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Chiluba’s conscience is not free, says Nkole

Chiluba’s conscience is not free, says Nkole
By Patson Chilemba
Tue 07 June 2011, 07:20 CAT

FREDERICK Chiluba’s conscience is not free because he has not been cleared by the higher courts, says Max Nkole. And Nkole said Zambians should vote into office a leadership that is committed to tackling the rampant corruption currently obtaining in the country.

In an interview, Nkole, who is former Task Force on Corruption chairperson, said Chiluba did not walk the streets as a free man because justice was aborted midway. Nkole said he agreed with Law Association of Zambia (LAZ) president Musa Mwenye’s remarks that it set a bad precedent to stop former president Chiluba’s cases midway.

He said the case should have gone to the higher courts because it had both constitutional and criminal implications.

Nkole said the magistrates’ court’s judgment which acquitted Chiluba did not address important constitutional questions such as the opinion of the Auditor General.

He said it would be important to hear what the High Court would say about politicians keeping their private money in a public account.

Nkole said the precedents set by the courts had a bearing on the governance of the country because the conduct of politicians must be seen to be legal and lawful.

He said Zambians wanted Chiluba to be cleared so that his conscience could be free on the cases that were levelled against him, and necessitated the removal of his presidential immunity to face prosecution.

“In so far as justice has been suspended midway by the powers that be means that he doesn’t walk the streets as a free man. I have said that Dr Chiluba’s cases should have gone up to the High Court or Supreme Court for him to be acquitted. He would have cleared the air that the allegations which were levelled against him were frivolous,” Nkole said.

“In so far as it has not gone up to the High Court or indeed the Supreme Court it’s difficult to say that Dr Chiluba remains an innocent person.”

Nkole said as a professional, Director of Public Prosecutions (DPP) Chalwe Mchenga, fully knew that frustrating the due process of the law midway was unconstitutional.

“I don’t believe that he Chiluba feels totally cleared by the courts of law,” he said.

Nkole said in the cases involving Chiluba either party to the proceedings could appeal, which the Task Force did.

“It means that the case is still outstanding in so far as the right to appeal has been refused by the state…it means that the case still remains suspended up to now. And because the case has not been cleared by the highest courts of the land, it’s difficult to believe that Dr Chiluba’s conscience is free,” Nkole said.

“There is one thing the public don’t know which is that late president Mwanawasa had written to say that ‘in the event of a dispute arising concerning the opinion given by the Task Force and that of the DPP on the matters which were in court at the time, president Mwanawasa said that he preferred that the opinion of the Task Force should be the one to prevail’.”

Nkole said he used the executive powers given to him by president Mwanawasa to lodge an appeal in Chiluba’s acquittal, on the understanding that there was a conflict of opinion on whether to appeal or not.

“President Mwanawasa had his own reasons for writing that letter which arose from the issues surrounding the former DPP Mukelabai Mukelabai and the circumstances that led to Mukelabai to leave office,” Nkole said.

“From that time on I think president Mwanawasa did not fully trust the complete professional discretion of the DPP’s office. And although these events have occurred after Mwanawasa’s death i.e. the refusal to appeal, I think it just vindicates what Mwanawasa’s fears were.”

Labels: FREDERICK CHILUBA, MAX NKOLE

posted by MrK @ 1:26 AM