Sunday, May 20, 2007

Don't listen to Chiluba - Zukas

Don't listen to Chiluba - Zukas
By Masuzyo Chakwe and Noel Sichalwe
Sunday May 20, 2007 [04:00]

VETERAN politician Simon Zukas has urged Zambians not to listen to second Republican president Frederick Chiluba's attempts to politicise the London High Court verdict against him. And Chiluba yesterday said he was ready to appear before the ad-hoc committee of doctors at the University Teaching Hospital (UTH) to determine whether he was fit to stand trial or not.

In an interview, Zukas said the verdict was correct and a great success for Zambia.

"The verdict is definitely correct, in fact, probably it has not covered the whole aspect but just half of it or maybe just a tip. However, it is symbolic and at the end of it, it will come to the right conclusion that thieving doesn't pay," he said.
Zukas said Chiluba was trying to blame imperialism for the London High Court judgment.

"That's rubbish, anyway he has never been an anti-imperialist himself. He may be a born-again Christian, I am not even sure about that, but certainly no one will accept him as a born-again anti- imperialist. That one is plain," he said.

And speaking through his spokesperson Emmanuel Mwamba, Chiluba said he had never feigned illness. Acting High Court registrar Jones Chinyama on Friday ordered Chiluba to appear before an ad-hoc committee at UTH to determine whether he was fit to stand trial.

Mwamba said Chiluba was ready to appear before the ad-hoc committee upon receiving communication from UTH.

"Dr. Chiluba has never feigned illness and his medical condition is in public," he said. "He has always been willing to comply with the court orders. Whatever UTH will direct, he will comply. However, the fact is that Dr. Chiluba continues to receive medical treatment. You remember in December last year, the court ruled that he cannot attend trial and there has been no contrary determination ever since.

It is for that reason that he continues to be on medical treatment."
On Task Force prosecutor Mutembo Nchito's statement that Chiluba was engaged in more strenuous activities in the public domain, Mwamba said the fact that Chiluba was sick did not mean that he could not talk to the press.

Mwamba said Chiluba's speech when addressing a press conference a fortnight ago was scheduled for 30 minutes but he had difficulties reading until he finished after an hour.

"It is sad that people want to impute that Dr. Chiluba is involved in more strenuous activities than attending court," he said. "Dr. Chiluba is an efficient deliverer of speeches but he had difficulties addressing the press conference. I am sure those who attended can tell you that."

Magistrate Chinyama on Thursday directed Chiluba to appear before a team of doctors at UTH to review his medical condition.
The order came after lawyer Diana Bunting informed the court on behalf of the defence (Robert Simeza and John Sangwa) that Chiluba was not before court for mention because he was still unwell.

Bunting further asked the court to set trial dates sometime in August because Chiluba was scheduled to go to South Africa for medical review in July.

In response, Nchito noted that from what Bunting was saying, Chiluba was not able to attend trial anytime before August.
Nchito noted that it was evident that Chiluba was active in the public domain and engaged in matters more strenuous than attending court.

He suggested for special equipment to be provided for Chiluba to attend court in the comfort of his home if it was not possible for him to attend court in person, or that the trial date could be set in August as per request by the defence.

Defence lawyer Robert Simeza said it would be ambitious to assume that the review could be carried out in two weeks because the doctors needed a report from Chiluba's doctors treating him in South Africa.

This is a case where Chiluba is jointly charged with Access Financial Services directors Faustin Kabwe and Aaron Chungu for theft of about US $500 000.

The trio is alleged to have stolen the money in question between 1998 and 1999.

On May,4, London High Court judge Peter Smith established that Chiluba and others had defrauded Zambia of a total of US $41 million through the BK Facility and the Zamtrop account in London.
Judge Smith ordered Chiluba and others to pay about 85 per cent of the total sum (US $41 million) within 14 days upon service of the judgment.

This is a case in which 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.

However, during a press conference at his Kabulonga residence, Chiluba defended himself against the London High Court judgement by accusing President Levy Mwanawasa and British Prime Minister, Tony Blair of corruption and imperialist conspiracy against him.

Dismissing judge Smith's judgment as corrupt and racist, Chiluba accused Blair and the entire British political and judicial system of trying to impose imperialism on Zambia.

Chiluba also accused President Mwanawasa of championing British imperialism in Zambia.

And commenting on the constitution making process, Zukas advised that instead of rushing into demonstrations, Zambians should heed President Mwanawasa's call for an indaba.

"But the indaba should not be a substitute for a constituent assembly, that's nonsense because the indaba will have no legal force but there is room for a mini indaba like we had in 1990 in the Cathedral. We also were at loggerheads, Dr Kaunda wanted to go one way and we wanted to go multiparty. He was dragging his feet, eventually we got to the Cathedral and we discussed and reached a consensus," he said.

Zukas said at the moment, people were not keen on the indaba because they did not trust President Mwanawasa.

"A lot of people are saying there have been a lot of indabas at State House and everytime he lectures us and it becomes a useless meeting so I say the first thing we do is not to go to State House, we go to a neutral place, we don't go under his chairmanship, perhaps it can be a clergyman to do the mediation, and we start talking as Zambians to try and reach consensus instead of going to the streets," he said.

He said confrontation over the constitution making process was unnecessary.

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