Kunda justifies Chongwe’s payment

Kunda justifies Chongwe’s payment
By Ernest Chanda
Sat 19 Dec. 2009, 04:01 CAT

VICE-President George Kunda has justified government's intention to pay Lusaka lawyer Rodger Chongwe about US $6.7 million as compensation over a shooting incident that happened in Kabwe in August 1997.

Addressing the media at his office yesterday, Vice-President Kunda said since Zambia was a signatory to the UN Convention on Human Rights, it was important that such rights be respected.

“Dr Chongwe was shot by the police, and even the medical evidence is there that a bullet entered his body. Where it entered, the exit of the bullet, all these things, he was treated, he was taken to theatre; therefore he must be compensated. In any case we are a third party to the UN Convention under which he filed this claim. And if Zambia was found liable to pay compensation to Dr Chongwe we were not in government ourselves. It has always been the position of government, even when the late president Levy Mwanawasa was there, when I was Attorney General myself, that Dr Chongwe should be compensated.

What has remained is the issue of compensation,” Vice-President Kunda said. "Now you see this matter is being handled now, it's crowded in politics as a political issue. It should be handled as a legal human rights issue, and this is how we are going to treat this particular case and settle it; it's a legal issue. There is what you call a ruling from the UN Human Rights Committee that Zambia should pay compensation to Dr Chongwe. Now, what's the point of us signing up these international conventions and we don't honour them?"
However, he said the case was being handled by the Attorney General's chambers to negotiate for a lower settlement.

"This particular case is being ably handled by the office of the Attorney General in accordance with our constitutional provisions and the UN Convention of Human Rights under which Dr Chongwe's claim was lodged. This matter has been ably explained by State House. The only aspect I wish to add is to confirm that this matter was handled regularly and is firmly in the hands of the Solicitor General who will engage Dr Chongwe with a view to achieving a negotiated settlement. There are many cases, which the Attorney General deals with. Some even involving more money than this money you are talking about of Dr Chongwe. He handles them, he is our constitutional office holder and is entitled to representing us in the best possible way," he said.

Vice-President Kunda also described calls from the Law Association of Zambia (LAZ) and other stake-holders to have the civil claim registered in Zambia, as incompetence of the highest order.

"That is ignorance per excellence and ignorance of the highest order; and it's coming from the Law Association of Zambia. Which judgments are registered in the High Court? It must be from another court. Under what provisions are we going to register that judgment? Even the registration of foreign judgments, does it refer to rulings, for example, of the African Union?

Suppose the African Union makes some rulings, we must go and have it registered?" asked Vice-President Kunda. "Under what law? So, those are just hallucinations and trying to mislead the public; there's no such thing under our laws. And it's up to us, there are many cases which we settle without being registered. If we wrong a citizen he makes a claim, for us if he's not in court there are times when we sit and determine that this one needs compensation and the person can be compensated. It's not all cases that must be registered in the courts of law."