ACC Director General confirms that RB will not make himself available for questioning
The Anti-Corruption Commission (ACC) director-general Rosewin Wandi has said that he has received a letter from the lawyers of former President Rupiah Banda stating that the the former president will, tomorrow, not make himself available before the Government Joint Team of Investigations to face corruption and criminal allegations against him.
Ms Wandi said that she has received the letter from lawyers Sakwiba Sikota from Central Chambers and Patrick Mvunga of Messrs Mvunga and Associates saying that that their client was enjoying Constitutional immunity against investigations.
The lawyers further stated that the former President enjoyed immunity under Article 43 of the Republican Constitution.
“As rightly stated in your letter, our client enjoys immunity under the Constitution. The framers of the Constitution were minded to put in this Article for good reasons. It would be wrong for us to agree to a scheme that circumvents the Constitution of this land, ” the letter read.
“If we are prepared to circumvent even the Constitution of the land, what guarantees do we have that the other laws under which the proposed investigations and prosecutions will be held are going to be followed,” the laywers asked.
The letter further read that, Mr Banda was not going to be tried in the media adding that he had already been convicted before going to court.
“We have read in the newspapers that the press are already aware of the steps you are taking and looking at the editorial deadlines the papers have, and the time when the letter was delivered to our client’s residence, it is clear that the press had the letter even before it was delivered to our client, ”
“Our client has seen that you wish to have conviction through the press before you even go to court. This is borne out by the fact that you saw it fit to leak your letter to all the State media and the press you consider favourable to the state. Our client is not prepared to subject himself to a media trial,” the letter read.
Ms Wandi has not stated the next course of action in the matter.
“All I can say is that the ACC has received Mr Banda’s letter, that is all,” Ms Wandi said.
Yesterday, Ms Wandi warned that other legal avenues would be deployed to pursue Mr Banda once he failed to avail himself for questioning.