Maravi

How did Rupiah free Chiluba from corruption charges?

How did Rupiah free Chiluba from corruption charges?
By The Post
Wed 03 Aug. 2011, 14:00 CAT

Ben Mwila says it will be abominable if the people of Luapula refuse to vote for Rupiah Banda because he freed the late Frederick Chiluba from corruption charges. Mwila says:

“That’s why PF became strong. Twalefwaya yapususha ba Chiluba. Nomba ba Chiluba balibapususha kale kuli ba Banda ababapele nomuchinshi ukulu sana ilyo lintu batushile pano isonde We wanted PF to free Chiluba, but Chiluba was freed by Banda and even accorded him the due respect when he died. Kanshi umulimo wa PF lilyanshita yalipwa. So we the people of Luapula, let us redeem ourselves. If we make the mistake of not voting for Banda, awe chikaba chilubo it will be abominable. Pantu ba Banda nabatuposake amino sana Banda is taking good care of us.”

What does Mwila mean when he says that Rupiah freed Chiluba? How did Rupiah free Chiluba from his corruption charges which were before our courts of law?

The only possible way Rupiah could have freed Chiluba from his corruption charges would have been through a presidential pardon after he was convicted. But there was no such thing; which leaves the question of how Rupiah freed Chiluba from his corruption cases still begging for an answer.

Under these circumstances, the only possible way Rupiah could have freed Chiluba from his corruption cases was through interference with the judicial process. And this could have been done by telling the courts of law to deliver a judgment that he wanted by acquitting Chiluba. This is probably what happened looking at the nature of the judgment that was passed by our Magistrates’ court acquitting Chiluba. That judgment was extremely faulty in so many ways. And one didn’t need to be a lawyer to see that the judgment was faulty in so many ways. Secondly, this is confirmed by Rupiah’s own conduct. Before even the reading of that judgment was concluded, Rupiah was in Kabwe, justifying it and asking the Zambian people to accept it. And after that judgment was passed, Rupiah continued to campaign for its acceptance. And the appeal that was filed by the Task Force on Corruption against that judgment was withdrawn by the Director of Public Prosecutions for no good reason whatsoever. The Director of Public Prosecutions’ decision to withdraw that appeal was not based on law. There was clearly a political order for him to withdraw it. And in our view, that order could not have come from anyone other than Rupiah himself. Many political statements justifying that decision were made by Rupiah and his minions.

The other issue was an equally very faulty decision by the High Court not to register the judgment that was obtained by the Zambian government in the London High Court, ordering Chiluba to pay back to our people more than US$45 million he had stolen. Again, that decision was not appealed by the Attorney General despite legitimate and sound legal arguments and political pressure for them to do so. And today, that loot is part of Chiluba’s estate instead of it being given back to Caesar.

So, Mwila is not talking from without when he says Rupiah freed Chiluba. Indeed, Rupiah freed Chiluba. How? By abusing our judicial process; by interfering with the judiciary. From this decision, it’s very clear that Rupiah interferes with the judiciary, that Rupiah gets what he wants from our courts of law. It is also clear that the independence of our judiciary under Rupiah is not what it should be – it is compromised. What we have today is a judiciary that serves Rupiah’s interests. And anyone who takes Rupiah to court or who has a matter in court in which Rupiah has an interest should always bear this in mind that the scale of justice is not even. The administration of justice in Zambia is in accordance with Rupiah’s wishes. If anyone finds what we are saying unacceptable, untrue or to be without basis, let us examine in full or in totality the way Chiluba was acquitted and the way this entire case was closed. Let us also examine the way the registration of the London High Court judgment against Chiluba was dealt with. And let us try to establish where Rupiah stood in all these issues.

The way Rupiah is dealing with our judiciary to get what he wants reminds us of the history of justice in the world. It reminds us of the fact that the idea of independence of the judiciary in our country is stuck to where it was in the old centuries. If we go back in history, we shall generally find that, although the notion that justice should be fairly administered may well have been accepted, those who adjudicate it or settled cases were not expected to be in any real sense “independent”. Thus, in medieval England, from which we have derived our own national legal system, justice was a royal prerogative, which the ruler carried out through his appointed officials or justices. As such, not only was there no separation of powers, but those who judged were agents of those who ruled. Looking at the behaviour of Rupiah in the Chiluba cases, it is clear that our judiciary’s independence may be more theoretical than real. Try to have a case with Rupiah today and see how the entire judicial system will come out to protect him!

But we all know that independence of the judiciary is an essential pillar supporting the rule of law. What we are starting to see in this country is not the rule of law but the rule of Rupiah. It is not enough to say the courts should follow and apply the laws faithfully and equally to all. One must in addition demand that there should be no dispensing power vested in the executive or other body which should relieve a person from the duties and processes of the law. Mwila is telling us that Chiluba was relieved from the duties and processes of the law by Rupiah. And no one in government has disputed what Mwila is saying! Why? It is because they know that what Mwila is saying is the truth. These are not people who sleep over what they don’t agree with; they quickly rush to denounce or dispute that which they don’t agree with or that which they find injurious to themselves.

Let us not forget that the rule of law is anchored on the right to equality before the law, or equal protection of the law as it is often phrased. And this is fundamental to any just and democratic society. Whether rich or poor, political ally of those in power or opponent – all are entitled to equal protection before the law. And under no circumstances should those in power impose additional inequalities; they should be required to deal evenly and equally with all our people. No one is above the law, including Rupiah himself. This is important because when laws are established by people who then have to obey them, both law and democracy are served. For this reason, Rupiah’s abuse of our judiciary should be stopped.

Labels: BEN MWILA, CORRUPTION, FREDERICK CHILUBA

posted by MrK @ 8:06 PM