The Lusaka High Court has subpoenad, Justice Minister George Kunda to appear before it.
This is in relation to a case where Second Republican President Frederick Chiluba and others are challenging the My 4, London High Court Judgement.
Mr Kunda is to appear before High Court Judge, Japhet Banda.
The writ of subpoena was filed in the Lusaka High Court on April 30, by Dr. Chiluba’s defence lawyers, Robert Simeza and John Sangwa.
The subpoenas follow President Mwanawasa’s refusal to allow Zambia Security Intelligence Services Director General, Regis Phiri to produce the financial charter of 1970 before the court.
On January 22, Dr. Chiluba and his co-accused had subpoenaed Mr. Phiri to produce the financial charter, but he declined on grounds that he could only do so with the permission of the president.
This prompted Mr. Simeza and Sangwa to write to President Mwanawasa requesting for permission for Mr. Phiri to produce the Financial Charter.
President Mwanawasa refused to allow Mr. Phiri to do so grounds that the document had been produced in the London case against Dr. Chiluba and others.
According to Dr. Mwanawasa’s letter filed in the Lusaka High Court, the President argued that Dr. Chiluba and others had an opportunity to cross examine Mr. Phiri on the document during the London court trial.
Dr. Mwanawasa further said the application to set aside the London judgment is irregular because a Zambian High Court can not set aside a foreign judgment which has not yet been registered.
The President said the application by the respondents was an abuse of the court process and an attempt at introducing a re-trial.
He further wrote that there were security considerations in the financial Charter and that the document can not be peddled anyhow.
Red lipped python
this fight retains a certain element of interest.FTJ is fortunate to have been President…would he have allowed the charter to be “peddled” around in zambian courts??LPM has handled cases at the highest level so the gymnastics these junior lawyers are doing will meet with a rather informed reaction from him!!it makes a welcome change to have an educated president, especially one who guards and respects the protocols of intelligence operations.Gone are the days when junior officers found themselves heading the intelligence machinery!!
Chiluba akabwa kachisungu akashilya pachishala./
What is a financial charter anyway? Do Zambian finances have anything to do with security issues in a country portrayed to be abusing public resources through the same? Is there fear to reveal more abuse of our money through the so called security issues. Are London courts more priviledged to see the charter than our courts? How do we trust foreigners with our security more than ourselves?
Yes our educated bloggers educate some of us..what is this Financial Charter and what is the big deal about it?
#4…every organisation has a certain set of rules that govern how funds may be disbursed.these rules may among other things highlight levels of authority and possibly amounts each position may disburse.detailed rules may also describe circumstances and limits under which discretionary decisions may be made.exposure of these rules may be meaningless unless you cite examples or publish historical data to illustrate how these rules have been used or abused!! Not the kind of thing you want to have discussed in open court…wouldn’t you agree??
I second you # 5. In fact, more education as to whether the application is genuine or an abuse of the court process.
FTJ is just trying to buy and waste the courts time.I think he must just prepare a solid defense against the allegations levelled against him if he`s got any.
My main worry has been the morgaging of judicial and healthcare systems by our govt.A wrong signal and precedence has been set by the way this case has been handled.Why do we have to allow a foreign judge in the name of Smith to peddle in our own affairs.Funjika and Musonda`s cases have been competently handled by our local courts.It would be embarassing if a mistrial is declared based a simple technicality.
The biggest blunder was to let the president of a former sovereign nation be judged by another nation’s court. If documents were presented in that court, it is just wise that you present the same in your own court unless you have something to hide. Nevertheless, my stand has always been against the greatest blunder in our judicial system of trying our former president outside in exchange for political and economical favours. I would have had no qualms if our judiciary had handled all the cases.
#9 Abaleya!! Chamboli- Wussakile
I totally agree with your reasoning.
Would we ever see Tony Blair or Mpanga appearing in any foreign court to answer about anything to a foreign judge?The answer is a big NO and yet we see these countries pushing our govt to embarass our ex-president in this manner.
Poverty is really curse.
if my knowledge serves me correctly the 1970 financial charter is like a statutory instrument which links Governments policies to taxpayers money. It can compel any arm of government be it legislative, judiciary or executive to disclose information pertaining to national expenditure,however, for this document to be produced an executive decision has to be taken in the nation’s best interest and merrily not, just an extra ordinary event, thus far i concur with my learned friend THE ORIGINAL PUNDIT that the highest level of authority i.e H.E LPM can realease it, as it could compromise our security (economically). Hence No.7…..fuswa Levy has not abused his powers As the Custodian of our
/cont…
constitution, that’s why absolute power corrupts absolutely. someone suggested that we should not have asked a foreign judge to take over the case, i disagree chiluba had over 70 counts of theft at the highest level something similar (not the same) to what gabby has done in zim, if the hague got wind of this before levy asked for an ADR in the courts of England and Wales zambia would have had a field day and all this economic development u are seeing would not be there because foreigners would not want to invest in a highly corrupt and lawless country fimbi tulingile twatasha.
if my knowledge serves me correctly the 1970 financial charter is like a statutory instrument which links Governments policies to taxpayers money. It can compel any arm of government be it legislative, judiciary or executive to disclose information pertaining to national expenditure,however, for this document to be produced an executive decision has to be taken in the nation’s best interest and merrily not, just an extra ordinary event, thus far i concur with my learned friend THE ORIGINAL PUNDIT that the highest level of authority i.e H.E LPM can’t
realease it, as it could compromise our security (economically). Hence No.7…..fuswa Levy has not abused his powers As the Custodian of our
# 12 by your standards President Bush should have appeared before The Hague, let alone Prime Minister Blair. How feasible is that?
Is it possible for Blair and company to be for instance tried tried in Saudi for corruption in arms deal if was found with case to answer?
Anyway there is no satisfactory answer as to why outsiders should know about the charter while we should be deprived of this charter. Are the British the Zambian tax payers? What is this nonsense of respecting foreigners and despising ourselves? Its a shame!
This is nonsense. Mwanawasa is really sick. This guy produces Zambian Security Documents in London Courts and cannot do so in Zambia. As said before, Mwanawasa is just asking for trouble after his tenure. Does Mwanawasa think Zambia is still under the Brits? He swore to the Zambian Oath, not British. Mwanawasa knows how Zamtrop was operating and he knew that it was for the sole purpose to use the funds in intelligence operations abroad, but he like other foolish leaders who don’t know how to keep gov secrets blew off the lid. Now he is afraid we’ll know how stupid he was. Chiluba needs justice just like any other Zambian. Why hide evidence? Who has the burden of proof in this case?
#11- 13, moderate, thanks wayesha.
But why should production of the financial charter in the local court be deemed “could compromise our security (economically)” yet, the same document was produced in the London court trial. Don’t you think the defense counsels want to refer to it because it was produced in the London court trial? Don’t you see chiluba & others not getting a fair trial because of” could compromise our security (economically)”? # 16 could be right.
Agumentum ad ignorantia
no. 16 and 17: I commend u on ur valid contentions, i.e chiluba needs a fair trial and this could lead to a miscarriage of justice. However lets not jump the gun and think this is nonsense. The courts in zambia practice english common law which sets precedent in our courts. Now, chiluba’s transactions involved companies that were listed on the London Stock Exchange e.g. Donegal International and the Carlyle Group, it is no secret that Members on the board of these companies have shares in bigger corporations whose turnover is twice as much as the GDP of AFRICA let alone small zambia, now being objective do u think it would be wise for our President to stir the hornets nest when he can see
/cont……….the repurcussions in zimbabwe of such a lack of foresight?
#19, Your views are valid but presume you are Chiluba. Injustice is injustice. We are not going to sacrifise him just becoz some former colonial master says so. The presumed plunder does not involve Chiluba embenzling those big corps. When the defense that is supposed to defend the laws of the land fail to do the right thing, or injustly let him jailed for a case they probably would’ve won had the evidence they know supports the defendant is hidden by the President, that to me is not proscution, but persecution. Every judicial system asks both parties to share evidence for adquate defence or proscution. Mwanawasa must know this. If the document can exonerate Chiluba, let it be so.
You fellas…i told u about torture channels / chambers after all, so Levy is right!!!
19. moderate says: The courts in zambia practice english common law which sets precedent in our courts.
If that be the case then the production of the said financial charter in a London court has set a precedence which the Zambian courts could and should follow. By your own reasoning the president’s argument that he cannot authorise the production of the charter in the Zambian court because it was produced in the London court appears flawed. In the interest of justice and fairness the president should release this charter so that the accused can mount an adequate defence. They must believe there’s something in the charter that would exonerate them or they would not be asking for it.
Precedent was my bone of contention in “loaning” Zambia’s judiciary to a foreign court without thoroughly reviewing the consequences. Now to the dogs the nation has gone because of that faulty judicial breach. It is without doubt that under his breath Judge Smith must have been laughing at the ignorance of African leadership but didn’t mind making a few pounds under the “learned” noses.
The main exhibit in these cases is the zamtrop account – like it or not. It only makes sense for the operative of that account at the time (Chungu) to testify. Now that Levy had Chungu flee the incumbent officer bearer (regis) must testify. Now that Levy has prevented Regis from testifying, at least the charter can be produced. Now Levy has refused to have the charter produced, what is he up to? After Levy himself ‘peddled’ the zamtrop account he must also ‘peddle’ the rules that govern it – let the charter be used!
ITS ALL POLITICAL GYMICKS
#9 and 10,
Chiluba handed over Mubanga to Guantanamo Bay for American to manhandle as they wished. Whatever crime abena Mubanga committed if any was his passport being found in Kabul when the Americans overthrew the Taliban. For Chiluba, he laundered money in the UK, an act in direct contravention of the laws of that country and the Zambian government had every right to sue him in the London Court especially given the fact that all judges from msgistrates to Ngulube himself were in Kafupi’s stinking pocket. Levy should just previal over this silly judges wasting time for nothing.
So, after 40 years of independence and a subsequent manufacturing (production) of lawyers at UNZA we still don’t have a qualified judicial system to deal with a simple case of theft? Zambia has no shortage of surprises! Why do we Zambians look at ourselves as whitemens’ puddles? You know when a leader gets used to seeking medical attention from a white man’s country even if it is just simple diarrhoea which can be cleared by a single trip behind the ant hill the habbit extrapolates to other areas. If something is of high security implication why even entrust it in the hands of your former slave master with whom you severed master-slave relationship ages ago and distrust your colleague in…
…slavery? Is this date-stamping the “once a slave you will remain a slave”? This case is not even treason. How can our judicial system fail to handle it? Its a pitty! This case is even creating employment abroad while there is obscene unemployment in Zambia. Be informed citizens, the money paid to legal chap in the UK once also disclosed our learned president can be all the more a laughing stalk. Coz it could have paid a number of doctors and nurses for a few months. This is a public case-can we demand to know how much the UK legal chaps were paid? Maybe we should even start teaching the judiciary in Zambia that “justice delayed is justice denied”. I don’t think they know this basic…
…legal principle. This case has taken such a damn long time enough to hang a jacket on, it lost meaning in the ears of Zambian citizens.It now smells fish. This reminds me of Museveni-Ugandan president who took his pregnant daughter to one of the European country to give birth because he does not trust Ugandan doctors. ITS A BIG SHAME ON AFRICA. No european can be tried in a Zambian court having committed an offence in europe. GUYS, lets respect our Zambian trained professionals. “Ubufumu bucindika bene”.
Sata is no doubt a blithering ***** and I hope the debilitating heart attack he suffered recently and made worse by the suicide of his son will make this fool think twice and quit his stinking buffoonery and clowning antics.
#31, what relevance is your comment about Sata to the trial involving “thief-man” Chiluba? That’s just how misdirected and out of context your thoughts are. You may blog but do not parade your crowded thinking on the web.
If Chiluba had been tried in Zambia, the case would have ended in nolle prosecui like so many other cases before him. I feel there is a level of incompetence among Zambian prosecutors. I won’t be a surprise if the case gets nowhere. One may go as far as attributing to corruption as a major contributing factor in many judgments. This scenario therefore justifies Chiluba’s London court case and final result.
For those questioning the wisdom of trying Chiluba in the London Court: Chiluba and his cronies are accused of using London and other foreign jurisdictions to siphon money out of Zambia. Without the protection of the London Court, it would have been impossible to get hold of anything: while the case was delaying in Zambia (as is clear even now), these alleged criminals would have had a great time moving assets around and in the process destroying any trail. If you read Levy’s reasons for refusing, he is saying this was made available in the London case. These guys had the opportunity then to look at the document; so why should they get it now and in the process get a fake retrial?
33 cont’d: in other words, allow the case to be registered and then fight it’s im plementation in Zambia after that. Chiluba’s lawyers made a terrible mistake of ‘agreeing not to’ attend the London hearing. Maybe they knew that they had a weak case. No matter how long this drags on, Chiluba will never walk with his head high. He has too much to answer for and any perceived delaying tactics just make matters worse. So you critics, don’t just condemn from without. Levy is justified: register the case and then if there is a basis ( there will be none since this is not a retrial) you release any documents. The purpose of registering the judgement is not so that there can be a retrial through…
#34 cont’d: the backdoor! No, you register a judgement in a foreign court locally so that it can be enforced. Opportunity to argue about the legalities was lost in the case and appeal. These were publicised in the Zambian press. What remains now is just registration in Zambia and then enforcement: recovery of any assets!
#31 ukutumpa.
#28 I have an American friend who followed the proceedings online. He could not comprehend the idea of Zambia taking their ex-President to be tried in another country. I couldn’t stand his stalking on me over the case.
17/21 and 23: i thank u 4 ur patience i’m back, it was friday njikata. Nomba bane this case is in the high court and not supreme court or house of lords in england, which means that although decisions set precedent they are not binding i.e. judges can depart from previous decisions and can arrive at a different verdict. Someone suggested that chiluba is just being sacrificed, i dont think so, H.E. LPM asked Parliament in session whether they wanted him to lift FTJ’s immunity they voted overwhelmingly to have their past president to be persecuted so that notion of him being a sacrificial lamb is a non-starter. Chiluba was making business transactions of personal benefit with these big ballers
/cont….. using national resources, taxpayers money ur money, ur father’s money, ur mother’s money ur grandmother’s money, my money, everyone’s money. Now for the purposes of the financial charter which u are all crying 4 the president to release, i’m sorry but i have to side with H.E. because as President that document can only be produced at his discretion that’s executive power. Chiluba used that charter and connived his thieving tactics with foreign thieving tactics to defraud our country of its resources, surely by the same token our president must use his prerogative powers to seek answers by all means necessary as to why our resources were misused.
In as much as i agree with levy there is a problem with relsaeing evidence in london and not in zambia. after all Chiluba is accsed of stealing Zambian tax payers money no tony’s. I smeal a rat like Chiluba as always claimed. If he is guitythen not even the charter will save him. Just relase it Levy…
Lawyers and politicians will never take this country anwhere good. They will keep us going in circles, writing and re-writing constitution. Debating and re-dabating. Cross-examining and Re-crossexamining.Meanwhile THEY CHOP YOUR DOLLAR/KWACHA. Anyway if Zamtrop was exposed it is only reasonable to expose everything else that goes with it. We need to know the whole truth not half truths.
if my permutations are right i venture to believe that FTJ’s lawyers had the opportunity to look at the charter when the trial was going on in london for over three months, and during that time the document was available to the defense counsels, for over three months these so called ‘witty’ lawyers, between them understood that this document was a national secret and it was upto them to make the most of it given the time this trial was going to take. In the same vain if they were not aware that the president was not going to give them another opportunity of looking at it, that’s not Levy’s problem because their client who is the former President should have told them so.
when #19 talks about the courts in zambia practice english common law which sets precedent in our courts, i should presume even our parliament actions in as far as lifting imunities on chiluba set precedence on past presidents. i will love to see how levey will feel when he leaves office in 2011. everyone has a skeleton in his closet.
but #42 you happen to have very short memories or you have just erected to have your small brain clouded with praise for levey. how can you not remember ftj refusal to be tried by london court. the judgement was passed without his defence. and now you tell us he was previl to the information. shame on you.
#42. Chiluba refused to be turned into Noriega. The London Courts have no jurisdiction on Zambia. Our constitution does not allow cases committed on Zambian soil or against Zambians to be tried on their behalf. If Chiluba was hiding in England, the gov would’ve asked to extradite him. Under what laws did the London judge base his judgment and on whose behalf? Zambian or English? Zambia despite practicing English judicial system, does not mean we use their laws. Both the judge and Mwanawasa basically made fools out of themselves. LPM turning State papers to a judge that is not sworn to uphold Zambian laws in fact breached the trust of Zambian people. What else has he given these foreigners?
no. 43 and 45: Kalos2020, walikwata ka brain somewhere, somehow nomba umfwa. Constitutionally zambia is sovereign and is bound by its own laws, however by virtue of being a commonwealth member state any decision made in a court of law civil or criminal from a member state of the commonwealth is persuasive and or binding (England&Wales) and its the same in zimbabwe aswell, in essence when judges make a decision in court we are effectively using their laws. That terrorist mubanga was going to be tried for terrorism offences after staying @ GITMO bay, zambia didnt say no u have no jurisdiction over our citizens, we hid our tails, as a result its u who has made a fool of urself the use of a
/cont…….foreign judge was so that he could act as an ARBITRATOR because FYI some judges serving in the judiciary were appointed by chiluba so there was a confliction of interest. Drawing my attention to this jumping chap number 43-44 it appears u lack the credentials to present an argument on this blog, 1; u have ignored the fact that a parliament of today is not bound by the laws that were passed by a parliament of yesterday i.e Parliament is sovereign, 2; FTJ could have refused all he wanted but once parliament lifted his immunity he became an ordinary citizen like you and me like i said Parley is sovereign and they were the ones who said he was going to be tried in london which he was
Be part of the Commonwealth does not negate that fact that we have our own laws. Right now as we are blogging here, we have a bunch of guys seating at Mulungushi working on our constitution. Yes, in terms of cases committed against humanity, anybody is bound to tried by int’l courts. When a crime is stealing, killing one individual, or civil that person is not bound by the commonwealth, eg, how do you think the Canadian guy who swindled Zambia in the maize deal is not under arrest in Canada? Commonwealth, not so? The case of Mubanga is different and you should ask yourself where this guys was arrested and in what circumstances and by who? Remember the guy arrested in Zambia if u can?
#47. Who appointed the London judge as Arbitrator? To go to an arbitrator both parties must agree in writing prior to doing so, and in writing. Were did you see a Murder, Theft, and any other Criminal case go to an arbitrator? What impasse was there for them to decide to go to the arbitrator? Come on guy. Get your facts straight. Lifting immunity does not transfer the case to London. You can lift immunity on anyone, but that does not mean they lose citizenship and the laws that bind them. What are you drinking? I would like to look closely at the term jurisdiction and how it applies to the Chiluba case. The Commonwealth have no courts and the judge was not acting on its behalf. Thank u
#49 I strongly agree with your points. America should actually by principal be first country to have joined the Commonwealth but they have not! Despite being strong allies with Britain, they are not part of the Commonwealth! Ever wondered why? Zambia should be proud of their sovereignty and never sell her judicial liberty. Whatever arguments that could be presented to try your former president in another country is ridiculous and flimsy. #47, whether the judge was appointed by FTJ or not is inconsequential. The man had to appear before a Zambian judge who on oath was bound to serve the people of Zambia. If he abrogated his duties that would be his fault and not us. He was appointed
ctd from # 50. because he was deemed well qualified. By your argument FTJ should not appear before the Task Force and the current courts who have Mwanawasa’s appointed officials, since he is likely to receive impartial justice. However, we have not seen it that way because we feel Mwanawasa appointed qualified personnel to discharge the duties amicably for the people of Zambia. If your fears are true then we should conclude that everything has been orchestrated to convict, injure and tarnish FTJ’s name. I beg to differ however, that this has supposedly not been the premise of our learned colleague in the name of Mwanawasa.
My other observation on this is that, it seems he is talking about long term solution and does not give us a short term solution to reduce this inflation. Even this long term solution does not tackle the investment part. Diversing in agriculture can be expensive and does really need a lot of investment. How many Zambians can afford such kind of capital investment? Even those that are previl to borrowing, what is the interest rate we are talking about? What Fundanga should tackle first, which in fact is his field, is the monetary policy and the interest rates. Have it accessible by small farmers. He knows you cannot buy irrigation equip easily. Pipo want to farm, but how is the question.
#52. Sorry guys, wrong post. This was supposed to go on Fundanga Agric Issue. I ask yo forgiveness.