Wednesday, June 02, 2010

Katele’s conviction brings Chiluba back in the dock - Prof Hansungule

Katele’s conviction brings Chiluba back in the dock - Prof Hansungule
By Ernest Chanda
Tue 01 June 2010, 04:30 CAT

PROFESSOR Michelo Hansungule has said MMD national secretary Katele Kalumba’s conviction has brought Frederick Chiluba back in the dock.

Commenting on the sentencing of Kalumba and three others to five years imprisonment for corrupt practices, the South Africa-based human rights lawyer charged that since former president Chiluba did not run a clean government, all other officers fell into his corruption.

He said Chiluba should have a moral duty to explain what happened during his administration.

“If he thought he was home and dry, this particular case brings former president Frederick Chiluba back in the dock. Most of these people, important as they were, could not have exposed themselves to the point of accusations and now convictions, save for their appeals, they will have to serve had it not been for their president Chiluba,” Prof Hansungule said.

“Whatever accusations against Dr Kalumba are actually misguided missiles meant for Chiluba. If Chiluba had run the state on the basis of the principles of good governance, only a few people around him would have been in such misfortunes. But it is because the head was rotten that the entire body was rotten.”

Prof Hansungule said Chiluba had a moral duty to shed some light on what really happened on finance management during his presidency.

“He cannot enjoy his ‘freedom’ when children of all these convicts languish without proper family support. A project like the Supreme and High Court security would never be authorised without the president’s authorisation,” Prof Hansungule said.

“He knows about this and can help his friends by saying what he knows about it. He must explain his own involvement in his own corruption case and cases such as this.”

Prof Hansungule insisted that Zambians would continue to question Chiluba’s acquittal until the truth came out.

“An acquittal, even if it is genuine, is not an acquittal from God. At some point, the truth will come out. As former President, the one who presided over the statecraft when all these nasty things were happening, he has a moral and God’s duty to explain them,” Prof Hansungule said.

“After all, what freedom is your freedom when all your close personal advisors are locked-up, languishing in jail? This and some of the previous cases demonstrate that if left on their own, Zambian courts can be ruthlessly independent. Though only one out of several bad decisions, it is always very encouraging when it happens. With this decision, the judiciary including the prosecution has added enormous value to the sacred principle that ‘no one is above the law’, which is a cornerstone of good governance. Coupled with democracy which ensures periodical change of power, and, therefore, the opportunity to take stock of the previous regime’s conduct, it is possible to achieve good governance.”

Prof Hansungule said Kalumba’s conviction was a big blow on the ruling party and asked MMD to do a soul search of itself.

“Katele Kalumba's conviction is a huge blow to the MMD government. Though he was not in government, the fact that he was Secretary-General of the party in government inevitably brings the government into the equation,” Prof Hansungule said.

“It is particularly worrying that he is found guilty of things he did or ought not to have done in his capacity as Minister of Finance. Ministers of Finance are supposed to be totally above board but here we are! The MMD should do some soul searching of itself instead of pretending that it is business as usual.”

Prof Hansungule, however, cautioned Kalumba against claiming that he individually helped Zambia qualify to the Highly Indebted Poor Countries (HIPC) completion point.

“But there is only one issue that needs to be clarified. Minister Kalumba has been quoted as saying ‘this is the punishment for his work as finance minister’. He said he did a splendid job taking Zambia to HIPC completion point. If he was correctly quoted, this is very bad for the former minister to say. Government decisions are not made by one minister, not even the president. Of course in dictatorships, they are. But I thought Zambia masquerades as a democracy!” Prof Hansungule said.

“If Zambia is a democracy, Mr Kalumba would be totally out of order to claim credit to a policy and the result of all the people involved. Second, I fail to see the link between the HIPC completion point and the charges for which the former minister stood accused. It might be that he was trying to make a very important political point but nothing is coming out. Should we understand this to mean HIPC is equals to corruption? What is the point he is trying to drive here?”

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