Maravi

Chiluba wants his immunity restored

Chiluba wants his immunity restored
Written by George Chellah
Thursday, August 20, 2009 5:03:47 PM

SIMEZA Sangwa and Associates has written to Speaker of the National Assembly Amusaa Mwanamwambwa demanding that he convenes a special session of the National Assembly to consider restoration of former president Frederick Chiluba's legal immunity.

In a letter dated August 18, 2009 to the Speaker, which was also copied to Chiluba and President Rupiah Banda, Simeza Sangwa and Associates called for the restoration of Chiluba's immunity.

"Dear Sir, restoration of legal immunity for second Republican president Dr Frederick Jacob Titus Chiluba. We act for Dr Chiluba who has instructed us to contact you in connection with the above stated subject matter. Kindly therefore note our interest," the law firm stated.

"You will recall that following the late president Dr Levy P Mwanawasa SC's address to the special session of the National Assembly where he made several allegations of criminal conduct against our client, the National Assembly did on 16th July, 2002 resolve to remove our client's legal immunity to make him amenable to the criminal jurisdiction of the courts in Zambia and to allow Law Enforcement Agencies fully investigate allegations made against our client.

"The decision by Parliament was immediately followed by our client's arrest and prosecution, which he endured for the last 7 years. As you no doubt should be aware, our client has now been cleared of all allegations brought against him following his acquittal by the Subordinate Court of the First Class."

The law firm stated that there was thus no longer any criminal charges pending against their client in any courts of law in Zambia.

"Our reading of the National Assembly resolution together with Article 43 of the Constitution would appear to suggest that the removal of our client's immunity was not infinite as its scope was limited to prosecution for offences alleged by late president Mwanawasa in his address to the National Assembly," they stated.

"Indeed a perusal of the debate by Honourable members seems to show that their understanding of the motion for removal of Dr Chiluba's legal immunity was to facilitate, or give Dr Chiluba an opportunity to clear his name amidst specific allegations made by his predecessor to the House. We in the premises would respectfully demand that you immediately, convene a special session of the National Assembly to consider restoration of our client's legal immunity since the purpose for which the immunity was lifted has been fulfilled.

"The removal of our client's legal immunity was not intended to last forever. If convening the House at short notice will pause logistical difficulties, we would instead request that you table the matter before the standing orders committee, which in turn will report to the National Assembly its decision for ratification. We hope you will accord this matter the urgency it deserves considering that we are dealing with accrued constitutional rights of a former head of state. We await your urgent response."

Labels: CHILUBA, LEGAL IMMUNITY

posted by MrK @ 4:05 PM