Tuesday, April 03, 2012

Lubinda accuses Rupiah of aiding Henry in perverting the law

Lubinda accuses Rupiah of aiding Henry in perverting the law
By Masuzyo Chakwe, Roy Habaalu and Bright Mukwasa
Tue 03 Apr. 2012, 13:00 CAT

FOREIGN affairs minister Given Lubinda says Henry Banda is being aided by his father to pervert the law by refusing to appear before law enforcement agencies for questioning on corruption allegations.

And Lubinda said Henry had turned State House into the Zambia Public Procurement Authority (the body which handles government procurements in Zambia). Meanwhile, Inspector General of Police Stella Libongani says Henry would only be charged when he is in Zambia.

Reacting to the former president Rupiah Banda's recent assertions in last Friday's edition of South Africa's Mail and Guardian newspaper that his son, Henry had permanent residency in South Africa and that "the rule of law has given way to the rule of politics" in Zambia, Lubinda said he would directly write to South Africa's International Relations and Cooperation minister Maite Nkoana-Mashabane to see how she could exert her influence to have Henry extradited to Zambia.

This is according to a statement issued by first secretary for press at Zambia's High Commission in South Africa, Patson Chilemba.

Lubinda accused Henry of running tenders from State House when his father was head of state.

"All types of tenders were being conducted at State House," Lubinda said. "People will remember that as an opposition member of parliament (then) I did raise questions on oil deals that were being cut at State House."

Lubinda said every decent Zambian was aware that Banda and some of his children had questions to answer on how they handled national business deals.

Lubinda said he would write to Nkoana-Mashabane because the government had tried to use Interpol and the South African High Commission in Zambia, but to no avail.

He said having served in various government portfolios, including the Republican presidency, Banda should be aware that a person was deemed innocent until proven guilty according to the laws of Zambia.

Lubinda said this therefore meant that a person should be amenable, by presenting themselves to the law enforcement agencies for provision of answers; so that they were given an opportunity to clear themselves if there was any suspicion of impropriety or misconduct on their part.

"In this particular case, it's Mr Rupiah Banda and his children who are trying to pervert the law. They are the ones who are avoiding that the law takes its course," Lubinda said. "Unless Mr Rupiah Banda is saying that the fact that he was fourth Republican president of Zambia, he and his children are above the law."

Lubinda said the best was for Henry to hand himself to the law enforcement agencies because he would not continue to enjoy the same protection he was receiving now.

He said the investigations against Henry were not politically influenced because issues to do with impropriety on his part were raised when his father was still serving as president.

Lubinda said all the commissions of inquiry which had come up with various recommendations on how national businesses were conducted, were established within the confines of Zambian law.

Banda revealed to the Mail & Guardian last week that his son, Henry, had permanent residence in South Africa and that he is a "successful businessman".

Banda described the action against his son as "sad" and that, since the new government took office, "the rule of law has given way to the rule of politics".

And Libongani said the Zambian investigative wings had all necessary information about Henry to assist in establishing his whereabouts.

But South African High Commissioner to Zambia Moses Chikane told the Zambia Daily Mail that the Zambian authorities would need to use Interpol to secure any law breaker, including Henry.

"But we cannot hand over someone to any government...it doesn't matter which government just because they are wanted for questioning...we need solid charges before any extradition can take place...in this case all we have heard is that the gentleman is wanted for questioning that's all," said High Commissioner Chikane.

Asked to state what would happen to Henry now that it was known that he was residing in South Africa, Libongani said it was the responsibility of Interpol to contact South Africa over the Zambian request to have him extradited back home.

"You must understand that since it's a matter under investigations, we cannot disclose information on what charges he's facing. Such information will be available when he is available here in Zambia for questioning by police officers. So we have communicated to France and told them that we need him to be availed for the purpose of investigations and it's the responsibility of Interpol France to contact South Africa over our request," said Libongani.

And Lubinda said he would engage South African authorities because the demand by that country for people transiting through to Zambia to carry yellow fever certificates was affecting tourist inflows into Zambia.

Lubinda said even South Africa's tourism minister, Marthinus van Schalkwyk, was aware of this fact.

He said government was aware of people transiting through South Africa to Zambia being turned away on account of yellow fever certificates.

Lubinda said he hoped the authorities in Zambia would allow him to travel with officials from the Ministry of Health to a conference he had been invited to address in May, in South Africa so that he could prove that the risk of yellow fever was confined only to a small patch of the country on the border with Angola and Democratic Republic of Congo, and government had not sat idly by.

"There are many countries in Africa that we know of which are completely yellow fever zones but they are not suffering the way that Zambia is suffering, because those countries are allowing tourists to either enter or leave without so much hullabaloo," he said.

Lubinda said Zambia would not be reactionary because there was still chance for diplomacy.

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