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Tuesday, June 21, 2011

Rupiah interferes with delivery of justice - Nkole

Rupiah interferes with delivery of justice - Nkole
By Patson Chilemba
Tue 21 June 2011, 04:00 CAT

SENIOR Chief Puta’s assertion that President Rupiah Banda promised to terminate Katele Kalumba’s corruption cases confirms there is political interference in the dispensation of justice, says Maxwell Nkole.

Commenting on the refusal by the MMD in Chiengi to adopt parliamentary and local government aspirants until President Banda fulfils his promise he made to them to free area member of parliament Kalumba, Nkole, who is former Task Force on Corruption chairperson, wondered why the President and those in government had failed to respond to the damning allegations against them.

“I think the issues raised by chief Puta to say that he was promised that Dr Kalumba’s cases will be politically terminated just confirms that there has been interference in the way justice has been administered, because the statement from chief Puta and the people of Chiengi has remained unchallenged, meaning that it confirms that it should be true,” he said.

Nkole said that was why the nation demanded that late president Frederick Chiluba’s acquittal should have been appealed against because people suspected that there was political interference in the judgment.

He said the revelation from the people of Chiengi was testimony to the fact that there was political interference in some court cases.

“Literally, they are saying that the President promised to terminate Kalumba’s case in the same manner he had done with Chiluba’s case. And this is what we have said that political interference in the dispensation of justice should be avoided,” Nkole said.

He said it was apparent that there was selective justice where those who were in good standing with those in government received advantages to go scot-free as opposed to the ordinary citizens.

Nkole said the independence of the courts was limited, saying that was why there should have been an amendment to the Republican Constitution to provide for more independence to the courts.

“The Constitution required to be amended in order to limit powers of the DPP Director of Public Prosecutions, because those powers of the DPP are not absolute. He has got constitutional powers but there has to be limitations because leaving the DPP with powers which say he has got absolute powers I think was not the intention of the legislature,” Nkole said.

“Where you have a DPP maybe who is easily influenced by political powers then that actually dilutes the whole essence of his independence.”

On Chiluba’s death, Nkole said it was sad to have lost two presidents under just three years.

Nkole said it was wrong for MMD cadres to bar people from attending the late president’s funeral.
He said it would be better to give Chiluba a honourable farewell.

Nkole said there was nothing personal in the prosecution of Chiluba over corruption cases, saying the same MMD-dominated Parliament lifted his immunity which opened the way for his investigations.

The MMD in Chiengi has resolved not to receive applications from those wishing to stand as members of parliament until Kalumba is ‘freed from his corruption cases’.

The party structures in the area have also resolved not to conduct interviews for those wishing to stand as councillors.

The MMD in Chiengi wondered why Kalumba had not been set free as promised by President Banda, who they say had freed the likes of late Chiluba, former intelligence chief Xavier Chungu and education minister Dora Siliya from their court cases.

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