Sata explains Chiluba’s desperation for immunity

Sata explains Chiluba’s desperation for immunity
Written by George Chellah
Saturday, August 22, 2009 6:05:21 AM

PATRIOTIC Front (PF) leader Michael Sata has said former president Frederick Chiluba is rushing to Parliament for the restoration of his legal immunity in order to protect himself from the enforcement of the London judgment.

Commenting on the letter by Chiluba's lawyers - Simeza Sangwa and Associates - where they have demanded that Speaker of the National Assembly Amusaa Mwanamwambwa convenes a special session of the National Assembly to consider restoration of Chiluba's legal immunity, Sata said the London judgment case had not been disposed of.

"Chiluba is rushing to Parliament to get his legal immunity restored because he is trying to protect himself from the enforcement of the London judgment," Sata said. "If I was Chiluba I would have waited for this thing [London judgment] to be diluted as well."

He said it would be very interesting to see how President Rupiah Banda's government would act on the matter.

"If the matter goes to Parliament, it will be interesting to see how Vice-President George Kunda who is the leader of government business in the House will handle this matter. Don't forget that he is the one who was representing the Zambian government in the London High Court and they secured this judgment on behalf of Zambians," Sata said.

"What is George Kunda going to talk about in Parliament? How is he going to push for the lifting of Chiluba's immunity knowing fully well what transpired in the London High Court? All the facts in this matter were provided by George Kunda and that's how they ended up securing that judgment.

"It will be very difficult for George Kunda to go to Parliament. That's why he should either resign or let a new person go and present this matter in Parliament because it will not be proper for George Kunda to present this matter to Parliament."

Sata said the government could not have it both ways.

"George Kunda was telling the people of Central Province that Rupiah will uphold Levy's legacy, what legacy? The Zambian government is being very dishonest to its people," Sata said.

"The MMD members of parliament were the same people who argued for the lifting of Chiluba's immunity, so we will see how they will again debate or behave in reverse to restore it."

He said President Banda was simply telling Zambians that under his leadership, corruption must be tolerated.

"So let him pardon all those languishing in prison so that they can come and celebrate together with Chiluba. All those generals they have convicted should be pardoned. It will be very difficult to fight corruption in this country anymore," Sata said.

And featuring on Joy FM radio, Sata said he would defeat both President Banda and Chiluba in the next elections.

"In Rupiah's own lopsided opinion he thinks Chiluba can upside PF. Last year, he tried to use him and he lost Luapula and Copperbelt. He [Chiluba] tried to form PUDD and he failed," he said.

He said Chiluba has been very free.

"Last year he went to campaign against me in Luapula, Copperbelt and Northern province but I defeated him because he had no truth," Sata said.

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 is thus no longer any criminal charges pending against their client in any court's 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 clients' legal immunity was not intended to last forever. If convening the House at short notice will pose 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."