Andrew comes to Rupiah's defence
By Moses Kuwema
Tue 09 July 2013, 14:01 CAT
THE fears by the government that Rupiah Banda may flee the country are fears of a threatened little man, says his son Andrew.
Commenting on Vice-President Dr Guy Scott's defence of the cancellation of former president Banda's passport because he could disappear, Andrew wondered how his father could flee.
"How can my father flee this country? And go where? And do what where? Those are fears of a threatened little man. Is Henry Banda Rupiah Banda? Henry has his reasons why he has not come back. I was in India and I came back and I am in Chipata right now. You cannot judge the standard of another person just because he is his father," Andrew said.
Asked on the revelations that his father had waged a campaign against the PF government outside the country, Andrew asked for proof.
"Have they got proof of that? When the PF were in opposition, they were going all over embassies and discrediting the MMD government. Did you hear anybody's passport being taken away? Did you hear anybody being stopped and their passports being taken away? Let us be fair. What does the law say? The law must not apply to others and then others it must not apply. In any case this matter is in court, why is it being discussed openly by politicians?" wondered Andrew.
During a radio programme on Chipata's Breeze Fm on Friday, Vice-President Scott said the government did not want to look stupid if Banda disappeared from Zambia like his son Henry.
"The problem that we have is that we have a chap, Banda, who is facing charges… we have a chap whose son is being sought by the police for the last 18 to 20 months and has not appeared in Zambia and has not answered any callout. They have not even made his whereabouts known. Do you consider them a flight risk or not? I think it is only reasonable to say let us think about this thing and let us not let him disappear or go and start campaigning against us from outside like he is doing with Robert Amsterdam. They go to South Africa in order to hold a press conference against the PF. Or they write articles in newspapers against the PF in America," he said.
"We must take all factors into consideration. We will look stupid if he went off to some conference in Tanzania on smart partnership and we never saw him again. We will feel embarrassed. He is not locked up. He is free in Zambia but the question of leaving the country is a complicated one. It is not a simple one."
Labels: ANDREW BANDA, CORRUPTION, GUY SCOTT, ROBERT AMSTERDAM, RUPIAH BANDA
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UPND, MMD have colonial mentality - Kabimba
By Roy Habaalu
Fri 14 June 2013, 14:01 CAT
WYNTER Kabimba says the UPND and MMD have inferiority complex and colonial hangover and have hired lawyer Robert Amsterdam to redeem their images.
Commenting on allegations by UPND president Hakainde Hichilema that the ruling party was more corrupt than MMD, Kabimba, the PF secretary general, said Hichilema and MMD were bitter that they lost elections.
"In their bid to try to redeem their images and their faltering political parties, they have found it fit to commission a consultant in the name of Robert Amsterdam to vilify His Excellency President Michael Sata and the PF government in the international media," Kabimba said.
"They realise that they do not have the capacity to diffuse the widespread popularity of the PF in view of its development programmes across the country. While Mr Amsterdam at first introduced himself as the lawyer for former president Rupiah Banda and his son Henry, he is now championing the anti-removal of subsidies campaign and corruption allegations, exposing his true colours as a hired political mercenary for UPND and MMD."
Kabimba said when the PF was in the opposition and made allegations of corruption by the MMD, they did not hire any mercenary to fight for them.
He said the PF used established institutions to fight for their causes.
Kabimba said as a result, they managed to have a tribunal set up against former transport and communications minister Dora Siliya.
"We even commenced an action in the High Court against the then first lady madam Thandiwe Banda. We did not retain an Amsterdam to do this because we do not suffer from an inferiority complex and colonial hangover in the manner the UPND and MMD leadership do," Kabimba said.
He said the leadership style and form of the UPND and MMD could not serve the interest of the people if voted into power because they would be sellouts to foreign interests.
He said the two parties were collaborators with foreign interests against their own people at a time when Africa was fighting to shed off the last vestiges of neo-colonialism.
"What a shame! The campaign by Mr Amsterdam will not yield any results which would bring UPND and MMD into power. Mr Amsterdam has failed to have the former prime minister of Thailand, Mr Shinawatra, regain power despite waging a similar international media campaign. He has no success story to tell except give a ray of unfulfilled hope to desperate men of fickle characters such as Mr Hichilema and his surrogate, pastor Nevers Mumba," said Kabimba.
Labels: CHATHAM HOUSE, MMD, ROBERT AMSTERDAM, UPND, WYNTER KABIMBA
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(LUSAKATIMES) Kabimba takes a dig at Amsterdam, calls him a hired mercenary.
Time Posted: June 12, 2013 7:43 am
Justice Minister Wynter Kabimba has taken a swipe at leaders of the UPND and the MMD for engaging international lawyer Robert Amsterdam to allegedly malign President Michael Sata.
Mr. Kabimba said Mr. Amsterdam is a hired mercenary who is now championing the anti-removal of subsidy campaign and corruption allegations after introducing himself as lawyer for Mr Rupiah Banda and his son Henry.
He said the PF while in opposition did not hire any mercenary to fight allegations of corruption against the MMD.
The Justice Minister was speaking during a news briefing at his office in Lusaka.
Mr. Kabimba said the PF managed to have a tribunal set up against then Transport Minister Dora Siliya and even commenced an action in the High Court against the then First Lady Thandiwe Banda without retaining a foreign lawyer.
He said the PF did not engage a foreigner lawyer because it does not suffer from an inferiority complex and colonial hangover in the manner the UPND and MMD leadership do.
Mr. Kabimba who is also PF Secretary General said the UPND and MMD leadership cannot serve the interest of Zambians if voted into power.
He said such leadership would sell out to foreign interests through the likes of Mr. Amsterdam and his superiors.
Mr. Kabimba accused the MMD and the UPND of collaborating with foreign interest against their own people at the time when the whole of Africa is fighting to shed off the last vestiges of ne-colonialism.
He said the campaign by Mr. Amsterdam will not yield any results which would bring the UPND and the MMD into power.
Mr. Kabimba said Mr. Amsterdam has failed to have the former Prime Minister of Thailand Thaksin Shinawatra regain power despite waging a similar international media campaign.
He said Mr. Amsterdam has no success story to tell except give a ray of unfulfilled hope to desperate men of fickle characters such as Mr. Hichilema and his surrogate, Pastor Nevers Mumba.
Labels: COLOUR REVOLUTIONS, ROBERT AMSTERDAM, WYNTER KABIMBA
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Ex-Zambia leader faces graft arrest
17/03/2013 00:00:00
by Reuters
ZAMBIA has summoned former President Rupiah Banda for questioning over alleged corruption, investigators said on Saturday, a day after parliament stripped him of immunity from prosecution.
The summons could mean government is preparing official charges against Banda, who has been accused of abuse of office and the misappropriation of more than $11 million of public funds during his three years as president.
"I can confirm that the former president has been summoned to appear before us for questioning on Monday," said Namukolo Kasumpa, a spokeswoman for the government investigation team. Justice Minister Wynter Kabimba said on Friday the government had concluded investigations and was ready to prosecute.
Banda's lawyer Robert Amsterdam, in a statement on Saturday, accused President Michael Sata's government of launching a "witch hunt" against Banda, who ruled the southern African country from 2008 to 2011.
Banda was swept from office in 2011 by Sata, whose government has launched several high-profile corruption probes into deals struck by the former administration while it ran Africa's biggest copper-producing country.
Sata's government has already won convictions against a few Banda officials and has been investigating suspected shortfalls in tax collection revenues from copper.
In February, Banda, who then enjoyed immunity from prosecution, refused to appear before a team of investigators which summoned him for questioning.
Labels: CORRUPTION, MMD, NAMUKOLO KASUMPA, ROBERT AMSTERDAM, RUPIAH BANDA, WYNTER KABIMBA
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Robert Amsterdam is an economic vampire - Mpombo
By Moses Kuwema
Mon 04 Mar. 2013, 15:10 CAT
GEORGE Mpombo says the PF's victory in the Mpongwe parliamentary by-election signals a significant breakthrough for the party and a resounding demise for the MMD.
And Mpombo says Robert Amsterdam is an economic vampire.
Meanwhile Mpombo says Zambia's problems cannot be solved on the streets of Johannesburg, and described the opposition political parties that held a briefing in South Africa as political amateurs whose careers would soon go kaput.
Mpombo yesterday said that at the rate things were going for the MMD, the former ruling party was headed for one of the biggest political extinctions.
"Even in my former constituency Kafulafuta, there was a local government by-election, and MMD got a paltry 100 while PF got over 600.
The change is permanent. Right now, PF has become a dominant party in Ndola rural and very soon, all the other seats will be under siege of PF and I am sure they are going to perform well," he said.
Mpombo said the PF had convinced people that it was a party with a national programme for development.
He said President Michael Sata had proved himself to be a locomotive politician who was very seasoned and that people had begun to appreciate his leadership.
"For Ndola rural, the landscape has shifted in favour of PF. There is no doubt about it. Very soon the entire Lambaland will be under PF. The PF has consolidated its position by this resounding performance in Mpongwe. I think it is a great achievement. It is no longer debatable as who is in charge of Ndola rural politically," he said.
And on the PF's victory in ward elections in Itezhi-Tezhi and Namwala, Mpombo said the party had started pulling the rag under the feet of the UPND.
"What this means is that it is very slippery for a political party to just have strength in a particular area, so the results in Namwala and Itezhi-Tezhi actually means that PF has started pulling the rag under the feet of UPND. It is also a sign that the PF has come to be accepted as a national party.
These are warning shots from PF to opposition political parties because very soon, you will find that there is a very good chance that UPND can be displaced. People are looking at results, performance, leadership, the direction of the country. It is a major victory for PF. It is a wake-up call to the UPND that they should change their political strategy; otherwise, they are in for big trouble," said Mpombo.
And according to extracts from his yet-to-be-published book The Audacity of a Journey, Mpombo, who is Zambia's deputy high commissioner to Nigeria, described former president Rupiah Banda's lawyer Amsterdam as an economic parasite who had no moral compass.
"Mr Robert Amsterdam is baying for Zambia's blood. He is baying for this blood for economic reasons. He has gone on an international campaign to humiliate and embarrass Zambia. He is an economic vampire who is hell bent on extracting every alms of kwacha. Zambians should be wary of such men masquerading as crusaders of peace and things like that," he stated.
He stated that if Amsterdam was a man of morality, he should tell the nation where the money he was receiving from his client was coming from.
And Mpombo stated that the opposition should not behave like a clique of political amateurs. He described the gathering in South Africa as a conclave of 'political reprobates'.
"They highlighted shocking levels of political amateurism because the issue of immunity is a sovereignty issue. It is a constitutional issue which cannot be resolved in the streets of Johannesburg. They were mortgaging the integrity of the country. If there are any problems, they should initiate dialogue with government, and government is bound to listen to them, and not go to Johannesburg," Mpombo stated.
Mpombo stated that it was unfortunate that the opposition had in their midst during the briefing in South Africa, international musketeers and racketeers.
"It is a greatest insult that these leaders could gang up with neocolonialists and hold such useless meetings in South Africa.
This collywobbles, where is it coming from and why now? They should understand that Zambia is a sovereign nation and cannot be subjected to some naked dance in the streets of Johannesburg. Every responsible politician cannot gang himself with neocolonialist and international gangsters," he stated.
Mpombo stated that the opposition should behave with a modicum of political responsibility and integrity.
"They should tell us which nation has gotten orders from the streets. You don't just go and join international con men and start….First analyse the driving force behind the desperation. Zambia is a sovereign nation and cannot be lectured to by international musketeers and racketeers. If a politician does not understand that, then he becomes irrelevant," Mpombo stated.
He stated that the action by the opposition was a desperate bid to gain relevance but that because of the way they were handling their issues, they risked becoming irrelevant.
"It is unbelievable that people masquerading as leaders would go and engage themselves in that kind of diabolical scheme. The best way to strengthen the nation is to sit down," stated Mpombo.
Labels: GEORGE MPOMBO, ROBERT AMSTERDAM
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Amsterdam a gold digger - Kabimba
By Joseph Mwenda and Kombe Chimpinde
Thu 07 Mar. 2013, 14:00 CAT
Opposition playing into Amsterdam's agenda... JUSTICE minister Wynter Kabimba has described international lawyer Robert Amsterdam as a senile old man who is a gold digger.
Kabimba said this in an interview after the Commonwealth fact-finding team yesterday held a meeting with the Zambian government in which Cabinet ministers present and judicial representatives challenged the opposition petition to the international body.
The Commonwealth secretariat was represented by Jarvis Matiya and Koffi Soya while the Zambian government was represented by Solicitor General Musa Mwenye, Director of Public Prosecutions Mutembo Nchito, foreign affairs minister Effron Lungu, information and broadcasting minister Kennedy Sakeni and Kabimba, among others.
Kabimba thanked the Commonwealth secretary general for sending a team to come and get the truth from the Zambian government.
"This follows the document that was submitted to them by the opposition under the team called the Coalition for the Defence of Democratic Rights (CDDR) with Mr Robert Amsterdam as their Godfather," he said.
"The opposition and Amsterdam wanted to sneak that document to the secretariat but they didn't know that international organisations don't work like that."
Kabimba said Amsterdam was trying to make a fortune from leaders that had allegedly squandered the treasury of their own people.
"Mr Amsterdam is a senile old man who is a gold-digger… He wants to turn the victims of such situations into villains and villains into victims. President (Thaksin) Shinawatra ran a corrupt regime against the people of Thailand, so the people of Thailand were the victims of his deeds and so is Mr Rupiah Banda," he said.
Reminded that Banda warned that the current government would be haunted by the precedence it was setting on removing his immunity, Kabimba said the PF leadership was not afraid.
"We are not afraid of that (having our immunity lifted) after leaving office. This is precedence now that we are setting. So it is incumbent upon us in public office that we shall do so in the service of the people of our country and not to enrich ourselves," he said.
Kabimba said the government presented its position to the Commonwealth secretariat and showed evidence of the lies peddled by the CDDR.
"There was a clear attempt by Mr Amsterdam, Rupiah Banda, Hakainde Hichilema, Pastor Mumba and Sakwiba Sikota to mislead the international community that Zambia was sliding back to the one party state, that their civil rights were being infringed, that their freedom of association was being interfered with and their freedom of expression…there was an attempt by the Zambian government to obliterate the opposition, that our Judiciary did not enjoy any judicial independence. And that the public order Act was infringing on their civil rights. To their dismay, the team has availed the same document to us and we have responded through this team to the issues that they raised in that document.
The issues were either distorted or totally false in substance," he said.
"We were able to respond and clearly show that this is an attempt by citizens of a country as leaders of the opposition to vilify and malign their own country in collaboration with citizens of a foreign country, purely to source financing from or through Mr Amsterdam for their weakening political fortunes back home. They are acting like conmen purportedly riding on a political platform to raise money for themselves."
Kabimba said the opposition was helping champion Amsterdam's agenda.
"They are playing into Mr Amsterdam's agenda to protect Mr Rupiah Banda and his family against the offences that they committed for the people of Zambia during his reign. We were able to tell the Commonwealth team that this is a scheme to circumvent the due process of the law here in Zambia to call Mr Rupiah Banda and his family to account for the wrongs they committed while in government," he said.
"We told them that this is a group of opposition political parties that all over a sudden have turned against their own public pronouncements that the MMD was a corrupt government, today they see nothing wrong about the wrongs committed by the MMD against the people of Zambia.
We also told the Commonwealth team that it is not the intention of the PF government to kill the opposition. The problems facing the opposition are internal and not external. The MMD and UPND leadership have failed to win the confidence of the Zambian people in the manner that the PF did during the time it was in opposition."
He said the Commonwealth team did not immediately respond to the government's submission.
"They didn't give us any response because this is a fact-finding mission. They will have to go back and submit a report to the Commonwealth secretary general," Kabimba said.
And reacting to Mumba's claim that the State entered into a nolle prosequi in his case because they were afraid of the Commonwealth team which was in the country, Kabimba reminded him that he still had another case in court.
"This is not the first time that the State has entered a nolle prosegui against an accused person. In fact, if you want to show how preposterous that assertion is by Mumba, you will see that a nolle has been entered against a case in his disorderly conduct and not the one where he is alleged of having abused his office while he was High Commissioner in Canada. That case is still running and he can be assured that no nolle will be entered against that case. We shall go all the way to show the people that we respect the independence of the Judiciary," said Kabimba.
And according to sources, the Commonwealth team has assured government that the petition presented by opposition political parties did not contain serious issues to worry about.
"Of course we put forward our case as government, one of them being the bitterness the opposition have shown ever since they lost the election. We also gave them the background to this whole issue; that our colleagues have been driven by bitterness and jealous from the time they lost the election. On the other hand, we had a dossier about our colleagues in the opposition which we presented to the Commonwealth team," said sources.
"And they told us that from what our colleagues presented to them, there was nothing serious that we should worry about. They said there is nothing that should warrant Zambia's suspension from the Commonwealth or that any sanctions should be imposed on Zambia. So the opposition were simply wasting their time by incurring such expenses of holding a conference in a foreign land to denounce their own government."
Labels: COMMONWEALTH, ROBERT AMSTERDAM, WYNTER KABIMBA
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Katele blames Sejani for L/stone violence
By Godfrey Chikumbi in Nchelenge
Mon 04 Mar. 2013, 16:00 CAT
KATELE Kalumba has blamed UPND's Ackson Sejani for the Livingstone violence, which led to the death of a PF official Harrison Chanda last week.
And Kalumba says the Law Association of Zambia (LAZ)'s prolonged silence on Rupiah Banda's lawyer Robert Amsterdam's insults on innocent citizens is a source of concern.
In January this year, the opposition UPND warned that in order to curb what they termed vote rigging, the party would in future by-elections use the Mapatizya formula, a term coined following Sejani's announcement in 2005 that he had declared a "Jihad Political War" during that year's by-election, which he contested in Mapatizya.
The Mapatizya formula is a term used to describe the violence that erupted between the then ruling MMD and opposition UPND in the Mapatizya parliamentary by-election in 2005, which left more than 10 people seriously injured.
Commenting on the political violence that erupted in Livingstone last week, which led to the postponement of the parliamentary by-election by the Electoral Commission of Zambia, Kalumba said Sejani was to blame for the inventing the dreaded Mapatizya formula, which the UPND was allegedly using.
He said it was shameful that Sejani had chosen to be associated with violence.
The Mapatizya formula was conceived on May 4, 2005, when the UPND held a press briefing to announce the names of their adopted candidates for the for Kalulushi and Mapatizya by-elections on June 9, 2005.
UPND had adopted Sejani as its candidate for Mapatizya.
Sejani, a former minister of local government in the Frederick Chiluba regime, announced at a UPND conference that he had declared what he termed a Jihad Political War, alleging that the war was directed against the MMD's "electoral corruption and rigging".
"I'm sure by now Sejani is regretting his invention of the Mapatizya formula, which is now being used as a means by the UPND to settle differences with their political opponents," Kalumba said.
He said Sejani was his personal friend and never wanted him to leave a bad legacy which would haunt Zambia.
"Let him remember the words we used in the car park of the National Assembly that we have to survive to leave behind a country our children will live to love. This is the politics of decency, intelligence and rational debate," Kalumba said.
He advised the UPND to quickly abandon their Mapatizya formula as it had failed to inspire Zambians.
"Where there is perception of injustice, there is always an opportunity to devise means that are rational to overcome injustice. That is what the civil rights movement in the United States of America used to overcome injustices. We also used it to overcome injustices that the one-party state brought," Kalumba said.
"There are people like Douglas Siakalima in the UPND, a young and intelligent politician who cannot support hooliganism. Siakalima must help the party to drift away from violence."
He also said the opposition that President Michael Sata was involved in never resorted to violence whenever it was faced with political challenges.
Kalumba said the PF in opposition always used the judicial system to confront political challenges.
"Sometimes he (Sata) won, sometimes he lost but that is part of our political practice in this country," Kalumba said.
He observed that there were many times when President Sata aligned himself with the Church to put pressure on the government.
"President Sata used NGOs to mobilise public debate in support of the PF agenda. The peaceful strategies that Sata used were dynamics which might not have been visible but worked well for Zambia," Kalumba said.
And commenting on Amsterdam's unpalatable language against the Zambian government and citizens, Kalumba said LAZ's failure to condemn Amsterdam's "unethical behavior" was a matter of concern.
He said despite Amsterdam being a foreign lawyer, LAZ had a role to play in the matter because the lawyer's behaviour was an assault on the legal etiquette.
The former MMD national secretary said LAZ was an affiliate of other international law bodies, which put it in a position to ensure that Amsterdam is disciplined.
Amsterdam recently said those calling for the lifting of Banda's immunity were playing the role of "useful idiots".
"LAZ is a member of other international law organisations; why are they not using those international legal channels and processes if they consider his (Amsterdam) behaviour inconsistent with the legal etiquette?" Kalumba asked.
He said Amsterdam had violated the basic legal ethics, which warranted disciplinary action against him, adding that it was only LAZ that was capable of pursuing the matter.
"LAZ has a position on this matter that should be made known publicly. The more they (LAZ) keep quiet, the more panic it will cause among many Zambians who have not accepted the insults by Amsterdam. If Amsterdam gets away with this, Zambians will lose confidence in the judicial system," Kalumba said.
"A common saying says silence is a form of violence. Therefore, by keeping quiet, LAZ is provoking many Zambians who expect to get the guidance on how to proceed on the Amsterdam matter. Where does LAZ really stand?"
He also advised Amsterdam against using insults as a way of defending his client.
Kalumba said if Amsterdam was a legal practitioner of integrity and credibility, he would not have hurled insults at Zambians, who only complained about his client (Banda).
"When a lawyer resorts to insults, then legal reasoning has evaded that lawyer. It is not a legal strategy to insult a country or people in order to defend your client. If your client has a defensible case, you only resort to issues of facts, evidence or law in order to protect your client in the court of law," he said.
Kalumba wondered what law school Amsterdam went to which taught him to defend cases using insults.
"He must have gone to a law school and admitted to a particular bar and obviously he understands the legal etiquette that he is supposed to respect. He is the first lawyer I have heard using insults to defend cases," he said.
Kalumba explained that while he respected the idea that Banda had a right to use any lawyer of his choice to defend him in court, it was unacceptable for Amsterdam to continue provoking Zambians.
He has since advised Banda to find himself a decent lawyer because Amsterdam would not represent him effectively.
And Kalumba has condemned the negative perception and reporting being exhibited by some international media on Zambia's current political situation.
He said some foreign forces wanted to use their media to manage global perceptions on governments they either supported or opposed.
Kalumba said the Western media had a tendency of painting certain governments as darlings when there was tyranny in such countries.
"The Mobutu government in the then Zaire was for a long time a darling of the West, yet there was tyranny in the country. Zambia has a built-in mechanism for resolving conflicts which most international media do not understand. They don't understand the role of the Church, traditional and cultural leaders and non-governmental organisations," he said.
Kalumba urged the international media not to be used as a catalyst for creating failed states in the world.
Labels: ACKSON SEJANI, HARRISON CHANDA, KATELE KALUMBA, LAZ, MMD, POLITICAL VIOLENCE, ROBERT AMSTERDAM, UPND
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RB’s lawyer is ignorant
February 15, 2013 | Filed underComments | Posted by mitia
FORMER president, Rupiah Banda’s international lawyer Robert Amsterdam has certainly clocked up air miles that recently took him to Rosebank, South Africa.
For whatever reasons he went calling, and most likely it was to garner international support for his client’s claims of innocence against alleged corrupt and other criminal activities, it was much publicised in the local Zambian media.
His most high-profile hosts were former president Rupiah Banda, MMD president Nevers Mumba, UPND president Hakainde Hichilema, ULP president Sakwiba Sikota and ZDDM president Edwin Sakala.
This got me thinking. Perhaps Amsterdam was so preoccupied with grappling with the presidential immunity crisis of his beleaguered client that he forgot to keep himself abreast of Zambian politics before he touched down in Johannesburg.
Amsterdam showered encomiums on MMD president Nevers Mumba and UPND president Hakainde Hichilema.
But perhaps you cannot blame the man for his ignorance.
That the opposition leaders he showered praises on are, political neophytes who are disillusioned and disgruntled seemed to have escaped Amsterdam’s notice.
For the man to come to South Africa to express a loathing of Zambia’s leader Michael Sata and a simultaneous praising of Nevers Mumba and Hakainde Hichilema appears ironic and contradictory to many in Zambia.
The palpable danger is, of course, that Zambian opposition politics is being left to mediocre actors. Political values have percolated away.
MUBANGA LUCHEMBE
Lusaka
Labels: ROBERT AMSTERDAM, RUPIAH BANDA
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COMMENT - You know the saying, "Lawyer, liar, pants on fire." Rupiah Banda has been 'ruthlessly targeted by the Zambian government'? I wish. This is part of the neoliberal opposition's attempt to play to the international gallery, rather than try to win over the people of Zambia to vote for them. Notice the attack on the independently owned media, especially The Post. Also see Hakainde Hichilema's appeal to the Commonwealth.
Robert Amsterdam’s Open Letter to Mutembo Nchito
Time Posted: February 14, 2013 8:44 am
AN OPEN LETTER TO THE DIRECTOR OF PUBLIC PROSECUTIONS OF ZAMBIA
MR. MUTEMBO NCHITO
Dear Mr. Nchito,
I write to you as international counsel to His Excellency former President Rupiah Banda regarding serious and urgent concerns over your conduct as Director of Public Prosecutions over the past year.
As you are well aware, His Excellency and his family have been ruthlessly targeted by the Zambian government and investigative wings under your direction in a systematic campaign of politically motivated calumny and defamation with little parallel in Zambian history.
For almost 16 months, the state-controlled media and politically compromised media such as The Post have published a vast array of patently false accusations against the distinguished former head of state and his family, ranging from the disappearance of gold, to trumped up conspiracies of oil contracts, to total non-crimes such as campaign fundraising.
The fact that these allegations turn up as sensationalist headlines in the media only to disappear and be forgotten speaks volumes about their fundamental lack of substance. After 16 months of this attack campaign, there has not been one single formal charge or even a real investigation. Worse still, after 16 months, we have not been informed of what, exactly, if any, alleged offence took place.
The purpose of these trials-by-headline is to damage reputation in place of any sort of procedural exercise of the law based upon the presumption of innocence. It is clear that you, Sir, and your former business partner Fred M’membe of the Post Newspaper, are in charge of overseeing a civil conspiracy to defame a respected elder statesman.
Over the last number of days, myself and many others have received calls from individuals who have been brought into some kind of desperate dragnet in an attempt by the investigative wings to come up with some form of credible charge against the former President.
Most recently, the former President was subjected to an extraordinary and illegal request to attend before the Joint Investigative Team to allegedly answer in respect to charges that were, yet again, unspecified. In furtherance of your civil conspiracy to harm the reputation of President Banda, you provided newspapers, including the Post, with this private and confidential correspondence prior to even these requests reaching the hands of my client.
Now sir, let us publicly review some facts. Along with Mr. M’membe, you are known co-defendants in a civil trial where you have been found to owe more than $3 million U.S. dollars to the Development Bank of Zambia (DBZ). Your professional misconduct in that case earned the discredit of the judge, as shown in comments he made in open court which made its way into the ruling.
Given the fact that it is uncontested that you and your co-defendant M’membe approached President Banda during his tenure for financial assistance but were refused, you both have harboured ill will towards myclient that has manifested itself in this notorious campaign of defamation, intimidation, and harassment against him and his family.
Along with the Patriotic Front’s apparent goal of returning Zambia to a one-party state and President Sata’s determination to wipe out political competition, the Nchito-M’membe defamation conspiracy against the Banda family found an enthusiastic sponsor in the administration.
Objectively, Mr. Nchito, this position raises important considerations of professional criteria of office. The reasonable apprehension of bias both subjectively and objectively represents a hurdle you could not overcome before any rule of law court. It is arguable that your conduct itself constitutes a perversion of justice, particularly in combination with the illegal arrests and detentions of opposition leaders, which have damaged Zambia’s standing as a state supposedly enjoying an independent judicial system.
You have also violated the Guidelines for proper prosecutorial conduct promulgated by both the African Commission on Human and Peoples’ Rights and the United Nations.
The African Commission’s Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa require that prosecutors “carry out their functions impartially and avoid all political … or any other kind of discrimination.”[1] They further mandate that Prosecutors “act with objectivity.”[2] And further, that prosecutors “shall always conduct themselves in accordance with … the recognized standards and ethics of their profession,”[3] and “perform their duties fairly, …, and respect and protect dignity and uphold human rights, thus contributing to ensuring due process …”[4]
Identical standards are included in the United Nations’ Guidelines on the Role of Prosecutors.[5]
Your conduct violates all of these fundamental standards of prosecutorial ethics.
Your actions against President Banda, his family, and leaders of the opposition blatantly discriminate on political and other grounds, fail to meet minimum standards of impartiality, objectivity and fairness, and disrespect their dignity and human rights, including their right to due process of law. Your abusive actions fall far below the “recognized standards and ethics” governing prosecutorial conduct.
In addition, there is the fact that President Sata himself has interfered with the judicial process directly in an attempt to benefit you and M’membe by suspending the judges and justice who ruled against you in the DBZ case after a full hearing in a Zambian Court.
This, too, violates the African Guidelines, which mandate that judicial bodies “shall be independent from the executive branch” and free from “any inappropriate or unwarranted interference.”[6]
When you combine your record of contemptuous conduct to the judiciary with the illegal and defamatory attack on my client, it appears that such circumstances one might go over your head to the Minister of Justice.
The Minister of Justice Mr. Wynter Kabimba, however, also serves as Secretary General of the Patriotic Front, and has shown himself to be contemptuous of the investigative wings and to hold himself above the law. For ease of reference I attach a photo of the Justice Minister at the ACC accompanied by menacing PF thugs, refusing to answer substantive allegations over his own conduct.
In such a hopelessly politically charged and biased environment, your attempt to lift my client’s immunity represents a shameful departure from Zambian history.
I call upon you to resign from the post you should never have been awarded, and do the honourable thing, if you have any honour left.
In light of your behavior to date I intend to file a complaint before the African Commission for Human Rights early next week documenting these concerns and evidence of your misconduct unless I receive a satisfactory response by Monday close of business.
Sincerely,
Robert Amsterdam
International counsel to former President Rupiah Banda
Labels: AMSTERDAM PEROFF, CORRUPTION, DPP, FRED M'MEMBE, MUTEMBO NCHITO, ROBERT AMSTERDAM, RUPIAH BANDA, THE POST
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Henry Banda’s Lawyer Robert Amsterdam should fight a clean fight: Sata is not Zambia and Zambia is not Sata.
TIME PUBLISHED - Tuesday, October 23, 2012, 7:03 am
By Pezzy Kudakwashe
Efforts aimed at “sabotaging” Zambia’s economy by Robert Amsterdam, Henry Banda’s lawyer, should be condemned by every Zambian regardless of political affiliation.
Canadian citizen and self proclaimed international lawyer, Robert Amsterdam representing former president Rupiah Banda’s son, tweeted very negative sentiments while Michael Sata was in Japan.
The comments were aimed at blocking” would be” Japanese investors from investing in Zambia. He tweeted both in Japanese and English saying ” President Michael Sata of Zambia is asking Japan to invest. Maybe they should ask him why he is making the state’s property his own”.
Mr Amsterdam seemed to have lost the focus of his so called “fight for justice” for his client, Henry Banda.
Instead of fighting for the freedom of his client, he now has resulted to acts of desperation with intentions to jeopardize the lives of 11 million Zambians while trying to protect Henry.
It is obvious that there is a growing enemity between Sata and Amsterdam, however, that does not give him the green light to sabotage Zambia’s economy. A learned man of his caliber should know fully well that Sata is not Zambia and Zambia is not Sata.
What kind of lawyer abandons court justice procedures in favor of cheap slogans which in this day and age are used by hooligans sponsored by desperate political parties.
Amsterdam is over-blowing the case of government of Zambia vs Henry to a point where he does not care who gets hurt in the process.
Supposedly a” professional lawyer”, operating from Ottawa, Washington DC and London, his actions are lower than a third world party cadre or vigilante
He has gone out beyond his borders in the name of “fighting for justice” and now his fight is on the verge of bringing injustice to the entire Zambian population.
Amsterdam should fight a clean fight. His fight is against Sata and his lawyers. His fight is not and should not be against the Zambian people where Henry belongs.
His focus is to represent Henry Banda and not to create enemies for Zambia. He cannot and should not hold us hostage over his ill feelings for Sata.
His target is the Sata regime and his actions to hurt our people and economy in the process of representing our fellow Zambian, should be condemned by all those who love Zambia.
Zambia is the safest place to invest in our region despite what Amsterdam thinks.
Every Zambian should rise up and speak against Amsterdam and condemn his primitive ways of seeking justice.
We Zambians do not advocate for street justice, we believe in settling our matters in peace and dignity. We may be a poor third world country but that does not mean anybody can walk all over us in the pretext of providing justice for one of us.
Amsterdam has failed to represent his client and he is now using his careless tweets to cover up his failures.
This is a typical case of lawyer turned economic saboteur in desperation to win a case for a shoddy client. Amsterdam is trying to let the world hear a positive story from the dubious Henry Banda case.
In Amsterdam’s eyes, Henry is innocent and the Zambian government and its citizens are wrong, thereby, deserving to pay dearly for the sins of trying to find answers to the corruption allegations.
Or even if Henry has a case to answer, Amsterdam wants to win the case to justify why his client paid the big check.
However, the route he has chosen to win the case cannot be condoned. His action are not just meant to bring down the Sata regime but the entire Zambian economy.
Amsterdam’s grudge against Sata does not justify his comments aimed at hurting many poor Zambians who could be affected by his careless campaign against Zambia.
Any good lawyer always guards oneself from actions that would put innocent people in hams way while on a path to seeking justice.
This serves as a great lesson for us Zambian’s who always think justice can only be found in the west. This is a typical failed case where a Zambian prefers to hire a foreign lawyer over our own, only to get half backed justice.
Amsterdam is using ordinary Zambians as his human shield. He is looking for ways to hurt our economy. When he achieves that, he hopes the people will rise against the government and his client’s enemies.
What an evil way to seeking “justice” by using routes that only satisfy one’s selfish ego.
Amsterdam’s job should be to represent Henry Banda, and not fight Zambians.
This issue is very unfortunate and Amsterdam deserves to be reprimanded and condemned for his bad actions.
Lesson learnt, we need to stop hiring foreign people that will hurt us when they fail to do their work. Should we reexamine judge Chikopa’s appointed too? His appointment undermines our justice system.
Let’s build Zambia by Zambians and foreigners who love Zambia. Peace.
Labels: COLOUR REVOLUTIONS, HENRY BANDA, ROBERT AMSTERDAM
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