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Rupiah’s Cabinet secured Chiluba’s acquittal – Sata

Rupiah’s Cabinet secured Chiluba’s acquittal – Sata
Written by Patson Chilemba and George Chellah
Tuesday, September 22, 2009 5:35:31 PM

PATRIOTIC Front (PF) president Michael Sata yesterday said Mike Mulongoti has revealed how President Rupiah Banda’s Cabinet secured former president Frederick Chiluba's acquittal.

And Transparency International - Zambia (TIZ) president Reuben Lifuka said Mulongoti's statement confirms that the government seemingly leaned on magistrate Jones Chinyama in the determination of the case against Chiluba.
Meanwhile, Sata said it is surprising that Chiluba's heart has suddenly cured following late president Levy Mwanawasa's demise.

Commenting on works and supply minister Mulongoti's statement that it would have been costly to jail Chiluba, Sata said all the doubts the public had over the questionable acquittal of Chiluba and the subsequent withdrawal of the appeal by the Director of Public Prosecutions (DPP) Chalwe Mchenga had been cleared by Mulongoti's statement that some people should be able to go to jail while others remain.

"He has revealed Cabinet's decision because whatever Mulongoti was saying on Radio Mano, that was a Cabinet decision. How did this Mulongoti arrive to say they had to buy a house to convert into a prison for Chiluba? And it becomes a nice country where others have to go to prison and others should not go to prison," Sata said.

"And Mulongoti should not talk about me because they lost the case; Sondashi said he was going to appeal. Ludwig Sondashi said he was going to appeal, nobody stood in his way as they are standing in the way of the people. The DPP is standing in the way of the people to appeal against Chiluba."

Featuring on Kasama's Radio Mano last Thursday, Mulongoti said it would have been costly to jail Chiluba. Mulongoti said some people should be able to go to jail while others remain.

On Chiluba's statement that he would take on Sata because he knew his corrupt and thieving ways, Sata said Chiluba tried to report him to the Anti-Corruption Commission (ACC) but his [Chiluba's] immoral intention could not be realised because both ACC and the DPP said the charges were trumped up.

He said Chiluba should be put where he belonged as a trickstar. Sata said he had been cleared of all corruption allegations against him, while Chiluba was praying for President Banda to stop the appeal against his acquittal.

"If there is thieving and corruption, since he left [office], what has he done about it? I can boast. It's documented that he took US $20 million, he gave to his relatives, Katebe Katoto. We have not received a single air gun. And then the other US $8.5 million, we don't know where it came from? So why has he failed to explain? All the people want from him is to explain his source," Sata said.

"Instead of shadow boxing, let's go to Kasama on a platform. I am challenging him for a public debate to see who a true thief is."

Sata said he joined the MMD a rich man while Chiluba was very poor who was being looked after by Ephraim Chibwe.

He said Chiluba's thieving ways in government could therefore be understood because he wanted to be like other people such as Humphrey Mulemba who joined MMD when they were already rich.

On Chiluba's assertions that Sata knew what Chiluba and others did to build PF and would use similar methods to leave it the shell they found it, Sata said Chiluba did not do anything to build PF.

He said if anything, Chiluba tried hard to destroy the PF through the formation of PUDD as well as sponsoring rebellion in the party.

"Chiluba formed his PUDD where he used Peter Machungwa and others to destroy PF. And when they found PF was too strong, it swallowed them. That is when he pleaded with me. If you look at Luapula Province, I have only two original and genuine members of parliament. That is Chitonge of Mwansabombwe and Davies Mwila," Sata said.

"This woman, the friend of Chilubas, Elizabeth Mulobeka, is in Kawambwa with a forged letter purported to have come from me, saying that 'I am too old, I have surrendered the power to Hichilema'. So please tell her to say she is wasting her time. After all we know they know each other with Chiluba for a long time. She should just go and join Chiluba in Mansa.

"Elizabeth Mulobeka knows Chiluba for a very long time. Elizabeth Mulobeka knew Chiluba when she was working for the bank. And it is because of their friendship which made Elizabeth Mulobeka to join politics. He can destroy Mulobeka because he built her from the bank, but he can't destroy me."

And Sata said Chiluba's heart which became troublesome during president Mwanawasa's tenure had suddenly healed.

He said especially after the acquittal, Chiluba had been quiet over travelling to South Africa for medical treatment over his heart condition.

Sata said Chiluba now had the luxury to travel across the country.

"What we are saying, thank you very much to the acquittal because our brother now has recovered fully. We don't hear anymore news of going to South Africa," said Sata.

"...Congratulations to Dr Rupiah Banda because Chiluba's acquittal has even cured his heart, Banda has done lots of good to Chiluba. He has even made him stop going to hospital. Rupiah Banda is everything to Chiluba. Rupiah Banda is a good sangoma [witchdoctor] because he has cured Chiluba's heart. He is a good sangoma."

And Lifuka said Mulongoti had explained why President Rupiah Banda's administration was averse to any appeal against the acquittal.

"Transparency International-Zambia finds the statement by Hon Mulongoti - a confirmation that Government, for political considerations seemingly leaned on the Magistrate - Jones Chinyama in the determination of the case against former president Frederick Chiluba. Whether advertently or inadvertently, Hon Mulongoti has in his statement equally given the Zambian people the reason why the Rupiah Banda administration are totally averse to any appeal process against the acquittal of Dr Chiluba," Lifuka said.

"It also confirms what we have always feared that the Judiciary are not allowed the latitude to make decisions based on legal considerations alone but overarching political ones as well. Hon Mulongoti's statement is not only unfortunate but a tragedy for this country. It is now clear that in this country we have two judicial systems - i.e. one which serves high profile persons for whom political considerations even outweigh legal parameters, and another system that applies to the rest of the Zambians who have the misfortune of not having a political godfather to mitigate for them."

He wondered how many people were in remand waiting for their cases to be heard.

"What is annoying in what was said and not said by Hon Mulongoti is that former presidents and high ranking people in society are not meant for jail but this is the preserve of poor Zambians - most of whom cannot afford expensive legal representation. How many people are in jail for offences that they may not have committed? How many people are in remand custody awaiting for their cases to be held and have their rights denied?" Lifuka asked.

"The statement by Hon Mulongoti - if true, can be construed to be insensitive to the plight of ordinary Zambians some who face the prospect of jail every day at times due to problems such a missing record and general miscarriage of justice. What we find strange about this whole episode is that it is Government on behalf of the Zambian people that took Dr Chiluba to court and in a twist of fate, it is government now celebrating the acquittal of Dr Chiluba even taking on public relations duties on his behalf.

"Indeed forgiveness and reconciliation is necessary but why should this apply only to Dr Chiluba? A number of other high profile persons including former defence chiefs have been convicted in our courts of law and - is Hon Mulongoti saying general harmony is only possible by acquitting Dr Chiluba and not the other people?"

He said the statement by Mulongoti was misplaced.

"On the commingling of personal and public funds, again the statement by Hon Mulongoti's is misplaced and oblivious of existing laws that do not permit such type of financial management. Unless Hon Mulongoti is now advocating for chaos where public officials or is it now elected officials can use government accounts as personal accounts," Lifuka said.

"It will not help government leaders to defend the indefensible because Dr Chiluba still has a number of questions to answer. For instance, we would want to know the source of the funds that Dr Chiluba is claiming to be his and we hope relevant law enforcement agencies are taking similar interest in the matter. It is not so much the fact that Audit reports indicate that the Zamtrop Account had additional funds from those of government but the source of these funds."

He urged Chiluba to provide answers.

"This issue will not go away merely by government leaders defending Dr Chiluba - he himself has to provide answers - before this degenerates into general disharmony. The onus is on Zambians not to allow their intelligence to be insulted," Lifuka said.

Lifuka said TIZ was extremely surprised by Mulongoti's defence of Chiluba whom he attacked about a year ago.

"In the Zambia Daily Mail Newspaper of Friday November 30, 2007, Mr Mulongoti castigated Dr Chiluba and we quote: 'Dr Chiluba was telling lies that government departments had been requested to transfer their insurance policies from the Zambia State Insurance Corporation to Professional Insurance Corporation which, like Finance Bank, is owned by Dr Rajan Mahtani'," Lifuka said.

"Mr Mulongoti further said, 'Dr Chiluba was found liable of theft of public funds by a London Court and was still appearing in court for other cases and that was evident of how bad his regime was. Millions of dollars were not only misappropriated by government officials but were also stolen by some former leaders who were now masqueradering as angels...'"

He said it was clear that some ministers during the late Mwanawasa's regime were making such pronouncements to gain political favours from Mwanawasa.

"These same ministers have started making big u-turns now that Dr Mwanawasa is dead and no longer president and want to please the current president [to gain favours from him] who seems to see nothing wrong in Dr Chiluba's allegations and acquittal," said Lifuka.

"It is very sad that people cannot defend what they were saying under Dr Mwanawasa's time and this should be a timely warning and our free advice to the current President His Execellency Mr Rupiah Bwezani Banda that the same people who are defending him now are capable of castigating him and making big u-turns when he will have no state power just like they are doing today to the late president's legacy."

Labels: MIKE MULONGOTI, SATA, TIZ

posted by MrK @ 4:36 PM