Maravi

Henry's lawyer can't practise in Zambia, says Kabimba

Henry's lawyer can't practise in Zambia, says Kabimba
By Kombe Chimpinde, Bright Mukwasa and Roy Habaalu
Thu 12 Apr. 2012, 13:29 CAT

HENRY Banda's law-yer Robert Amsterdam of Amsterdam & Peroff says his client is not afraid of appearing before the investigative wings. But Wynter Kabimba says Henry Banda was part of the extensive network of corruption in his father's three-year rule.

In a telephone interview from South Africa yesterday, Amsterdam said what Henry did not want was political prosecution which he claimed the PF government was bent on.

Former president Rupiah Banda's son, Henry, who is wanted by the Zambian joint investigative wings for unspecified charges has hired Amsterdam, a high-profile international lawyer, to represent him.

When contacted, Amsterdam said Zambia's investigative wings must forward all queries or questions that they claim to have for Henry to him.

Amsterdam said the government could furthermore, if they wished, present their queries before the South African council of lawyers.

"He doesn't have to show up for them to ask what they want to ask him and your government knows that. This is why Henry is free here in South Africa to go anywhere he wants. Even the apartment where he stays is so open and Zambia's investigative wings have known all along," Amsterdam said.

"Henry is running into Zambian ministers. He is living openly. He has been communicating with Interpol making sure they know where he is. Anyone can pick up a telephone to ask a question. What we are saying is that the government is not complying with the law by issuing a red alert on Henry before any charges are leveled against him. Just look at what the ministers are saying on issues of Zamtel, implying that he committed offences and yet it is the same government that is saying they merely want to interview him."

Amsterdam said the government investigative wings would face serious amounts of frustration for as long as they did not comply with the law on questioning, charging and prosecuting suspects.

He said as far as he was concerned, the case of Henry was politically motivated.

"If there are allegations about his alleged involvement in the contraction of RP Capital to valuate the assets of Zamtel, they should be clear and well formulated. Currently, it simply shows they don't know what questions to ask," said Amsterdam.

But Kabimba, who is the Patriotic Front (PF) secretary general, said even if Amsterdam had represented international personalities, he did not qualify to practice law in Zambia because he was not a member of the Zambian bar according to the Zambian legal practitioners Act.

He wondered why Henry was hiding when members of the previous regime accused of various offences were walking the streets as free citizens.

"It shows that the guy has a lot of money, ok! So he's not a poor man, he's telling the people of Zambia his international profile financially and the question is when did he make that money because according to the story in the Mail and Guardian newspaper for last week, three of his companies in South Africa were de-registered, they were insolvent so where and when did he make the money that he has used to retain Mr Amsterdam?" he asked.

"Surely Mr Amsterdam is not doing pro-bono work, he must have charged him. That in itself convinces the Zambian people that the guy is part of the extensive network of corruption that was tingled in his father's government during his two and half years when his father was president."

Kabimba wondered where Henry got money to hire a high-profile lawyer when he had no money before his father became president in 2008.

"They (Rupiah's sons) had nothing to their name and all of a sudden three years of his fathers' administration, the guy is a multi-billionaire that he can hire a high-profile lawyer like Mr Amsterdam and Mr Amsterdam also is playing politics, he's not playing law. What Mr Amsterdam is saying is not defence to Henry," he said.

On the extradition of Henry, Kabimba said Henry can only be extradited to Zambia if there was an extradition treaty with the host country.

Kabimba said only Henry knew what he had done as far as the Zambian justice system was concerned.

And home affairs minister Kennedy Sakeni said Henry's days in exile are numbered.

Sakeni warned that the Zambian government would not abrogate international laws and standard procedure for summoning someone abroad to appear before investigations because there was nothing special about Henry and that it was just a matter of time before Henry answers to his wrongdoings.

"We will continue our diplomatic steps through Interpol because I am alive to the mandate and principles of Interpol. There is nothing political about Henry's matter," Sakeni said.

He said demands that the government forwards questions to Henry's lawyers was absurd.

"We cannot do that. There is nothing special about the young boy. If called on to answer to questions that investigative wings may have, Henry like any other citizen must present himself. That is the procedure. So we can't bend the procedures because of Henry," he said.

Sakeni said Henry's lawyer was trying hard to justify the huge sums of money that he had been paid.

"The question of politics is not there. That lawyer must just understand the procedures in this country. He should start by asking where Henry could get huge amounts of money to pay for his legal fees," he said.

Meanwhile, Sakeni said the government has with immediate effect halted all transactions involving the offer of government houses around the country's border posts.

Sakeni, who is on a national tour of border posts, expressed shock to learn that former president Banda had offered houses at give-away prices to sitting tenants.

"These facilities are like police camps where officers who stay in them usually operate on a rotational basis so they cannot be sold to sitting tenants. So I have since put all the offers on hold until government sorts out the problem," said Sakeni.

Labels: COURTS, HENRY BANDA, WYNTER KABIMBA

posted by MrK @ 3:22 PM