Chongwe’s compensation claim is academic, says Kabimba

Chongwe’s compensation claim is academic, says Kabimba
By George Chellah
Sat 12 Dec. 2009, 04:01 CAT

LUSAKA lawyer Wynter Kabimba yesterday said President Rupiah Banda’s decision to award Dr Roger Chongwe US $5.9 million about K27.5 billion has no legal basis because there is no international civil court that has jurisdiction in Zambia outside the provisions of the foreign judgments Act.

Commenting on 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 to get the compensation, Kabimba described Dr Chongwe’s compensation claim as academic.

“I expect the Attorney General whether acting or not to advise the President accordingly and properly that this is not possible under the Zambian law as it exists today. And I am sure Dr Chongwe is just taking a chance, that’s why in the past they Chiluba and Mwanawasa’s governments have just ignored him,” Kabimba said.

“He has made similar claims in the past and they have just ignored him. Rupiah Banda will be making an illegal payment and if that doesn’t amount to corruption, then I don’t know what it is because any money released by the government Treasury must be backed by law.

“Dr Chongwe has not even attempted to register that kama judgment because I am sure he knows. There is no international civil court that has jurisdiction in Zambia outside the provisions of the foreign judgments Act.”

Kabimba said the question that arises now is the enforceability of Dr Chongwe’s judgment in Zambia.

“As you know, the law is that no judgment of any court or tribunal outside Zambia is enforceable in Zambia, unless that judgment has been registered and has become part of the jurisdiction of the Zambian judicial system,” Kabimba said. “That’s why even the Chiluba London judgment is a subject of debate now.”

He said the foreign judgments Act lists countries whose judgments could be registered in Zambia once obtained from any of the listed country.

“In other words, if you obtain a judgment in Zambia you can enforce it in the UK as long as you have it registered in the UK. As far as I am concerned, that so-called UN tribunal that gave Dr Chongwe that award it’s not one of those courts recognized under our foreign judgments Act,” said Kabimba. “For anybody to start debating that Dr Chongwe should be given that compensation is academic. It will be a political payment because it has no legal basis under the Zambian law. It won’t have any legal basis.”

Recently, 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 was after home affairs minister Lameck Mangani denied that President Banda had authorised payment of US $5.9 million K27.5 billion to Dr Chongwe as compensation.

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.