Maravi

Chiluba's cases won't be stopped, says Levy

Chiluba's cases won't be stopped, says Levy
By Lambwe Kachali
Tuesday April 01, 2008 [04:00]

PRESIDENT Levy Mwanawasa yesterday declared that he will not withdraw Frederick Chiluba's corruption cases currently going on in the courts of law. And President Mwanawasa said he will not fire finance deputy minister Jonas Shakafuswa until Parliament completes its investigation into the alleged attacks on Chikankata UPND member of parliament Munji Habeenzu.

Swearing in Justice Irene Mambilima as deputy chief justice and Albert Mark Wood as Puisne judge, President Mwanawasa said it was unfortunate that some Zambians were calling for the withdrawal of former Republican president Chiluba's court cases.

President Mwanawasa said it was also sad that people had been insinuating that it was he who was prosecuting Chiluba.

President Mwanawasa explained that Chiluba's alleged corruption cases were taken to court by the state prosecutors under the office of the Director of Public Prosecutions (DPP).

"I want to explain this because some people have cried that Dr Chiluba is being prosecuted in court and Mwanawasa is prosecuting him, so he should withdraw this case. I am not the one who is prosecuting or took his case to court. The law enforcement does that.

The public prosecutors under the office of the Director of Public Prosecutions took the matter to court. And DPP has power to withdraw that case when he considers that there is no evidence or when it is proper to do so.

I have power under the constitution. That is constitutional power,0 which I rarely exercise because if I was to exercise this, the people would see," President Mwanawasa said. "When the DPP takes this matter to court he does so in the interest of the people.

This is why Dr Chiluba is appearing in court. It is the people of Zambia versus Frederick Jacob Titus Chiluba. He (DPP) is doing so on behalf of the people of Zambia. Now if they are demanding me to take or drop a particular matter from court I need to have very good reasons why I should withdraw or why I should exercise my powers under the constitution to withdraw that case."

President Mwanawasa said he had seen no reasons why some Zambians were demanding him to withdraw the cases involving Chiluba.

He said the cases had been entirely left to the courts of law.
"Now for the sake of the people who have called on me, who have campaigned and shouted that I should withdraw the case against Dr Chiluba, I want to say that I regret that. I have not seen or considered any reasons why I should do that.

I have left it to the courts to decide. If the courts decide in his Chiluba's favour, we will all be happy. Mr Chiluba, as most of you know, is a great friend of mine. We will all be very happy but I am not prepared to adjudicate like that. I will not be happy to do things to please my heart," he said.

And commenting on calls from the public that he should dismiss Shakafuswa, President Mwanawasa said he would not take any action until Parliament concludes its investigations.

President Mwanawasa said much as he did not agree with what Shakafuswa said at Parliament building, he would not succumb to people's demands and pressure.

He said it was unfortunate that people assumed that he was reluctant to fire Shakafuswa because he was his nephew.

"Also on the same token when dealing with the case of misconduct involving a member of parliament who is also a member of the Executive since he is a minister, I will not take action because by taking action then I am prejudicing the case which the House Parliament is doing.

Until the House has finally disposed of the case, I will not do anything.

I learnt this issue where I am being called all sorts of names, 'tribalist, who seeks to protect his relative, Jonas Shakafuswa'. I agree totally that Jonas is my nephew. I did not apply for him to be my nephew neither did he apply. It's just a fact of things," he said.

President Mwanawasa said he did not appoint Shakafuswa as minister based on their relationship but because he understood that he would deliver to the country.

"He Shakafuswa was appointed minister not because he is my nephew but because particularly he could deliver. So currently the Speaker and the clerk of the National Assembly have confirmed that they are investigating the case.

Now Honourable, my fellow citizens, are you not being unfair to me to expect that I should take action on Shakafuswa, that I should dismiss him before I allow them to dispose of it, to do what they are supposed to do. Why is it that when it involves your interest, you want me to abandon the law?

You want me to abandon the rule of law?" President Mwanawasa asked. "But when it involves my office and the Executive you want me to follow the law. To decide the matter on the whims, on the popular whims of the people... This must be unfortunate. I have said that I am the custodian of the constitution.

Rule for this country, the governance of this country shall be by laws rather than by men. I am a lawyer; I know the law. You could have forgiven Dr Kenneth Kaunda, Dr Chiluba because they did not know the law.

"But as far as am concerned you are the same people who will say you know the law. Ignorance of the law has no defense. So those of you who want to make political capital over the case of Shakafuswa; I am saying I must disappoint you.

I will not take action against Shakafuswa unless and until Parliament dispose of this case. I am sorry we still have to let things like that because if you had known that I will rule by the law, you shouldn't have voted for me. But you voted for a lawyer and you must be stuck with the lawyer.

I have already said that I don't like what was said in the precincts of Parliament about Shakafuswa and Mr Habeenzu. I regretted that but beyond that there is nothing I can do. I repeat keep your political amore to your political platform. When you are dealing with matters with the state, address them to the constitution."

President Mwanawasa also congratulated Justice Mambilima and Wood for their appointments.

He said it was gratifying that justice Mambilima was the first woman to be appointed deputy chief justice in the country.

President Mwanawasa said government was proud of her appointment.
"I want to congratulate both of you for your appointments.

Firstly, Mrs Chirwa Mambilima to the Office of the Chief Justice and Mr Wood to the Office of Puisne Judge of the High Court. I am glad to appoint you to these offices in the sense that Mrs Justice Mambilima will be the first female deputy chief justice and that is no mean achievement.

For Mr wood, I have been persuading you and you turned down at first and I said if you don't want to join the institution, I said come and join me in the law and I am glad that we can say that we have poached from the private sector one of the best lawyers indeed to become a judge. I say congratulations to both of you," said President Mwanawasa.

Labels: CHILUBA, COURTS, MWANAWASA

posted by MrK @ 6:16 AM