS, whoever comes to Power, unless we have a Proper Constitution, & Not this Current Archaic Schizophrenic Constitution, which ALL GREAT DICTATORS LOVE.
Boma Ni Boma, its good to be humble. Please ZRA make sure The Post is Nationalised and please Development Bank of Zambia claim your pay back that’s iam broke today I pay my PAYE and other taxes on small and big commodities while Membe is just writing editoriols,enyoying all the money in full.
Or even ‘trial’ ….!
The Judicial Review, must ultimately fail. Simply, because an establishment such as The Post writes opinions on the right and wrongs of Gov’t . This implies that the Post holds high moral grounds from which they can judge others. From that, one must assume that they knew and understood the full legal and moral ramifications of not paying tax.
I cannot see why any Judge in a developing country would grant the right to pay the tax owed in instalments. The monies have been owed (that is if there were no legally binding arrangements with ZRA since 2011 To 2014; that state they were exempted over that period). The idea that President Sata can exempt the Post is risible and Mmembe is intelligent enough not to have entered into such a precarious arrangement if thats what he suggests.
The only advantage the Post has is the extension of time, and let’s hope enough time to liquidate some assets to raise the full funds as demanded.
The futile arrogance of ‘lancing’ your gov’t and thinking they will not use various instruments to bring you to book must be dawning poor Fred.
Quote:Georg Hegel
“no man can surpass his own time, for the spirit of his time is also his own spirit.”[2]
Fred’s no longer in favour, his time has passed, he ought to have realised it sooner.
Some would say, the Post should have paid all that tax into a high interest account. But evidently they had not and would now like the poor whom they deprived to allow them more time to withhold their money, which is needed for all of PF’s development projects.
As zeitgeist; we learned of the mood and spirit of the time PF rose to power from Mmembe’s Post. But the time and spirit has passed.
PF look like they are building up to 2016, and are therefore ‘spring cleaning.’
On the other hand we could be in for some very juicy revelations during the trail!
@Patriot Abroad
The judicial review is unlikely to fail. A Judicial review simply asks the court to review how the Authorities have executed their powers. In this case, if ZRA did indeed attempt or threaten to seize property, is that within their powers and is everything they have done to this day, in line with what their procedures suggest? Did they serve a notice? when and what actions have they undertaken before this? PF does not understand “Procedure” and never mind how to follow it. So legally M’membe is bound to scoop this round unless of course Sata nudges Chali or does it the PF way. What is guaranteed is that M’membe is finished…
@it’s worry
IT MUST FAIL.
1). ZRA did indeed attempt or threaten to seize property, is that within their powers and is everything they have done to this day, in line with what their procedures suggest? ANSWER YES. It is within every Tax authorities right to seize property in payment of failure to pay tax. The world over. Currently, in the USA, a famous acting couple in Desperate Housewives of New Jersey, found guilty of owing back taxes, have to sell all their properties to raise those taxes and will both be receiving custodial sentences.
2). Did they serve a notice? when and what actions have they undertaken before this? YES, the article informs you very clearly that ZRA did indeed have the right to seize SINCE The Post ARE, ‘appealing’ to contest that Right in a Judicial…
@Its a worry continuing…..
2). YES, the article informs you very clearly that ZRA did indeed have the right to seize SINCE The Post ARE, ‘appealing’ to contest that Right in a Judicial Review.
You need some clarity. PF have no say in this matter. PF is a political party. ZRA is the tax authority of Zambia given the power to collect tax. THIS IS A CASE BETWEEN THE STATE TAX COLLECTOR, and a citizen body. It’s irrelevant whether PF understand court procedures!! They are NOT a party IN this case. Nothing to do with PF.
Case will fail, because The Post is Guilty of failing to pay taxes for a long time. It would be irresponsible of the Judiciary to go against the State Body that collects taxes. Ii can’t. The only interesting matter in this case is WHY, and HOW Post…
The only interesting matter in this case is WHY, and HOW The Post managed not to pay tax in that period of time.
As the appeal mentioned does not suggest the Post are arguing that there was an arrangement with PF THAT IS LEGALLY BINDING ENOUGH TO PREVENT A STATE body to collect tax.
This is good, and we encourage the state tax body to go for others too, even PF politicians(in a pigs eye)!
@Patriotic Around
There is a lot of conjecture in your analysis. Yes ZRA have the powers to seize property to recover the taxes owed but they too are bound to follow due process. You can’t just turn up and threaten to seize property if you have not sent demand letters to the affected company. Demand letters must be followed but a legally valid notice (usually 28 days) detailing what would happen if bill is not paid in full. This should be followed by Court action or perhaps enforcement action depending on the legal powers of the ZRA to by pass the courts. It is only then that they can threaten to seize property. Now the details in both articles have not suggested what ZRA have done before this threat. If they have skipped anything, then the chances are that the review will prevail
@It’s a worry
No conjecture on my part.
ZRA have done all things correctly.
In this case it is clear, that Mmembes application must fail. ZRA have followed all procedures. in all the articles there has been no mention of irregularities on the part of ZRA, only that Mmembe and his Post think they should pay in instalments. ZRA has refused and are within their rights to do so. There is nothing procedurally incorrect about that decision.
@Its a worry
Read this from last paragraph in the article:
‘The newspaper is challenging the decision of ZRA Commissioner General Berlin Msiska to refuse its proposal to pay tax liabilities in installments.’
NOT PROCEDURES OF NOTICE. PERIOD.
@its a worry
Read what @Kel kindly sourced from he VAT/ZRA Rules:
“Recovery and Procedings”
79. (1) Tax is a debt due to the Government and may be recovered by
the Commissioner-General either by distress or by suit in any court of
competent jurisdiction.
(2) Notwithstanding the other provisions of this Act, where tax is found
to be owing to the Republic under this Act the Commissioner-General
may, by notice in writing issued to any individual or person, fix a date
for the payment of such tax:
Provided that where payment of the tax referred to in this section is to be
made by instalments, the Commissioner-General may set different dates
for the payment of such tax.
(As amended by Act No. 17 of 1971 and No. 1 of 2004)
it was part of the agreement with sata in return for reporting ppositively in his paper.
I agree with ndobo. Mmembe looks like a demon.
This has nothing to do with Cobra. Even cobra is surprised, this is to do with MMembe’s relative who happens to be minister of finance. Simunaigwile na manje, Konah tulo vima zambians
He should have left Chikwanda alone!
Don’t debate blindly- Read the Income Tax Act Chapter 323
“Recovery and Procedings”
79. (1) Tax is a debt due to the Government and may be recovered by
the Commissioner-General either by distress or by suit in any court of
competent jurisdiction.
(2) Notwithstanding the other provisions of this Act, where tax is found
to be owing to the Republic under this Act the Commissioner-General
may, by notice in writing issued to any individual or person, fix a date
for the payment of such tax:
Provided that where payment of the tax referred to in this section is to be
made by instalments, the Commissioner-General may set different dates
for the payment of such tax.
(As amended by Act No. 17 of 1971 and No. 1 of 2004)
Thanks for this. In the case of The Post there is NO arrangement for instalments as ZRA has refused it be paid in that way. The tax is required in full considering the amount and how late it is (2011-2014), it fair.
Dont mess with Sata-If you fall out with him,his watchdog ZRA will bite you!
A lesson for all in Afrika. Tow the party in power line, otherwise you will be visited. Chapwa…………….
VIVA HH 2016
But again ,Nothing tangible happens in Zambia…this case will eventually die like so many before it- Chilubas 440 million dollars,Zamtrop account , Zambia airways, DBZ Fiasco with MMembe and culprits will be free laughing at the zambian Judiciary and flashing their kudos!!!!!!!!
I love african Politics … do what you want there is no law and order .LOL
Very good observation @kab kaboko. You know Zambia is one of those countries where the collection of tax is not taken seriously because they use loans, grants and bonds to build their infrastructure. The tax they collect is small change to use when they demand salary increments for sleeping in parliament. It is a strange world.
More like “The Ghost” newspapers with a Lucipher as editor in grief.
the Post will triumph over the stone-age PF gov’t. now the opposition will will give the mafia gov’t a rum for their money. Viva democracy!
This is what happens in a country where some people and their organisations are allowed to flout laws with impunity just because of their connections to the powers that be. The problem here is not The Post or its chief editor Mr Fred M’membe. The problem is ZRA and the govt for allowing The Post not to meet their moral and statutory obligation of paying taxes. It had to take The Post and M’membe and Kabimba falling out of favour of the govt and Komaki publicly exposing this crime for ZRA to then do their job. How was this rot allowed to go on for this long? Someone at ZRA needs to resign or be fired for failing to do their job.
This country will never move an inch in development if all we have is creating demi-gods and untouchables who are allowed to break the law at will. If everyone obeyed the law and we did things right regardless of position in society, we wouldn’t be in this position of constant revenge persecution when one is no longer under the good books with the authorities.
But this will be interesting because the PF govt allowed itself to be infiltrated by The Post sympathisers. The DPP is The Post staunch (and remember he can discontinue any case at a whim of his discretion); Chief Justice herself is The Post staunch, including most judges (Wood?); The Speaker; etc. Unless they gather courage and turn against M’membe, nothing will happen.
As for Fred himself, well he is reaping what he sow… he sold his goodwill that the Zambians had for him and no one will sympathise with him anymore. But regardless we should all stand up and stop the PF from persecuting him. The lesson here for all of us is to condemn any wrong whenever we see it regardless of the victim.
All Mr M’membe needs to do to win back the trust of the Zambian people is pay all that he owe (incoluding this tax thing and the DBZ debt); apologise to the Zambian people for betraying them in an editorial and then start putting pressure on this govt like he used to on MMD under FTJ and RB.
really feel so hurt and backward with PF’s rule and crooked dealings.This stinking government should evapourate and condense in prison immediately when any chance is offered! I really see HH to have been in problems but because the man is genuine they failed up to now to find any fault! VIVA HH come 2016- Abashi- PF and The Post!
Thank you Mr Winter Kabimba for being so reckless as to fall out of favour and open a window and curtains to enable Zambians see how govt has been shielding the Post Newspaper from paying taxes. You did well to lose the favour of PF. We would never have known and would have continued to be robbed. Which other businesses are closer to the ruling party and enjoying the “tax holiday” the Post has enjoyed. When did the Post stop paying tax?
ZRA reports to Min of Finance. And Chikwanda is Min of fin boss. Mmembe has beaf with Chikwanda. Get the drift
Far from it. world over Individuals and Institutions are obliged to pay Tax, nowhere does it exempt the Post. They should pay before the end of September or we will liquidate and sell all there small properties.
Chikwanda Versus Nchito. If this is not corruption and abuse of office then what is? THE PF INFIGHTING CONTINUES AND TAKES A DANGEROUS TWIST. WHO SUFFERS? THE GRASS.
Someone has just pressed THE FIRST PF DISTRACTIONS BUTTON (who done it? WK). I knew WK would not just go without a fight, I just knew it! RB will now just be watching (and will probably be vindicated). This will get even more nasty. Forget the TICKS, the vultures will start to scamper wondering what they should do. The timing: SATA out of the country. Come back boss and sort out the mess before it’s out of control.
Isn’t Mutembo Nchito, who happens to be the DPP behind Messers Nchito and Nchito? Ok lawyers educate me, how does it work, when appointed DPP can you still have interests in a firm that will depend those that you will prosecute? If I were the Finance Minister I would have advised ZRA to just follow the proposed payment schedule of six months because after that there would a possibility of mending bridges. But now the Minister has declared war, the Post will pay and after six months they will have nothing to fear and booms will rain.
This reminds me of 1986 when Mwanawasa was Solicitor General & his firm Mwanawasa & Co. was defending Issa Galedou in a court case. It forced LP to resign.Why isn’t Nchito doing the same? Just thinking……………..
We now know why Mmembe has been singing hymns in his Post editorials. He knew it was pay back time after his fellow Crook Mwanachambwa was shown the door.
Badala iwe’ or You will end up a “Sex Toy” in Chimbokaila.
Most of you bloggers are just dull. If you do research, you will discover that 90% of Zambian companies, some of which you work for have tax obligations either to ZRA, NAPSA, Worker’s Compensation and the like. If all these institutions refuse payment plans and grab your company assets, you will be unemployed and civil servants cannot run this country on their own.
The ZRA boss is a political appointee and is just being used. He should go and collect taxes from the mines which they have been failing to do…
There goes a man who has made his reputation as a man who avoids taxes.
I can not help but raise a dissenting voice to statements that Mmembe and Mutembo Nchilto are living in a fool’s paradise, and that prosperity in their capacity is self delusion which will necessarily diminish and recede in the near future and this is the beginning. The precarious position Nchito finds himself is kicking himself against sharp pricks inflicting slow prolonged pain.
ZRA is GRZ, Mutembo must defend GRZ and in turn of events, GRZ through ZRA has raised a knife on Nchito’s throat.
This is a clear case of abuse of authority. Unfortunately yet again this case will be flown out- wastage of tax payer’s money. Iam proud of the milestones the Judicial system has made in the past few years. The fact that the court has allowed Judicial Review process to commence indicates the court finds the actions of Govt questionable otherwise it would’t have been granted! The error on Govt’s part is that they allowed 3 years to lapse and only take action when the relationship btwn the 2 went south. So technocrats fail to advice adequately? There’s no way the court can grant seizure of the co.’s means of earning income. What will be held is a mutually beneficial payment plan! Flexing muscles where it’s not necessary. How many PF Sympathizers are going without paying tax in Zambia?
Infact, Hon. Chikwanda should send DBZ to collect the debt the POST owes the bank.This moron needs such action, probably he can learn a lesson.