Maravi

Sata accuses Chief Justice of protecting plunderers

Sata accuses Chief Justice of protecting plunderers
By George Chellah
Sun 15 Nov. 2009, 04:00 CAT

PATRIOTIC Front (PF) leader Michael Sata has said Chief Justice Ernest Sakala is protecting plunderers through his directive that all high-profile criminal appeal cases involving people accused of plunder and corruption be heard by a panel of three judges.

Reacting to justice Sakala's response to his letter dated November 10, 2009, Sata argued that the measure adopted by justice Sakala was selective.

“Whilst we appreciate the thinking of the Chief Justice but why is it selective? Why doesn't it apply to each and every case? We want him to say every new case will be heard by three judges, he is talking about three heads being better than one…those three heads should be applicable to all appeal cases,” Sata said.

“He is protecting plunderers. We know that law exists, it has been used before. It must be applicable to each and every case which is on the list of appeal and not what Rupiah Banda is instructing him to do.”

Sata mockingly emphasised that in his response to his letter justice Sakala was talking about 'profile' cases.

“He can't come and start at the High Court and he can't come and start this only when Chiluba's wife is involved. How many times has Xavier Chungu appeared?” he asked.

He demanded that justice Sakala should also instruct the provinces that three judges would be hearing all appeals.

“He should also change the system because the same system he is quoting is also applicable on the lower court…using his own saying that two brains are better than one and that three is even best,” he said.

Sata dismissed justice Sakala's argument that the measure had been taken because the records of these particular cases were voluminous, bulky and involved complex issues.

“In short he is telling us that he wants to speed up in protecting the plunderers. Magistrates continue hearing these voluminous cases alone. It's not only these plunder cases, all criminal cases are voluminous depending on how many witnesses you have,” said Sata.

In his letter to Sata dated November 11, 2009, which was also copied to the Minister of Justice, justice Sakala stated that this law has been there for many years.

“Dear Mr President Sata, Re: High Court Sittings on Appeal. Your letter dated 10th November, 2009 on the above subject, refers. I confirm that pursuant to Section 334 of the Criminal Procedure Code, CAP 88 of the Laws of Zambia, I did direct that all high Profile Criminal Appeal cases from the Subordinate Courts, involving people accused of plunder of the people's resources and corruption in public office, be heard by a panel of three judges,” read justice Sakala's letter to Sata in part.

“This law has been there for many years. It has been used before me. It is, therefore, not correct, “that this is new arrangement of hearing appeals”. I have not introduced a new system. The measure has been taken because the records of these particular cases are voluminous, bulky and involve complex issues.

“Above all, the measure has been taken to enhance the Zambian people's confidence in the judiciary. The English adage is that “Two Heads are better than one.” Certainly, “Three Heads must best than one.” From the foregoing, I hope you will continue to have confidence in the judiciary. In the meantime, I wish you and your family very good health. Yours Sincerely, E.L Sakala, Chief Justice.”

Earlier in his letter to justice Sakala dated November 10, 2009, which was also copied to the Minister of Justice, Sata challenged justice Sakala to explain the reasons behind his directive that appeals in corruption cases involving Regina Chiluba and Gladys Nyirongo should be heard by a panel of three judges.
Sata demanded that justice Sakala explains the new system to the people of Zambia.

“Dear Sir, Re: High Court Sittings on appeal. During the ZNBC main news last night 9th November 2009 the corporation carried a news item to the effect that the appeal for Mrs. Regina Chiluba from the Magistrates Court to the High Court before the Honourable Mr Justice Hamaundu shall be heard by a panel of three judges instead of one, as has always been the case. This also applies to the appeal by the former minister of lands Mrs Gladys Nyirongo and that this new arrangement of hearing appeals is a directive from your office,” read Sata's letter to justice Sakala in part.

“The judiciary is and has remained the mirror of our society in the eyes of our citizens. You have a duty as a public officer to explain to our people the reasons for introducing such a new system especially when the cases involved are those of people accused of the plunder of the people's resources and corruption in public office. Is there any special reason for this new system and why now? I hope that you shall be in a position to explain this matter to the Zambian people if the judiciary is to retain their confidence.”

Last week, Lusaka High Court judge Evans Hamaundu informed the court that a panel of three High Court judges would hear former president Frederick Chiluba's wife, Regina's appeal against her conviction.
The matter was coming up for commencement of trial and was supposed to proceed for four days.

Chief resident magistrate, Charles Kafunda sentenced Regina to three and a half years simple imprisonment after being convicted on six counts of receiving and being in possession of stolen State property.

Labels: CORRUPTION, ERNEST SAKALA, SATA

posted by MrK @ 9:54 AM