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Come up with clear charges against Henry, Dr. Mutesa advises Government

Time Posted: April 19, 2012 1:47 pm
Zambians for Empowerment and Development (ZED) President Fred Mutesa

Zambians for Empowerment and Development (ZED) President Fred Mutesa

Zambians for Empowerment and Development (ZED) president Fred Mutesa says investigative wings should come up with clear charges against former President Rupiah Banda’s fugitive son Henry Banda.

Dr. Mutesa observes that the manner in which the matter involving Henry is being handled by all the parties involved has the potential to tarnish Zambia’s image.

He has observed that the international media is portraying as though the government has launched a witch-hunt on selected individuals.

Dr Mutesa has stressed the need for all investigations into allegations of corruption to be anchored on precise charges.

He was speaking to QFM news in an exclusive interview.

And Henry Banda’s international lawyer Robert Amsterdam has questioned the credibility of the commissions of inquiry appointed by republican president Michael Sata.

Mr Amsterdam’s recent attacks on the PF Government follow his labeling as a War Dog by PF Secretary General Wynter Kabimba.

In a statement released to QFM News, Mr Amsterdam has charged that the handpicked Commissions of Inquiry are led by politically biased chairpersons, who he says are publicly scolded if their reports do not produce the desired results.

He adds that Mr Kabimba is misinformed concerning the issue of judicial independence in Zambia, stating that there are many independent and prestigious judges, prosecutors, and jurists in Zambia, adding that that’s exactly why much of what is being seen takes place outside the judiciary in an apparent reference to the Commissions of Inquiry appointed by President Michael Sata.

Mr Amsterdam says the statements made by Mr Kabimba this week against him stand as proof of the political motivations behind the Zambian government’s allegations concerning Henry Banda
He adds that based on the attacks against him and his client by Mr Kabimba, it is now clear beyond the shadow of a doubt that the allegations against Henry are entirely political.

He further states that the reason Mr Kabimba is attacking him is because it is the Patriotic Front who have cried havoc and let loose the dogs of war when they allegedly unlawfully seized MMD vehicles, opened up absurd cases with no evidence, and put Zambia on the road back to a one party state with the attempted de-registration of the MMD.

Mr Amsterdam states that this is what happens when the separation of powers break down and the constitution is ignored.

He says Henry has done nothing wrong, and has not been charged, tried, or even officially informed as to the nature of allegations against him, and yet the government defames him in the press every day.

He argues that there is no rule-of-law court in the world that would consider extraditing Henry following such alleged persecutory statements by Mr Kabimba

Mr Amsterdam adds that the prosecution of Henry is occurring in the context of nationwide crackdown on the political opposition, aimed at eliminating their ability to compete in future elections.

QFM

41 Comments

  1. vote
    flag Zeb Mpinganjira says: Zeb Mpinganjira
    April 19, 2012 at 1:53 pm |

    This Amsterdam chap is playing to gallery, his major tactic is to make the case political and put the Government on trial.
    As Dr. Mutesa has advised, put out specific charges, one or two and then demand his realease. South Africa is our neighbour in the region and I am sure we have SADC protocol that can address this issue, even without the Interpol Red Alert!!!

    Reply
  2. vote
    flag Amayama says: Amayama
    April 19, 2012 at 1:56 pm |

    Ba Mutesa naimwe – Henry is just wanted for questioning and dependent on his responses he will then be charged. The guy is under investigation and he should make himself available if his conscious is clear. How can you hire an expensive international lawyer when you are innocent. You may call it witch hunt, but the Zambian people were not in oblivion to what the RB family was about and really lets be serious if we want to fight corruption.

    Reply
    1. vote
      flag Ice_Road_Trucker says: Ice_Road_Trucker
      April 19, 2012 at 4:17 pm |

      Wasn’t Nevers Mumba wanted for questioning as well. What became of the case?

      PF is harrassing and witch hunting selected individuals.

    2. vote
      flag Bakulu says: Bakulu
      April 20, 2012 at 1:51 pm |

      Ba Amayama naimwe, The ZP not long ago issued an arrest warrant for Interpol to arrest the guy, implying there were specific charges. Why can ZP not make those charges known now and use them as a case to have Henry extradited.

      Just in case you misunderstand, justice cuts both ways. We would all like criminals brought to book, but at the same time as a democracy guilty must be proven beyond reasonable doubt for anyone to be prosecuted.

      To me this case only underscores the incompetence of our security wings and in particular the Police. As for the politics behind all this I leave that for a more competent you to judge.

  3. vote
    flag M N Lwiimba says: M N Lwiimba
    April 19, 2012 at 2:08 pm |

    Amayama, it is not the question weather the RB family got involved in dirty works, it is the matter of pressing very clear charges. I believe that they know what they want to charge him for, what is it that they want to talk to him. The fact that the people outside the judiciary are busy trumpeting the matter, it gives room to discrediting the case, something which can be easily avoided.

    I believe that if Henry is found wanting, it will be easy for Interpol or our neighbors to extradite him. I hope we will not hear some of the strange statements like we are not investigating Henry.

    All in all let us take Dr’s advise simple politics aside.

    Reply
    1. vote
      flag Umwaume says: Umwaume
      April 20, 2012 at 8:31 am |

      Amayama is actually correct. You cannot charge someone without initially questioning them. When you question someone, you establish if the person is involved in the alleged crime – depending on the information they give, you can charge them or ask them to be a witness if they have relevant information. Dr Mutesa is therefore wrong to suggest that HB should be charged. People like Hon Musokotwane have been interviewed on alleged crimes committed; and they have not or are yet to be charged; that is the normal process. Why can’t HB just avail himself for questioning?

    2. vote
      flag HB says: HB
      April 20, 2012 at 8:40 am |

      HE HAS THE RIGHT TO REMAIN MUTE . . .WILL OPT TO REMAIN ZIII . . . JUST EMAIL HENRY THE QUESTIONS . HE WONT ANSWER. . . OR YOU CAN HAVE A VIDEO LINK OR ANYTHING . HE WILL SAY NOTHING. . . .NONSENSE.

  4. vote
    flag We want peace says: We want peace
    April 19, 2012 at 2:13 pm |

    Even his father had confessed that his son had done dirt stuff so Yhe chap should just come to Zanbia Govt change one day onithet leader in SA will reign

    Reply
  5. vote
    flag Chicken crap says: Chicken crap
    April 19, 2012 at 2:19 pm |

    Mutesa makes it sound like they have to “cook up” a bunch of fictitious charges. The truth is that charges already exist amongst a group of people and the government are only initially treating Henry B as a person of interest leaving himself room to clear himself by giving off the record statements of his role in this group of people. Not appearing just criminalises him. And implicates his father RB in a very serious way.

    Nevers Mumba appeared, fluffed his feathers, shock his tail and is now spewing the verbal diarrhoea we know him for.

    Choice is yours HB. Life as a fugitive who can never freely set foot at home and looking constantly over your shoulder in a foreign land, or appear before these people, state your position and get on with your life without restriction.

    Reply
  6. vote
    flag Muthangambeta says: Muthangambeta
    April 19, 2012 at 2:41 pm |

    The problem with most of you bloggers is lack of reasoning. You want to think with your emotions! Wynter is jeopadizing this whole thing by commenting on issues that should not concern him at the moment. The international community now really just looks at this issue exactly the way Henry’s lawyer has put it. To make matters worse your Ukwa of a president makes such comments in public when commissions of inquirely don’t give him the result he wants. What do you expect any neutral observor to think? This govt will waste five years on none issues and at the end of the day the poor man on the streets continues to suffer!

    Reply
  7. vote
    flag TRIPOLI says: TRIPOLI
    April 19, 2012 at 2:41 pm |

    WHO IS MUTESA?

    Reply
  8. vote
    flag tiny says: tiny
    April 19, 2012 at 2:47 pm |

    Questioning Him in connection with What…and why him if its just general questioning….Specifics pipo………….

    Reply
  9. vote
    flag Yaku says: Yaku
    April 19, 2012 at 2:50 pm |

    Ba Amsterdam, balatushupa! Lawyer or Politician?

    Reply
  10. vote
    flag Pulamasaka says: Pulamasaka
    April 19, 2012 at 2:54 pm |

    charge him and he will come !

    Reply
  11. vote
    flag Sata is the boss says: Sata is the boss
    April 19, 2012 at 3:08 pm |

    Zambia is at a familiar juncture where the Post Newspapers as  in the days of Mwanawasa provided lynch mobs to prosecute people in the press. The role of a newspaper as I understand it is to give readers information about the important things and not propaganda aimed at destroying innocent citizens. With due respect to Mr Mmembe, he needs to set some sort of hierarchy of what is important for his tabloid. The PF government has no credible case against Henry Banda and their continued use of corrupt judicial officers like the DPP to settle scores is a disgrace to Zambia. Why is the PF government not seeking the extradition of Attan Shansonga? Why is Xaxier Chungu who is domiciled in Zambia not appearing before the courts of law to answer charges on theft of public money? 

    Reply
  12. vote
    flag First Gentleman says: First Gentleman
    April 19, 2012 at 3:12 pm |

    Borriiinnnggggg!!! everyday its henry. making a hero out of crook.

    Reply
  13. vote
    flag Annan says: Annan
    April 19, 2012 at 3:16 pm |

    president SATA has to be very careful with Wynter…infact he needs to tame him.He has become big headed and he just talk without thinking

    Reply
  14. vote
    flag Nubian Princess says: Nubian Princess
    April 19, 2012 at 3:17 pm |

    How about sakala nyongo?

    Reply
  15. vote
    flag kk says: kk
    April 19, 2012 at 3:20 pm |

    Mutesa is right? why is ZP hiding the charges in a ndochi kubeba manner? Why are they afraid of revealing the charges? This behavious is inhumanne.

    Reply
  16. vote
    flag Nakabalika says: Nakabalika
    April 19, 2012 at 3:42 pm |

    Zambians can be pathetic at times. You have a man telling the world he has permanant residence of aonther country and holds citizenship of another, Yet, he came in and took a job meant for you aginst the law which does not support dual citizenship. Payrolled my state by virtue of his status, dipping hands where he shouldnt yet you still ask what the charges are??????

    Reply
  17. vote
    flag Ugly Truth says: Ugly Truth
    April 19, 2012 at 3:52 pm |

    WAs Henry a Govt official or a private Businessman? If there any genuine charges why not start with his accomplices? Amsterdam is right,why do we have cadres calling for his arrest? I wouldnt come back as well.Its becoming boring this Henry story anyway.

    Reply
  18. vote
    flag Distant Drums says: Distant Drums
    April 19, 2012 at 3:56 pm |

    I thought what Henry Banda is wanted for has already been clearly specified. It has been said repeatedly that it is to do with the issuance of tenders without authority and that he did it jointly with Dora Siliya using state house as their base. Is this not enough to warrant the questioning of Henry Banda by Zambian authorities?

    Reply
    1. vote
      flag Ricky Bobby? says: Ricky Bobby?
      April 19, 2012 at 5:17 pm |

      Henry issued tenders? Was he a government employee? This is really kind of stup!d. If what Henry did is such a big deal, why can’t they send a few chaps to RSA and ask him there as they have done with other people before? Fact is, they don’t know what questions to ask him and there are no charges laid out against him. so Henry should just stay away until the police and judiciary bring in professional people to run them.

    2. vote
      flag Sharp Shooter says: Sharp Shooter
      April 19, 2012 at 5:41 pm |

      Ricky Bobby?
      Spot on..the logic of PF cadres is as good as that of Kabimba.Now international lawyers well schooled in legal matters are lecturing them how its suppose to be handled.

  19. vote
    flag Ice_Road_Trucker says: Ice_Road_Trucker
    April 19, 2012 at 4:24 pm |

    PF govt should formally table teh case before South African courts. HB cannot be extradicted by South Africa without illegally and it has to be signed by the Minister of Foreign Affairs.

    EG in UK, a citizen cannot be extradicted to another country without the signature of the Foreign Secretary.

    Its like in a home, you child or dependant cannot go visit or live in another home without your consent. Govt is responsible for the welfare of its citizens.

    Reply
  20. vote
    flag William Mulenga says: William Mulenga
    April 19, 2012 at 4:29 pm |

    Hell No! Who is this foreigner to start talking like this. Mr Amsterdoom, whatever you are called, just chew Henry’s money. The crimes were committed on zambian land and so the trial of Henry must be done on this land. So just bring yo client here and defend him if you can

    Reply
  21. vote
    flag Umupondo says: Umupondo
    April 19, 2012 at 4:47 pm |

    All things considered, Mutesa makes a point that has to be taken seriously. Even though Henry may just be wanted for questioning, the fact is once he is in Zambia the police will have every right to detain and question him and possibly arrest him. Now, as his lawyer has clearly stated, the possibilty of a fair and impartial investigation is not likely. Therefore, unless clear charges are brought fourth against Henry, he continues to be a free Zambian citizen where ever he is. I now understand why the SA government through their High Commissioner issued that statement several weeks ago. And yes, Henry is smart enough to engange an international and experienced lawyer. He aint’ getting arrested any time soon my friends. And that is a fact!

    Reply
  22. vote
    flag Sata is the boss says: Sata is the boss
    April 19, 2012 at 5:08 pm |

    If the RSA government extradited Mr Henry Banda without credible charges, they would be complicit in the illegal rendition of citizens to be tortured by a government with no respect for human rights or rule of law. The problem with President Sata and his government is they think that democracy and human rights can be given on an a la carte basis. This kind of nonsense should be resisted.

    Reply
  23. vote
    flag Nakucha says: Nakucha
    April 19, 2012 at 5:25 pm |

    If HB is a businessman,then who awarded him tender for procuring fuel,and why is ERB,National Tender Board,etc guys not summoned by police for questioning,why HB alone and so much outburst for him? The red-lip Kabimba must teach himself and his party to work silently,people will judge you.

    Reply
  24. vote
    flag j bowa says: j bowa
    April 19, 2012 at 6:07 pm |

    Imwe mwefipuba mwe, THERE IS NO NORMAL COUNTRY ON EARTH THAT CAN EXTRADITE A PERSON WITHOUT CHARGES. MAY BE ONLY ZAMBIA (FOOLISH COUNTRY) CAN EXTRADITE A PERSON TO A COUNTRY “FOR QUESTIONING”. CAN YOU REMEMBER THE CASE OF Attan Nshansonga? isnt he still in UK? and you are here backing like dogs, have you egvn provided a return air ticket for henry to come here?

    Reply
  25. vote
    flag Umumbulu says: Umumbulu
    April 19, 2012 at 6:49 pm |

    The guys been a businessman even before the father got into power.

    Reply
  26. vote
    flag Nostradamus says: Nostradamus
    April 19, 2012 at 7:09 pm |

    Amsterdam the Gomora of today, full of crook “lawyers”, daylight prostitutes and if you spend 10 minutes in street you get high from marijana pollution.

    Reply
  27. vote
    flag maikalange says: maikalange
    April 19, 2012 at 7:40 pm |

    This issue will drag and drain our resources for nothing. Look what we did to Chiluba – he paid 80% of what “he stole”. Not only has life not improved, but we have also have failed to prevent it from happening again. Tighten the laws first. Then, let ACC, DEC, OP do their job. not kabimba or COIs

    Reply
  28. vote
    flag kinako 4 barotsish says: kinako 4 barotsish
    April 19, 2012 at 8:06 pm |

    Give jobs to youths whose lives is sinking on every break of the day.stop these cries mawe henry, mawe njoko, mawe fuel to malawi mwaswabisa luna lubata masheleni and good life thatsall!!!

    Reply
  29. vote
    flag Tell It Like It Is says: Tell It Like It Is
    April 19, 2012 at 8:25 pm |

    Looks like the pf are putting fuel daily to Amsterdam’s fire. By the time it is 5 years, the fire will be unquenchable.

    Reply
  30. vote
    flag maskat says: maskat
    April 19, 2012 at 9:05 pm |

    silly government

    Reply
  31. vote
    flag oneworld says: oneworld
    April 19, 2012 at 9:17 pm |

    BA Mutesa at what point do you charge. The police need to talk to him first. Depending on the issues he might even be used as a state witness. In any case how many people have been interviewed with similar situations and are walking the streets after being questioned by the police. South Africa cannot dictate how we do things here. Imagine if we were to harbour fugitives from South Africa and tell them we can only release on our terms.

    Reply
  32. vote
    flag Kaponyaxs says: Kaponyaxs
    April 19, 2012 at 9:17 pm |

    Kabimba should be smarter than that. As it is he is playing or more precisely he has played into the hands of these smart lawyers to portray PF as persecutors in the international community and media, rightly or wrongly. That is exactly where they wanted to put him and PF, and they have him there now on a silver platter.

    Reply
  33. vote
    flag HENULE BANDA says: HENULE BANDA
    April 20, 2012 at 8:41 am |

    HE HAS THE RIGHT TO REMAIN MUTE . . .WILL OPT TO REMAIN ZIII . . . JUST EMAIL HENRY THE QUESTIONS . HE WONT ANSWER. . . OR YOU CAN HAVE A VIDEO LINK OR ANYTHING . HE WILL SAY NOTHING. . . .NONSENSE.

    Reply
  34. vote
    flag Jack Bauer says: Jack Bauer
    April 20, 2012 at 9:39 am |

    This level of emotion driven pettyness and dullness is earth shattering! This is what this Mutesa is subtly eluding to. Amsterdams case has now been neatly packaged for him by PF to prove political persecution and that his client is unlikely to get a free and fair trial. He is currently ‘guilty until proven innocent’ from PF, media etc. Amsterdams gamble on the dullness of PF leaders and their cadres has paid off handsomely. He quickly grasped the idea that whenever in doubt about anything to do with guessing the next steps of this regime, one thing can count on is PF intellectual bankruptcy (led by party chief Kabimba)! Wynter never ever fails to deliver on that front. You can consider Henry a free man especially internationally – Its over guys!!!!

    Reply
  35. vote
    flag UKWA says: UKWA
    April 20, 2012 at 10:22 am |

    sometimes i wonder who the PF spokes person is because they contradict each other most of the times.

    Reply

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