Maravi

Chief Justice Sakala must resign – Kalala

Chief Justice Sakala must resign – Kalala
Written by George Chellah
Wednesday, September 23, 2009 4:10:32 AM

CHIEF Justice Ernest Sakala must resign to save the integrity of the Judiciary now that Mike Mulongoti has exposed the collusion between the government and the Judiciary on Frederick Chiluba's acquittal, former special assistant to president Levy Mwanawasa Jack Kalala has said.

And UPND leader Hakainde Hichilema yesterday said Mulongoti's statement on Chiluba's acquittal confirms that President Rupiah Banda's administration has a grip on the Judiciary. In an interview, Kalala said Mulongoti's statement was reckless and unbecoming of a leader.

"Outrageous to say the least. It's tantamount to insulting the intelligence of the people of Zambia. It is vulgar and annoying. The reasons advanced by Mulongoti for acquitting Chiluba are frivolous and do not make sense to justify government's intervention to have Chiluba acquitted. Mulongoti's statement does not augur well for the country," Kalala said. "What will other nations think of us, particularly the donors? They will think that Zambians are not worth assisting. And it paints a bad picture of the government and the party, it goes to show that the leadership condones corruption and that as far as the government is concerned some people are above the law."

He said the statement put the Judiciary in bad picture because it showed that the institution was compromised hence not independent to dispense justice fairly.

"It is also not in the interest of the acquitted person because by implication Mulongoti is saying that 'Chiluba was guilty but we didn't convict him because he is a former president'. So Chiluba will die a guilty person because people will continue to think that he was just favoured so it's not helpful to him," he said.

Kalala wondered whether the government was being fair on the Army generals who had already been convicted.

"Didn't they render valuable services to this country? In fact, in terms of number of years, they served this country more than Chiluba did. So justice should be seen to be fair to all the citizens of this country. It's unfair to convict some people and let others to go free. The impression being created is that if you are a politician you are above the law. If you are a public servant the law is above you and that's a recipe for problems in the country," Kalala said. "The reasons Mulongoti gave are frivolous and do not make sense. What is important is justice to be seen to be made. Kaunda was incarcerated at Mukobeko inspite of him having served as president for 27 years. No prison or provisions were made for him. The houses Chiluba sold or gave away were built by Kaunda. Is Mulongoti telling us that Kaunda didn't have supporters in the country?"

He said Kaunda did a lot more for the country than Chiluba.

"But this is not to say Chiluba didn't do anything. If the criteria of charging a person is based on achievements between Kaunda and Chiluba then who deserves better treatment? At the time Kaunda was arrested Mulongoti was in government as a deputy minister did he protest against the putting of Kaunda at Mukobeko?" Kalala asked. "By his statement Mulongoti has let the cat out. What was speculation in the minds of people has been confirmed by Mulongoti. Of course there are certain things done in the interest of the nation by government but those things are kept as top secrets. You don't brag about them. Instead of bragging the best thing to do for a leader is to do damage control."

He said the complicity or collusion of the government and Judiciary had been exposed.

"The people concerned should resign immediately starting with Mulongoti himself, the Chief Justice, magistrate Jones Chinyama and the DPP for betraying the people of Zambia and for compromising the Judiciary. Just like former Chief Justice Mathew Ngulube resigned on Zamtrop, Sakala must resign to save the integrity of the Judiciary," Kalala said. "People must continue to have confidence in the Judiciary. I have a lot of respect for the Chief Justice whom I have come to know through my work in government. I think in this case to save his integrity he must resign."

Last Thursday on Radio Mano in Kasama, Mulongoti said it would have been costly to jail Chiluba.

Mulongoti said some people should be able to go to jail while others remain free.

And Hichilema said Mulongoti's statement clearly confirms that President Banda's administration had a grip on the Judiciary.

"Very clearly his statement is a confirmation because of the way government and President Banda has been acting on all these issues. And Mulongoti saying that 'the judges are human beings they need to keep political order', political stability in whose mind? Political stability in whose mind?" Hichilema asked. "What stability when people are hungry, their children are out of school, there are no medicines in the hospitals, what is the stability they are talking about? And for a judge to be saying that they will understand the political stability needed, it means that when somebody commits a crime they will not rule to get that person jailed just because of the political expedience of a few people.

"When you reach that level then you know that, that leadership as the MMD leadership is, is taking this country in a dark hole. It's a clear message it's a warning to the people of Zambia that we need to make a move, we need to take a break and get another team in office."

He said what Mulongoti was saying was reminiscent of somebody who is confused.

"Trying to justify something that really does not deserve justification. All of it just the way he is presenting matters, his reasoning is completely flawed. It lacks logic because to argue the way he was arguing...'some must go in some must stay outside'. So who do you decide must go in, a poor Zambian? If a Zambian commits a crime because they are called influential or they are leaders they must stay out," said Hichilema.

"I am not advocating for people to be jailed anyhow. I am saying the rationale or his thinking is just...to describe Mulongoti's thinking, he is simply confused. I think those are views of a desperate group of people who will do anything and everything just to stay in office. Even if it means breaking the law as they are doing in the Zamtel case, they will do that."

Labels: ERNEST SAKALA, HAKAINDE HICHILEMA

posted by MrK @ 3:11 AM