Sondashi urges govt to register London judgment
By Allan Mulenga
Tue 05 Feb. 2013, 15:20 CAT
DR Ludwig Sondashi says the government should not sidetrack on the registration of the London judgment. "Our party would ensure that the judgment is registered so that we can get what was stolen from Zambians by the late president Frederick Chiluba. There is no beating about the bush," he said.
Dr Sondashi was commenting on justice minister Wynter Kabimba's statement that the 2007 London High Court judgment was not a dead issue.
Dr Sondashi, who is president of the Forum for Democratic Alternative (FDA), said there was no turning back by the government as the judgment was exhaustive.
"The Minister of Justice, Wynter Kabimba, is saying that 'they are still studying the London judgment'. The London judgment happened a long time ago. The country up to now cannot be studying the London judgment. Everybody knows what was written in the London judgment and the judgment was very exhaustive," he said.
Dr Sondashi said the government should be seen to be serious by registering the London judgment because it was one of the campaign promises.
"It is now over 90 days in which they said they will register the judgment. The London judgment must be registered urgently," he said.
"They must not sidetrack on the registration of the London judgment. They should fulfil what they promised the nation," said Dr Sondashi.
Recently, veteran politician Simon Zukas said Zambians should not ignore the registration of the London High Court judgment against Chiluba which the Rupiah Banda regime blocked.
He said although the main culprit in the matter was deceased, Zambians should not allow the assets that were acquired in the process to continually be enjoyed by the culprit's associates.
In May 2007, the London High Court found Chiluba liable to defrauding Zambians of over US$49 million mostly spent on personal items such as designer clothes.
The evidence in that case included more than 100 pairs of size six shoes, many of them monogrammed, and scores of designer suits bought from Boutique Basile in Geneva, where Chiluba spent more than £300,000, sometimes paid in suitcases full of banknotes.
British judge Smith ordered Chiluba to repay £23 million to the Zambian government.
But the Banda regime frustrated the registration of the judgment in Zambia.
Labels: COURTS, FREDERICK CHILUBA, LUDWIG SONDASHI, WYNTER KABIMBA
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We're still studying London judgment - Kabimba
By Ernest Chanda
Sun 03 Feb. 2013, 14:10 CAT
JUSTICE minister Wynter Kabimba says the 2007 London High Court judgment against late president Frederick Chiluba is not a dead issue. Reacting to veteran politician Simon Zukas' call on the government to revisit the matter and have it registered locally, Kabimba said the government was still studying the matter.
"We made a statement some time back that we are still studying it; even now we are studying the matter. But it is certainly not a dead issue," said Kabimba yesterday.
And Attorney General Mumba Malila said his office was ready to revisit the matter if instructed by the government to do so.
"As Attorney General I work under instructions and my client is the government. So, if the government has not instructed me to take any further action on it I will obviously keep quiet; I'll wait for instructions from the government. I will act according to the instructions of the government," said Malila.
"Before Mr Sebastian Zulu left office, he had issued a statement in which he had mentioned that, 'look, we asked the Attorney general to hold on until we have the policy direction given by cabinet'. He had also mentioned that in fact he had done a cabinet memorandum cab memo and that Cabinet had to decide before the Attorney General is instructed to take any further action. So, as of now I have no instructions on the matter to take it further."
Recently, Zukas said Zambians should not ignore the registration of the London High Court judgment against Chiluba which the Rupiah Banda regime blocked.
He said although the main culprit in the matter was deceased, Zambians should not allow the assets that were acquired in the process to continually be enjoyed by the culprits' associates.
In May 2007, the London High Court found Chiluba liable to defrauding Zambians of over US$49 million mostly spent on personal items such as designer clothes.
The evidence in that case included more than 100 pairs of size six shoes, many of them monogrammed, and scores of designer suits bought from Boutique Basile in Geneva, where Chiluba spent more than £300,000, sometimes paid in suitcases full of banknotes British judge Smith ordered Chiluba to repay £23 million to the Zambian government.
But the Banda regime frustrated the registration of the judgment in Zambia.
"I am unhappy about another aspect which is my concern; we seem to have forgotten about the plunder of state assets that took place under Chiluba and to some extent, Rupiah Banda's regime," said Zukas.
"We had a London judgment which accused Chiluba of misusing $46 million of state funds and that was in the High Court in London and the case was fully argued and there is no question that the conclusion was correct, but it needed to be registered in Zambia."
Labels: FREDERICK CHILUBA, WYNTER KABIMBA
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Zukas wants London judgment registered
By Kombe Chimpinde
Sat 02 Feb. 2013, 12:30 CAT
SIMON Zukas says Zambians should not ignore the registration of the London High Court judgment against late Fredrick Chiluba which the Rupiah Banda regime blocked.
Zukas said although the main culprit in the matter was deceased, Zambians should not allow the assets that were acquired in the process to continually be enjoyed by the culprits' associates. Chiluba as president was accused of stealing $500,000 from state coffers, but the Banda regime saved him from going to jail.
However, a civil suit in the London High Court found Chiluba and others liable for defrauding Zambia. The evidence in that case included more than 100 pairs of size six shoes, many of them monogrammed, and scores of designer suits bought from Boutique Basile in Geneva, where Chiluba spent more than £300,000, sometimes paid in suitcases full of banknotes
British judge Smith ordered Chiluba to repay £23 million to the Zambian government. But the Banda regime frustrated the registration of the judgment in Zambia.
In an interview, Zukas said that the continued silence on the "obvious" matter was worrying.
"I am unhappy about another aspect which is my concern; we seem to have forgotten about the plunder of state assets that took place under Chiluba and to some extent, Rupiah Banda's regime," he said.
"We had a London judgment which accused Chiluba of misusing $46 million of state funds and that was in the High Court in London and the case was fully argued and there is no question that the conclusion was correct, but it needed to be registered in Zambia."
Zukas said the Banda regime, which blocked registration of the judgment, had been voted out, paving way for clearance of impediments placed in the legal process.
"…remember there was an appeal by the prosecutor (Mutembo Nchito) which was blocked by the DPP (Director of Public Prosecution). Now we are one year into the new government which has declared a strong stance against corruption," he said. "We have a new DPP and yet this has not come back to the courts. I feel very strongly that we don't know which way the courts will treat the matter but it's got to go back to the courts. That appeal was blocked, then, there is no reason for it being blocked now."
Zuka's said that Chiluba's plunder must be used as a serious deterrent against greedy and selfish individuals.
"We can't allow the whole Chiluba plunder to be forgotten. If it gets forgotten then it will be repeated by others because they will feel they can get away with it. The appeal should be reinstated," he said.
"From a general political point of view, that issue cannot just be pushed away. To be active against corruption, you have got to clear the decks and I don't think the deck on the Chiluba-plunder has been cleared. It remains unresolved and as far as I can see, the way things stand, the (plundered) assets shall remain in the hands of the plundering syndicate and yet those assets should be brought back to the people of Zambia," he warned.
"Verbally it is very strong, we are hearing constant reminders, I am hoping that soon or later we will produce results."
Chiluba suffered from chronic heart problem and died on June 18, 2011 in Lusaka aged 68./SM/BS
Labels: FREDERICK CHILUBA, SIMON ZUKAS
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Complaints about civil servants frustrating govt efforts
By The Post
Fri 09 Nov. 2012, 12:30 CAT
There are complaints from the top-most leadership of this government about some civil servants trying to frustrate their work, their efforts, their programmes.
But these complaints are not new or peculiar to this government. We used to hear about them in the early 1990s from the government of Frederick Chiluba.
Chiluba and his colleagues used to complain about how civil servants aligned to UNIP were trying to frustrate their work and sabotage their programmes. Many civil servants were retired as a result of this. But the problems continued; the operations of the civil service never meaningfully improved. The Chiluba regime filled the civil service, including the police, with its own party cadres who could not perform. Most of the people they appointed did not even have the requisite qualifications and experience needed for them to efficiently and effectively perform the duties of their jobs.
After Chiluba left office and Levy Mwanawasa took over in 2001, the same complaints resurfaced. Again, some new people, who were believed to be more loyal to the new rulers, were appointed to the civil service. But the performance of the civil service did not improve.
Today, we are hearing the same arguments. Yet, this government has appointed so many people to the civil service. Almost all the permanent secretaries serving today have been appointed by them, they are people they believe are loyal to them. All the key directors in our ministries and government departments have been appointed or promoted by them to such positions. Where is the problem?
If the people they appointed are failing to perform, can this be blamed on the previous regime or on themselves?
Of course, the civil service and the public sector in general is very big and there are many people who are still serving whom they did not appoint. There are many professional civil servants who have been serving in government for many years and under different regimes. Every new regime brings in its own cadres and ignores them in promotions.
There are people in our civil service and public sector in general who have been working there for two or three decades with very high qualifications and experience, but every regime overlooks them in promotions. Political party cadres with relatively little experience and low qualifications have been placed above them by different regimes. These professional civil servants have become frustrated and don't care anymore about what happens. They have lost hope of ever being promoted and are just marking time, waiting for their retirement time to come. They can't be easily fired because they are not political appointees, they are professional civil servants who know their rights and understand very well the civil service processes and procedures.
Clearly, the challenge we face today in the running of our civil service and the public sector in general is a creation of our politicians. It is our politicians who have filled our public sector with inexperienced and unqualified people. Look at the foreign service! Take an audit of who has been sent to the foreign service over the last 21 years! A proper scrutiny will reveal that most of the people who have been sent to our foreign service over the last two decades are either relatives or close family friends of those in power or ruling party cadres. The situation has been the same under every regime since 1991. We cannot authoritatively speak on what pertained before 1991. We plead ignorance.
The foreign service has become the dumping ground of all the relatives, friends, ruling party cadres who are unemployed or are looking for an opportunity to go abroad. An audit of who is who in our foreign service will be very embarrassing to all regimes that have been in charge of our country over the last 21 years, including the current one. There is no regime over the last 21 years that can reasonably and confidently talk about a professional foreign service.
And this practice has even created over-employment in our civil service. We have too many people in our foreign service doing nothing, but earning a salary from the taxpayer. Even countries richer than us do not have such a highly bloated foreign service. We have all sorts of officers in our missions who are doing nothing; whose job is only to meet senior government officials when they happen to pass through or visit those countries. This is not the best way to run government and to use our very limited public resources.
Even here at home, a good number of our civil servants are people who are not fit to occupy the offices they have been appointed to, hence the inefficiency that our politicians are correctly complaining about.
In the past, we mean before 1991, it used to be very difficult to join the civil service because one had to go through a number of examinations before one was employed as a civil servant. Now all one needs is simply the right political or other connections. This may be good for those who are in influential positions because they are able to help their relatives and friends, but it is not good for the performance of the government in general and indeed for their own personal performance. The consequence of this is that top government leaders are not getting the required or right service from civil servants for them to be able to deliver on their promises to the people. And there is nothing which makes people more appreciative of a government than that it should be able to deliver services.
In saying this, we are not in any way saying that those who have relatives in top government or political positions should never be employed in the civil service or the public sector in general. They are Zambians and they should be allowed to occupy any public office for which they have the requisite experience and qualifications. But let that be the basis for their engagement, and not any other considerations that may negatively impact on the performance of government and of the political leadership in government.
Until the political leadership running government addresses these issues, they have no legitimate right to complain about the poor performance of the civil service and the public sector in general because the problem has been created by themselves and it is within their capacity to correct.
Labels: CIVIL SERVANTS, FREDERICK CHILUBA
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Tsvangirai just a little Chiluba’
Saturday, 21 July 2012 21:18
Sunday Mail Reporter
President Mugabe is “my elder, and I have got all the respect for him” while Prime Minister Tsvangirai is a “little Chiluba” who still has a long way to go in politics, Zapu leader Cde Dumiso Dabengwa has said.
He said if President Mugabe calls him for a meeting, he would oblige, while dismissing PM Tsvangirai as a good trade unionist who is not capable as a politician.
In an interview last Wednesday, Cde Dabengwa said: “Mugabe is my elder. He was my leader from the time of the NDP. I have got all the respect for him. “I have worked under him in Government, in the party and, if he called me for any discussion, I would certainly oblige.”
When he was asked about his views of PM Tsvangirai, Cde Dabengwa said: “I don’t like talking about other leaders. I had the privilege of meeting him (PM Tsvangirai) after the 2008 elections and I wanted to congratulate him on his effort and amongst other things he accused me of having done was that I frustrated his victory.
“I was very frank with him and said ‘Tsvangirai, I know you as a trade unionist and I will not argue about your capability as a trade union leader, but as a politician, I think you have a long way to go.
“This is why I said I would not want to support a situation where we would have a Chiluba coming into the government of this country. I said those words to him.”
Asked to explain whether he was equating PM Tsvangirai to former Zambian leader Frederick Chiluba, Cde Dabengwa did not mince his words:
“Chiluba was a trade union leader, so was Tsvangirai. All I was saying was yes, you might be capable and suitable as a trade union leader, but certainly you are not as capable on the political arena. Look at what Chiluba did, and that’s all I was saying.”
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The former Zambian leader was accused of running down that country’s economy through corruption. He even appeared in court facing corruption charges.
Cde Dabengwa said he was not in a position to serve under a Tsvangirai administration, adding: “I have been a government minister for 10 years and for me that’s enough.
“I think I have made my contribution in the country, both during the liberation struggle and after, and any other contributions I would have to make I would have to consider very carefully, but I don’t want to be recycled.”
Labels: DUMISO DABENGWA, FREDERICK CHILUBA, ZANU-PF
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Don't be like them
By The Post
Sun 08 July 2012, 13:25 CAT
LITTLE was done to bring meaningful development to our country over the last 20 years of MMD rule. Alfred Lienda, a former Deputy Minister of Commerce in the MMD government of Frederick Chiluba, is right when he says that the development the MMD brought was "window dressing type of development". Chiluba used to boast about his government bringing back Coca Cola in our shops. To Chiluba, this was development.
And Yoweri Museveni once described
Coca Cola as nothing but just a mixture of carbon dioxide and water. But to Chiluba, the presence of this fizzy drink in our shops was a sign of development in the country.
The MMD also points to
shopping malls - Manda Hill, Arcades, Levy Junction and now Makeni - as evidence of how much they have developed the country over the last two decades.
They boast of the presence of many consumer goods in our shops that previously used to be queued for as a testimony of how much development they have brought to the country. They don't talk about how many quality jobs they have created or about how much they have reduced unemployment and poverty among our people.
They don't talk about the industries they decimated that have not been replaced, or that have been replaced by importations from South Africa and Dubai. There is much more to development than these consumer goods that most of our people, our poor people, cannot even afford.
And as Alfred points out, the MMD tried to appease people by "tarring a few roads in Lusaka and so on so that people can vote for them". And this they called development.
But people are able to see and discern where there are genuine and serious development efforts. Window dressing is easy but it is not development. It will not be easy for the PF and its government to address problems arising from the many years of MMD's window dressing.
Our economic development efforts need to take a new direction. And this government doesn't have 20 years to wait. People are in a hurry to see their lives move forward. They have had enough of promises of a new and better tomorrow that never comes. What they now want is action on all fronts.
They can't live on promises; they can't feed their children on promises; they can't pay their medical bills and school fees on promises. But this government cannot give them all these things today, in nine months. As Alfred says, "development takes time, you need to find the money to redress the situation".
To make Zambia prosperous, we will need several decades of intense effort. And to do this, a committed and far-sighted leadership is required. This also calls for better organisation on all fronts and at every level.
The ruling party itself needs much better organisation and capacity to mobilise the masses of our people to support its programmes and get themselves back to work. This is so because the wealth of society is created by the workers, peasants and working intellectuals. If they take their destiny into their own hands and take an active attitude towards developing their country, there is nothing that will stop them from giving themselves a better life.
But it won't be instant coffee; it won't be easy. There will be many challenges and difficulties. And at certain times, the difficulties may outweigh the favourable conditions. But through hard work, the difficulties can be overcome step by step and open up a favourable new situation.
And the PF needs to heed Alfred's advice on the need for them to establish "a very strong public relations unit in their party to tell the people what is happening and what was happening". There will always be a gap that needs to be narrowed between the people's expectations and what can be delivered. There is need for constant propaganda among the people on the facts of what progress is being made or cannot be made and the bright future ahead so that they can build their confidence in themselves and in their leadership.
At the same time, there is need to tell the people the truth that it won't be development in 90 days. Things are going to take much longer to accomplish; there will be twists and turns in our road. There are still many obstacles and difficulties along the road to development and progress.
We know that some people don't like to think much about difficulties. But difficulties are facts; we must recognise as many difficulties as they are. We must recognise difficulties, analyse them and combat them. There are no straight roads in this world; we must be prepared to follow a road which twists and turns and not try to get things on the cheap. As we have stated before, it must not be imagined that one fine morning, we will wake up to find our country and our people having everything they need.
In a word, while the prospect are bright, the road has twists and turns. There are still many difficulties ahead which we must not overlook. Developing a country is not the same as stealing a few kwachas here and there to enrich oneself and improve one's appearance and standard of living. A country can't steal in that way, can't develop in that way.
It is important for the PF to do things in a different way from the way the MMD managed things. It is important for the PF to avoid the MMD's window dressing approach to development.
The pressure is high on the PF to deliver development, create jobs, but real things - not gong'as - take time to create or establish. Development will come, jobs will be created but not today and not in the way some people want to make us believe they can be created. Time is needed. But not time to slumber but time to work. You don't plant your crop in the morning and harvest in the evening.
Even the fastest maturing varieties or breeds need a bit more time. What we need to focus on now is work. Those in the political leadership of our country, those managing the affairs of government - from Michael Sata to the lowest public officer - need to work and work very hard and in the most honest manner, the most efficient and effective way.
And what do we mean by work? Work is struggle. There are difficulties and problems in those places for us to overcome and solve. We go there to work and struggle to overcome those difficulties. A good leader and citizen is one who is more eager to go where the difficulties are greater.
If public servants are working and are working very hard and in an honest manner, people will see this and will accept the fact that things can't be done in a day - Rome was not built in a day. But they need to see and understand what is going on, what is being done and how it is being done and why it is being done the way it is being done.
There has to be communication with the people. And this communication has to come from all levels of leadership, with Michael leading the way. The government has to communicate with the people on what is going on with government programmes.
The ruling party must always be where the people are, explaining to them what is happening and must at all times stand up for the truth, because truth is in the interest of the people; and must be ready at all times to correct mistakes, because mistakes are against the interest of the people.
Judging from what is being said and from the expectations of the people, the two most decisive factors affecting the future consolidation and expansion of our democracy will be economic development and political leadership. Economic development makes democracy possible; political leadership makes it real.
Labels: FREDERICK CHILUBA, MMD
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Andrew Banda and the challenges of power
By The Post
Fri 06 July 2012, 13:25 CAT
WE agree with Andrew Banda that there are challenges that come with power, with privileges of being close to the head of state. We also agree with Andrew that there are people who try to use, manipulate for their own selfish ends those in power, those close to those in power. There are endless streams of very dangerous and manipulative favour-seekers.
It is these who have made good men and women in the political and civic leadership of our country fall. But as we have stated before, if you are honest, truly honest, you won't be manipulated into doing wrong things, into abusing power or public office, you won't be corrupted. If you are unassuming and have a clear understanding of the worth of people and of yourself, you won't be corrupted.
There is need to maintain eternal vigilance about this throughout one's life, especially one's public life. There is need to examine everything one does, checking to see whether it is correct or not, whether or not one has let oneself be carried away, be used, be manipulated.
And as we have also stated before, the exercise of power must be the constant practice of self-limitation and modesty. Public office, or power as it is sometimes called, is not something one should treat as personal, something one should enjoy or use to amass wealth and gain oneself things that are not one's due.
We have over 47 years of experience in self-rule, in self governance and this should teach us what can be done and what cannot be done, what is acceptable and what is not, what one can get away with and what one cannot get away with.
By now, we should all know, especially those who are in power, the importance of incorruptibility as part of the essence of self-respect. There is no one who will not appreciate opportunities to enjoy the good life. But this should not be by using one's position to get oneself or those close to one anything that isn't one's due.
We all know what damage abuse of office does to the authority of the state. Corruption destroys the authority of the state. If you destroy the authority of the state, the consequences are terrible. It is a matter not of the criticism of others, of those who had the privilege to govern or of those who were very close to those who governed, but of the destruction and negation of all the values and merits.
We have had two regimes since our independence that one can without hesitation say were corrupt. The first one is that of Frederick Chiluba and the second one is that of Rupiah Banda. No one can in all honesty accuse Kenneth Kaunda and his regime of corruption. And no one can accuse Levy Mwanawasa of corruption. Yes, there could have been some corrupt elements with corrupt practices in Levy's regime but not by Levy himself.
Similarly, for the nine months Michael Sata has been in government, we have not heard anyone meaningfully, justifiably and truthfully accuse him of stealing public funds or enriching those close to him. Of course, lies, malice, calumny will always be there.
It was there against Kaunda with some malicious people claiming he had stolen US $4 billion and books from State House. They failed to find even a dime or a page of a book that KK had stolen or even by mistake taken that wasn't his due, that didn't belong to him. We also used to hear all sorts of innuendos, insinuations, lies about Levy being corrupt.
We will not be surprised to hear lies of corruption against Michael. But if there is anything that is true that points to corruption, that can be said to be abuse of office against Michael, he should be made to account for it now or in the future. No one should be given impunity against wrongdoing, against corruption.
As for the families and friends of our presidents, what they should learn is that this country always has only one president. The wife of a president is not a president; the children of the president are not small presidents and the friends of the president are not co-presidents.
If they truly love this country, if they truly love their relative or friend who has become president, they should not be overbearing on him to do wrong things, to abuse his office or power. Their legitimate role is to protect him from wrongdoing, from being manipulated by criminals whom he may not realise are criminals out to do wrong using his authority or office.
But what we saw under Chiluba was the holding of the state captive by criminals of all shades, stripes or hues. The state became a tool for amassing wealth, for robbing the Zambian people and enriching themselves. This repeated itself under Rupiah. Rupiah's family and friends, and indeed himself, used the presidency to enrich themselves.
Even people like Andrew who were generally not greedy, not corrupt increasingly became tempted by power, by the opportunities offered by their closeness to State House, to the president to enrich themselves. It does not surprise us that Andrew is today being investigated here and there for corruption.
The advice Andrew is giving, although he did not strictly follow it himself, deserves to be heeded. Andrew is certainly not being honest about how badly his father and his brothers ran government and how they were corrupted to abuse state resources and government business to enrich themselves.
Andrew is not courageous and honest enough to talk about these things, to reveal and admit what they did. But Andrew knows what he is talking about and is to some extent right. Power corrupts and absolute power, they say, corrupts absolutely. We know of cases of good comrades who, little by little, fell into the clutches of very experienced and manipulative criminals in subtle ways.
And as we have stated before, one of the most important American contributions to democratic practice has been the development of a system of checks and balances to ensure that power, public office is not abused.
It is a system founded on the deeply-held belief that power is used well when its potential for abuse is curbed, and when those holding power are held as close to the people as possible. We should not allow Chiluba and members of his regime to get away with their crimes, their corruption.
Similarly, Rupiah and those who abused power with him should not go scot-free; they need to be called upon to account. No one should be allowed to get away with impunity. Of course, everything should be done within the confines of the law.
The rule of law should prevail above any expediencies of the moment. We are not the only ones in the world calling for accountability from those who have been entrusted with the governance of our country. Many African countries are prosecuting their former rulers who abused public resources and power. It is also being done in Asia and Latin America. Even the Europeans are doing it.
The French are prosecuting their former leaders who abused public office and resources. Can this be said to be retribution, vengeance, hatred or inability to coexist and tolerate each other? No. It is simply the rule of law taking its course, without placing anyone above it.
It is accountability in public affairs that is being safeguarded and practiced. Is this wrong? No. It is the way honest societies and honest people deal with each other, administer public affairs. Wrongdoers, corrupt elements need to be made to account for their wrongs, their corruption.
Labels: ANDREW BANDA, FREDERICK CHILUBA, WYNTER KABIMBA
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Sata's stance on corruption cheers Sullivan
By Ernest Chanda
Sat 30 June 2012, 13:25 CAT
MICHAEL Sullivan, the UK lawyer who prosecuted late president Frederick Chiluba's theft case in London, says President Michael Sata is the standard bearer in the fight against corruption.
Sullivan said he was encouraged by the new government's intention to revisit the case and have the 2007 London High court judgment registered in Zambia. He said President Sata had picked up from where late president Levy Mwanawasa left in the fight against corruption.
"I am aware that a proposal to re-consider registration of the London judgment is being considered by Cabinet. The re-consideration of the registration of the London judgment is a significant statement of intent by the Sata government that under its stewardship, Zambia will respect and uphold the rule of law," said Sullivan in an interview on Thursday.
"It is a declaration to the people that all are equal before the law and that privileged positions and wealth will not confer preferential treatment in or before the courts of law. It is hugely encouraging to see President Sata as the standard bearer in the fight against corruption, picking up where the late president Levy Mwanawasa left off, having so courageously led Zambia in the fight against powerful corrupt forces."
In May 2007, Chiluba was found liable by the London High Court to defrauding Zambians of about US$47 million, some of which he spent on personal clothes.
But in August 2010, Lusaka High Court judge Evans Hamaundu refused to have the case registered in Zambia on the basis that the Foreign Judgments Ordinance 12 of 1959 repealed the British and Colonial Judgments Act.
He said at the time, no alternative legal provision had been made for the registration of judgments obtained in the superior courts of the United Kingdom.
And most senior MMD members under Rupiah Banda's regime were against the registration of the London judgment. This was after Chiluba started campaigning for the MMD and Banda.
But Justice minister Sebastian Zulu said he had prepared a memorandum to Cabinet, which seeks to have the case registered locally.
Labels: CORRUPTION, FREDERICK CHILUBA, MICHAEL SATA
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Regina complains of a hard life
By Moses Kuwema and Mukosha Funga
Tue 19 June 2012, 13:25 CAT
REGINA Chiluba says the past one year has been the hardest of her life. And Frederick Chiluba's son, Kaindu, says he remembers his father as a kind-hearted, down-to-earth, friendly and generous man.
Meanwhile, late Chiluba's pastor Bishop Peter Ndhlovu says what has happened to him (Chiluba) should not happen to any leader.
In a speech read for her by Barbab Coker during the memorial service for her late husband at the Cathedral of the Holy Cross yesterday, Regina said her house no longer felt like a home any more.
"This past year has been one of the hardest of my life. We dearly miss your presence especially your grandchildren, some of whom are still too young to understand your absence," Regina said.
Regina said the hand of God had seen her family through the hardships.
"We have all been comforted by the fact that you are resting in the arms of the Lord, the God Whom we worship day and night. We continue thanking God for the time that He gave you to us. We also thank God for the things that you taught us and everything that you did for this nation," she said.
Kaindu said Chiluba was a champion of democracy and was one of the pioneers of multiparty democracy in Zambia.
"Dr Chiluba is well remembered as a great son of Zambia who brought significant change to the country, politically and economically. As the president, he introduced among others, the home empowerment scheme to the benefit of all Zambians," he said.
Meanwhile, acting President Alexander Chikwanda said the press in Zambia was operating the way it was now because of Chiluba's leadership.
Chikwanda described Chiluba as a person who had no malice in his life.
Speaking at the same event, Bible Gospel Church in Africa Bishop Peter Ndhlovu said it was only when people knew God that the country could be free from corruption.
Bishop Ndhlovu said for as long as people's hearts remained corrupt, it would be difficult to fight corruption.
"If we want to fight corruption, we must know there is God. When we know God, we will have a corrupt free country. We can put in all the mechanisms but for as long as man's heart remains corrupt, it will be difficult," he said.
Bishop Ndhlovu also said people must learn to discuss matters on the table and not go to the grave with bitterness.
"Politics is of respect and forging ahead. Let's celebrate this man's life, not with bitterness. What has happened to him, let it not happen to any leader," Bishop Ndhlovu said.
The memorial service was attended by a number of people that included family members, government officials, leaders of opposition political parties, the Deputy Speaker Mkhondo Lungu and acting deputy chief justice Florence Mumba, among others.
Later, family members led people in laying wreaths at Chiluba's grave at the Embassy Park.
Labels: FREDERICK CHILUBA, REGINA CHILUBA
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Corruption is not a state secret
By The Post
Tue 06 Mar. 2012, 12:00 CAT
GEORGE Kunda says the government should be careful in its fight against corruption because they may end up revealing state secrets and that it is important to protect government institutions. What George is saying is not new. Frederick Chiluba and his tandem of thieves tried to use that argument when they were being arrested and prosecuted for corruption.
Chiluba and his friends used the intelligence bank accounts and activities to steal public funds. They thought in this way, nobody would ever question or get to know what they had done. T
hey thought they could use the secrecy surrounding the intelligence services to steal. It didn't work.
We are reminded of what Levy Mwanawasa said when we had sent our lawyers to take to him the Zamtrop accounts which we had obtained through a court order and ask him if there was anything in it that was of importance to our national security so that we don't use it in our defence, Levy told our lawyers that there was nothing that could be said to be of national security in stealing; that people shouldn't steal public funds and hide behind national security. This is what George and his friends are today trying to do.
They won't be allowed to hide their corruption behind state secrets or national security. There is truly nothing of a security nature that needs to be protected in all these corruption cases George and his friends are being probed for. There is no security law that allows corruption.
Corruption is corruption, regardless of where it arises. We all know how Xavier Chungu, as head of our intelligence services, abused public funds to enrich himself and his friends. Those who have committed crimes, those who have abused their offices should not try to invoke the argument of national security or secrets to go scot-free.
People handling these matters are not unpatriotic or reckless and they know what constitutes national security or secrets. Legitimate secrets will be protected and will be distinguished from cases of corruption.
No one, not even under Levy, was prosecuted for doing legitimate security or intelligence work. Even our courts of law will distinguish between corruption and security or intelligence work. What is being investigated and what will be prosecuted is corruption and not legitimate national security or intelligence expenditure.
And no one should be able to pull the curtain of secrecy around decisions and acts of corruption which can be probed and prosecuted without injustice.
We all know that power corrupts and absolute power corrupts absolutely, and there is nothing more corrupt than power exercised in secrecy. Theft is not secret. And our national security interests will not be protected through corruption, through abuse of public resources.
It seems some people will never learn that cover-ups can be worse than the underlying conduct. There is no need to cover up wrong things under the guise of protecting state secrets. What state secrets? The state doesn't steal; it can't steal from itself. What has been stolen here are resources that belong to the state and the secrets of the state cannot be used to cover up the wrongs that have been done against the state itself.
What is needed is an accountable and transparent government. Those in government have to account for their actions and everything, every expenditure can't be declared a state secret. When so much is secret, secrecy is not respected.
And why is George so concerned about establishing a culture of removing the immunity of a former president who has stolen, who had abused his office so that he can be prosecuted? The law provides for that. If we have corrupt presidents replacing each other, it doesn't matter to have them all prosecuted. This is within the law.
We shouldn't allow a culture of impunity to take root. Corruption has to be fought regardless of the status of who is involved in it. If by lifting Rupiah Banda's immunity so that he could be prosecuted for the corruption he was engaged in when he was president of the Republic, it means that we will have to do the same about Michael Sata when he leaves office, let it be.
If Michael will engage in corruption during the tenure of his office, the next government will be required to lift his immunity and get him prosecuted. When Dr Kenneth Kaunda left office, the Chiluba regime believed he had stolen public funds and brought in Scotland Yard to investigate him.
But they found nothing. If there are suspicions of wrongdoing, let them be investigated and if wrongdoing is established, the immunity should be removed and prosecutions allowed to commence. We are not the only ones in the world doing this. There are many other countries in the world - from Taiwan to France - that have prosecuted their former presidents and got them convicted.
The immunity given to the president was never meant to be a licence for stealing public funds.
The immunity was extended to the president to protect him from unjustified litigation. And stealing public funds can never be justified in any way.
Moreover, this government has made it clear that the standard they are setting on corruption and its prosecution will be the standard that will be used in their own cases.
They are not asking for different standards for Rupiah and his league and another one for themselves. They are not, in any way, calling others to virtues which they themselves are not ready to embrace or live by. This is the type of leadership the country needs, a leadership that sets rules that should not only be obeyed by others but also by itself.
It is increasingly becoming clear to all that George and his friends are now starting to realise that they are in hot soup, their game is over. They never thought they would leave power so soon; they never thought they would be made to account for their misdeeds so soon.
They thought they would be in power for a much longer time and that power would just be changing hands among themselves - the MMD would be in power for a very long time to come.
Actually they used to boast about this. So they can't believe that their game is over and they have to account for their corruption. No amount of state secrets will save them from the impending Armageddon. The best they can do is start returning what they stole and seek forgiveness from the Zambian people.
Labels: CORRUPTION, FREDERICK CHILUBA, GEORGE KUNDA
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Mabenga is not being truthful about corruption in the MMD
By The Post
Sun 04 Mar. 2012, 12:00 CAT
ACCORDING to Nelson Mandela, when leaders have the honesty to criticise their own mistakes, errors, transgressions, violations or even crimes, and their own organisations, then they can criticise others. But it seems our leaders are not in the habit of listening to the truth or wise counsel. What Katele Kalumba is engaging in is positive criticism and self-criticism that should be welcomed by all people of goodwill within and outside the MMD.
Katele is not accusing other MMD leaders, at the exclusion of himself, of corruption. He can't do this, even if he wanted to, because he is a man who has been convicted of corruption. It has taken a long time for Katele to come to this position, a position of embracing the spirit of criticism and self-criticism.
But who doesn't know that taught by mistakes and setbacks, we become wiser and handle our affairs better? Leaders - we mean honest leaders - should fear neither criticism nor self-criticism.
Katele was wrong to involve or engage himself in corrupt activities. But he is certainly not wrong to admit that corruption exists in his party and should be done away with if the MMD has to witness a reversal of political fortunes. Admitting a mistake, a weakness, a transgression or even a crime is the first step in correcting it.
It's also much easier to mitigate and obtain forgiveness for a wrong one has admitted. One cannot mitigate against a transgression they have denied. And who in this country doesn't know that the MMD is a corrupt political party with corrupt leaders, cadres and followers? It is a political party that has tried to keep itself in power through corruption.
Even Michael Mabenga who is today trying to accuse Katele of having been the only corrupt person in the MMD was found to have engaged in corrupt activities by the High Court of this country in a parliamentary election petition brought against his election as Mulobezi member of parliament by Sikota Wina. And accordingly, Mabenga's election was nullified.
So how can Mabenga today claim that he has never known any corruption in the MMD apart from that of Katele? As usual, Mabenga is not being honest and probably it is this dishonesty that made the people of Mulobezi kick him out - and probably forever.
For sure, Katele has not been the only corrupt person in the MMD. If Katele had been the only corrupt MMD leader, no one would be talking about corruption today because it would have ended with his prosecution and conviction.
And how can Mabenga deny the existence of corruption in the MMD when just five months ago, this party led the most extravagant, the most expensive and the most corrupt election campaign? Where did the money for all that extravagance and high expenditure come from? Who gave them that money? What was the consideration?
It is time the MMD leadership came to terms with its situation. They are known by everyone to be a corrupt party. And there is enough evidence for people to show that the MMD leadership is corrupt. Their conduct in the last elections demonstrated to everyone how corrupt they were. Even their own supporters know that they are corrupt.
And how can a political party whose key leaders have been found to be corrupt claim not to be corrupt? Frederick Chiluba, a former leader of this party, was found wanting by the London High Court on the issue of corruption. Katele, the national secretary of this party, has been convicted of corruption.
Mabenga himself, the chairman of this party for many years, has also been found wanting on issues of corruption by our High Court. And we have no doubt Rupiah Banda, the current leader of this party, will also be found wanting on issues of corruption.
Again, we ask: how can a political party whose key leadership is corrupt claim to be clean? It's not possible for the MMD as a political party to be free from the corruption of its key leaders because it is these same people who raised money for its operations and political activities.
This is not a political party that survived on the monthly contributions of members. It is a party that survived on dirty, blood money stolen in all sorts of ways from the Zambian people.
The best thing for MMD leaders is to admit the problems of their party vis-a-vis corruption and chart a new path. Denials won't do. What will do is an admission of their wrongs because with that they can seek forgiveness. And those who confess their crimes and seek forgiveness deserve to be forgiven.
But being forgiven should not be interpreted as a new licence for them to again seek the same public offices they had disgraced through corruption. There are many ways, other than occupying public office, that they can continue to serve their people if selfless public service is all they are interested in or is all they are seeking.
There is need for honesty in all these issues. We say this because if one is honest, truly honest, one won't be corrupted. If one is unassuming and has a clear understanding of the worth of people and of oneself, one won't be corrupted. There is need to maintain eternal vigilance about this and be very self-critical.
We think the line Katele has taken deserves support. For whatever wrongs he has committed, Katele is today defending certain principles that have tremendous value at a time of confusion and opportunism in our country, a time when many politicians are feathering their own nests.
We should therefore be unassuming and limit ourselves to doing duty to the best of our extremely limited possibilities. We should never draw away from the honest goal we seek and let ourselves be influenced by a desire to be rich, to acquire wealth and other things that are beyond our earned income. Political leadership should not be about self-enrichment.
What we need are politicians who profoundly love their own people and wish to serve rather than to be served. Such leaders cannot steal from the people they so love and so wish to serve. For this reason, competent and honest citizens should be encouraged to participate in party politics and take over the political leadership so that they do good in society.
A person chosen for political responsibility as a leader must remember that he is simply a servant or steward entrusted to offer humble service to others as opposed to enriching himself. The common good is the reason for the existence of all our political institutions.
It enables people to express commitment and concern for each other as well as attain the fullness of love. Common good calls upon all persons to contribute and commit themselves responsibly to building an honest, fair, just and humane society for all.
And political office and power must have as its aim the achievement of the common good. The best way to fulfil one's obligations of justice and love is to contribute to the common good.
Labels: CORRUPTION, FREDERICK CHILUBA, KATELE KALUMBA, MICHAEL MABENGA, MMD
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Corruption doesn't pay, it destroys
By The Post
Fri 02 Mar. 2012, 11:00 CAT
NOTHING that comes from corruption will last, but the effects of honesty and loyalty will remain forever. It is said that wealth that has been obtained dishonestly is like a stream that runs full during a thunderstorm, tumbling rocks along as it flows, but then suddenly goes dry. Acts of honesty, in both private and public life, are as lasting as eternity. It doesn't work to rely on money, money stolen from the public for that matter, to make you an important political figure, to make you a president. This country has never known a rich president.
There is no need to steal public funds in the hope that having more money will gain you any political office you want. Dr Kenneth Kaunda was not a rich man but he became our first president; Frederick Chiluba was not a rich man but he was elected over people who were considered richer and became our country's second president.
The third president of our country, Levy Mwanawasa, was a well-to-do lawyer but he was not rich. Rupiah Banda didn't have any money when he weaved his way to become the fourth president of our country. Our current president, Michael Sata, is not a rich man and he doesn't seem to have any ambitions of being rich, of having a lot of money.
Chiluba tried to use the money he had stolen as president of the Republic to entrench himself in power and change the Constitution to give himself a third term. He bribed all sorts of scoundrels to support his third term bid but he failed. Stolen money couldn't get him a third term of office.
Hakainde Hichilema has been carrying himself as a very rich man but he has lost the last three presidential elections to people without deep pockets. Don't rely on dishonest wealth; it will do you no good; it will not make you politically powerful. Instead, it may just ruin your whole political career.
It is true, and Enoch Kavindele is right, that corruption has aborted the promising and brilliant public and political careers of some of our country's best sons and daughters. And one such person is Dr Katele Kalumba.
We have said it before, and we are not ashamed to say it again, that Katele has very good leadership qualities that have been destroyed by corruption. It's sometimes difficult to understand why such a nice man, such an intelligent and highly cultured individual could sink so low and get himself involved in all sorts of schemes that were designed to abuse public resources and trust.
We have had the privilege to socialise and work with this man. He is indisputably an outstanding individual, a man one would always find difficult to dislike. But he did something wrong - he got involved in corruption and was accordingly convicted for it by our magistrates' court.
What led to all this? It's vanity. It's greed. It's lack of discipline. It's loss of principles. It's also an issue of being in the wrong company - a political grouping without standards, without values and principles. Corruption was not something frowned upon, despised, disgraceful under the Chiluba regime. It had become a way of doing politics, a way of life.
They were very excited with money and the power, illusory for that matter, that accompanied it. They started to get deformed; they started to think with money, they could rule this country for as long as they want. Chiluba used to boast about that. He used to say there was nobody with enough to carry out an effective election campaign against him. We lost Chiluba to corruption.
Without corruption, Chiluba would have done more for this country because he had talents, great mobilisation talents, excellent oratory - he could move people to do good things if he had the right attitude. But he became big-headed with money and power. It got to his head and to his heart. He lost his sense of humanity, solidarity and duty.
And with that, his public respect was lost. Chiluba died a disgraced man despite the attempts of his equally corrupt friend, Rupiah, to make him a hero. Chiluba did not die a hero. Levy died a hero, and not Chiluba.
Katele is right in showing contrition. Such contrition can only come from someone who has a bit of decency in him. And Katele had some decency in him. And we have no doubt he must now be regretting what he did and how collectively they ran the MMD into the path of self-destruction through corruption.
Enoch is not right in saying that corruption was or is an individual matter and not a matter for the whole party, the MMD. It is a party matter. It is a matter for the MMD. The MMD, as a political party, is a disgraced party. Corruption has disgraced the MMD in the eyes of the public.
Their perception is of corruption and unfitness for public service. And if not handled with honesty and care, such distasteful perceptions may endure and do the MMD damage for a long time. There is need for the MMD to face the issue of corruption head-on. It cannot be denied that the MMD is a party of corrupt people, corrupt leaders, cadres and members who were there for nothing but enriching themselves.
This is not an individual issue. It is a collective issue for the whole party. The MMD is today associated with corruption. Of course, not everyone in the MMD can be said to have stolen public funds or abused public office. But the perception of the public is that this is a corrupt political party.
That's what people think and it must be appreciated as a deeply felt distaste, rather than a momentary irritation. It is very difficult for decent individuals, for honest individuals, to do well in a party like MMD with no decent principles, values and standards, in a political party led by the values, principles and standards of corrupt elements.
Many people joined the MMD to enrich themselves and not to contribute to the happiness of the suffering masses of our people; they joined the MMD not out of a desire to serve but rather out of a need to cheat or rape the nation; they joined the MMD because it paid to belong to the ruling party - there was endless eating, government jobs and contracts.
Some are starting to do the same thing they did with the MMD to the PF. They are quitting the MMD to join the PF for the same reasons they joined the MMD in the first place - to eat, to get jobs and contracts. There is very little, if not nothing, about serving the people, about sacrifice and selfless service.
We have many people in our politics who have been destroyed by corruption. It serves the individual and the nation to avoid corruption, to fight corruption. Imagine what great prospects would be there for our country with politicians like Katele maintaining their integrity and working side by side with the masses of our people to push our country forward!
But we hope Katele is not making these very positive and correct statements to get reintegrated into the political leadership of our country. It's finished for him. But he still can be of value to our country by taking another form of leadership - that of leading by example, by explaining to our people the dangers of corruption by giving his personal example.
If he does that, many people, including ourselves, will be willing to join hands with him and push that agenda. For now, he has to be made to meet the temerity of his actions.
Corruption doesn't pay, it destroys individuals and the nation.
Labels: CORRUPTION, FREDERICK CHILUBA, RUPIAH BANDA
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Government intention to register London judgment pleases British envoy
By Lovely Kayombo and Ernest Chanda
Thu 23 Feb. 2012, 11:59 CAT
BRITISH High Commissioner to Zambia James Thornton says his government is pleased with Zambia's intention to register the London High Court judgment which ruled against late president Fredrick Chiluba and others.
Speaking during the launch of the Anti-Corruption Commission's (ACC) networking with civil society programme at New Government complex yesterday, High Commissioner Thornton said supporting Zambia in the fight against corruption was a top priority for the UK.
"The situation is that we have seen the press reports about the government looking at the possibility of registering the London High Court judgment here in Zambia and we are pleased of that possibility because it is sending a positive signal. If it (government) is able to do that, then it will be a significant move. We are pleased that government has made fighting corruption a priority because corruption affects everyone in society. Corruption diverts money away from public services and those that need it most, mothers needing health services, children needing education or all men and women needing their pension to be paid," he said.
High Commissioner Thornton said the establishment of offices in all districts by ACC had brought the fight against corruption closer to the people and urged the civil society to be fearless and prove debate on the fight against corruption.
"Zambia of today is a fertile ground for the fight against corruption because it has entered a new phase...it is time for civil society to show leadership and bring about change," he said.
And Transparency Iinternational Zambia president Goodwell Lungu has urged the government not to backtrack on its decision to register the London High Court judgment.
"As TIZ, we have consistently indicated that even the previous government should have registered the London judgment so we feel that the current government should go ahead in registering that judgment. Even the previous Attorney General indicated that the judgment was still active so we hope the PF government will not backtrack on that particular note," said Lungu in an interview.
On Tuesday, justice minister Sebastian Zulu said the government was in the process of preparing a Cabinet memorandum which would decide whether or not to register the London High Court judgment passed in 2007 against Chiluba and others.
Responding to a question from Kabompo West UPND member of parliament Ambrose Lufuma on when the government would register the case in the High Court of Zambia, Zulu said since the issue was started by the MMD government, it was necessary for the PF government to look at it.
Asked by Monze UPND member of parliament Jack Mwiimbu if the procedure would be that Cabinet decided on whether or not to appeal cases instead of the Attorney General's office, Zulu answered in the negative.
"Of course this case was taken to court by the previous government. And it is necessary now to look at it. Of course, procedurally, government has to decide now and has already prepared a memo," Zulu told Parliament.
"It is the intention of the Attorney General to enforce this judgment and they want government input."
In 2007, the London High Court found Chiluba, Faustine Kabwe and Aaron Chungu liable to defrauding Zambians of over US$47 million.
Meanwhile ACC director general Rosewin Wandi said integrity among civil society organisations should be secondary and appealed to all organisations that would be selected to utilise the funds in a transparent manner.
Labels: COURTS, FREDERICK CHILUBA
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COMMENT - The gall to say - don't send me to prison because I'm the president. What on earth were they thinking when they took power? That this was their time to loot? Did they give any consideration to not putting Michael Sata, George Mpombo or Chansa Kabwela in prison on thin charges, for things that were barely illegal, like a bounced check or 'distributing pornography' that wasn't even pornography?
‘Please don't send me to jail; I'm too old to go to jail'
By The Post
Tue 21 Feb. 2012, 12:00 CAT
WE are not surprised that Rupiah Banda is asking Michael Sata not to send him to jail but instead forgive him over allegations of corruption. This is what Rupiah himself did to Frederick Chiluba. Clearly, he did not do it for Chiluba, he did it for himself. He set a precedent that was aimed at benefiting himself.
Rupiah's concern was not whether Chiluba had stolen or was innocent. It was about Chiluba going to jail. He openly declared that it would be very sad for him for Chiluba to go to jail. To Rupiah, someone who has occupied the office of president should not be sent to jail for any crime.
Rupiah is a selfish man who only thinks about himself and his family. He claims he is too old to go to prison and that already his family was stressed with corruption investigations and would suffer if he was jailed. Is Rupiah telling us that all these people we have jailed have no families, were not bread earners and their families are not suffering? Is Rupiah telling us that he and his family are more human than all these other people who are languishing in our jails?
Rupiah says Michael is his brother and they have come a long way. Is this all it should take to commit a crime and get away with it? What about the rule of law? What about equality before the law which requires the state to deal evenly and equally with its people? We think Michael gave him the right answer: "It's up to the Zambian people to make that decision."
But Rupiah is a very strange old man. We say this because when Michael used to remind or warn him about the consequences of such abuses, Rupiah used to respond arrogantly: "Nindalama zako?" And today Rupiah is asking the same Michael to do something about the money that was not his.
The truth is Michael has a duty to the Zambian people that takes precedent over obligations to his brother, his friend Rupiah. Unlike Rupiah who put his friendship, his commitments to Chiluba above those of the people he was elected to serve, Michael seems to know what comes first, what is primary and what comes last, what is secondary.
In these circumstances, the best Michael can do for his brother Rupiah is simply to ensure that he receives a fair trial and the due process of the law is followed in the removal of his presidential immunity and in his trial, conviction and jailing. And he should ask his brother Michael to pay him visits on visiting days and bring him his favourite game meat.
That's all Michael should do for his brother Rupiah. Trying to free Rupiah the way he himself freed Chiluba from going to jail would be an abuse for which Michael himself should later be prosecuted and sent to jail.
We are glad Michael is doing the right thing - he is leaving it to the Zambian people to decide. And this means leaving it to the legitimate institutions of the state, of the people to decide. This is what is happening - state institutions, institutions of the people are dealing with this matter in the most judicious way. This is what the rule of law entails - the right to equality before the law or equal protection of the law.
Whether rich or poor, political ally, relative or friend of the president - all must be entitled to equal protection before the law. And under no circumstances should the state impose additional inequalities; it should be required to deal evenly and equally with its people.
No one is above the law, which is, after all, the creation of the people, not something imposed upon them. When laws are established by the people who then have to obey them, both law and good governance are served. Rupiah doesn't seem to understand and believe in this.
To him, power is there to be abused. Only the enemies of those in power, and not their friends and relatives, should go to jail. We all know how Rupiah manipulated our Judiciary to let Chiluba go scot-free and keep his loot. And he wants that to continue and be extended to himself.
The Zambian people did not accept that and will not accept it this time. If anything, Rupiah and those who collaborated or connived with him to abuse our judicial process, to manipulate our courts of law and free Chiluba from going to jail and allow him to keep the proceeds of his corruption should be made to account for their crimes.
And this includes Jones Chinyama, the magistrate who acquitted Chiluba under a scheme that was clearly mooted by Rupiah. It should also include judge Evans Hamaundu who clearly abused his office as High Court judge to meet the desires of Rupiah and allow Chiluba to keep his loot.
Chalwe Mchenga, then Director of Public Prosecutions and now a High Court judge, who in connivance with Rupiah and others withdrew a legitimate appeal against Rupiah's acquittal to fulfil his part in a criminal scheme. And indeed Chief Justice Ernest Sakala should explain his role in all this or what he knows about it.
Rupiah shouldn't think simply because he got away with such abuses of our judicial process, then Michael can do the same and get away with it. We are glad that Michael knows what can be done and what can't be done and how best to respect the people, their institutions and what belongs to them.
If Rupiah seriously wants to be forgiven, he should fulfil the prerequisites of what needs to be done before he seeks forgiveness. The first step in seeking forgiveness is contrition, is being sorry for what one has done. When Chiluba was seeking forgiveness from Levy Mwanawasa, Levy told him to first return what he had stolen from the people of Zambia, or part of it, and then they could talk.
What Rupiah should do is to first return what he has stolen from the people of Zambia and then seek their forgiveness. Trying to patronise Michael - calling him a brother, a friend, someone they have come a long way with - will not do. The money he and his children stole from the Zambian people is not Michael's money - it is people's money.
And the people they have stolen from are suffering - some have even died from lack of proper medical care and indeed from poverty and other deprivations. Rupiah and his sons were not bothered by this. What bothered them was what went into their pockets and bank accounts and the property they were acquiring and constructing everywhere.
They had no mercy on anyone; everyone was at their mercy. They never realised that life is like a big wheel: the one who is at the top today, tomorrow is at the bottom. They never realised that the exercise of power must be the constant practice of self-limitation and modesty.
We can only say let the law take its course; give them a fair trial and send them to jail if found guilty.
Labels: FREDERICK CHILUBA, MICHAEL SATA, PRISONS, RUPIAH BANDA
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Michael has created fear among the corrupt
By The Post
Wed 15 Feb. 2012, 12:00 CAT
THE pursuit of justice must be a fundamental norm of every government, every political leader.And justice requires that no one robs others, no citizen has the right to exploit others, no leader embezzles public funds and abuses his office to enrich himself, his family and friends.
Justice also requires that the fruits of the efforts and intelligence of each citizen should reach all other citizens. Justice requires the consistent practice of political honesty.
The foundation of good government must be established on the sound basis of laws. Corruption is against the law. And the rule of law requires that those who break or violate the law must be prosecuted. It is lawlessness to allow corruption to go unpunished, to allow people to steal public resources with impunity.
It is a strict duty of justice and truth not to allow corruption to go unpunished. Public resources are there for the welfare of all and not for the enrichment of a few. We therefore invite all citizens of good will to avoid corruption at all costs and condemn it whenever and wherever they see it. Corruption destroys social structures.
Citizens of goodwill have a mission to promote transparency, accountability and honesty in society. Corruption is against the law and has drastic evil effects - it is robbing our nation of scarce resources. There are many people in our country today who each day cannot meet basic needs necessary for a decent human life.
These are also entitled to a standard of living worth of human dignity that includes a solid roof over their heads, running water, and other services required in an organised community. Government resources are needed to address these deficiencies, imbalances or inequalities.
Economic justice requires that each individual has adequate resources to survive, to develop and thrive, and to give back in service to the community. Stealing public funds in order to enrich oneself deprives the poor of the opportunity to get themselves out of poverty.
We must be responsible in the use of public funds. An honest, incorruptible authority is needed to guide the energies of all towards the common good. And the government is the instrument by which we cooperate together in order to achieve the common good. This being the case, corruption in government destroys all hope of a reversal of fortunes, especially for the poor and disadvantaged.
There is therefore need for a conversion of heart and for the transformation of the social structures in order to build our country in a manner that will be beneficial to all. We need a government that works for the benefit of all. We need politicians in government who understand that they have a duty to serve the people and to equitably distribute goods and services among all the people.
The work that Michael Sata and his colleagues are doing should not just benefit a few - it should benefit all, especially the poor. The position that Michael has taken on corruption deserves to be supported by all. We are not saying this because Michael is a friend of ours. Yes, he is a friend of ours and there is nothing wrong with that.
Frederick Chiluba used to be our friend. We supported and praised the good things he was doing at the beginning of his government. But power, greed and vanity got to him and totally corrupted his mind, soul, decisions and actions. He started boasting about how sweet power was and how much he didn't know that power was so sweet. He became drunk with power and glory.
He became deformed and abandoned the values, principles and standards that made us friends in the first place. Corruption won him over. He started to live a corrupt life, a life that was far beyond his means. The President of the Republic of Zambia is not a millionaire or billionaire - he is not paid that kind of money. But Chiluba became one through corruption, through abuse of power and public office.
We never hesitated - not even for a moment to denounce his corruption, his abuses and our friendship ended there. It had to end because obligations to the people should always take precedent over commitment or loyalty to a friend. Corruption has to be condemned, denounced and fought wherever we see it and regardless of who is involved in it.
We hope and pray that Michael will not take us through the route that we had to travel with Chiluba. And we are not the only ones who are today praising Michael's approach to the scourge of corruption. Fr Kwaku Mwanza, a Catholic priest in Chipata and the station manager for Radio Maria, is also praising Michael's efforts on this score and he is urging him not to lose momentum, not to scale down his crusade.
And according to Fr Mwanza, corrupt government officials are currently scared of Michael's heightened anti-corruption tone. Yes, this is so because corrupt elements always fear incorruptible leaders. But fear, as Fr Mwanza observes, is a temporary feeling. Soon they will get used and get back to their corrupt ways.
The fight against corruption should therefore not be based simply on fear, on mechanical discipline. It should be based on conscious discipline. But like in all crimes, it is not that those who are involved in corruption don't know that it is wrong to do so.
They know that corruption is wrong and against the law in the same way murderers know that it is wrong and unlawful to kill others - but they still nevertheless go ahead and kill. It seems there is no other sensible alternative to stop corruption other than to fight it. The stakes are very high. Corrupt elements are defending colossal interests and they will defend it with everything at their disposal.
If there is need to kill, they will kill. If there is need to contaminate more structures of government and government officials, they will do so without hesitation. This means that those who want to stop or stamp out corruption are in a very serious fight and have to be very clear about it. Fighting corruption needs leaders who once convinced that a particular course of action is the right one, are undaunted when the going gets tough. Perseverance is needed.
We say this because perseverance is not a long race, it is many short races one after another. Persistence is also needed. This is so because persistent people begin their success where others end in failure. Fighting corruption is risky because corruption always fights back.
And it has the means to fight back. Risks have to be taken in the fight against corruption. To expect to win the fight against corruption without risk is like expecting to triumph without glory. Fighting corruption is a tough undertaking and tough times never last in this fight.
But it is said that where as tough times never last, tough people do. There can be defeats in fighting corruption. And sometimes fighting corruption can be a very lonely undertaking. But as we have seen over the last few days after our soccer victory in Gabon, success or victory has a thousand, a million fathers, but defeat is an orphan.
To succeed, we have to take courage and keep on moving, making mistakes and quickly correcting them - but never quitting. Success seems to be connected with action. So more action is needed from the action man and his colleagues and other collaborators.
Many lies will be told about them. But it is said that smart leaders believe only half of what they hear and discerning leaders know which half to believe. It's a tough fight but victory is certain if we are willing to fight.
Labels: CORRUPTION, FREDERICK CHILUBA, MICHAEL SATA
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Let's treat our presidents the French, Chirac way
By The Post
Sun 18 Dec. 2011, 15:00 CAT
NO one is or should be placed above the law. And no crime can or should be committed in the name of politics. Abusing public office is a crime that should not be tolerated anywhere in the world. Corruption in government is a plague that must be erased from every regime in every place in the world.
A law that allows public officers to abuse their offices is null and void because it cannot be justified morally, Biblically or otherwise. It doesn't work to pass a law that allows one to use his office to steal from the public, to rape the nation.
This is what Jacques Chirac's prosecution and conviction teaches us. Chirac abused his office as mayor of Paris to create 19 totally or partially fake jobs to benefit himself politically. Chirac abused public trust, and entered into illegal conflict of interest. It has taken about 20 years to get him convicted.
The French people had to wait until he ceased to be president of France to get him prosecuted because he enjoyed immunity. But, as the Bembas say, umulandu taubola, his wrongs have caught up with him and not even time could absolve him of his crimes.
Chirac was a very popular politician and a respected French statesman but this has not spared him prosecution. And this should teach something to some of our people who think prosecuting a former president for corruption and other abuses is not right, is an act of disrespect for a former head of state or is seen to be an act of vengeance or malice. There is nothing disrespectful, vengeful or malicious in prosecuting a former head of state who has stolen from his people, who has abused the trust placed in his office to advantage himself financially or politically.
There was nothing wrong in prosecuting Frederick Chiluba for the many financial abuses he engaged in or perpetrated when he was president of the Republic.
Chiluba treated public funds as if they were his own personal monies. He spent over a million dollars in one European boutique buying designer suits, shirts, pajamas, shoes and so on and so forth.
Chiluba abused the intelligence, together with his intelligence chief Xavier Chungu and corrupt businessmen like Faustin Kabwe and some reckless lawyers at home and abroad to defraud the poor Zambian people of their money. When caught, Chiluba and his friends wanted to claim that it was personal money - US $8 million - that he had put in the intelligence accounts in London.
If this indeed was personal money as Chiluba claimed, where did it come from? Who gave it to him and for what? If this money was a gift from so-called well-wishers, it was a bribe. And receiving bribes is still a crime, is corruption. Chiluba and his friends deceitfully cried political persecution.
There was nothing political about their prosecution. The only thing that was political was themselves. However, Chiluba was lucky after the death of Levy Mwanawasa, an extremely corrupt regime of Rupiah Banda was ushered in, of course with his support, to protect him from further prosecution and conviction. There are many other charges which could have been raised against Chiluba if there was political will to do so beyond those which he was questionably acquitted for by magistrate Jones Chinyama.
The MMD leadership used everything at their disposal, including the spineless Director of Public Prosecutions Chalwe Mchenga, who has now been made a High Court judge, to ensure that Chiluba escaped meaningful prosecution. Mchenga made sure there was no appeal against Chinyama's politically-engineered acquittal of Chiluba. And there were political statements by Rupiah and his regime indicating that they were not comfortable with Chiluba being convicted and sent to jail. The rule of law was bent to protect Chiluba.
There was clearly no equality before the law in Chiluba's matter. Even civil proceedings against him received the most ridiculous and contradictory judgments just to ensure that Chiluba kept his loot. Again, there was no rule of law here. It was simply an issue of corrupting all institutions of the state to ensure that Chiluba went scot-free. That they achieved and forces of nature also ensured that Chiluba went scot-free - he died and indeed went free. To where? We don't know!
There are issues of abuse of public resources surrounding Rupiah and his regime. Rupiah made sure that before the end of his tenure of office he had changed the law, removing the abuse of office offence from our statutes. Why did Rupiah do it? To protect himself from prosecution after leaving office. Will this be possible? Yes, it is possible because in the final analysis, the question of whether or not Rupiah should be protected will be decided upon by the politicians at State House and in Parliament.
Right now, Rupiah and his friends are mobilising to ensure that he is not prosecuted for his abuses. Even corrupt clergymen have been mobilised to defend Rupiah and argue that it would be wrong to prosecute him and there should be reconciliation. The MMD today is being held hostage because of Rupiah's fear of prosecution for the crimes he committed while in office. Rupiah wants to ensure that only a leadership that is committed to defending him from prosecution leads the MMD. And of course, there are elements in the MMD who were very much part of the corruption that characterised Rupiah's regime. They too are scared of prosecution.
Even Mchenga is scared of prosecution and has done everything possible to ensure that those he fears could prosecute him are not given the opportunity to do so. Even a few days after being ratified for appointment as a judge, Mchenga was still fighting to protect himself from the possibility of prosecution. We wonder: from what? They are all panicking because they know they did wrong things.
But a decent society should treat all wrongdoing as wrongdoing and prosecute it. And it shouldn't matter who is involved. If it is us involved, no one should protect us from prosecution no matter how friendly or close to us they may be. Let the law take its course.
And we ask this government that if ever there was any wrongdoing on our part of any kind under any regime, including under the current government, we would welcome prosecution than being shielded from it. The most those who don't want to see us in prison can do is to bring us food and other things that can make our stay in prison much easier or less stressful. What we ask of others is what we are asking for ourselves.
If as Rupiah used to allege, we are found wanting in any way, our best treatment is prosecution and if possible conviction and being sent to jail. This is what equality before the law demands. No one should be put above the law regardless of the positions they occupy in society or the previous contributions they made to our country.
Even our very beloved and most-respected comrade, Kenneth Kaunda, if it is found that he stole from the Zambian people when he was president 20 years ago, he should be arrested and prosecuted and if found wanting sent to jail. He is our comrade and we will be visiting him in jail. This is what equality before the law demands. This is what fairness and justice demand.
No one should in any way be placed above the law. And we need politicians who respect this principle. We need state investigative agencies that are firm but fair and just to all.
We need a prosecution agency that treats all equally before the law. And we need judges who are able to administer justice fairly and equally without regard to the political or other affiliation of the people involved. In a word, we don't need prosecution officers of the Mchenga type; we don't need judges of the Mchenga type.
We hope our politicians will allow the law to take its course in so far as Rupiah is concerned. We sincerely believe Rupiah ran a corrupt regime and he himself engaged in corrupt activities. We also believe Rupiah violated the Zambian Constitution by making himself or allowing himself to be a presidential candidate in the 2008 and 2011 elections when he knew very well that not both his parents were Zambians by descent.
In short, Rupiah should be prosecuted for perjury and this doesn't need the removal of his immunity by Parliament because he had no such immunity in 2008.
Labels: FREDERICK CHILUBA, MMD, PRESIDENCY, RUPIAH BANDA
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COMMENT - Also see:
Rupiah resisted to leave power, reveals Magazine, Chibaula Silwamba.
Why Rupiah cried
By The Post
Thu 13 Oct. 2011, 14:00 CAT
We have noticed that some people have been misled into believing that Rupiah Banda willingly gave up the presidency because he was prepared to respect the wishes of the people and he is therefore a good democrat.
Rupiah did not respect our people when he was president. He made a classical mistake of over-confidence. He looked down upon our people so much that he believed that he could rule them for however long he wanted. Maybe this is the advice that he got from his deceased political mentor Frederick Chiluba. We say this because that was Chiluba's mindset as well. Although Chiluba claimed to have been the founding father of democracy, he did not believe in democracy.
And when Chiluba was engaged in a political struggle, he believed in using undemocratic methods that militated against the functioning of the very democracy that he claimed to have fathered. Chiluba is supposed to have told the late Dean Mung'omba that Zambians were so docile that he could rule for as long as he wanted. Chiluba believed this, hence his attempt at a third term.
But the Zambians that he believed to be docile showed him the way out of State House. In his reincarnation as special advisor to Rupiah, Chiluba shamelessly told the nation that he would use all kinds of tricks, including international ones, to ensure that his preferred candidate, Rupiah, won the election. In his bragging, Chiluba forgot that our lives are not ours but they are in the hands of God. That is all we are prepared to say about Chiluba for now.
When the campaigns came, we could all see some of the tricks that were being employed to ensure that Rupiah won regardless of what our people wanted. Clearly, Rupiah thought he could manipulate our people. This country has never seen the amount of election materials, or indeed bribes flowing in an election as was the case with the MMD campaign. They were prepared to subvert the will of the people by flooding them with gifts - wanted and unwanted.
In the last 90 days of Rupiah's presidency, his government degenerated into panic mode and started senseless road works which could not be finished in the time required in a bid to woo voters to his side. This did not work. Rupiah ran a corrupt government which accepted bribes and illicit commissions as normal. With this newly-acquired wealth, Rupiah believed that he could buy the electorate. It is this over-confidence that cost him dearly.
There is no doubt that his loss caught him by surprise. The many pundits that he had accumulated, including very respectable international think-tanks, told him he was winning the election, albeit by a narrow margin. How they decided that the narrow margin would swing in Rupiah's favour is not for us to say. But those predictions lulled Rupiah into a deep sleep of false comfort.
To him, as long as he was throwing money at the electorate and outspending the opposition, he had won the election. More cynically, Rupiah had begun to believe his own propaganda. They kept Michael Sata out of the state media and the only attention he ever got from them was probably the biggest propaganda and character assassination campaign seen in our country.
Rupiah and his minions were so impressed by the lies and defamation that they threw at Michael that they started to believe it. This was to be their undoing. As a result of this overconfidence, Rupiah who promised to pummel Michael in the election and leave him punch-drunk was himself punch-drunk after the polls. He did not believe what had hit him.
We are not, therefore, surprised with the information that is now emerging about the events that occurred in the period after Rupiah realised that he was losing the election. The article from Africa Confidential is very instructive. It helps to put Rupiah's character in proper prospective. It also helps us to understand what happened in the immediate aftermath of the election.
It also helps us to ask interesting what ifs. The biggest ‘what if' is what would have happened if we did not have parallel vote tabulation? We say this against the background that Rupiah and his minions had put up a very spirited fight against parallel vote tabulation. How did they finally agree to have parallel vote tabulation?
It seems we have the influence of the US government to thank for that. This is because it appears to us that the decisive event that made Rupiah reluctantly accept parallel vote tabulation was the visit of US Secretary of State Hillary Clinton. This brings us to the next big ‘what if'. What if Hillary had not visited Zambia?
It is clear that Rupiah only gave up power because he thought there was no alternative. If the election could have been rigged, it was going to be rigged. There was some rigging but clearly, it did not help them as much as they hoped. And as a result of that failure, today we sit with a new government in power.
Rupiah's overconfidence and his having reposed his confidence in money saved the country from a heartless tyrant who would have caused so much heartache in the country had he received a full five-year mandate. The picture that emerges from the information now available is that Rupiah did not intend to give up. But what is more worrying is that he was prepared to tamper with the election and rob the people of their victory.
We must be grateful to those patriots who, in their own way, stood up to stop this. But we must also be vigilant and work to unearth all the wrong things that may have happened in the last election and ensure that dirty tactics are never again used to undermine our democratic process. Rupiah's attempts bring us yet another cold and chilly ‘what if?' What if those who refused to help Rupiah subvert our democratic process did not refuse? Where would we be today?
There is a lesson in that courage to do the right thing is what it takes to serve a nation. For that reason, we salute every Zambian, and even foreigners who stood up to Rupiah and helped to save our democracy. Today, we can write as we do because there is peace in our country. And we thank God for this peace.
As for Rupiah, the wrongs that he did and the wrongs that he tried to do will haunt him until his dying day. Let this be a lesson to all those who wield power on behalf of our people that it is better to use it to serve one's people than to enjoy it for its own sake. Rupiah may not have wanted to give up power but he had no choice in the matter. He put his trust in money and tyranny.
And when it mattered most, these vices failed him. Rupiah was taught that money could buy you friends but not their affection. In the end, when Rupiah realised that his confidence had been misplaced, all he could do was cry because he discovered he had lied to himself and how painful that was.
Labels: 2011 ELECTIONS, CORRUPTION, DEMOCRACY, FREDERICK CHILUBA, HILLARY CLINTON, MARK STORELLA, MICHAEL SATA, RUPIAH BANDA, VOTERIGGING
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Rupiah says he resisted pressure to jail Chiluba
By Kabanda Chulu in Kitwe
Mon 22 Aug. 2011, 13:50 CAT
PRESIDENT Rupiah Banda says he has respect for the Zambian judicial system and this is why he resisted pressure to register the London High Court judgment against the late second Republican president Frederick Chiluba.
During a rally at Chang-anamai grounds in Kitwe’s Kwacha Constituency on Saturday where MMD parliamentary candidates were introduced, President Banda said Chiluba died an innocent man and those people who wanted him to be in jail were ashamed to mourn him.
“I respect our courts and when Chiluba was freed I came under so much pressure from my opponents that I should go to London and see how they arrived at their decision, they were saying take him to London so that Chiluba can be put in jail,” President Banda said.
“But the poor man (Chiluba) passed on and they felt ashamed to mourn him because they said bad things about this poor man but I am very proud that I was a chief mourner at his funeral and this is how we should live and bury each other with honour and not insulting each other.”
He advised people not to listen to people who claimed they would bring development and put money in people’s pockets within 90 days.
“They have nothing else to say hence resorting to chanting that ‘we want change’ what is there to be changed? I have been a leader in MMD for close to four years but those urging you to change have been leaders in government for many years so the change they want is to take this country backwards instead of going forward like what my government is doing through various economic developmental projects,” he said.
President Banda boasted that Zambia had recorded economic success under his regime.
“Consumption of energy has increased due to growth of industries and I am the only President who has ensured that there is in place uniform fuel prices across the country and there has not been any fuel shortage during the last three years and this is the change people would like to see,” he said.
And at the same rally, former vice-president Enoch Kavindele who is part of President Banda’s campaign team, said PF leader Michael Sata was a hard worker but needed closer supervision.
“I know Sata very well and for a long time we served together as ministers but despite being a hard worker he can’t be President because of his temper which can bring chaos in the country so people should vote for RB since he has demonstrated how to bring development in the country such as the tarring of the Mutanda-Chavuma road which some of us failed to do,” he said.
And the MMD directed all parliamentary candidates on the Copperbelt to ferry people in bus and truck loads from various towns to attend the rally because it was anticipated that Kwacha residents would shun the meeting.
President Banda who earlier in the morning on Saturday was in Kitwe to commission road works by Mopani Copper Mines Plc and toilets in Wusakile townships, later held a political rally in the afternoon.
Labels: CORRUPTION, FREDERICK CHILUBA, RUPIAH BANDA
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