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Chiluba will never have immunity back – Kabimba

Chiluba will never have immunity back – Kabimba
By George Chellah
Wed 04 Nov. 2009, 04:01 CAT

Chiluba will never have his immunity back because Parliament has no powers vested in it to confer or restore it, Lusaka lawyer Wynter Kabimba has said.

Commenting on the National Assembly's differences with former president Frederick Chiluba's lawyers Simeza Sangwa and Associates over their demands to have Chiluba's immunity restored following his acquittal, Kabimba dismissed the manoeuvres to restore Chiluba's immunity.

“There is no provision in the Constitution under which this guy (Chiluba) can hope to have his immunity restored. The beginning should be that parliament has no powers vested in it to confer or restore immunity on a sitting President or a past president; that's the first principle,” he said.

Kabimba said immunity on a sitting President is conferred by the Republican Constitution.

“Immediately a President takes oath of office under Article 40 of the Republican Constitution, the Constitution automatically confers immunity on him. Under Article 43 sub article (1) and (2) of the Republican Constitution; no civil or criminal proceedings can be commenced against a sitting President and that includes a person acting or performing the functions of the President,” Kabimba argued.

“This immunity is absolute and Article 43 (1) and (2)…the immunity is absolute for as long as you are a sitting President. Now let's get to Article 43 sub article (3), there is nowhere were the Constitution is using words like suspension or lifting of the immunity.

“Those arguing that the immunity was only lifted, it was not lost are reading words into the Constitution, which are not there. All these words being used are not in the Constitution. I am making a distinction between immunity of the head of state, which is absolute and the one for a former head of state, which is qualified.”
Kabimba said there was nowhere under Article 43 where Parliament had powers to restore the immunity.

He insisted that the determination by Parliament was not amenable to review.
“The lesson to learn from the Chiluba case, in my view, for past presidents and for Rupiah Banda in particular, is that he might end up becoming an ordinary person like anybody else on the streets or just as he was at his farm before he became President,” Kabimba said adding that the function of Parliament was clearly stipulated in the Constitution.

“Article 62 of the Constitution gives you the only function or responsibility of Parliament and the only function or responsibility of Parliament is legislative power, that's all. So if you are going to say Parliament must restore immunity, you have to find that function or power in the Constitution,” Kabimba said.

“Parliament's power is legislative power…to make laws, finished. We can all help Mr Chiluba by simply telling him that he is now an ordinary person and he will remain so.”

Labels: CHILUBA, LEGAL IMMUNITY, WYNTER KABIMBA

posted by MrK @ 5:03 AM