Thursday, February 22, 2007

Release Sokoni's letter

Release Sokoni's letter
By Editor
Thursday February 22, 2007 [02:00]

When we called Levy Mwanawasa’s followers minions over the Kashiwa Bulaya nolle prosequi, we were misunderstood. Some people thought we were unnecessarily abusive. They didn’t bother even to find out from a simple dictionary the meaning of the word ‘minion’. To them, it sounded like a big insult. But this ‘big insult’ was not an insult at all. It simply meant blind followers. But why did we call them blind followers?

They knew the truth about the Bulaya case and yet they decided to suppress it, to protect their employment and gain cheap favours from their boss. They were telling Levy what he wanted to hear, not what he needed to hear. And these included very senior government officials who are well paid by the taxpayer to help Levy discharge his duties in an efficient, effective, orderly and honest manner. Among these characters was George Kunda, working as Attorney General and justice minister, Sunday Nkonde - Solicitor General, Chalwe Mchenga, the Director of Public Prosecutions for the Republic, and one Darlington Mwape, Levy’s adviser on legal matters.

They all ganged up to justify and defend a fraud, a deception, a lie, a gross abuse. They ganged up to try and procure a nolle prosequi for Bulaya. They ganged up to shove into our throats Bulaya’s nolle prosequi. They were prepared to tell lies and deceive the public for reasons that have nothing to do with national interest.

They allowed their boss to mount public platforms and declare that there was no evidence upon which Bulaya could be convicted. Levy as a senior lawyer himself declared that there was no evidence on which Bulaya could be tried and convicted. This in itself would have been very bad if that was all they did. They went so far as to vilify and attack innocent people. They turned against their own prosecutor Mutembo Nchito, accusing him of violating the Constitution by refusing to effect a nolle prosequi in favour of Bulaya.

However, the Law Association of Zambia (LAZ) investigated their allegations against Mutembo and found that there was no truth in them; they were just trying to crucify an innocent person. At the helm of this crusade against Mutembo was Levy himself. He publicly bayed for Mutembo’s crucifixion at LAZ. We have not forgotten the day at Lusaka International Airport when Levy was ordering Mutembo to appear before LAZ whilst addressing the press and his party cadres. He expressed optimism that LAZ would nail Mutembo to the cross because, as far as he was concerned, a lawyer should not refuse to uphold the Constitution.

In a characteristically Levy way, Mwanawasa had forgotten the difficult struggle that Mutembo had waged which had earned his government international respect and standing. For political expediency, Levy was prepared to destroy a hard-working professional. The only sin the professional had committed was to refuse to be a minion - a blind follower of Levy.

As for us, we were called all sorts of names and accused of all sorts of things; of harbouring all sorts of hatred and hidden agendas. We were vilified because we refused to accept Levy’s attempt to pervert the course of justice. We were not going to sit quietly whilst Levy and George decided to play selective justice.
When we were calling for the release of former acting DPP Caroline Sokoni’s letter, we were met with resistance on the pretext that it was classified and would prejudice Bulaya’s case.

Bulaya’s case is now over. Can we see Sokoni’s letter! There is no reason to hide this letter, except that Levy and George know that they were involved in something wrong. They know that they were caught in a deception and the release of Sokoni’s letter would finally nail them. If as Levy claims, he is a man who respects the law, the time has come for him to come clean and apologise to the public for his abuse of office in his attempt to deceive the public and give a nolle prosequi to Bulaya who had extended favours to him in his 2001 campaign and in the presidential election petition.

Levy and his minions must learn to respect the public and deal with them on the basis of truth. Levy and his minions lied on the Bulaya case. And yesterday, their lie was laid bare - Bulaya was given a five-year jail sentence after being found guilty on every count.

The fight to reverse Bulaya’s nolle prosequi should teach us all a lesson; there is no one Zambian who can change the nation alone, all by himself or herself. To improve our lot, we must engage in concerted actions, we need to work together side-by-side like beavers.

One lesson that stands clear from the Bulaya saga was a clear division that emerged between those who were ready to bury both the truth and those who were fighting for the truth on one side and those who were prepared to stand up for the truth and defend it to the hilt.

The conviction and sentencing of Bulaya is not only a product of the work of the prosecutors; many others contributed to ensure that justice was done. This judgment is a fitting tribute to the selfless, courageous and distinguished anti-corruption crusader, the late Professor Alfred Chanda. All those who will care to scan the media coverage of the issue during that period will appreciate the clarity of debate that Professor Chanda brought to the issue. He fearlessly stood by the prosecutors, against the formidable onslaught that Levy and his minions had unleashed on all who differed with them on this score. Proferssor Chanda was a clear voice for the many voices of our nation.

The Law Association of Zambia and its leadership also deserve credit for the professionalism that they exhibited in dealing with this matter. Levy tried to flatter them, bribe them with praises into taking his line on this matter. But they stood their ground and saw things for what they were.

The efforts of Reverend Japhet Ndhlovu on this matter also deserve recognition because they helped alter the balance of forces in favour of honesty and justice.

In short, our people’s ability to stand up to injustice, to denounce that which deserved to be denounced, is what has contributed to yesterday’s conviction of Bulaya and to the challenge of impunity. It will no longer be possible for any sensible person in government, or politics in general, to act with impunity, without risking too much.

If Levy and Kunda do not take this opportunity to be honest and disclose Sokoni’s letter, they themselves would have joined Bulaya’s criminal activities and deserve to be with him wherever he may be. They should deal with the public honestly. We told them that we would not stop fighting for Sokoni’s letter. This is a humble reminder to deal with that matter honestly. As we pay tribute to all those gallant comrades who fought this matter, our demand is very simple - release Sokoni’s letter.

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3 Comments:

At 5:55 PM , Anonymous Anonymous said...

Another disgrace to levi and hes government,theres no need in throwing tantrums at theft and corruption whilst its going on under your nostrils.
bulaya is just the tip of the ice berg and a sure sign that in Zambia things have changed.
thanks to Dr Alfred Chanda who travailed with us in the latin corridors of nol.Pros.
For a good 24 hrs on a certain date in 2001 zambians did not know the verbatin that was being used in the post, by the 25th hour we realised that a one Dr Bulaya was being protected by the highest office in the land.
Thumbs up to LAZ and all those who stood their ground.
Though 5 years is a short time considering the crime at hand and how many of our people have died of AIDS, in real terms the man is a murderer but its a start.

 
At 6:40 PM , Blogger MrK said...

I wonder whether they'll let him keep his neckbrace in prison.

 
At 7:40 PM , Blogger mukupa said...

Neckbrace umm, he'll need it to hang himself,but if hes lawyers are watching closely, that hand wave and smile on the picture in the post are enough for them to plead in sanity on basis of La belle indifférence.
The man thinks he won the case!

 

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