Maravi

Sata warns Rupiah over gratuity

Sata warns Rupiah over gratuity
By George Chellah
Wed 23 Mar. 2011, 04:02 CAT

MICHAEL SATA has appealed to President Rupiah Banda to exercise his moral conscience and withdraw the Presidential Emoluments Amendment Bill. Sata has written to President Banda to immediately withdraw the bill, which seeks to ensure that he qualifies for an early gratuity.

And Sata has stated that the Presidential Emoluments Amendment Bill, 2011 is unconstitutional. In a letter to President Banda dated March 21, 2011, Sata stated that he was deeply disturbed to learn about the government's intention to pass the bill.

“The purpose of the said bill is to; (a) revise the criterion for payment of gratuity to a person who has held the office of President, and (b) provide for matters connected with or incidental to, the foregoing. As a responsible citizen who is committed to the well being of all Zambians, I strongly urge you to withdraw the controversial bill in the interest of the nation,” Sata stated. “As a beneficiary, you should decline to accept such a tempting offer, because it will send a wrong signal to the nation and set a bad precedent. This act will create a ripple effect to every sitting President to offer himself a hefty package as the term comes to an end.”

He stated that the events that have taken place of late, under a strong hand of influence of Vice-President George Kunda, had caused serious distortions in the judicial system.

“You have allowed high profile cases on corruption and abuse of office to be discontinued. This conduct is against public policy and totally unconstitutional, according to article 56(7) of the Constitution, Chapter 1 of the Laws of Zambia, which provides thus: 'In the exercise of the powers conferred on him by this article, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority',” Sata stated. “Instead of allowing the Director of Public Prosecutions to conduct himself as provided for above, you interfered with his constitutional powers, by stopping him from appealing against Frederick Chiluba and went ahead to confer upon him a title of 'State Counsel' as a form of appeasement. This is unacceptable and a betrayal of the trust the people of Zambia had in you when they voted for you.

“You have already diluted the efficacy of Section 37 of the Anti-corruption Commission Act No. 42 of 1996 you repealed through amendment by removing the abuse of office clause and make it difficult to prosecute cases of corruption. Now you have decided to pass a bill with a view to secure yourself a payment package in form of gratuity because you know very well that you do not qualify to receive gratuity at the end of your term under the current provisions in Section 3 of the presidential emoluments Act No. 12 of 2005.”

He reminded President Banda that he was under oath, an oath he took when he was sworn into office to protect the Constitution of Zambia.

“But through this bill you are abrogating the social contract your government has with the people of Zambia to deliver on your promises in exchange for a vote,” he stated.

Sata stated that the constitution under Article 1 and sub Section (2) confers absolute power in the people of Zambia collectively to be exercised by democratic institutions of the state.

“This means that the people's power which you exercise should be supported by their will and if your decision is contrary to the will of the people it means therefore that the decision is illegitimate and the bill is no exception,” Sata stated. “In view of what I have stated, I wish to appeal to your moral conscience to immediately withdraw the bill because it is also unconstitutional. This appeal is based on common interest, that is to say, in national interest and also for the well being of our people who have fallen deep into unfavourable poverty levels. Please Mr President let your moral well being prevail over the temptation you have fallen into.”

Labels: CORRUPTION, MICHAEL SATA, RUPIAH BANDA

posted by MrK @ 4:51 AM