Chiluba has to pay back - Chongwe
Chiluba has to pay back - ChongweBy Brighton Phiri
Monday May 21, 2007 [04:00]
CHILUBA's defence against the London High Court judgment is utter rubbish, Lusaka lawyer Dr Rodger Chongwe has said. Commenting on the London High Court judgment that established that former president Frederick Chiluba defrauded the Republic of Zambia of millions of dollars and Chiluba's subsequent statement in defence, Dr Chongwe said Chiluba had no choice but to pay back the money he stole from the Zambian people.
"I heard former president Chiluba's statement, that is rubbish; hogwash. When this case was heard, there was determined effort by judge Smith to ensure that everyone is heard," Dr Chongwe said. "Why did he (Chiluba) choose not to appear before him if he had some arguments on the case. It is too late for him and he has no alternative but to pay."
He said Chiluba could not run away from the international court on the flimsy excuse that Zambia was a sovereign state.
Dr Chongwe reminded Chiluba that Zambia belonged to a global village where countries had surrendered part of their sovereignty to world institutions and organisations.
"The judgment serves as a reminder to Mr Chiluba and all those aspiring to govern the nation that they are not above the law," he said.
Dr Chongwe said there was no provision in the law that allowed the state to pay for Chiluba's clothes and education for his children.
"There is no way the President can receive a gift or money from any entity or individual and later turn it as his, because he (Chiluba) received it on behalf of the Zambian people. He must ask himself, if he was not President, was he going to receive those gifts and huge sums of money?" asked Dr Chongwe. "What was the motive of those that gave him monetary gains, was he selling the state secrets?"
Dr Chongwe said the 10 years under Chiluba was characterised by impunity from the elite ruling party cadres and civil servants.
He also dismissed Chiluba's allegations that Dr Kaunda was equally corrupt because he was never tried by any court to ascertain whether he had stolen from the people of Zambia.
"We are discussing a court judgment that has established that Chiluba misappropriated the people's money and not Dr Kaunda who has not appeared before any court on corruption charges," Dr Chongwe said. "The best Chiluba can do is to return the people's money instead of dragging innocent people into his case. If he can’t pay, he must show cause why the court should not declare him bankrupt."
He said it was not politically correct for Chiluba to start exchanging insults with other people over his wrong doings.
Dr Chongwe asked President Mwanawasa to show leadership and ensure that all the funds that were misappropriated were recovered.
Dr Chongwe said he was happy that justice had been done and that it should not be the first and last time that Zambians should ask former leaders to return what they had stolen.
"I hope in the near future, we will hear some action by government to bring criminal charges such as murder and attempted murder against Chiluba. It is not only money that was lost but life too," he said. "Chiluba abused the trust of the people, he thought he was answerable to God, but now the law has visited him. If he fails to comply the law hould help him to comply."
Dr Chongwe said Chiluba was crying because he thought the case would take an indefinite time.
He said there was no time for Zambians to argue with Chiluba, but force government to enforce the judgment.
"It is because of our government's attitude that Chiluba is behaving like this," he said.
posted by MrK @ 6:24 AM
1 Comments:
It's embarrassing that even lawyers who are supposed to defend a sovereignty of their own country and busy trying being used and drawn into journalism of vendetta and vengeance.
I sent this to The Post but they didn't want to publish it, when they have always published my letters:
editor,
I'm no fun of Chiluba and his friends but surely why did it take a London court to convict him? Where are our own courts? Chiluba's cases have been dragging on for ages in our own courts but he has not been found guilty of not even a single misdemeanour case. Why? Our courts should look themselves into the mirror and question themselves why FTJ has to date still never been convicted of any crime. Isn’t it shameful and dishonourable to us as country that it took a foreign court to convict our former president? Is it because Chiluba chose not to defend himself in that court and that’s why the court could have found it so easy to arrive at a conviction? In saying so, I’m not belittling in anyway that judgement that was passed to convict Chiluba. But at the same time I have serious questions that beg answers.
I agree with Chiluba when he questions the mandate and jurisdiction of that London court. Under which law was that London operating to convict Chiluba? Was that court using an international law to which Zambia is a signatory or an English law or a Zambian law? I’m no lawyer but I don’t think I’m dumb enough not to question the operations of a Kangaroo-like court. Like I said, I’m no fun of Chiluba, but that should never blind me to question a wrong. We may be celebrating Chiluba’s conviction today but we shouldn’t forget that we are setting a precedent here that may come back to haunt us for a long time to come. To me the message we are sending to the world is that Zambians are incapable of trying themselves under their own laws. I may be wrong because I admit I’m no lawyer.
Jigga
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