Chiluba is just waiting for immunity to be rubber-stamped, says Sata

Chiluba is just waiting for immunity to be rubber-stamped, says Sata
Written by Patson Chilemba and Chibaula Silwamba
Thursday, September 10, 2009 4:09:32 AM

PATRIOTIC Front (PF) president Michael Sata yesterday argued that the Republican Constitution does not provide for the restoration of the legal presidential immunity once it has been lifted.

Reacting to former president Frederick Chiluba's statement that his immunity would be restored by Parliament very soon, Sata said it seemed that the former president already had a timetable for the restoration of his immunity and was just waiting for someone to rubber-stamp it. However, Sata said it was unconstitutional for Chiluba to demand for the restoration of his immunity.

"What is the use of even going to Parliament if he says ‘I will have my immunity soon?' He has already got his immunity; it's just the question of rubber-stamping it. That is what he is telling us. He has already got a timetable when the immunity will be given to him," Sata said when he addressed the press at his Farmers House office. "The Constitution which we are on now has a proviso for removing the immunity but has no proviso for reinstating the immunity."

On Chiluba's argument that it was amazing that no one had questioned the audit findings of the Bank of Zambia and Grant Thornton on the Zamtrop account, and that these institutions verified that there was money in the same account, Sata said what the Zambian people were interested in was for Chiluba to tell them where the same money came from.

"[The] forensic audit claims there was some dubious money in Zamtrop account. But it did not confirm that it belonged to Chiluba. Where did he get it from? What did he sell? How did the money end up in Zamtrop account?" Sata asked.

"Yes, the forensic audit said there was some money which they cannot trace the source. There was extra money than the money which was funded in by the state. So president Chiluba should not be twisting the story to say ‘forensic audit’, because the forensic audit could have proved that, that was his own money."

Sata said Chiluba should explain where he got the US $8.5 million, saying if it were his money, he would not have been scared to hide it in the state’s account.

He wondered who in this world was too rich to give Chiluba US $8.5 million at the time.

"If it was in those days of slave trade, we would have said he sold some slaves," Sata said. "Why? He didn't hide suits in a government account."

On Tuesday, Chiluba said his immunity would be restored by Parliament very soon.

On the celebrations of Chiluba's acquittal by MMD leaders and cadres in Mansa on Monday, Sata said the MMD demonstrated in favour of corruption.

He said it was abuse of power and public resources to have transported MMD national chairman Michael Mabenga, MMD deputy national secretary Jeff Kaande and cadres to hold their demonstrations in Mansa.

"How many people have been acquitted in Luapula Province? Have we ever seen any demonstration? If somebody is cleared in court, does it need the entire government to go and justify and demonstrate?" Sata asked.

"If they wanted to demonstrate, it would have been much easier for Mr Mabenga to stay here and demonstrate in Lusaka. Why go and stage a demonstration in Mansa, exhibiting tribalism?"

Sata said it was un-African and inhuman for Mabenga and his colleagues to have staged a demonstration in Mansa when their fellow party leader Benny Tetamashimba was lying in the mortuary.

"Are they human beings?" he asked. "I did not send Chiluba to court. I did not remove Chiluba's immunity. PF did not send Chiluba to court. It is the people who were demonstrating, under different leadership of Mwanawasa who removed Chiluba's immunity, who took him to court."

Sata said now that there was a new leader President Banda, the MMD wanted to hoodwink the people by distancing themselves from the position they took on Chiluba during late Levy Mwanawasa's tenure.

He said in 2006, his support of Chiluba cost him the election, saying people like Mabenga even accused him of politicising the lifting of Chiluba's immunity at the time.

"They are the same people who went to Parliament with their cadres here in Lusaka to remove Chiluba's immunity, and today they think there is a new Parliament in Mansa," Sata said. "They called me all sorts of names. Mabenga in Barotseland called me kalisholi, Sata lisholi ya Chiluba."

Scores of MMD cadres in Mansa on Monday marched around the town centre to celebrate Chiluba's acquittal on corruption charges.

The cadres were addressed by Mabenga, Kaande and local government deputy minister Chrispin Musosha.

And later in an interview, Sata thanked President Banda for heeding the people's calls to reduce the mandate of the National Constitutional Conference (NCC).

He said the President had saved the nation from wasting billions of taxpayers money.

Sata said President Banda should go a step further by scrapping the whole NCC.

"I don't know why [Vice-President] George Kunda is there. When the President is disputing 10 months, he is nodding his head, and when in NCC, the same George Kunda was nodding his head. So we don't know, probably his head nods to everything," he said.

Sata asked for NCC chairperson Chifumu Banda's resignation for lying in the name of the President.

He said President Banda had bowed to pressure from opposition political parties and Non-Governmental Organisations (NGOs) not to extend the duration of the NCC.

Sata said the opposition political parties, NGOs and the media were very instrumental in changing President Banda's decision on the NCC.

"When there is a strong and united opposition, they are going to provide checks and balances to the government and when you have strong media representatives wherever they are they are going to provide accurate information. The protest which was spearheaded by PF and supported by NGOs - Dickson Jere when he analysed the news he went to tell the President, ‘Mr President, it's not worthy’," Sata said. "And he [Rupiah Banda] is the President, he can't come and say ‘I have reduced the extension from 10 months to four', he has to be diplomatic, he is the President."

However, he said Chifumu Banda could not lie that President Banda had approved the extension of the life of the NCC, but the latter just changed his mind after pressure from the public not to go ahead with the extension.

"Chifumu Banda also has integrity, there is no way Chifumu Banda can manufacture the timetable of the NCC because he could have done that a long time ago. But at the moment that is not important. What is important is when there is a strong, united opposition and they concentrate on issues, they will resolve the issues but when you have a feeble opposition, you will not get anywhere," said Sata. "We are very grateful to [President Banda's chief analyst for press and public relations] Mr Dickson Jere and we are also very grateful to the President for hearing our protest that it is not necessary to extend the life of NCC. Even four months is already too long, even two months increase is too long. We need to get rid of that NCC because there is nothing coming from there; it's just sangwapo [free for all]."

On Monday, President Banda disputed Chifumu Banda's announcement that he had approved the extension of the life of NCC.

"I saw the report, although I have been travelling of late but I saw a report where it was alleged that I had given 10 extra months for this [NCC], it's not true. It's only four months by now left to complete the work," said President Banda.

On September 1, 2009, during the opening of NCC sessions, Chifumu Banda announced: "I am pleased to inform you all that on 14th August, 2009, the President of the Republic of Zambia, His Excellency Rupiah Banda in accordance with section 22 of the NCC Act extended the duration of the NCC by 10 months."