Thursday, August 20, 2009

Something is seriously wrong with Chiluba and his acquittal

Something is seriously wrong with Chiluba and his acquittal
Written by Editor

There is a lot that is happening since Frederick Chiluba’s acquittal on Monday that raises a number of questions.

Chiluba’s own acquittal raises many questions. Without attempting to delve into the merits or demerits of Chiluba’s acquittal, many people are asking how such an intelligent magistrate, lawyer like Jones Chinyama can acquit Chiluba and at the same time convict Faustin Kabwe and Aaron Chungu. Faustin and Aaron were convicted for failing to explain the K70 million that was used to buy shares for Aaron in Access Financial Services Limited.

This is interesting because Chiluba told Chinyama that he had US $8 million in a government account whose sources he could not explain and yet he was acquitted. We could raise many questions about how such an intelligent judicial officer came up with such a clearly questionable and contradictory decision.

We will also be forgiven for asking: what happened on Friday, August 14? Chinyama should have delivered his 445 page judgment on that day. He simply did not sit and in such a high profile matter has offered no explanation for not delivering his judgment when he should have. From the little law that we have learnt, we know that justice must not just be done, it must also be seen to be done.

Against this background, it is interesting to see Chiluba characteristically jumping up and down claiming all sorts of things. Now that he knows that he has Rupiah Banda’s protection, support and patronage, Chiluba is now wanting to go back to parliament to pre-empt or thwart any chances of him being held accountable for the many sins he has committed. Chiluba knows very well that the money involved in his fraudulent schemes is much more than the US $500,000 for which he was being prosecuted in the Magistrate’s Court in Lusaka.

Chiluba, whatever he says now, is an accomplished thief and facts speak for themselves. He knows that there is a London High Court judgment waiting to be registered and enforced against him. This is why he is jumping back to Parliament hoping that this case can be stopped.

There is no way Chiluba would have such courage to try and move Parliament unless he knows that Rupiah will facilitate and back him. This is not surprising because Rupiah thinks Chiluba was a damn good president and expects Zambians to be happy with the acquittal. It’s okay Rupiah can keep his friend out of prison but he should not be allowed to help him keep the money he has stolen from the Zambian people to himself when there is a court judgment to facilitate the return to the Zambian people of the money Chiluba stole.

But it is said that thieves have no shame; that is why they are thieves because a person with shame cannot steal from such a poor country, one of the world’s poorest countries, one of the world’s poorest nation and people. We say this because Chiluba knows that even the house in which he is today sleeping in Kabulonga’s Serval Road is a product of his corrupt schemes and the house is on the list of properties to be recovered from him under the London High Court judgment. He bought this house using Zambian intelligence services money through his criminal accomplices, Cave Malik and Company. We challenge him to deny this!

Chiluba hopes that all the Zambians have got short memories and have not been following what has been happening in these matters. For him, everything is about dribbling, manipulation, conniving, intrigues, lies, deceit and cheap propaganda. And this is Rupiah’s bedfellow now. One wonders what this relationship is built on. But we have no doubt that it can only be built on one thing and one thing only: corruption, dishonesty and abuse.

We have not forgotten the well-documented accounts of Chiluba’s systematic theft of public funds from ZANACO and other public enterprises.

Chiluba’s chief of intelligence, Xavier Chungu, testified in the 2001 presidential election petition on how Chiluba asked him to raise money for the election through the intelligence. Xavier confessed that they raised money from government contracts and other sources. He also revealed in court that they used to collect money from ZANACO for all sorts of private reasons and the Ministry of Finance would be forced to pay it back on their behalf. Xavier and Chiluba were running a revolving theft fund at ZANACO. They steal, Ministry of Finance covers up their theft.

Samuel Musonda, the then managing director now convicted of abuse of office by Chinyama, told Chinyama that he used to deliver cash to Chiluba at State House. Chinyama convicted him for abuse saying Musonda, Chiluba and Xavier were involved in abusing public funds.

With all these thefts that Chiluba was involved in, what nonsense is this that he is now bringing up? What immunity is he asking for? Immunity to keep stolen property? The assistance Chiluba has gotten from Chinyama shouldn’t be stretched too far. At best, Chiluba should just use it to stay away from prison because trying to push his luck beyond that will backfire not only on himself but on his accomplices as well, those who are helping him to continue his abuse of the Zambian people, his enjoyment of stolen money. We just hope in their hearts of hearts, all who are part of this conspiracy can see the fallacy, the folly of their scheme. This matter will not end here. In Bemba they say umulandu taubola. One day, the full story of Chiluba’s acquittal and all the things he is trying to do now will be known to all our people. There are no permanent secrets in this world. That’s what Chiluba and his friends should know. All will soon be known and the price will be paid by all who are part of this conspiracy.

Chiluba is a very interesting man. As we have stated before, his shamelessness is something to marvel at. We cannot understand how a man who told the court in not so many words that he was receiving corrupt payments through Xavier can now claim to be clean, to be a man of God. What cleanliness is this? What type of god is he talking about? If Chiluba had any money which was legitimate, unlike the money Faustin and Aaron were convicted for, why did he have to hide it? Why did Chiluba turn his chief of intelligence into his chief cashier and paymaster? Anyone looking at this matter honestly would have to agree that what Chiluba and Xavier were involved in is laundering stolen money through an account they thought no one would ever look at.

But this is the man Chinyama has found to be innocent! How? Well, in the future these matters will be explained not by Chinyama, but will be explained. In the future, people will know who betrayed a public trust and abused public resources and offices. This will certainly happen. It may happen tomorrow, it may happen next week, it may happen next year. But it will certainly happen. Time is not of importance in this matter. What is important is that it will happen and those involved in this conspiracy should know that it will happen. We are 100 per cent sure of this and that’s why we are stating it with all the certainty and confidence in the world.

Rupiah has got the right to choose his friends. Friends, unlike one’s blood relatives, are freely chosen. And people only make friends with people they have something in common with; friends are not just chosen anyhow – they must always be a thread that binds one with his friends. It is also said that every creature prefers its own kind, and people are no different. Just as animals of the same species flock together, so do people keep company with those like themselves.

A sinner has no more in common with a devout person than a wolf has with a lamb. Truly, birds of the same feather flock together. The Bible also says can two walk together unless they are agreed? Rupiah is free to agree with Chiluba. He is free to be Chiluba’s friend. No one can choose friends for a 73-year-old man. But Rupiah should not be free to give away what does not belong to him to his friends.

Chiluba and his tandem of thieves stole. Let them surrender what belongs to the Zambian people to them – it is simply a question of giving to Caesar what belongs to Caesar, giving to the people what belongs to the people. Chiluba did not steal from Rupiah, did not take Rupiah’s personal money, he stole from the Zambian people, from public resources belonging to the poor Zambians. This being the case, a personal deal between Chiluba and Rupiah cannot decide matters over public funds and resources.

Chiluba was acquitted of having stolen US $500,000. He was not acquitted of having stolen from ZANACO. He was also not acquitted of using state funds to buy the Kabulonga house where he today lives. There are many assets today which were recovered from Chiluba and his associates. These need to be restored to the public. It is nonsense to cry for immunity so that he can keep the things that he has stolen. It will not be wise for Rupiah to connive with Chiluba and restore his immunity so that they keep that loot.

These are the realities, these are the facts and truths Chiluba does not want to face. Chiluba is not clean! Chiluba will never be clean! Chiluba is a thief!

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