Maravi

Amsterdam not telling Henry the truth - Chongwe

Amsterdam not telling Henry the truth - Chongwe
By Ernest Chanda
Sun 15 Apr. 2012, 13:29 CAT

LUSAKA lawyer Rodger Chongwe says Henry Banda's lawyer, Robert Amsterdam, is frustrated and not telling his client the truth about his status as a foreign lawyer. In a statement on Thursday, Amsterdam accused the Zambian government of persecuting Henry and his family by asking him to appear before investigative wings without laying any charges against him.

Dr Chongwe, a veteran lawyer and State Counsel, said Amsterdam was failing to tell his client that he was not qualified to practice law in Zambia. He said the best Amsterdam could do was to explain to Henry about his status as a foreign lawyer with regard to the Zambian courts.

"One of the reasons could be that he has not told Henry the problems that are inherent in him acting for Henry. And the other thing is this, that he is hoping that the Zambian government at a later stage might want to apply to have Henry extradited to Zambia," Dr Chongwe said in an interview yesterday.

"Now, that application will have to be made to the courts in South Africa. And in that case Mr Amsterdam, if he has a certificate allowing him to practice law in South Africa, then he can represent Henry in that application for extradition. But not here in Zambia, he will have to apply for a practicing certificate. Those are the problems that Mr Amsterdam is facing, and I think he's getting frustrated because there's nothing much he can do from where he is."

He said since Henry was a Zambian citizen, the government had a right to interview him on suspicion of criminality through the law enforcement agencies.

Dr Chongwe said there was no need for Amsterdam to be political about a criminal matter, especially as a lawyer.

He said Amsterdam should not have linked the deregistration of MMD to Henry's case.

"Mr Henry Banda is a citizen of Zambia and resident in Zambia, he has been staying here. So the government here has the right to interview him if there is any suspicion of criminality having been committed by him, subject to the criminal jurisdiction of the Republic of Zambia. So the request to him to come back is not made because the government or the law

enforcement agencies want to prosecute him, it is for purposes of investigation so that the issues that have come to the knowledge of the government are sorted out," he said.

"Secondly, there is nothing to stop law enforcement agencies from deciding when a default has been made by a political party in paying its annual registration fees to deregister that political party. It's not the first time that a political party in Zambia has been deregistered for failure to pay annual subscriptions to the Registrar of Societies. So to link that to

the case of Henry is very unfortunate. The lawyers are being political instead of being professional. And, in any case, the fact that one of the opposition leaders had their house burgled and a theft took place does not necessarily mean that it is the act of government. It is a criminal act.

So how can he link that to the instructions that he has received from Henry? I think that the lawyers are being unethical."

Dr Chongwe said it would also help Amsterdam to stick to legal ethics rather than play politics.

"And, in any case, I am a lawyer here in Zambia; and there are certain jurisdictions outside Zambia where I have no practicing certificate, I'm not allowed to practice. Yes, there are other countries where I have because of my position as State Counsel, where I have to write to practice, but it is not in all the countries," Dr Chongwe explained.

"And Mr Amsterdam will find it very difficult to represent his client here, unless he applies for a temporary practicing certificate, and satisfying requirements of the Zambian law for him to be admitted to practice. And it won't be because of politics, it is because of the demands of our profession. He doesn't qualify to practice in Zambia, and I think Mr Amsterdam knows that. He knows that there are problems for him to represent Mr Banda here. What is likely to happen, if Banda came, he would be represented by a local lawyer. And if Mr Amsterdam wants to appear on his behalf, that is should there be a charge against Mr Banda arising out of any investigations, then Mr Amsterdam will have to apply to the Law Association of Zambia for a permit to allow him to represent Mr Banda because that is the requirement of our law."

Dr Chongwe said in his view, the Zambian government had not kept quiet about the matter but was already making diplomatic arrangements to have Henry extradited.

"And it appears to me that there must be some diplomatic approaches being made between our government here and the government of South Africa. And that in the end something will give way; and that is, the government of South Africa might be forced either to return Henry here or our government might be forced to apply for his extradition to Zambia," said Dr Chongwe.

In his statement on Thursday, Amsterdam accused the law enforcement agencies' demands to have Henry questioned in Zambia as "politically motivated".

"If you look at the way this matter is being handled by Zambia, you see all the hallmarks of a politically motivated farce. Mr Banda has never been questioned by the police about anything, while instead the state has conducted a trial by headline consisting of frequently changing accusations. The fact that Zambia has refused to describe what Mr Banda is accused of should set off alarm bells. It is a clear sign that they lack any real case," stated Amsterdam.

"The persecution of Henry Banda is ultimately aimed at pressuring the former President Rupiah Banda and the destruction of the main opposition party. The allegations have been accompanied by a broad attack on the main opposition party Movement for Multiparty Democracy (MMD), including a shocking attempt to de-register the party. There have been repeated arrests of its officials including spokesperson Dora Siliya, and most recently a claim by the former High Commissioner to Canada Nevers Mumba that his house had been raided by state security agents."

Labels: HENRY BANDA, ROGER CHONGWE

posted by MrK @ 1:16 AM