Maravi

Sata apologises for enacting bad laws

Sata apologises for enacting bad laws
By Brighton Phiri
Wednesday August 29, 2007 [04:00]

OPPOSITION Patriotic Front (PF) president Michael Sata (right) yesterday apologised to the nation for being part of the leaders who enacted bad laws in the country. And Supreme Court judge Dennis Chirwa yesterday dismissed Sata and Dr Guy Scott's appeal against High Court judge Charles Kajimanga's ruling in which he refused them leave to apply for judicial review after magistrate Edward Musona refused to refer Sata's case to the High Court on constitutional issues raised before him.

Sata and Dr Scott were arrested and charged with defamation of the President Mwanawasa raised preliminary issues saying the matter bordered on constitutional issues which they wanted the High Court to clarify or resolve before trial in the subordinate court could proceed.

Speaking soon after judge Chirwa delivered his ruling in chambers, Sata said when he was in government, he did not know that some of the bad laws he took part in enacting would affect him after getting out of power.

"When I was in government, I didn't think that some of the bad laws would affect me personally after getting out of power. I must apologise for my ignorance," Sata said.

Sata said he had realised how some of the bad laws had affected him now that he was out of power and is one of the opposition leaders. He said the bad laws were only protective of those in power and some investors who were supportive of government, to the detriment of citizens.

He cited the Penal Code which prescribed theft of motor vehicle as an unbailable offence as some of the bad laws that had backfired on him.

"I was the first former minister to be locked up on charges of motor vehicle theft. I was in government when the law was changed to make the motor vehicle theft unbailable, so I languished in prison on unfounded accusations," Sata said.

"I further languished in prison over the law that prescribed vandalism of Zesco equipment as espionage. Now I know how bad laws can affect the people when they are not in power. We have seen how the bad laws are protecting undesirable foreign investors like the Chinese who are dehumanising our people, simply because they are in good books with Mwanawasa's administration."

Sata said PF would continue to fight against the bad laws until the people began to enjoy their full rights and freedoms under a new constitution being demanded by the people. On judge Chirwa's ruling, Sata said they were not satisfied.

"We were denied our constitutional rights by magistrate Musona, judge Kajimanga and today we have been denied our constitutional rights by judge Chirwa," he said.

Sata said both magistrate Musona and judge Kajimanga based their rulings on speculation that their appeal would not succeed.

"We have discussed the matter with our lawyers and we have decided to appear before the full Supreme Court bench," he said.

Sata said judge Chirwa's ruling confirmed how bad the country was being governed.

In his ruling, judge Kajimanga said the constitutionality of any law could not be challenged by way of judicial review.

"I see no prospects of success in this appeal. I also see no prejudice that would be suffered by the applicants if criminal proceedings in the subordinate court went ahead. The blunt allegations of unfair and unfree trial are not sufficient. There should be evidence to support such allegations. I, therefore, refuse the application to stay the judgment of the High Court delivered on 29th June 2007. Costs to the respondents," read judge Chirwa's ruling in part.

And the case in which Sata had sued former works and supply minister Ludwig Sondashi for unlawful detention will come up before High Court judge Martin Imasiku tomorrow.

In 2002, Sondashi instructed former Inspector General of Police Sailus Ngangula to arrest Sata for allegedly converting government vehicles into personal use.

Sata was consequently arrested and charged with an offence of stealing a government owned Hyundai Sonata registration number ACD 2068 (GRZ) 320 BK valued at K15,850,000 and a Toyota Land Cruiser GX, registration number AAV 946 valued at K40,000,000.

However, Sata was acquitted by the magistrate's court.

Labels: SATA

posted by MrK @ 3:22 AM