Maravi

Chiluba accuses Chongwe, The Post of promoting hatred

Chiluba accuses Chongwe, The Post of promoting hatred
Written by Patson Chilemba
Sunday, March 22, 2009 4:14:52 AM

FORMER president Frederick Chiluba yesterday accused Dr Rodger Chongwe and The Post of promoting hatred and divisions in the country. Reacting to Dr Chongwe’s statement that it was unethical for President Rupiah Banda to be interacting publicly with a disgraced leader like Chiluba who was crowded with criminal cases, Chiluba, speaking through his press aide Emmanuel Mwamba, stated his association with the MMD and President Banda should not be of concern to anyone including Lusaka lawyer Dr Chongwe and The Post in particular.

Chiluba noted that like any other citizen, he enjoyed fundamental rights and freedoms of association, speech, movement, assembly and other rights and freedoms.

"The culture being perpetrated by Dr Rodger Chongwe, The Post and others, promotes only hatred and divisions in the country," he stated.

Chiluba charged that Dr Chongwe was supposed to be a lawyer of high standing, but his remarks were so malicious that they betrayed such a nature.

He stated that it was irresponsible and a violation of the constitution for Dr Chongwe to assert that he [Chiluba] was a disgraced person by virtue of the legal cases he was facing in the courts of law.

"... We are compelled to cite the Constitution: Article 18 states that; 'If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within reasonable time by an independent and impartial court established by law'. Further Article 18 (2) provides that: 'every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty'," Chiluba stated. "We need not emphasise that Dr Chiluba remains innocent in the eyes of the law until a competent, independent and impartial court establishes otherwise. Dr Rodger Chongwe knows very well the above provisions. We therefore regard his utterances as mere political mischief and are only of nuisance value."

Chiluba stated that there had been a dirty campaign to attempt to show that he was guilty of allegations made against him by virtue of a judgment obtained from a civil claim before a civil court.

"Now that there is a Judgement obtained in London against Dr Chiluba, attempts have been made to portray him as 'guilty'. To begin with, this case arose from a civil claim, in a civil court, in the London High Court," he stated.

Chiluba stated that it would therefore be legally folly to determine his status on the basis of such a judgment.

He stated that it was public knowledge that he had disputed the authority and jurisdiction of the London Court judgment on him and Zambia.

Chiluba stated that he had complained that he was dragged before a foreign court by his own government and that such an action only undermined the country's independence and its institutions, thus further degrading the territorial integrity and sovereignty.

He stated that he was currently contesting the registration of the London judgment and he would strongly demonstrate that the judgment, among other things, was procured in a fraudulent manner.

"The matter to register the London judgement of Judge Peter Smith is before the Zambian High Court, and we will therefore not comment any further," Chiluba stated.

He argued that there were no honest or credible reasons which existed to regard him as being guilty of the allegations, other than a sustained political campaign driven by hatred, vengeance and vindictiveness, and pursued by his well known political adversaries.

He stated that it was also a dishonest attempt to show that the now disputed judgment convicting his wife, Regina, was final.

Chiluba stated that the judgment purported to show that Regina received from him [Chiluba] properties and funds deemed to have been unlawfully obtained or stolen.

"We have disputed the findings of this court for its serious flaws and we have consequently appealed against it. The principal question that begs an answer is: 'how can Mrs. Regina Chiluba be convicted for receiving or obtaining goods and properties from Dr Chiluba when he remains innocent of all charges so far because no competent, independent and impartial court has found him guilty yet? How can a judgement be allowed to stand, when it is steeped in speculation and is heavily presumptuous?'" Chiluba stated. "Mrs Chiluba's appeal will therefore be pursued with required vigour to demonstrate her innocence."

Chiluba stated that the concerted campaign to show that such a judgment could have effects on his case was mere malice.

He stated that the dirty campaign was a deliberate attempt to influence the outcome of his case before another court.

He stated that the Constitution promoted an independent and self correcting Judiciary and that in the event that one was not satisfied with the outcome of a lower court, a rigorous and robust appeal process had been provided to guarantee and promote fairness and justice and protect one's rights and freedoms.

"It is therefore totally strange to hear remarks such as ones being peddled by Dr Rodger Chongwe. It is in fact extremely unfortunate that Task Force chairperson, Max Nkole condemned the Constitution and its provisions that allow for the right to bail and right to a reasonable appeal," Chiluba stated. "Both Dr Chongwe and Mr Nkole are lawyers by training, and their assertions are not founded in ignorance but in petty politics."

On Thursday, Dr Chongwe said it was unethical for President Banda to be interacting publicly with a disgraced leader like Chiluba who was crowded with criminal cases.

And on Friday, Patriotic Front (PF) spokesperson Given Lubinda observed that President Banda's interaction with Chiluba was bringing the fight against corruption into question.

He urged President Banda to desist from interacting with Chiluba, saying the former president should be accorded treatment befitting a criminal suspect.

Lubinda said President Banda held so much power and that his interaction with Chiluba would not augur well with regards to the cases the former president was facing.

Labels: CHILUBA, ROGER CHONGWE, THE POST

posted by MrK @ 4:14 AM