Maravi

Govt is ready for court action to remove VP, says Kunda

Govt is ready for court action to remove VP, says Kunda
By Chibaula Silwamba
Sunday September 28, 2008 [04:00]

JUSTICE minister George Kunda yesterday disclosed that the government has always been ready for a court action against Rupiah Banda seeking to invalidate him as Republican Vice-President and Acting President following his filing in of nomination papers as a presidential candidate.

Reacting to a story carried by The Post yesterday where Anti-Rigging Zambia Limited has asked the High Court to declare that Banda is no longer Republican Vice-President and Acting President following his filing of nominations for the Office of Republican President of Zambia, Kunda told The Post and ZNBC journalists at his office, that the government was neither shaken nor surprised by the court action.

"We have neither been shaken nor surprised by a court action instituted against His Excellency the Acting President Mr Rupiah Banda by a company called Anti Rigging Zambia Limited as reported in The Post newspaper of today 27th September, 2008.

The purported court action seeks a declaration from the High Court that the Acting President Mr Rupiah Banda is not entitled to continue in the office of Vice-President after he successfully filed his nomination for election as President," Kunda explained. "This kind of court action was brought to the attention of the Ministry of Justice long before it was instituted and we have always been ready and prepared for it."

He, therefore, said the Ministry of Justice would apply to be joined to the court proceedings so that it defends and protects the interest of government.

"I must state categorically that government has an interest in this matter and in the continuity of government as we await the impending presidential elections and the Attorney General's Office will respond appropriately as soon as the requisite documents are served upon us.

In other words, we have not been served with any court process to date although we have read about it in the newspaper, The Post Newspaper," Kunda said. "In this regard even if government has not been made a party to the court action, the Ministry of Justice through the Attorney General's Office will apply to join the court proceedings so as to defend and protect the interest of government."

He said it was surprising that the originators of the court action decided to serve court process on a newspaper in the first instance instead of serving the process on affected parties, who are Vice-President Banda and the Attorney General's Office.
Kunda said Anti Rigging Zambia Limited was a partisan non governmental organisation (NGO).

"Our preliminary findings reveal that Anti Rigging Zambia Limited was registered by the Registrar of Companies as a company limited by guaurantee on 18th September, 2008 and its guarantors, directors and shareholders are as follows: (1) Mr Kaluba Musenda Simuyemba with 100,000 shares.

This is the person who has sworn the affidavit in support of the court action. (2) Mr Willie Aubie Mubanga with 100,000 shares. (3) Mr Kelvin Fube Bwalya of KBF and Partners Legal Practitioners with 100,000 shares. This is the person who is also acting as a lawyer for Anti Rigging Zambia Limited and (4) Mr Richard Nsofu Mandona is the company secretary for this company which may also be classified as an NGO since it's registered as a company limited by guarantee," said Kunda. "The national secretary of MMD Katele Kalumba will in due course reveal the political affiliation of this NGO and its sponsors. This, I must emphasize, is a partisan NGO."

But Bwalya said there was nothing wrong with him being a shareholder in the company, which he said had no political affiliation.
Bwalya said Anti Rigging Zambia Limited's agenda was to get electoral fraud out of Zambian elections.

"I can confirm that this is a registered company and limited by guarantee. We have no political affiliation. Our agenda is to get electoral fraud out of the Zambian elections. If there is a problem that the minister thinks we have he should tell us what that problem is from a legal perspective. As for the politics, I am not interested in the politics. I am interested in the general Zambian who has been taken for granted for a long time.

There is nothing wrong with me being a shareholder in the company," said Bwalya.
According to originating summons taken out by KBF and Partners on behalf of Anti-Rigging Zambia, Vice-President Banda ceased to be nominated member of parliament by virtue of having filed his nomination for election to the office of President on September 26, 2008.

The summons stated: "That as a consequence of the foregoing, the Respondent is not entitled: (a) to perform the function of the Office of the President of the Republic of Zambia; (b) to enjoy the benefits of the Office of the Vice-President and/or Acting President; (c) to enjoy or use public resources to fund his political campaign for election to the Office of President of the Republic of Zambia which he hitherto enjoyed before the filing of his nomination."

Anti-Rigging Zambia has also sought the court's interpretation of Articles 71(2) as read in conjunction with Article 65(2), Article 38(2); and Articles 45, 63 and 34.

Labels: RUPIAH BANDA

posted by MrK @ 6:44 AM