Maravi

CJ should clear issues on Rupiah’s parentage, insists Phiri

CJ should clear issues on Rupiah’s parentage, insists Phiri
By Bright Mukwasa
Thu 23 June 2011, 08:20 CAT

CHIEF Justice Ernest Sakala should set up a tribunal to clear issues surrounding President Rupiah Banda's alleged false declaration during the 2008 presidential nomination, says Milton Phiri.

Phiri, who is Zambia’s former high commissioner to Botswana and Malawi, said justice Sakala was expected to respond to the issues he raised in his letter in the most honest and professional manner.

“The Chief Justice should constitute a tribunal to look into that matter and chief Chikuwe himself should appear before that tribunal to give information about what he knows on President Rupiah Banda and these issues,” said Phiri in an interview.

Phiri said he refused to respond to chief Chikuwe's summon because he was not his subject and had no right to petition him.

“I don't hail from his chiefdom, only chief Chikomeni can summon me through my paramount chief Gawa Undi. I’m not his subject. By the way, those issues I raised are constitutional matters and as such it has nothing to do with tribe but with the Chief Justice,” he said.

Phiri advised President Banda not to abuse the state-owned and government-controlled media in his desperate attempt to dispute issues raised regarding his parentage.

“The villages I saw on the screen the other day looked very new in my eyes. There were no permanent structures, it looked like a fishing camp. Let him not abuse his villagers,” he said.

He said he was not “stupid and dumb” to raise the issues about President Banda without doing his homework.

“I know his family well... Alick Banda, now late, Alick Banda and Rupiah's father were brothers. Alick and Rupiah grew up together. Let him refuse. Only the truth will set him free. I'm not all that stupid to come up with that story from nowhere,” said Phiri.

In a letter dated May 19, 2011, Phiri 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,” stated Phiri.

Labels: CONSTITUTION, ERNEST SAKALA, PRESIDENCY, RUPIAH BANDA

posted by MrK @ 5:28 PM