Rupiah thanks Zambians for ‘accepting’ Chiluba acquittal

Rupiah thanks Zambians for ‘accepting’ Chiluba acquittal
Written by Chibaula Silwamba, Mwala Kalaluka, Maluba Jere and Zumani Katasefa
Wednesday, August 19, 2009 6:21:51 PM

PRESIDENT Rupiah Banda yesterday thanked and congratulated Zambians for accepting the acquittal of former president Frederick Chiluba on corruption charges.

Speaking at State House in Lusaka after he swore in Hildah Chibomba as Supreme Court judge, Abyudi Shonga Jnr as Solicitor General and bestowed the status of State Counsel on United Liberal Party (ULP) president Sakwiba Sikota and Director of Public Prosecution (DPP) Chalwe Mchenga, President Banda said there was anxiety about what would happen to Chiluba before the judgment.

"I want to thank the Zambian people, your honour the Zambian people today, for having accepted the decision of the Judiciary. I congratulate them because all of us were anxious; we wanted to know what will happen to one of our former presidents. The Zambian people really have to be congratulated for respecting the Judiciary, for respecting this noble institution. Whoever thought of it, wherever he came from, was a very wise person and that's why this should continue to thrive," President Banda said. "In those countries where the Judiciary has been despised and branded and replaced with things less than the Judiciary, the problems have never ended. We are very happy here in Zambia that we have a Judiciary for which we are very proud."

But UPND spokesperson Charles Kakoma said magistrate Jones Chinyama's judgment on Chiluba had opened a Pandora's box for politicians to steal public funds.

Commenting on Monday's outcome of the eight-year case in which former president Chiluba was separately charged with former directors of Access Financial Services Limited (AFSL) - Faustin Kabwe and Aaron Chungu - Kakoma said magistrate Chinyama's judgment was terrible and bad.

"That judgment is terrible. It is a very bad judgment and you see the implication of that is that because politicians are not public officers, it is alright for them, as private citizens, to start stealing public funds," Kakoma said. "It is going to open a Pandora's box where politicians feel it is alright to steal public funds and...get away with it. That is a very bad precedent that the court has set."

Kakoma, who is also Zambezi West member of parliament, said the best the court could have done was to use the judgment to curtail politicians from dipping their fingers in public funds.

"Since we are not public officers, how are we going to be stopped from dipping our fingers in public funds?" he asked.

Kakoma said magistrate Chinyama's whole judgment on Chiluba was also confusing.

"If Chiluba is not guilty, on the other hand the London High Court judgment found him guilty and ordered him to pay back," Kakoma said. "How does that match with this judgment? The two judgments are in conflict. Does that mean that the state will stop registering the London judgment? It is a very confusing judgment. It is not going to help this country in the fight against corruption. It has in fact taken this country many years backwards."

Magistrate Chinyama had argued in the judgment that Chiluba was not a public officer but an elected one.

And PF leader Michael Sata mockingly said Chiluba's acquittal from embezzlement charges had come at a right time to allow him celebrate president Levy Mwanawasa's death in a much more peaceful atmosphere.

"Congratulate him. Give him my congratulations that the acquittal has come at the right time. He should be able to celebrate Mwanawasa's death peacefully," he said. "I do not want to comment on what Rupiah Banda said [in Kabwe]."

Sata said people like Luapula member of parliament Peter Machungwa had always been with Chiluba.

However, Sata said he felt sorry for Chiluba's co-accused persons, Kabwe and Chungu, who had been convicted and sentenced over the corruption charges.

"I feel sorry for my two young brothers," Sata said. "I feel sorry for them and ask them to be brave."

Southern African Centre for the Constructive Resolution of Disputes (SACCORD) executive director Lee Habasonda said Chiluba had already suffered irreparable personal shame despite his acquittal.

Habasonda said the acquittal was not what every Zambian desired.

"While it may not have been the sort of result that every Zambian has desired, we see it as a precedent in Africa that a former president can be tried," Habasonda said. "He [Chiluba] has suffered irreparable shame in the whole process of eight years. As a man in the standing of a president to be subjected to that for eight long years, I think he has been punished."

Habasonda said Zambians were anxiously waiting to see if the state would appeal against Chiluba's acquittal, so as to determine how committed the government was in the fight against corruption.

"The state still has an option to appeal and how they handle this...we will see if they are committed in fighting corruption," Habasonda said. "People of Zambia have now gotten their determination that no matter which office you occupy, you can be taken to court."

Former Radio Icengelo station manager Fr Frank Bwalya said Chiluba's acquittal would dent Zambia's image internationally in terms of fighting corruption.

Fr Bwalya said the development was regrettable.

"The acquittal of Chiluba raises a lot of questions about the judicial system in our country, I think this acquittal, instead of strengthening the perception that other people have about corruption in Zambia, I think it has weakened that perception, the perception would be negative," he said.

Fr Bwalya said it was not true that the acquittal of Chiluba presented the triumph of God's will, saying it did not add any value to the judicial system in Zambia.

"It is not adding any value to our judicial system, the impression created that Chiluba's acquittal represents God's will is not true," he said.

He said Chiluba was acquitted on technicalities, saying the former head of state had used money from the Zamtrop account to pay friends and relatives.

Fr Bwalya said it was not every leader that came from God, adding that God only provides leadership.

"There were a lot of other things that characterised his [Chiluba] reign, I do not believe that Chiluba's acquittal represents God's will, that breaks my heart. God is ready to forgive people who are ready to repent, and not those who just claim to be repentant," Fr Bwalya said.

And opposition UNIP on the Copperbelt expressed displeasure over Chiluba's acquittal.

UNIP Copperbelt provincial information and publicity secretary Brian Chishimba asked their national leaders to review their relationship with the MMD.

"We as UNIP on the Copperbelt Province we are disappointed with the outcome of Dr Chiluba's case who was facing charges of plundering public resources, we're very disappointed as UNIP," he said.

He said there was sufficient evidence that Chiluba did abuse public resources.

Chishimba wondered why the court had left Chiluba scott free and then jailed his co-accused persons.

"Regina was found guilty of being in possession of stolen property, and what about those 150 pairs of shoes, what is the significance of Chiluba's innocence then?" he said. "What about Basil who confessed that he was Chiluba's tailor!"

Several people talked to on the streets of Kitwe expressed displeasure over the acquittal of Chiluba and wondered whether President Banda was continuing with late president Mwanawasa's legacy to fight corruption.

In Luanshya, some MMD cadres rejoiced upon hearing the news that Chiluba had been acquitted.

On Monday, magistrate Chinyama acquitted Chiluba on all counts of embezzling public funds amounting to US $500,000 but convicted Chungu and Kabwe and sentenced them to five years imprisonment.