Monday, October 01, 2007

Govt should explain how Chungu fled - Miyanda

Govt should explain how Chungu fled - Miyanda
By Brighton Phiri and Zumani Katasefa
Monday October 01, 2007 [04:00]

THE government should tell the nation how former intelligence chief Xavier Chungu fled before seeking his extradition from Mozambique, opposition Heritage Party president Brigadier General Godfrey Miyanda said yesterday. Commenting on the government's request to the government of Mozambique for the extradition of Chungu, Brig Gen Miyanda said it would be helpful to the public if the government provided a full and factual account of how Chungu left the country.

"Before the government puts pressure on the government of Mozambique to bring back Mr Chungu, I think that they owe it to the people of Zambia to disclose fully the circumstances under which Mr Chungu was allowed to leave the country.

It is public knowledge that Mr Chungu is facing corruption charges in the magistrates’ court," Brig Gen Miyanda said. "It is also public knowledge that Mr Chungu gave evidence on oath in the presidential election petition, disclosing certain activities which were intended to facilitate the election of President Mwanawasa.

Members of the public are left to speculating as to how Mr Chungu who was under close surveillance left Zambia. It will help government to provide factual account, which will put to rest whether or not Mr Chungu was allowed to leave Zambia at the time to avoid further harmful disclosures of the 2001 presidential elections."

The Zambian government has through the Ministry of Foreign Affairs written to the government of Mozambique requesting for Chungu's extradition. Chungu is seeking asylum in that country. Government sources disclosed that official correspondence has already been sent to Mozambique's justice minister for consideration.

Chungu was last week spotted in Mozambique where he is reported to have applied for asylum through the United Nations High Commission for Refugees.

But the Zambian government source said they have requested the government of Mozambique to extradite Chungu because he fled from justice and not political persecution as he is claiming.

On Law Association of Zambia (LAZ) resolution to participate in the National Constitutional Conference (NCC), Brig Gen Miyanda said although he was disappointed with the position taken by the lawyers, he would respect their decision.

"But I am curious to learn from LAZ president Elijah Banda that he accepts that NCC Act is flawed. If LAZ knows that the NCC Act is flawed, why then attend?" he asked.

He said the correct thing to do over the NCC was to correct the sections in the Act which were not in order because the conference had no mandate to amend anything.

Brig Gen Miyanda said it was wrong to suggest that lawyers should attend the NCC and walk out later if they realised that the process was being manipulated.

"I am particularly curious about the attendance at the LAZ meeting. I used to think that there were more than 400 lawyers in the country.

But instead, less than 200 attended the meeting. Of this number 75 voted in favour of the NCC while 37 voted against, but interestingly 52 votes were spoiled by the learned lawyers. I find this strange because we are not dealing with illiterate people.

This suggests that there must have been some protest, so the decision by LAZ based on these numbers is highly questionable. But it is their democratic right."

Brig Gen Miyanda urged the Oasis Forum to maintain its position of boycotting the NCC despite one of the conveners (LAZ) voting in favour of participating in it.

"The Oasis Forum mean well when they say let us first sort out the problem in the Act before the meeting. Even if there were powerful headlines in the government-owned media, the ordinary people whom the Oasis Forum represent cannot be deceived by this intense propaganda," he said.

And LAZ secretary Musa Mwenye has maintained that it would be a waste of time and national resources to participate in the NCC. In a telephone interview from London, Mwenye said it was a pity that the association recorded 52 spoiled votes during the meeting where the lawyers resolved to participate in the NCC.

"As a member of the association, no matter how I disagree with the decision of the association, I am bound by the internal democracy within LAZ," Mwenye said. "As an individual, my personal opinion still remains the same. It will be a waste of time and national resources to participate in the NCC in its current form."

Meanwhile, the Islamic Council of Zambia priest-in-charge Sheikh Issa Bonomali said LAZ had betrayed the Zambians and the Oasis Forum following by deciding to support and participate in the NCC. Bonomali said LAZ's stance would make government feel that the majority of Zambians were behind the NCC when in fact not.

Bonomali urged Zambians and members of the civil society to continue advocating a good constitution despite government having already passed the NCC into law.

"We need to talk about it, it is very unfair that government has changed its goal post from a constituent assembly to NCC," he said.

Bonomali, whose association is a member of the Oasis Forum, said the Islamic Council of Zambia would remain committed and support the decision by the Oasis Forum to stay away from the NCC.

Bonomali said boycotting the NCC was a better way of showing government that people were not happy with its decision of abandoning the constituent assembly which was the popular mode of adopting the national constitution.

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