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There’s collusion between Chief Justice, Rupiah – HH

There’s collusion between Chief Justice, Rupiah – HH
By George Chellah
Mon 16 Nov. 2009, 04:01 CAT

UPND leader Hakainde Hichilema yesterday said there is collusion between Chief Justice Ernest Sakala and President Rupiah Banda in dispensing unbalanced justice to the people of Zambia.

Commenting on justice Sakala's response to PF leader Michael Sata's concerns over his directive that cases involving people suspected of plunder and corruption be heard by a panel of three judges, Hichilema accused justice Sakala of introducing a dual legal system.

“By his admission that the high profile cases need a panel of judges… at law there should be no discrimination. So it means the Chief Justice who we have entrusted to deliver us with free and fair justice is in the lead in creating a dual justice system,” Hichilema explained.

“One for the rich and powerful, one for the poor. Basically, one for the rich and powerful, one for the rest of us.”

He wondered what justice Sakala was implying.

“He is breaking that confidence the people of Zambia have. But also it's important that he has admitted that the public have lost confidence in the judicial system,” Hichilema said.

“If you look at your today's article on Rupiah Banda saying why he refused to appeal, Rupiah is explaining why he refused to appeal in Chiluba's acquittal.”

Hichilema argued that the judicial system must take its natural course and an appeal process is part of the judicial system.

“Now you can see why Rupiah Banda gets away with anything he wants because there is definitely collusion with the Chief Justice in dispensing unbalanced justice to the people of Zambia. And in my view this shows you how the country has degenerated to a level where a head of state can issue instructions on the non-appeal and also the Chief Justice is creating a dual legal system without having gone to Parliament,” Hichilema said.

“…Because what the Chief Justice must do is go to Parliament before he can implement that law. He can say that there is a piece of legislation that says a panel of judges can be appointed. But he is misapplying that piece of legislation because he is saying…'because this case is high profile'.

“I have not seen a legal piece that says because this case is high profile then it justifies a panel. That's the way he has expressed it. It's really sad that the country has degenerated to this level. So where will the Zambians go to? What recourse will they have? They can't have a fair judicial recourse, they can't have an appeal process, they can't have police protection. I am sure you are aware that we are being brutalised here in Solwezi.”

He accused the police of shielding the MMD in the Solwezi by-election.

“MMD minister Elijah Muchima and Kalenga were distributing mealie-meal in the night in Kyawama compound here. We alerted the police and we complained, the police responded by sending Muchima more policemen to protect him whilst he was distributing mealie-meal, sugar and salt to voters against the electoral Act. They started chasing our cadres who are the complainant,” Hichilema said.

“So I am just showing you that there is a total breakdown of law and order in our country. And the chief propagator of disorder is Rupiah Banda himself, now the Chief Justice is joining in line. The electoral commission is in that line, the police are in that line, where would the Zambians go?”

He said Zambians must make a decisive move to remove MMD from office before the country is distorted beyond repair.

In his letter to Sata dated November 11, 2009, which was also copied to the minister of justice, justice Sakala stated that the measure of a panel of three judges has been used before him:

“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,” he stated.

He stated that 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,” Justice Sakala's letter read in part. “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 be 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.”

And in his letter to justice Sakala, Sata challenged him 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 explain 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.”

This 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: ERNEST SAKALA, HAKAINDE HICHILEMA, RUPIAH BANDA

posted by MrK @ 5:19 AM