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Parliament rejects Chiluba’s application to get back immunity

Parliament rejects Chiluba’s application to get back immunity
By George Chellah
Tue 03 Nov. 2009, 04:01 CAT

THE National Assembly has differed with former president Frederick Chiluba's lawyers Simeza Sangwa and Associates over their demands to have Chiluba's immunity restored following his acquittal.

Well-placed sources yesterday disclosed that the National Assembly has communicated to Chiluba's lawyers over their demands for the restoration of their client's immunity.

“When you look at the correspondence from the National Assembly, it seems there is no dispute that Dr Chiluba's immunity cannot be restored. It's just the process that is in dispute but that doesn't mean the principle can't be done,” the source revealed.

The source said lawyers from the Attorney General's chambers and the National Assembly were of the view that the procedure, which Simeza Sangwa and Associates was using to push for the restoration of Chiluba's immunity was not correct.

“In essence, they are saying that they don't agree that's the procedure to take if the immunity has to be restored,” the source said. “Basically, they are differing on how the immunity would be restored because there is no provision for that. But others are also arguing that in fact, Dr Chiluba has immunity… his immunity was only lifted, it was not lost. So if anybody wants to pursue Dr Chiluba they have to persuade the National Assembly, again, with separate charges because immunity is never lost it's only lifted. Therefore, if they have to pursue him they will need to lift it on those specific charges again. So those are the divergent views that have come up concerning this matter.”

But when contacted yesterday, Attorney General Mumba Malila said he was not aware of the correspondence between Parliament and Simeza Sangwa and Associates.
When reminded that lawyers from his chambers with those from National Assembly had been dealing with the matter, Malila responded: “Yes, they consult our office on many issues but I haven't seen the letter from Simeza Sangwa, not even the one from Parliament.”

And National Assembly chief research and Press liaison officer, Chikomeni Banda asked for a press query which he could reply to.

About two months ago, Simeza Sangwa and Associates wrote to Speaker of the National Assembly Amusa Mwanamwambwa demanding that he convenes a special session of the National Assembly to consider restoration of Chiluba's legal immunity.

In a letter dated August 18, 2009 to the Speaker, which was also copied to Chiluba and President Rupiah Banda, Simeza Sangwa and Associates called for the restoration of Chiluba's immunity.

The law firm stated that since Chiluba had been acquitted of corruption charges, there was thus no longer any criminal charges pending against him in any court of law in Zambia.

“Our reading of the National Assembly resolution together with Article 43 of the Constitution would appear to suggest that the removal of our client's immunity was not infinite as its scope was limited to prosecution for offences alleged by late president Mwanawasa in his address to the National Assembly,” the letter read in part.

“Indeed, a perusal of the debate by Honourable members seems to show that their understanding of the motion for removal of Dr Chiluba's legal immunity was to facilitate, or give Dr Chiluba an opportunity to clear his name amidst specific allegations made by his predecessor to the House. We in the premises would respectfully demand that you immediately, convene a special session of the National Assembly to consider restoration of our client's legal immunity since the purpose for which the immunity was lifted has been fulfilled.

“The removal of our clients' legal immunity was not intended to last forever. If convening the house at short notice will pause logistical difficulties, we would instead request that you table the matter before the standing orders committee, which in turn will report to the National Assembly its decision for ratification. We hope you will accord this matter the urgency it deserves considering that we are dealing with accrued constitutional rights of a former head of state. We await your urgent response.”

Labels: CHILUBA, LEGAL IMMUNITY, PARLIAMENT

posted by MrK @ 6:02 PM