LAZ's advice angers Chiluba

LAZ's advice angers Chiluba
By Mwila Chansa
Monday April 28, 2008 [04:00]

FORMER president Frederick Chiluba has accused LAZ president Elijah Banda of using the noble platform of LAZ to prop up the image of the Task Force on Corruption. Reacting to Banda’s recent statement that Chiluba should use the Carlington maize deal investigations to prove his innocence, Chiluba said he was aware that Banda was a partner in the MNB legal practitioners that had allegedly financially benefited immensely from proceedings and cases the Task Force on Corruption had undertaken.

Chiluba said he would make a formal complaint to the LAZ board as Banda’s statement had failed to uphold his rights.

“LAZ should be seen as a neutral arbiter and not an extension of President Mwanawasa’s government,” said Chiluba through his press aide Emmanuel Mwamba.

He said LAZ should recognise the fundamental principle of a person’s right to innocence till proved guilty.

Chiluba said Banda’s statement amounted to presuming that he was guilty before he proved himself innocent.

“LAZ enjoys a unique position in the country on governance, rule of law, and human rights and the kind of statement issued in reference to the Carlington maize deal departs from these fundamental principles that they are expected to pursue,” Chiluba added.

“We urge the LAZ president Mr. Elijah Banda to recognise the fundamental rights and human rights of every individual despite the political differences existing between such an individual and government.”

He said LAZ was an institution that was supposed to help promote justice in the country and that they could only do this by acting as a neutral arbiter and not like an extension of the government.

Chiluba said he had never heard LAZ rising to his defence when he raised issues regarding his right to a fair trial, issues on the independence of the judiciary or his right to the due process of the law.

On Friday, Banda said Chiluba should use the Carlington maize deal investigations to prove his innocence. He further said there was nothing abnormal in the government’s decision to reach a settlement with DRC governor Moses Katumbi and that it was a positive step in the fight against corruption.

But Chiluba charged that the Task Force on Corruption had not helped fight the vice in Zambia as it had escalated.

“It is public knowledge that the Task Force on Corruption is now surviving on expired mandates and its support from all parties including co-operating partners is totally diminished,” he said.
“And clearly, you get the sense that in their quest to continue to be relevant, they are desperately whipping up public emotions with sensational and high-sounding cases such as the Carlington maize deal so that their role is revived and its existence extended.”

Chiluba said everyone has recognised that to fight corruption in Zambia, a broader and effective approach has to be taken by government, donors and citizens and that financial and technical support should be given to institutions such as the Auditor General, the Anti-Corruption Commission, the Directorate of Public Prosecutions, the judiciary and reforms in institutions of government.

Chiluba said millions of dollars and pounds in the Task Force remained difficult to justify when acts of corruption from State House, leaders and government institutions had escalated. He said the government seemed keen to fight old acts of corruption but refused to curb serious acts of corruption in its own ranks.

“It even mocks public statements and reports on this escalation when institutions such as Transparency International and Auditor General’s office. Yet it is claimed to be founded on the fight against corruption,” Chiluba said.

He said if corruption had to be won, it should be condemned in the strongest terms regardless of which government is involved, “yet Mr Banda appears to be selective in his approach”.

Chiluba said although LAZ is a professional association for lawyers, Zambians have placed trust in it, hoping that it will promote fairness and justice. He said LAZ is also expected to be seen as an independent arbiter in conflicts that relate to matters of law.