Phiri writes CJ over Rupiah’s candidature

Phiri writes CJ over Rupiah’s candidature
By Bright Mukwasa
Sat 21 May 2011, 04:01 CAT

MILTON Phiri has written to the Chief Justice Ernest Sakala over the alleged false declaration of President Rupiah Banda when he presented his nomination papers as a presidential candidate in 2008.

In a letter dated May 19, 2011 Phiri, Zambia’s former High Commissioner to Malawi and Botswana, accused President Banda of making a false statutory declaration before justice Sakala to the effect that both his parents were Zambians when in fact not.

“It has come to my attention that he did not qualify to stand under Article 34(b) of the Constitution which reads that “a person shall be qualified to stand as a candidate for elections as President if both his parents are Zambian by birth or by descent,” read the letter in part.

“While fully aware that at least one of his parents was not a Zambian as prescribed under this article, the President chose to present himself as qualified to stand when the right and honourable thing to do would have been to exclude himself from standing.”

Phiri stated that he was confident in the ability of justice Sakala to protect and defend the Supreme law of the land and ensure that the Constitution was respected by all regardless of their position in society.

“That a crime of perjury might have been committed by the President is for those who are charged with enforcing the law to worry about. But I thought that I should bring to your attention as one of the institutional protectors of the institution that accepting nomination papers from the current President in future elections while Article 34 (b) is still in force may be seen as condoning an illegality.”

And Phiri, who is also MMD founder member, said he was not going to back President Banda if he insisted on contesting this year’s election.

And briefing journalists in Lusaka on Thursday, Phiri dared to reveal more details regarding his claims depending on President Banda’s response. He hoped President Banda would confront the matter comprehensively.

“I am both capable and willing to furnish this country with details pertaining to the charges that I have made at this press conference. The President's response or lack of it will determine how we proceed in the next days,” he said.

Phiri said the breach of both the Constitution and trust was carefully conspired between President Banda and those around him who saw his election as a sure guarantee for jobs.

Phiri served as High Commissioner to Malawi and Botswana between 1992 and 1999 in the Chiluba regime.