Maravi

Chiluba's case is an eye-opener - Sata

Chiluba's case is an eye-opener - Sata
By George Chellah and Noel Sichalwe
Sunday May 06, 2007 [04:00]

PATRIOTIC Front (PF) president Michael Sata yesterday said the London Court's judgment on former president Frederick Chiluba showed that corruption is there and must be fought. And former commerce minister Dipak Patel said the London judgment had vindicated him when he called Chiluba a thief. Meanwhile, Women for Change (WfC) executive director Emily Sikazwe has called for the withdrawal of former president Chiluba's pension after the London High Court found him liable of defrauding Zambia of about US $41 million.

Commenting on the London High Court's ruling that Chiluba had defrauded Zambia of US $41 million through the BK Facility and the ZAMTROP account in London, Sata said the judgment was an eye-opener for the Zambian people.

"The London judgment though we haven't seen the full facts yet is just saying or shows that this thing (corruption) is there and it must be fought," Sata said. "But we can't interfere with what the courts have said. That's a personal matter affecting some of our members. Whatever was alleged to have been committed was not committed by PF or a PF government."

He said Zambians should know that only an honest person could fight corruption. "To fight corruption you need a person with clean hands. Even in Levy's government there is corruption. But PF will have to come and wipe out this thing once and for all. There is corruption at the Ministry of Lands...there is corruption everywhere and it has to be wiped out completely," Sata said.

And Patel said Zambians must now get their money back from thieves. "My comments on FJT... this guilty verdict vindicates me when I called Chiluba a thief. Now Zambian people must get their money back from the thieves and he must start with handing back the house he now lives in," Patel said.

And Sikazwe said it was known for a long time that Chiluba was stealing. She said now that the London High Court had found him liable of stealing, there should be formal charges so that he could start appearing in court.

"He should start appearing in court on formal charges and jail him," she said. "He should not receive any more pension and they should stop building his house. The pension and money used to build his house should be used to build rural hospitals and upgraded the equipment at the University Teaching Hospital (UTH). No one shall give him protection."

And Transparency International - Zambia (TIZ) president Reuben Lifuka said the fact that Chiluba was found liable showed how his government took advantage of the Zambian people.

He said if the colossal monies itemised in the judgment could have been properly utilised, Zambia should have developed in some areas. Lifuka said the judgment has served as an example to other leaders and that there was need to review the accountability system in government to seal the loopholes. "We need other countries to look at this case critically," Lifuka said. "We have always wanted to see that this case comes to conclusion."

He said Chiluba should not advance arguments about jurisdiction or sovereignty because he was given an opportunity to clear his name but decided to ignore it.

Lifuka said in fact, the United Convention Against Corruption was moving towards issues of mutual legal assistance to bridge the boundaries on corruption cases that happened in other countries. "Let him not use reasons of jurisdiction and sovereignty as an excuse," he said.

London High Court judge Peter Smith on Friday ordered former president Frederick Chiluba to pay about US$35 million.

This was after judge Smith established that Chiluba had defrauded Zambia of a total of US$41 million through the BK Facility and the Zamtrop account in London.

Judge Smith has ordered Chiluba to pay about 85 per cent of total sum (US$41 million) within 14 days upon service of the judgment.
Chiluba has been ordered to pay about US$21 million money he misappropriated through the BK conspiracy case and US$20 million in the Zamtrop conspiracy case. The BK facility involved Chiluba's alleged dealings with Congolese businessman Raphael Soriano alias Katebe Katoto, for the supply of arms and fighter aircrafts.
This means that Chiluba would be required to pay about US$34.9 million, which the 85 per cent.

Judge Smith found that instead of preventing corruption, Chiluba actively participated in it and ensured it happened. And judge Smith found that government money was used to provide Chiluba's personal wardrobe and that although much of it had been seized, it was plain Chiluba was still benefiting from the wardrobe when he went out in public in Zambia or when he went abroad for treatment.

The judge also said Zambians would know that whenever Chiluba appeared in public wearing a smart handmade suit or a pair of his "signature" shoes that they were acquired by stealing money from the people, the vast majority of whom live at subsistence levels.

The Attorney General of Zambia took out a civil suit against Chiluba and 19 others who were alleged to have siphoned about US$20 million from the state treasury.

Those co-accused with Chiluba include Cave Malik and Company, former Zambia Security Intelligence Service director general Xavier Francis Chungu (XFC), Attan Shansonga, Stella Chibanda, Aaron Chungu, Bimal Thaker, Faustin Kabwe, Francis Kaunda, Boutique Basile, Nebraska Associates Limited, MISSL Associates Limited, Hearnville Estates, Jarban SA, Raphael Soriano Katoto, Belsquare Residence, NV Roland Cracco and Robert Standaert.

In his judgment that was also beamed live in Lusaka via satellite, judge Smith said he was satisfied that Chiluba and Chungu were major conspirators and were also in breach of their fiduciary duties.

Judge Smith found that Chiluba's earnings then and before were extremely modest in terms of the sums involved in the action.

He noted that his current assets were equally modest and there was nothing to show from his background that he was in a position to accumulate large wealth.

Labels: CHILUBA, CORRUPTION, EMILY SIKAZWE, PF, TIZ

posted by MrK @ 3:59 AM