Maravi

Chiluba’s acquittal: who is fooling who?

Chiluba’s acquittal: who is fooling who?
By The Post
Tue 02 Mar. 2010, 04:00 CAT

FROM the analysis of Frederick Chiluba’s acquittal by magistrate Jones Chinyama, it is clear that law was not the basis upon which the decision was made.

There were definitely other considerations that were taken into account to acquit Chiluba. We say this because there is clearly no point of law that any competent tribunal could have advanced to acquit Chiluba.

And there’s no point of law that could be said to have been reasonably advanced by Chinyama to acquit Chiluba. And Chiluba and his friends – Rupiah Banda, George Kunda, Chalwe Mchenga, among others – know this very well.

And this is the reason why they have vehemently refused to let Chiluba face an appeal over his acquittal. The decision to acquit Chiluba is unreasonable at law and on the basis of fact.

And it is judgments of this nature that are bringing the judiciary and our entire judicial process into disrepute.

With what Professor Muna Ndulo has said, it must be clear to every reasonable Zambian that the refusal to appeal against Chiluba’s acquittal was not only unreasonable but a fraud against our people.

It is actually an act of corruption which cannot in any way be reasonably defended by those involved in it. If there is a change of government tomorrow, Rupiah, George and Mchenga should be made to answer for their part in this clear fraud, deceit, cheat and unbridled manipulation and abuse of our judicial process.

We do not believe that any of the people who were involved in letting Chiluba go scot-free thought he was innocent. They all know that Chiluba committed crimes against our people and should have been convicted but for some reason they thought it was beneficial to them to let him go.

If there was a mistake by Chinyama to acquit Chiluba, there was still an opportunity to remedy this. And if those involved in this acquittal of Chiluba and its sustenance were in any way honest and sincere in their dealings, they would have not withdrawn that appeal against what is clearly a wrong judgment by Chinyama.

They were quick to withdraw the appeal because it went against their scheme, it was going to defeat their evil designs. Both the acquittal and the refusal to appeal that judgment are a fraud at law.

All that they are relying on to sustain their agenda is their ability to abuse power – to abuse the court process and the powers of the Director of Public Prosecutions. It is no wonder the Law Association of Zambia has called on Mchenga to resign from his position as Director of Public Prosecutions.


What Professor Muna Ndulo has said makes it very difficult to accept that Chinyama’s acquittal of Chiluba was correct. The contradictions do not leave room for that type of conclusion.

That is not the only issue that makes Chiluba’s acquittal questionable and unacceptable. The behaviour of Rupiah, George, Mchenga, Mike Mulongoti and other minions following Chiluba’s acquittal raise a lot of questions.

Even Rupiah’s own behaviour, his statements in Kabwe as Chinyama was reading Chiluba’s judgment raised serious questions of collusion, of a deal to acquit Chiluba having been entered into in advance.


We have not forgotten that Rupiah was asking the nation to accept the outcome of Chiluba’s trial in terms that suggested he knew something. Before people have the chance to digest the implications of Chiluba’s acquittal, Rupiah was at it again thanking them for accepting the acquittal.

Clearly what Rupiah was asking the Zambian people to accept before the reading of Chiluba’s judgment was completed was not the conviction of Chiluba. We say this because Rupiah himself has stated this in so many ways that he would have been very sad if Chiluba had been sent to jail.

So there is no way Rupiah would have asked the Zambian people in advance to accept Chiluba’s conviction. And moreover Rupiah knows very well like every one of us that the majority of the Zambian people were ready to celebrate Chiluba’s conviction because it is them who had demanded the removal of his immunity so that he could be prosecuted for stealing from them, for abusing their very limited resources.

What Prof Ndulo has said also explains why Chiluba is so desperate. Chiluba was not acquitted because he is innocent. And Chiluba knows it; his friends also know it. This is why he is so desperate and has resorted to parading himself as Rupiah’s chief cadre.

Chiluba knows that his freedom depends on Rupiah and not on the law. He will do anything to make sure that Rupiah is there to protect him.

What is interesting however, is that this dribbling thief seems to have convinced Rupiah that he can improve and guarantee his political fortunes, especially among the Bemba-speaking people of Zambia and probably of Katanga.

We are not surprised that Chiluba thinks that he can make immense contribution to Rupiah’s political fortunes. It’s shocking that Rupiah has fallen for it.

There are not many of our people who remember Chiluba as president fondly. His crimes are too well known and associating with Chiluba is as good as condoning his misdeeds and one telling the world that he is like him – like him in corruption, in crookedness, in lies, in abuses of power and violation of human rights.

This is what happens to politicians who are more interested in the offices they hold than the people they are required to serve. These people will do anything to get or to maintain power. Their arrogance and sense of entitlement blinds them.

This is what explains people thinking Chiluba can help them to win an election. If Rupiah and his minions had any regard for our people, they would not be anywhere near Chiluba.

In a round about way, Rupiah’s behaviour is good for our country because our people have the opportunity to know him for what he is and what he stands for before it’s too late. And that’s his inclination towards corruption, wrongdoing and evil practices.

Rupiah defends wrongdoing and is prepared to fight for wrongdoing. And one who defends wrongdoing and fights for it, is equally a wrongdoer who should be dealt with in the same way we deal with other wrongdoers. Rupiah’s public admiration of wrongdoers like Chiluba demonstrates his true colours.

Rupiah proclaimed Chiluba - a man who he knows very well to be a thief - a damn good president. What damn good is Rupiah seeing in a thief? Is being a damn good thief something admirable?

As for Rupiah, George and Mchenga, their day for answering for all this is coming. They will not get away with this daylight fraud, robbery, deceit, abuse, manipulation of our judicial process.

Labels: CHILUBA, CORRUPTION

posted by MrK @ 6:07 AM