THE Lusaka High Court has ruled that acting president RUPIAH BANDA should continue to enjoy presidential privileges and benefits.
ZNBC reports that this is in a case in which the Anti-Rigging Zambia Limited sued Mr BANDA saying he ceased to be vice president from the time he filed in his nomination papers for the presidential elections.
It said Mr BANDA was not entitled to perform presidential functions or the benefits of that office and that he should not enjoy or use public resources to fund his campaign.
But Lusaka High Court judge PHILIP MUSONDA ruled that article 43 (1) gave the acting president absolute immunity from having proceedings instituted against him in any court of law in respect of anything done or omitted to be done in his private capacity.
The judge ordered that Mr BANDA will continue to act as president and enjoy the privileges and benefits attached to that office until the democratic process resolves the issue of the presidency.
Judge MUSONDA noted that the case was a constitutional matter that had raised a novel issue and that there would be no order for costs.
He said during hearing attorney general MUMBA MALILA said that article 43 (1) of the constitution, a person holding the office of the president was not amenable to criminal or civil proceedings in respect of anything done during his tenure of office.
Mr MALILA said that the article was categorical and operated to prevent the institution of any court process against the acting president or as a person performing the functions of the president.
But lawyer for Anti-Rigging Zambia Limited KELVIN BWALYA argued that the article referred to when such a person was taking administrative action or an executive decision in consultation with cabinet.
Mr BWALYA argued that the filing of nomination papers as presidential candidate was not an executive function or that of a president because even any other person could have filed in the papers.
ZANIS/ZNBC/ENDS
Too bad they didn’t think about that clause. Besides, he has already bribed everyone blocking his path to state house. Sugar Daddy is bad news
You have started crying foul and being embarrased publicly. VIVA RB.
Mwatampa ukusebana nomba, Mwalosheni
Anti rigging hard luck but mind u this is africa where the laws of ”jungle ”apply.people must always bowl down to power. what a shame!!
HARD LUCK.
Anti rigging commission were fighting a losing battle.
what’s the matter are there sacred comments on this blog
They are not worth writing about. Let them pay the costs. Time wasters.
they deserved to lose
now i know that you screen sensible comments you are useless
who own this LT
does Banda have shares in it. i guess it is another znbc
It is important to know the owner of LT. How do you blog on the website you dont know. Let management inform us so that we properly appreciate their work. It is like sleeping in a house and yet you do not know the owner. It can be a witch’s house.
Next The Post. One down, three to go
One time there we go.Legal fees lost for nothing ,the lawyer knew.But it was an opportunity for him to make money.
The post is doing a lot of good work in zambia otherwise zambia would have been like Congo.Did you watch Biden vs Palin debate?God help Zambia, we are tired with pipo like Teta, Mwanga, Mulongoti who dont have principles.Today they are supporting Chiluba but yesterday he was a plunder.
Anti Rigging Zambia should not lose heart There are so many cases they can persue against these politicians not necessarily against RB but all of them found wanting like the sugar milie meal saga the k15m issue etc so as to bail out the POST as the are fighting the same battle sanity in elections
Time wasters even when they knew it was going to flop. Anyway elo balesambilila law.
Don’t give up the fight! Time fi try plan B. One way or anoda, we go run wey de Bigga heads!
Post misslead us. Sugar distribution started way before this campgn started. Care should be taken if you want to use the post as referance for misdeeds they mislead.HH and PF have been given impression in the post that they are leading but far from it. I think the post is working with MMD.
I am non-partisan, but i wonder what type of leadership and economic development RB can deliver to our country, even if these guys have lost this one, we have read, heard and seen how corrupt RB is, and we are the ones who wil vote anyway, we know where to cast. we want a man of substance.
The Anti-Rigging Zambia Limited, a company, none partisan, you have lost out.Ka mulongoti mentioned that you are JUST A COMPANY, this could have sounded a big warning.So what next guys, sorry you are playing with the Old boys KK trained in the 60s.
LT is useless!! it screens comment especially anything to do with the Post or Mmembe. Who owns LT??? Is it an extended arm of the Post??
Shame ba attorney. A waste of time!
Why cant they appeal if they have a point
Anti Rigging Zambia Ltd my a$$! even the name sounds suspect?! these bogus ‘entities’ always seem to pop up every election trying to siphon ‘donor funds’ in the process. I remember the likes of AVAP, etc…
hehehehehehe – zedians!!!!
It´s a pity that even the courts are bribed too.Even em elections are jut a wate of resourses coz even the rulling party knows already who is gonna in.One thing they do forget is that everything you do wil come back at you.
This NGO is a non-starter.
Anti-rigging is a SATA front for trying to distabilise RB. Anyone who has been to School and done basic civics could not argue like this lawyer Bwalya. What a waste of court time when that time could have been spent trying plunderers or murderers! Sata must grow up or he will NEVER rule Zambia. Anyway, just to echo my personal view, I think he will NEVER rule Zambia!!!
Sata is a KABOVA please. Be serious. He is a very good worker – He makes a serious Minister but not PRESIDENT!!!!
This judgement made sad reading because by that interpreting article 43 (1) of the constitution in the manner that the attorney general Mumba did and unfortunately which interpretation judge musonda agreed with that article 43 (1) of the constitution, provides that a person holding the office of the president was not amenable to criminal or civil proceedings in respect of anything done during his tenure of office .
This interpretation is wrong because it is tatamount to saying that constitution allows for corruption and other criminal activities as long as such illegal activities are commited by the President.With such judgements Zambia will not develop.Mr Kelvin Bwalya was right
Its interesting that so many Zambians have been brain washed by corruption and poverty. I cannot imaging how they even manage their marital affairs!! AIDS is a sexually transmitted disease and one can understand why we can not develop!
Zambians wake up, no one will develop this country for you!!