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Decision to award Chongwe $6.7m as compensation is illogical – Patrick

Decision to award Chongwe $6.7m as compensation is illogical – Patrick
By George Chellah
Thu 17 Dec. 2009, 04:01 CAT

PATRICK Mwanawasa has described the government's decision to award Lusaka lawyer Dr Rodger Chongwe US $6.7million as compensation for the 1997 Kabwe shooting incident as illogical.

And Patrick has urged the government to give a firm position on the Chongwe fiasco, wondering why the Ministry of Justice is silent over the issue. In a media statement, Patrick stated that he had followed the events surrounding the Chongwe fiasco with keen interest.

“I am of the view that the decision to award Dr. Chongwe US $6.7 million in damages following the 1997 Kabwe shooting incident was not done in good faith,” Patrick, who is late president Levy Mwanawasa's eldest son said.

“I cannot think of a logical reason as to why a poor country like ours can award an astronomical sum of money to one individual, regardless of whether we may have US$1.7bn in foreign reserves. Government is sued on a daily basis by individuals who have been aggrieved by actions of the police, public servants, government officials and judgments have also been entered based on principles which by far contradict those of Dr. Chongwe's decision, nonchalantly I ask, what is so special about Dr Chongwe?

“It is my understanding that a case of this nature lies in the realm of tort, and as such must be treated as a tortuous liability case. Damages of this nature, except those of pure economic loss, are never liquidated.”

Patrick stated that it was perplexing to note how a foreign judgment of US $45 million involving Chiluba and others could not be registered in Zambia but against all odds that of Dr Chongwe has seemingly been granted.

“We are a sovereign nation, that is to say we have our own laws. The process of registering a foreign judgment is a stringent one, need I remind the power brokers that to date we have still not registered judge Smith's findings on Dr Chiluba as decided in the London High Court,” Patrick stated.

“I have noted with incredulity how Dr Chongwe has attributed his misfortunes (stemming from the Kabwe incident) to Dr Mwanawasa (MHSRIP) in the disguise of a surrogate agent, tasked to pervert the course of justice and I quote; '….Mr Mwanawasa was given lock, stock and barrel to the Zambian People by Mr Chiluba and it is not surprising that he adopted the lies of Mr Chiluba….and the way the UN conducted its hearing about this event'.

“Like any good lawyer albeit exceptional advocate, our late President was a reasonable man, and I disagree with assertions that suggest to the contrary. Dr Mwanawasa was not given to the Zambian people by Mr. Chiluba, rather the electorate (voters) gave Mwanawasa to the Zambian people,” Patrick stated.

“As a man who stood for justice, respected the due process of the law and as the custodian of the people's mandate, I fully appreciate our late President's decision to award Dr Chongwe only sixty thousand dollars of public funds. It is also sad that Dr Chongwe has also seized this moment to belittle our intelligence services, an act which can amount to treason especially that he fled the country unceremoniously. He must be reminded that it was this same intelligence service which facilitated his repatriation back to Zambia.”

Patrick stated that Dr Chongwe should acknowledge that the UN Human Rights Committee only monitors implementation of the International Convenant on Civil and Political Rights (ICCPR) by its member States of which Zambia is a part.

“The implementation of The convenant, and decisions of the human rights committee thereof is left solely to the member states as enshrined in the ICCPR article 2 subsection 3, thus dispelling any notion that the UN Human Rights Committee acted improperly or that the US$5.9 million in damages is justified. Anybody who cares to understand the work of the UN and how it operates shall appreciate that this information is not privy to government alone but is their for everyone's convenience,” he stated.

Patrick explained that the nation had a classic example of UNZA students who were shot and not compensated.

“Most recently, a CBU (Copperbelt University) student was shot and received severe injuries worse than those of Dr Chongwe. Can our Minister of Justice, His Honour the Vice-President tell us how much they are willing to pay him and we trust it will be in the range of US $6.7 million? What is startling about the way this matter has been handled by our government is the mute approach adopted by the Ministry of Justice as a whole, which has resulted in citizens not being informed as to what has actually transpired,” Patrick stated.

He begged that the government gives the country a firm position.

“And I speak as such because the home affairs minister has informed the nation that the President is seeking legal advice, the Ministry of Justice is silent over this issue and the President appears to suggest that he has not given anyone instructions. Reading what Dr Chongwe gave in his statement on Sunday 13 December, it is clear that they were meetings held between the President Mr Rupiah Banda, Hon George Kunda and Dr Chongwe himself, whose details are not known,” Patrick stated.

“It is, however, encouraging to note that the Republican President has stated that he is trying his best to keep the stability of the government as leveled as his late brother left it, and pertinent to the matter at hand, it is even more refreshing that our President has stated that only a mad man can permit US $6.7 million to be paid to an individual using 'public funds'. It is only my hope that statements attributed to our Republican President were accurately quoted.”

Labels: PATRICK MWANAWASA, ROGER CHONGWE

posted by MrK @ 6:07 PM