Maravi

Chiluba still owes Zambians the money he stole – Kabimba

Chiluba still owes Zambians the money he stole – Kabimba
By George Chellah and Salim Dawood
Fri 20 Aug. 2010, 14:00 CAT

WYNTER Kabimba yesterday said Frederick Chiluba will remain shackled by the London High Court judgment as long as he lives and even beyond his grave. But chief government spokesperson Ronnie Shikapwasha said the government has no intention of appealing against Lusaka High Court judge Evans Hamaundu’s ruling on Chiluba.

Commenting on judge Hamaundu’s decision to throw out an application by the state to register the London High Court judgment that found Chiluba and others liable for theft of about US$46 million public funds, Kabimba said the ruling only prevents the execution of the judgment.

“Whereas it is appreciated that the Zambian High Court made a ruling against the registration of the Chiluba London High Court judgment purely on the ground that there is no law or statute in Zambia, which will support such registration,” Kabimba said, “the fact of the matter still remains that the London judgment, which was granted in favour of the Zambian people through the government as the plaintiff still remains a valid judgment against Chiluba.”

He said the non-registration of the judgment in Zambia did not in any way vitiate the judgment itself.

“It only prevents the execution of the judgment. According to the London judgment, which Chiluba did not appeal even as he had the right and opportunity to do so for reasons best known to himself, Chiluba will go down in the history of Zambia as the first president to have stolen public funds from the people of Zambia.

The judgment will therefore remain an albatross around Chiluba’s neck for as long as he lives and even beyond his grave,” Kabimba said.

He said the London High Court judgment would also form part of Chiluba’s legacy as president for the 10 years when he was in power.

“In my view, the non-registration of the judgment by the High Court is not intended to declare Chiluba innocent vis-à-vis the London High Court judgment.

And Chiluba cannot use this lacuna in our statute books to walk with pride on the streets of Lusaka because according to that judgment, which was internationally circulated, the man still carries a tag of a thief in the eyes of the people of Zambia and the international community,” Kabimba said.

“In history, Chiluba joins the ranks of former president Alberto Fujimori of Peru, former prime minister Kakuei Tanaka of Japan, former president Mobuto Seseseko of the then Zaire, former president Sani Abacha of Nigeria and many others.

That is the club to which he belongs. And for a former head of state to belong to such a group of thieving former presidents, it cannot be a matter of pride for him irrespective of what 'a damn good president' he was according to President Rupiah Banda.”

He said the fact remains that Chiluba stole from Zambians.
“The non-registration of the judgment by the High Court is merely a temporary setback for the Zambian people to claim what was taken away from them by Chiluba during his reign,” said Kabimba.

“It is my view that this is a wrong that posterity will put right, and it doesn’t matter how long it takes. Chiluba still owes the Zambian people the money he stole from them.”

But in an interview, Lieutenant General Shikapwasha said the government had more important things to pursue than appeal against judge Hamaundu’s ruling and subsequently undermine the work of the judiciary.

“The government is satisfied with the ruling, just like it is satisfied with any High Court ruling,” Lt Gen Shikapwasha said.

“Let us not undermine the judiciary, you cannot today celebrate the acquittal of a Post Newspapers editor and the following day, you start condemning the judiciary for another decision. That’s being hypocritical.”

Lt Gen Shikapwasha said those who felt that the government had a hand in the High Court ruling should report to the police, the Anti-Corruption Commission (ACC) or the judiciary instead of running to the newspapers.

He denied accusations that the government had a hand in securing the High Court ruling.

But when reminded that it was the state that applied to have the London High Court judgment registered in Zambia, Lt Gen Shikapwasha responded: “We accept the decisions from the High Court anytime, Chansa Kabwela, we did not appeal against the ruling. There are more important things to do than pursuing cases and undermine the work of the judiciary.”

Last week, judge Hamaundu threw out government’s application to register the London High Court judgment that found Chiluba and seven others liable of theft of about US$ $46 million of public funds.

Labels: CORRUPTION, COURTS, FREDERICK CHILUBA, GIVEN LUBINDA, WYNTER KABIMBA

posted by MrK @ 7:13 PM