Banda risks being prosecuted for corruption, warns Lubinda
Banda risks being prosecuted for corruption, warns Lubinda
By Chibaula Silwamba and George Chellah
Thu 10 Dec. 2009, 04:01 CAT
PF spokesperson Given Lubinda has warned that President Rupiah Banda and others facilitating the payment of US $5.9 million about K27.5 billion to Dr Rodger Chongwe risk being prosecuted for corruption in future.
And former home affairs deputy minister Kennedy Sakeni has warned that President Banda must not take Zambians for granted.
Commenting on Lusaka lawyer Dr Chongwe's justification of his compensation over the shooting he suffered under the Frederick Chiluba regime in 1997 in Kabwe and his admission that President Banda played a role in helping him get the compensation, Lubinda wondered why Dr Chongwe was being given US $5.9 million while many people including University of Zambia (UNZA) and Copperbelt University (CBU) students were shot, wounded and killed by the police without compensation.
“If Dr Chongwe is extremely aggrieved and he wants to be compensated, can he go to court not the United Nations Human Rights Commission? How many Zambians who have gone to the United Nations Human Rights Commission have had their cases recommended and government has not done anything? Let alone how many people have gone to our own Human Rights Commission here in Zambia and the commission has recommended action to be taken by government but the government has not taken any action? How many?
When has the United Nations Human Rights Commission ever become a court of law? It's not a court of law,” Lubinda said. “If there is any money paid to Rodger Chongwe without the determination of the courts the one who shall instruct that payment, the one who shall effect that payment and the one who shall receive the payment, all of them will be complicit to corruption and mark my words they shall be pursued.”
He said this was not a threat but timely advice.
“My advice to Mr Rupiah Banda is that he must realise that Zambia is not Rupiah Banda and Sons and Clan Limited Company. The Republic of Zambia is a country in which every citizen has stakes and as such, Mr Rupiah Banda must ensure that in whatever he does, the due process of the law and the tenets of good governance are applied,” Lubinda said.
“The reason we have courts of law in Zambia is so that the Executive does not abuse power, so that the Judiciary, the adjudicators superintend over disputes. In this particular case, Mr Rupiah Banda has given himself judicature power; he is now determining matters that are supposed to be in courts.”
Lubinda advised Dr Chongwe not to accept the money without the court's determination.
“Let me suggest to very learned lawyer, Rodger Chongwe, can he please proceed to the magistrate court or the High Court so that the courts can determine if indeed he deserves to be compensated US $5.9 million about K27.5 billion at yesterday's exchange rate. When did the court determine that being bruised cost Rodger Chongwe US $5.9 million? Who determined that? Who was the assessor?” Lubinda asked.
“In this particular case, the assessor is Rupiah Banda. The one who has made the ruling is Rupiah Banda. The beneficiary is Rodger Chongwe ... We know that Mr Rupiah Banda cannot do things like this without having a cut.”
He warned the President against his action.
“After this, like my president Michael Sata said, Mr Rupiah Banda is determined to give Mr Chiluba his so-called US $8 million. What is in it for Mr Rupiah Banda? Let me advise that he may use power now but power is not for him to keep forever. There will come a day when Zambians will make him account for decisions that he is making,” Lubinda said. “Mr Rodger Chongwe will also face the law if he proceeds with that, saying 'because the United Nations Human Rights Commission recommended', therefore, he deserves to be given US $5.9 million of tax payers' money when millions of people are having the rights infringed against on a daily basis without any compensation.”
He advised President Banda to be careful with his compensation to Dr Chongwe because that would open a Pandora's Box, which he would fail to contain.
“Many people have been shot by the police without compensation. The University of Zambia students, the CBU Copperbelt University students, when are they going to be compensated? If Rodger Chongwe gets US $5.9 million just for being missed by a bullet, what about those young children whose bones were broken by gunshots? They deserve to be paid much more,” Lubinda said.
“Let him President Banda do what is expected of him to encourage his relative to go to court so that the courts can determine. He cannot determine this matter himself.”
He observed that Dr Chongwe was being compensated for political reasons.
“Your readers will remember that Rodger Chongwe was one of the architects of Rupiah Banda's campaign. He was in forefront campaigning for Rupiah Banda. Rupiah Banda is paying back Rodger Chongwe for his involvement in his campaigns,” Lubinda said.
Lubinda said President Banda was not taking Dr Chongwe's matter to court the way he was opposed to the registration of the London High Court judgment against Chiluba in Zambia.
“This man has no regard for the Zambian courts and believes that he himself can determine all matters,” said Lubinda.
And Sakeni wondered how President Banda's government arrived at US $5.9 million as compensation to Dr Chongwe.
"It's criminal actually because not even life insurance can cost that much. How do you pay someone that amount as if he was killed? Not even for someone who was killed can compensation be that much...that's too much. What kind of mathematical calculations did he use to arrive at that figure?" Sakeni asked. "Dr Kaunda only got a paltry K500 million and you want to give this fellow something like US $5.9 million. There is something very funny about the whole thing. Let them be open and Rupiah Banda must not take the people of Zambia for granted! That's my end of year message to him."
He wondered if Dr Chongwe's matter had been registered in Zambia for it to be recognised and the compensation claim granted.
"Have they registered it here in Zambia for them to proceed with compensation and for the President to get fully involved like this? I have asked this question because these are the same issues we are battling with as a nation on Chiluba's London judgment case. It should be registered before it's enforced," he said.
He said home affairs minister Lameck Mangani had been caught in a web of lies.
"If the information on this matter is false as Mangani claims, why is he investigating those leaking falsehoods? How do you investigate falsehoods? Mangani has been caught in a big web," Sakeni said.
He said President Banda's government needed to be cautious.
"By the time these guys realise that they have committed offences against the Zambian people it will be too late. Why are they behaving like they are not Zambians, they are just visiting?" Sakeni asked. "As if they are foreigners for them to just rip off the country like this? Yes, he may have been born in Gwanda, Zimbabwe, but this is Zambia."
He said President Banda's administration's time was running out quickly.
"We know they are working with some disgruntled former heads of state and some politicians from neighbouring countries but that won't work, just like it failed during the third term campaign. They pumped in millions during the third term but it flopped," said Sakeni.
Dr Chongwe justified his compensation claim, saying he was happy that the government would implement the decision and that President Banda played a part in the matter.
This week, The Post exposed President Banda's instruction that Dr Chongwe be paid US $5.9 million as compensation for the injuries he suffered during the 1997 police shooting in Kabwe.
Labels: GIVEN LUBINDA, ROGER CHONGWE, RUPIAH BANDA
posted by MrK @ 6:07 AM
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