Monday, July 22, 2013

Rupiah wants to go
By Joseph Mwenda and Mwala Kalaluka
Wed 10 July 2013, 14:00 CAT

FORMER president Rupiah Banda is now seeking to get his passport back using his knee. Banda's senior private secretary Mikatazo Wakumelo says "the passport will be needed to enable him travel to South Africa to seek medical attention for his knee problem".

And sources have disclosed that this would be an opportunity for the former president to leave Zambia for a "breath of fresh air".

Meanwhile, Banda's office has described Lameck Mangani's attempts to drag the former president into politics when he has already concluded his tour of duty as most unfortunate.

On Monday, Banda arrived at the Lusaka Magistrates' Court complaining audibly about his leg.

"This leg is giving me pain, it started over the weekend," Banda said to his sympathisers as he disembarked from his official motor vehicle outside the Magistrates' Court Complex.

And in an interview at the Lusaka Magistrates' Court yesterday, Wakumelo said sooner or later, Banda would be required to go to South Africa for medical check-up.

"Yes, that knee problem is not new. He has had it for some time now and sooner or later he will be required to travel. Unfortunately, he will have to travel to South Africa where they (the state) do not want him to go," he said.

Asked if there was anything stopping Banda from fleeing once he leaves the country, Wakumelo said it was not his nature.

"Banda has travelled before after leaving the government, he has not run away. Why would he run away now?" he wondered.

When reminded that Banda had never been granted an opportunity to leave the country since his arrest, Wakumelo said his office was aware of attempts to scandalise the former president.

"The problem is that there are some people in the system (government) who do not understand the law… Did you know that the letter of cancellation of his (Banda's) passport was not written by the Chief Passport Officer? It was signed by someone else. You should ask the government who drafted that letter on behalf of the passport officer?" he said.

He said it was not true that Banda had asked for asylum from South Africa or Kenya.

"Banda has not met the Kenyan President since his election into office, how did he ask for that asylum? You need to understand that the whole world is watching," Wakumelo said.

He said with or without a diplomatic passport, Banda will be accorded VIP treatment whenever he travelled out of the country.

Wakumelo also questioned why Banda should apply for an ordinary passport when the law clearly provides that he was entitled to a diplomatic passport together with the former first lady.

But sources have disclosed that Banda intends to apply to travel to South Africa for other reasons.

"It will be difficult for them (government) to block him from travelling to seek medical attention. Also he feels suffocated with all what has been going on and it will be an opportunity for him to take a breath of fresh air, away from the court issues," source said.

Sources said Banda's knee problem was not serious but it was procedural medical examination.

Banda's knee problem was last reported in November 2011 when he went to South Africa for a routine check.

Wakumelo told the media then that the former Head of State was not ill.

"It's just a routine check-up. I am sure you remember that knee. Even if you called our embassy here, they will tell you there is nothing wrong. He has been enjoying good health apart from the old knee problem," Wakumelo said then.

Banda has been trying to leave the country since his arrest for alleged abuse of authority of office on April 15.

His passport was subsequently withdrawn after his second arrest where he was accused of having received nine light trucks as gratification from a Chinese construction company.

In April, Banda re-obtained his passport through a court order to attend Uhuru Kenyata's inauguration in Kenya but his travel was stopped by immigration officers at the Kenneth Kaunda International Airport.

In July, the former president attempted to leave the country again, this time to attend the Boston University's African Presidential Roundtable in Johannesburg, but immigration officers stopped him once again, before his diplomatic passport was later cancelled.

Meanwhile, reacting to assertions by Mangani, the ruling PF parliamentary candidate in the July 25 Chipata Central by-election, that he was pumping a lot of money in the opposition MMD candidate Mtolo Phiri's campaign to ensure that he (Mangani) loses, Wakumelo said that there was no truth in the statement.

"It is also good that Mangani has no evidence whatsoever. It is just speculation," said Wakumelo when asked what the former president's reaction was to Mangani's assertion. "Mangani himself says he is the former president's relative. Now, what is wrong with shaking hands with a relative? Does it mean that if he shakes hands with Mtolo Phiri then it means he is bankrolling the MMD campaign?"

Mangani said in an interview that Banda was still interested in seeing him lose the seat.

"The message we are getting as PF on the ground is that MMD have got enough resources and these resources are from the former president. Remember, prior to the general elections in 2011, the former president swore that he will make sure that Lameck Mangani loses. So, that interest may still be there this time to ensure that I lose the seat. In short, I am saying I cannot rule out the possibility of some money sneaking into this by-election," said Mangani.

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Friday, March 29, 2013

Rupiah and the diplomats

Rupiah and the diplomats
By Editor
Fri 29 Mar. 2013, 14:01 CAT

What happened yesterday at the South African High Commission in Lusaka raises a lot of questions.

Staff of the High Commission were asked to leave the premises before 10:00 hours. And by 09:45 hours, all members of staff of the High Commission who had been asked to leave had left. All this was in preparation for Rupiah Banda's visit to the High Commission. Indeed, around 10:00 hours Rupiah appeared at the High Commission in a Toyota Land Cruiser that was heavily tinted and its number plate removed.

Acting on a tip from members of staff of the embassy, we positioned our journalists at the High Commission in time for Rupiah's arrival. Our staff saw Rupiah in his heavily tinted Toyota Land Cruiser. And they recognised this Toyota Land Cruiser as one of the vehicles that is usually in his convoy. There was no mistake about Rupiah's identity.

Even the guard who appears in our front page picture saluting confirmed that the person he was saluting was Rupiah. This said, the question that arises is why did Rupiah have to appear at the South African High Commission in Lusaka under such high secrecy - staff of the High Commission sent away, Rupiah himself moving incognito in a heavily tinted motor vehicle and without the identifying number plate?

There is definitely some element of mischief here on the part of the South African High Commission in Lusaka and on Rupiah's part. Both didn't want that visit to be known; both wanted it to be secret. But why should a visit to the South African High Commission by a former Zambian president be a matter of such high secrecy? What are they hiding? Who are they trying to hide from? And why should they hide?

We hope the South African government of Jacob Zuma is not trying to interfere in the legitimate internal affairs of Zambia. Rupiah is facing legitimate criminal charges before our courts of law. Rupiah is not before a kangaroo court but before the courts he himself says he has confidence in. If Rupiah does not agree with his prosecution, he can seek legal redress within this same judiciary he has declared confidence in.

Rupiah has challenged the removal of his presidential immunity in the High Court of Zambia. No one has stopped him from doing so. And Rupiah is before a court that he believes will accord him a fair and just hearing. This being the case, where is the problem? What wrong has the Zambian government committed?

Is it wrong for the Zambian government to prosecute a former president who is believed to have committed a crime? The Constitution of Zambia and the laws of this country do provide procedures for bringing a former president to court to answer charges for the wrongs he did while in office. And if this is unlawfully done, the laws of this country do give adequate protection to Rupiah to seek legal redress, as he has done, through judicial review. Where is the problem? What is South Africa's concern?

Didn't South Africa itself prosecute Zuma when he was deputy president for corruption? Didn't the African National Congress terminate the presidency of Thabo Mbeki over these issues? Did the Zambian government protest that? Did the Zambian government interfere in their internal affairs? There are questions being raised about the expenditure on Zuma's personal home; has the Zambian government or have the Zambian politicians raised any issues concerning this?

Not very long ago, the South African police massacred defenceless miners in a manner that some of its own human rights activists are comparing to the apartheid Sharpeville massacre. No one in Zambia or indeed the whole SADC region raised any issue with Zuma or the South African government. This is a matter the South African authorities are dealing with internally.

We know that when it comes to issues of corruption, South Africa is not a good example for the region. It is a country in which corruption seems to be taking root very fast. While we respect the courage and determination of the people of that heroic country to free themselves from apartheid and its evils, we do not look up to them in matters of fighting corruption. They have not shown exemplary behaviour.

And our standards on the issue of corruption should not in any way be dictated by South African conduct. They have very little positive to show on this score. But it is not our duty to interfere with what formula they want to use to share the resources of that country. If corruption is their way of empowerment, we may have a problem with it, but we have no right to tell them what to do or what not to do.

They are a sovereign country and a sovereign people, but so are we and our country. Here we have vowed not to allow our leaders to abuse their stewardship role to enrich themselves, their families and friends. We think there is a better and more honest way of empowering ourselves.
If Rupiah feels victimised and believes he is being unfairly treated, our courts of law are open to him. Let him go there and seek redress as he is already doing. There is no redress over this matter that the South African High Commission or indeed the South African government will accord him. This is not a political matter for political lobbying; it is a legal matter that requires a legal defence. No amount of sneaking into and out of this and that embassy or high commission will save Rupiah from going to jail if he is found to be guilty of abusing his office and stealing public funds to enrich himself and his children.

Rupiah, despite having held the office of president, is a citizen of this country, who is equal to all other citizens before the law. There is a rule of law in this country. And the rule of law is based on equality before the law, or equal protection of the law as it is often phrased. This is fundamental to any just and democratic society. Whether politically or financially powerful, all are entitled to equality before the law.

The lifting of Rupiah's immunity made him equal to other citizens before the law. Rupiah will be prosecuted in the same way any other citizen will be prosecuted for committing a crime. In fact, in Rupiah's case, he is being treated with more respect or courtesy than an ordinary citizen. For this, he should be grateful.

We, therefore, appeal to all the foreign missions in Zambia to be careful with the way they deal with Rupiah and the situation he finds himself in. They shouldn't deceive themselves that they will be allowed to place the interests of Rupiah above those of the Zambian people. If Rupiah matters more to them than the Zambian people, they will soon realise that to us as a nation, the interests of the people take precedence over their commitment to Rupiah. They will also soon realise that Zambia, since independence in 1964, has never been recolonised by any other country. We value our place in SADC but we have not surrendered our sovereignty to any of our highly respected neighbours, including South Africa.

The behaviour of the South African High Commissioner to Zambia is questionable and needs to be explained. It may be necessary for the Ministry of Foreign Affairs to summon him to come and explain his behaviour.


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Rupiah sneaks in, out of SA embassy

COMMENT - The comedy show that is former President Banda's presidency.

Rupiah sneaks in, out of SA embassy
By Joseph Mwenda
Fri 29 Mar. 2013, 14:01 CAT

FORMER president Rupiah Banda yesterday sneaked into the South African High Commission for a private meeting with that country's High Commissioner to Zambia Kgoshi Piet Mathebe.

A check at the High Commission located along Cheetah road in Lusaka's Kabulonga area found employees vacating the offices with a notice on the gate saying the consulate would be closed at 10:00 hours in the morning.

The South African high commission is normally open for business between 08:30 in the morning to 12:00 from Monday to Friday.

Security officers, however, sealed off the premises at 09:45, hours and were not allowing any visitors to the high commission.

"The 'Embassy' is closed. There is nobody inside, everyone has left and so you cannot be allowed (to come in)," said a security officer who was manning the gate.

When asked why the consulate was closed earlier than the indicated 10:00 hours, the officer said they had been given instructions not to allow people inside the premises including those for visa inquiries.

At exactly 10:28, Banda arrived in a tinted silver Toyota Land Cruiser V8 without a number plate and the security guard saluted for the people on board before directing the vehicle in.

When asked why they were not allowing anyone else to go inside the yard yet the stated vehicle was welcomed, the security officer confirmed that the man in the vehicle was former president Rupiah Banda and that he had a private meeting with the high commissioner.

"That is a private meeting that he (High ommissioner Mathebe) had with him (Banda)," said the officer.

Asked if it was possible to find out who else was attending the meeting, the officer said the entire building had been cleared apart from the people in that meeting and that they were not allowed to go anywhere near the office where the meeting was taking place.

The security officers later turned on this reporter and instructed him to leave the premises and park his vehicle at a distance, away from the high commission.

At precisely 12:15, Banda's vehicle was seen leaving the premises.

And sources said Banda went to meet Mathebe to discuss issues relating to the lifting of his immunity and his subsequent arrest.

The sources said Banda had been seeking sympathy from various diplomats accredited to Zambia by claiming that the Patriotic Front government was persecuting him.

Another source however said Banda was suspected to have been at the consulate for a telephone conversation with South African President Jacob Zuma.

Efforts to get a comment from Banda's principal private secretary Mikatazo Wakumelo proved futile as his phone which rung once at 15:45 went unanswered and was later unreachable.

All landlines for the High Commission went unanswered and the High Commissioner's mobile phone was unreachable.

Foreign affairs deputy minister Gabriel Namulambe said he did not have details of the meeting that was held for Banda at the South African High Commission because he was in Mpongwe thanking his voters.

Namulambe said he asked the Permanent Secretary (Margaret Miyoba) to get the details of the meeting but that she had also failed to get in touch with High Commissioner Mathebe as his phone was unreachable.

"I am told all numbers including cell phones are not being answered, so I can't tell you anything about that meeting," Namulambe said.

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