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Refusal to appeal Hamaundu’s judgment retrogressive - NGOCC

Refusal to appeal Hamaundu’s judgment retrogressive - NGOCC
By Patson Chilemba
Wed 25 Aug. 2010, 04:01 CAT

NGOCC has described government’s not to appeal Lusaka High Court judge Evans Hamaundu’s decision to throw out an application by the state to register the London judgment against Frederick Chiluba as baseless and retrogressive.

Commenting on statements from government leaders that Zambians should accept 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, Non Governmental Coordinating Council (NGOCC) executive director Engwase Mwale asked the government to appeal the judgment.

“We take keen interest because this high profile case is indeed a public interest case that should be devoid of political expediency. Government should be reminded that utmost responsibility need to be applied even as the case is being set aside. From our point of view, judge Hamaundu’s judgment, despite its technicalities, clearly provides an opportunity for the due process of the law to be taken further through common law action,” Mwale stated.

“Therefore we find government’s assertions (through Hon Shikapwasha as government spokesperson) that any appeal in this case would be detrimental to development as baseless and retrogressive to justice provision.”

Mwale stated that NGOCC continued to follow the process of registering the London judgment against Chiluba and others in the Zambian court of law, with not just keen interest, but also mindful of its broad repercussions on ordinary Zambian citizens.

She stated that the case involved colossal sums of money in millions of US dollars, which could greatly benefit the majority of women and children who were currently disadvantaged in many areas of social development.

“We bring to the fore the challenges faced in the health sector and government’s procuring of a loan of $53 million for un-prioritized mobile hospitals. Surely this state of affairs cannot be allowed to pass without adequate attention to how much resources would be sipping through Zambian hands if this case is not followed through,” Mwale stated.

“The legal costs incurred in this case are another issue requiring holistic attention in deciding an appeal - and immediately so.”

Mwale stated that it was evident that the validity of the London High Court judgment was not in contention at this point, but that there was an opportunity to take the process further.

“It is our expectation as NGOCC that the Attorney General recognises this fact and institute the appeal process against this case given the various merits highlighted,” Mwale stated.

She wondered why those in government were now backtracking from registering the judgment when they were the ones who successfully won the case for the Zambians in London.

“This is what we refer to when we talk about accountability. We agreed with government when they lifted Chiluba’s immunity. The government should now show the same zeal they showed when the registered the London judgment by appealing the judgment,” said Mwale.

Labels: CORRUPTION, ENGWASE MWALE, EVANS HAMAUNDU, JUDICIARY, NGOCC

posted by MrK @ 5:51 AM