Monday, September 29, 2008

'Stop politicising Banda's case'

'Stop politicising Banda's case'
By Bivan Saluseki
Monday September 29, 2008 [04:00]

ANTI-Rigging Zambia executive director Kaluba Simuyemba has asked justice minister George Kunda to file an affidavit in opposition instead of politicising the case in which they are seeking to invalidate Rupiah Banda as Republican Vice-President and Acting President following his filing in of nomination papers as a presidential candidate.

On Sunday Kunda disclosed that the government had always been ready for a court action against Vice-President Banda and that they were neither shaken nor surprised by the court action.

Kunda said the Ministry of Justice would therefore apply to be joined to the court proceedings to defend and protect the interest of government. He said Anti Rigging Zambia Limited was a partisan Non-Governmental Organisation.

But Simuyemba yesterday said the matter should not be politicised but resolved in court. He urged Kunda just to file an affidavit in opposition instead of politicising a matter that is already before a competent court of law.

"I am very disturbed by his Kunda personalising this constitutional issue which also should not be politicised through the press, by any rational person. Let's all be level headed for the sake of mother Zambia and the rule of law," Simuyemba said.

He said his lawyers had advised him that the matter was in court or subjudice.
Simuyemba said if Kunda was desirous of knowing the mission and objectives of Anti-Rigging Zambia Limited, he was invited to its official launch at Pamodzi Hotel in Lusaka on October 1, 2008.

Kunda said the government had an interest in the matter and would respond appropriately as soon as the requisite documents were served upon them. 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.

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.

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.

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