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FTJ consulting lawyers on restoration of his immunity

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FORMER Republican president, Frederick Chiluba is consulting his lawyers over the restoration of his immunity and other related legal matters following his acquittal in the case of alleged theft, his spokesman Emmanuel Mwamba has said.

Mr Mwamba said in an interview in Lusaka that Dr Chiluba’s lawyers were studying the matter and the former president would soon state how he would proceed following the judgment in which he was found innocent on all charges.

Parliament in 2002 lifted Dr Chiluba’s immunity for offences alleged to have been committed in his 10-year reign as head of State and that paved way for his prosecution.

“The lawyers are studying the linkages of the case of alleged theft to other matters such as the former president’s immunity, the civil matter that was before a court in London and the case of Mrs Regina Chiluba,” Mr Mwamba said.[quote]

Meanwhile, the International Fellowship of Christian Churches (IFCC) has asked Parliament to restore Dr Chiluba’s presidential immunity because the courts have cleared him.

Speaking in an interview in Lusaka yesterday, IFCC president Simon Chihana said with the same vigour with which Dr Chiluba’s immunity was removed should be applied in restoring it.

Bishop Chihana said he was happy that the judiciary operated without any
interference from the Government as leaders desisted from issuing statements when the case was still in court.

He saluted Dr Chiluba for exercising maximum patience during the court proceedings.
The Centre for Elections and Governance (CEG) said it was good that the courts exhausted all procedures in arriving at the acquittal of Dr Chiluba on all the counts.

CEG trustee, Gershom Musonda said in Lusaka that like any other citizen, Dr Chiluba was presumed innocent until proven guilty or innocent, as it happened to be, a sure test case of Zambia’s adherence to the rule of law.

“The court applied the rule of law fairly so as to protect the former head of State’s liberty, his property and basic human rights. The court was neutral as it treated Dr Chiluba like any other ordinary citizen,” he said.

Zambia Congress of Trade Unions (ZCTU) has described the courts’ decision to acquit former Republican president, Fredrick Chiluba as a relief to the labour movement.

ZCTU general secretary, Roy Mwaba said in an interview in Kitwe that throughout the trial, the process brought about shame, embarrassment and bad reputation to the labour movement.[quote]

Mr Mwaba said the charges that had been laid against Dr Chiluba greatly affected the labour movement especially that the former head of State was its product.
“For us, as the labour movement, Dr Chiluba’s acquittal is a relief in that wherever we travelled both locally and internationally, we were at pains to explain to the people out there what was happening in the country,” he said.

Britain’s second secretary for political, Press and public affairs, Gordon Ross said the United Kingdom would continue to actively support Zambia in its efforts to combat corruption.

In response to a Press query in Lusaka yesterday, Mr Ross said his government looked forward to a further institutionalisation of the fight against high-level corruption in Zambia.

On the decision by the Zambian courts to acquit Dr Chiluba, Mr Ross said his government followed the case with great interest because it was an important case for Zambia and the Zambian people.

Britain was following the civil case against Dr Chiluba, which was concluded in favour of Zambia in the London High Court in May 2007 with the court ordering former President Chiluba to pay back US$46 million to Zambia.

The case is in the process of being registered in Zambia for the judgment to be enforceable.

Italian Ambassador to Zambia, Giovanni Ceruti reaffirmed his country’s commitment to supporting the Zambian Government in the fight against corruption.

In an interview yesterday, Mr Ceruti emphasised hi country’s support to the fight against corruption, saying if not fought the scourge it deprives the ordinary person of a good life.

Patriotic Front (PF) leader, Michael Sata congratulated Dr Chiluba on his acquittal and wished him well in the pending matter involving the enforcement of the London High Court judgment.

Mr Sata said it was sad that former directors of the defunct Access Financial Services Limited (AFSL) Faustine Kabwe and Aaron Chungu had been jailed for three years each.

And National Democratic Focus president, Ben Mwila has said the outcome of the court ruling over Dr Chiluba should be respected.

Reacting to the acquittal of the former president on six counts of theft by public servant, Mr Mwila said the courts were there to determine whether someone had committed an offence or not and that the Lusaka magistrate’s ruling on Monday, should be respected.

“The judgment was elaborate and fair and it should be respected. I mean the courts are there to prove a person either guilty or innocent and in this case, Dr Chiluba has been proven innocent hence the ruling should be respected,” Mr Mwila said.

[Times of Zambia]

82 COMMENTS

  1. Why the rush to restore Presidential immunity before the London judgement is registered in Zambia?
    There should not be the defeat of justice through crooked means. All the cases should be done away with before immunity is restored but as usual lets wait for Bwezani’s decision.

  2. Hmmmmmmmmm……………………….Is Zambia a country or just some congregation of cowards,atase Titus Mpundu shud count his days

  3. If Kafupi is free,Regina must be free too.Give him back all you took from him.All this b******s was planted by LPM.

  4. This has set a bad example in our country. We need Miyanda for president, that man is wise, honest and serious. he is the only person who can restore Zambia s pride..not chi Rupiya Bamba.

  5. Theses people play with us… Bushe umutima wa Ka Chiluba walipola? He was going to be of the hook whatever the case. Maybe Levy was just playning politics… Banda just finished of what levy started. Warning to those that tink that govt can improve their lifestyles (even they can facilitate), just work harder. The people in govt are there for themselves and there families and do not be mistaken that they are interested in your wefare.

  6. If Kafupi is innocent then why charge his co accused? why and how was regina found guity in possession of stolen goods? Zambia the real Africa!!!! anyway life can be cruel sometimes especially if you do not have money….

  7. Again I ASK OTHERS ARE BEING LOCKED UP FOR RECIEVING STOLEN MONEY…THE IMPLICATION IS THAT SOMEONE STOLE THAT MONEY AND GAVE IT TO THEM …HELP ME UNDERSTAND THIS.

  8. Law is nice. read it, understand it and u’l c that Chiluba is a free man indeed! Maybe sum of us already convicted him becoz of the press-not the law-Innocent until proven guity!

  9. So if this immunity is restored will the London judgement be effected against him once its registered in the Lusaka high court?Legal eagles educate us

  10. Regina’s case continues.she was convicted on charges of being found in possession of Goods suspected to have been stolen(Toshiba TV) and failing to account for some property. This has no relationship with chilubas case because there is no where on the Charge sheet where it says the same goods(Toshiba TV) where stolen by Chiluba or the said wealth was given to her by chiluba. If you say the wealth was given to her by Chiluba then the case falls off because it would mean she has accounted for it by pointing to where it came from. If you say TV was stolen by Chiluba then you must prove that on a particular date, there was a theft or burglary at sate house and a man identified as Chiluba was cought red handed with a TV belonging to state house similar the one found in reginas possession

  11. What is this CHI Imunity for Kanshi? Unless if he hopes to commit an offence. Ine I dont need CHI Imunity because SINDINE WAMILANDU. ALINAKALEMA NDIYE ANGAZI LWISHA Imunity. KAYA NAKAMBAKO CHABE.

  12. Maybe he is in a hurry to start campaining for presidency 2011. And with all the circus that happens pa Zed, he could win. I will be watching from a distance

  13. RB is trying to cover-up the Dora Sleer scandal by being quick to comment on this case. In addition, he is trying to safe guard his exit (immnity)from state house. By doing so most things will be done by VJ , GK and his appointees (Judges) and RB will just be used as spokesperson, controlled remotely. Find out what Sakwiba has done for RB. He may disolve his party and become a minister. He could have played a key role in the saga of chiluba,dora and judges. God knows well!!!!

  14. Should we not register the the london judgement first? And how is RB supposed to push this thing now that he says that he is relieved by the local court’s judgement?

  15. A politician’s goal is always to manipulate public debate. I think there are some politicians with higher goals. But all of them get corrupted by power.

  16. KULI KANTU KU ZAMBIA.. INSTEAD OF TALKING ABOUT DEVELOPMENT,WE SPEND ALL OUR ENERGY PREACHING HATRED ..ZAMBIA HAS BECOME A DEVIL’S BASKET NO GOOD NEWS ONLY BAD NEWS.AHH AHH AHH..WEare sitting on a time bomb.Judging from the comments,one would suggest that the frustration level pa zed has reached the highest peak. If OSAMA BIN LADEN had to set a base in zambia more would join him.WATCH OUT.

  17. THATS ZAMBIA FOR YOU ….. THE GAME HAS JUST STARTED…. ALL THOSE WHO CALLED KAFUPI KAWALALA …. I HOPE YOU HAVE MONEY TO PAY HIM….FOR SURE HIS REPUTATION WAS AT YOUR MESSSSS… PLEASE FTJ SUE THE POST AND SATA AND GET SOME COLL$$$$$ FOR A NEW WARDROBE… SHAME ON FRED… I HOPE HE CAN FIGHT 2 SEASONED ZAMBIAN POLITICIAN FTJ & RB. GOOD LUCK!

  18. chiluba you should be ashamed of your short self.you are not clean, you stole from the zambian people.shame on you kafupi.one day is one day and you will pay for all this

  19. Immunity should not be restored yet.

    If immunity on Chiluba is restored, it will interfere with other court cases still running.

    Court cases are not yet over; we have the London High court case still running on Chilaba.

    We need also to give chance to people with evidence against Chiluba to appeal to the Supreme court of Zambia.

    Immunity should be the last thing to be restored on Chiluba.

  20. I wonder if any sane donor will want to commit their taxpayers dollars to this bogged down governace style were corruption is largely unscathed and cladestinely glorified.

  21. In my opinnion, it was a fallacy to allow the London jury to prosecute Chiluba in the first place. You will never hear of any retired European president answering any charges before an African jury, even though there would be enough reasons for them to do so. This is where I support the presidential immunity. Even a dishonorably discharged Head of State should be indemnified in cases where he has been acquitted by the national jury. This is the rule of law. Correct me if I’m wrong.

  22. Of course great politicians are always liable to be wrong about something, and the more people tell them they are wrong, the more stubbornly they defend their error.

  23. #28, I can’t agree with you more! After all ,an accused person is innocent until proven guilty! And remember the old bemba saying that “impupu nipakuboko”. The onus then entirely lies on the prosecution team, to prove and convince the courts of law,beyond any reasonable doubt, that Chiluba had stolen. The prosecution team, was actually given all the artillery they required to prove and convict Chiluba! Allas, they were not able to do. They however, received a lot of money in terms of fees from the tax payers.. More than the US$500,000 Chiluba has been accused of having stolen. As regards Regina, there should be no fuss as they were not jointly charged. I stand to be corrected, was it ever mentioned that the goods and other properties were personally stolen and given to Regina by…

  24. FYOBE FYO
    i agree with you Brig general has the qualities and intergrity to be president and restore our reputation as a proud people of zambia.but you just felt short of not saying noti chi rupiah banda nachi micheal sata.

  25. The trouble with this country is that there are too many politicians who believe, with a conviction based on experience, that you can fool all of the people all of the time.

  26. As a fellow christain, Dr CHiluba I would advise you not bother about immunity because we are all equal in the eyes of God and since you you are no longer in power in this part of earth, just strive to behave yourself and live a sinless life. Besides your days are now numbered why not prove to us that you do what you preach. Or are there things you are scared of that only lifting immunity can help???

  27. #32 Romantic Monk
    Usually the losing party appeals minutes or even seconds after judgement.But what have we seen here?Max Nkole saying he’s satisfied with the ruling,chalwe mchenga(DPP) appointed state counsel(reward for not appealing/losing case?),RB showering praises on FTJ……….Simply put there’s no one to appeal!

  28. F**K the london verdict.. FTJ has been acquited by Zambia court… If you have worked GRZ you will realise that GRZ get ‘peanuts’… but their allowance are huge. We should not allow this to happen… If this is case then I find Dr Livingstone quity of enslaving local pipo by coercing them to carry heavy loads thrus the African bushes…

  29. Its important for any person in leadership that whatever you do today will have some consequences tomorrow.RB and his friends in the current Government have politically manipulated the judicial system in Zambia and all we see is drama and no serious judicial operations.This is sad and untimely but the right time for us to claim what is right will come.

  30. #28. You have made a great point. U see even criminals like Tony Blair are masquerading as Peace Envoys in the middle East. Why is the London Court not bringing them to book for very serious crimes committed in Iraq. Ba Levy was wrong to take FTJ to a foreign court.

  31. fredrick titus jacob mpundu chishala chiluba……joseph desire mobuto seseko wazabanga namilele kuku bendu…..why do we have such long names from katanga?

  32. WHy would an innocent man want immunity ? IF I was innocent I wouldn’t ask for immunity if I knew there was absolutely nothing to worry about. $500000 is a small amount in comparison with other amounts he stole like the £23 milllion. For all we know Chiluba might has £50 million stashed in SWiss or Lichtenstein

  33. Iwe # 50 surely if he had all those moneys stashed away, do u believe Levy and the British would have failed to trace the loot all these years with the vast machinery at their disposal. Remember Levy only died 12 months ago by then they case was already 7 yrs old. Immunity for a former president is a standard practice. Even Ba KK who is “clean” has hang on to the immunity, so why should FTJ not have it. In any case the reasons(alleged cases) for its removal were all dropped along the way. The 500,000$ theft was just meant to save face as a new case. Its therefore not surprising that it also failed. NASILIZA

  34. Kaaba free nomba, ulupundu lwalachepako, kainge nomba tooth pic yakalaima, so double diff..twalya again. Ka president kakatoba kamayanda. Na Regina sacrificed real marriage for money…never mind the tooth pic, as long as im paid. Kashi Castro echo kalwalile no mutima…ni double diff. Small body small engine aaaah.

  35. The case was brought by the Attorney General of Zambia for and on behalf of the Republic of Zambia against Chiluba and 19 of his associates, was held entirely in private on the judge’s orders. The civil trial opened in London on 31st October 2006 and centred on claims to recover sums which were transferred by the Ministry of Finance between 1995 and 2001. The money in question was transferred on the basis that it was required to pay debts owed by the Government. It is acknowledged by the Zambian Attorney General that some money was used in that way but most of it was not – very large sums were diverted away for private purposes for various of the defendants.
    On 4 May 2007 Chiluba and his co-defendants were found guilty of stealing $46m (£23m).

  36. The High Court judge accused Chiluba of shamelessly defrauding his people and flaunting his wealth with an expensive wardrobe of “stupendous proportions”.
    The judge singled out as “the most telling example of corruption” his $500,000 purchase of hundreds of suits and monogrammed shirts from an exclusive boutique in Switzerland, as well as 72 pairs of handmade, high heel shoes to extend his 5ft stature. “This was at a time when the vast majority of Zambians were struggling to live on $1 a day and many could not afford more than one meal a day. The people of Zambia should know that whenever he appears in public wearing some of these clothes he acquired them with money stolen from them.”

  37. The court ruled that Chiluba ”was uniquely positioned to stop corruption” in government, but that he elected instead to join in it.
    The judge also said of his lawyer, Iqbal Meer “I am satisfied that no honest solicitor in his position would have done what he did.” His unquestioning acceptance of the money – transferred to a London bank account by the Zambian intelligence service – was “classic blind eye dishonesty”. The central London law firm of Meer Care & Desai handled $10m of the stolen money, which was used to fund lavish lifestyles for Chiluba’s family and friends. A second London law firm, Cave Malik & Co, was found to have illegally handled $3m.

  38. Bishop Simon Chihana, if you are a real Bishop at all, tushimbi tunga mwapokele from Titus Mpundu in the brown envelops he used to dish out to his personal churches when he was President?? That is the only justification you have to fight for Mpundu’s Immunity vigorously. Why don’t you see it Levy’s way? You must be corrupt yourself. Titus Mpundu is a cheat from his mother’s (Diana Kaimba’s) womb. She cheated on Zarare Nkhonde the Mozambican when she slept with Chabala Kafupi the Congolese to produce a misfortune for Zambia called Titus Mpundu, the twin sister died. Titus surved a very bright child accademically but his cheating took the better part of him. You see this at a sisal farm in Tanganyika; UBZ where he met John Chinula, William Banda and Lemy Chipili and so on.

  39. Continued: Titus Mpundu is a cheat through and through. KK knew Titus Mpudu’s background very well from his intelligence team which, for anybody who remembers, was so thorough that we almost lived in a police state. But because the mood of the nation was for change we did not listen to the old man. Even Levy forgot that he was a school captain at Chiwala secondary school when Titus ( a much older man than Levy) claimed he got his form two certificate. The real Fredrick Chiluba knows truth and so does Benjamin Yoram Mwila (BY) who was a classmate of Titus Mpundu at Kawambwa secondary school in 1960. Let anyone challenge these facts. Bishop Simon Chihana can you??? What do you know about Mpundu?

  40. The case on CHILUBA IS A THIEF has not been concluded. Let him remain in his current status for the proceedings to go well

  41. On ‘”The lawyers are studying the linkages of the case of alleged theft to other matters such as the former president’s immunity, the civil matter that was before a court in London and the case of Mrs Regina Chiluba,” Mr Mwamba said’, has the State settled its matter or is it going to appeal the Chiluba ruling to a higher court? How about the London High Court judgment registeration in the Zambian High Court? Are we as Zambians going to restore immunity of Mr Honourary Doctor FTJ Chiluba through Parliament even when there are still unresolved matters? Why the rush?

    I hope the MMD GRZ is serious with the way it is going to conduct itself. It appears that certain elements in the current Administration are doing all these things for their future benefits.
    _
    matthew 6:33

  42. 46. Ndine.. there was nothing wrong in taking the case in a foreign country cos the monies were passing thru this foreign country’s accounts. Acquitting Chiluba was a face server. he is not innocent as said cos some of his collaborators were found guilty… For instance, His wife failling to answer questions as to how she acquire worthy. found guilty and jailed >> then the real kawalala walk free. hooooow????????????

  43. IMMUNITY is like VIRGINITY, it can not be restored. Come on FTJ get on with your life. I bet your heart problems are now over. Save us some cash…. You have spent too much tax payers money as a ‘medical tourist’ to South Africa. Leave us alone… Please…

  44. BISHOP CHIHANA is a parasite a man with a church with less than 10 members a Bishop without churches CHEAP LEADERSHIP. Mr.Chiluba was found guilty in London that case needs to be registered in Zambia on behalf of the Zambians,This man needs to loosed his pension,housing and all his benefits, The people of Zambia entrusted him but he robbed them.
    If Zambians do not have the common sense the world will do it for the ( International Criminal Court)

  45. #52 The british and levy don’t have the power to search all the secret bank accounts. The only reason the british government found the £23 million is because chiluba put in their jurisdicition openly, used Uk solicitors accounts and the uk zanaco branch to launder the money. The £23 million was just pocket money it wasn’t the last he stole, chiluba’s personal stash has never been revealed. If chiluba had directly gone to Geneva, liechestein, cayman islands or coracoa we would have never known of the £23 million because of secret bank laws, .

  46. The stupid London judge thought Zambia was still a colony of the British Empire. (If it still exists). He did not check the time and the year. Levy is the one who sold the country. How can you allow a local issue be handled by a foreign judge? Levy as a finished constitutional lawyer who failed to update himself academically and in the process even when he was a President, continued to use SC – State Counsel tag to his name. He thought SC was a higher qualification than his Presidence. What a loser he was. Out Sourcing Zambia’s judicial system. FTJ deserves his immunity as the charges he pushed for were a personal vendatta and personal gratification only to smear and mock the system. How much spent again on the corruption nonsense? Who was corrupt, FTJ or LPM?

  47. # 68, Slumdog, FTJ did not put that money in the bank. That money belonged to Zamtrop. Zamtrop was an OP arm to fund foreign programs. If you think Zamtrop was a scheme to launder cash, you need to know how intelligence operates. How do you think CIA, and all other secret services fund their programs abroad? You want them to have account called OP Account in London? You think CIA have an account called CIA in foreign countries? Mwanawasa was a big f**l to bring it out. Did you see what he did? He put his uneducated brothers in OP senior position only to be killed by a prostitute in SA. What type of OP service was he trying to build? A Lenje Lamba OP? If that was what it was, it failed. Mwanawasa was a fraud who we should be ashamed off having ruled our nation.

  48. #72 Have you bothered to Read “Attorney General of Zambia v Meer Care & Desai (A Firm)” or are you just speaking from a deluded blind followers point of view? Chiluba, chungu and sibanda took money from the Zanaco london branch(zamtrop) from ZSIS(intelligence) and channelled it into Saloman account with ABN-AMRO,KBC Bank Brugge Belgium, the solictors accounts of london law firmMeer Care & Desai and many moreother bank accounts. It’s a classic money laundering move, why would Zambian intelligence need to transfer money from their own hands into other banks for foreign operations? What kind of ZSIS foreign operation needs obscene amounts to buy luxuries. Wake up stop lieing to yourself Chiluba was stealing and it’s been proved

  49. #75, unfortunately all these cases you are citing did not even take place. According to the what we have right now, not what you have, Chiluba is as innocent as you are (that is if you are), but I have evidence that Chiluba is innocent and I can show you evidence that he stole no money at all. Are you telling the populace here that FTJ does not know where Cayman Islands are? Are you saying Bahamas and all those places were one can hide their loot is new to Fred? Since he never did what you say he did, hence the verdict we have right now. Sorry that you are citing the sick white man’s verdict. The all scenario and verdict was a fraud and citing it tells me a lot about who a blind follower is. Why do you think the judge in Zambia did not even mention that Kangaroo court of yours in UK?

  50. #76 I have never seen such mental buffoonery from a human being. You mean to tell me a case in the COurt of appeal uk’s second most senior court and one of the top courts in this world Never took place? The only thing that seems never to have taken place is your brain maturing and acceptane of reality. You go as far as bending the laws of reality to suite your own cloud of deceit floating round your brain. IF you want to talk about racist isn’t chiluba the same one that run to UK lawyers to hide his money, isn’t chiluba the same one that byuxes and even has a faux euro accent, isn’t this the same chiluba who sold the country to foreigners? You only cry racism when justice is served , The uk court handled chiluba way better than the zambian courts

  51. IF you bother to read the case You will see that everyone of chiluba’s foreign friends turned on him and gave evidence against him. The UK judge didn’t tell chiluba steal or being the thieving pygmie he is , the only wrong the judge did was to tell the truth which your plunder beneficiaries can’ stand. The case was not brought by uk authorities it was brought by the AG of zambia. The UK courts showed you what real justice is but you pseudo plunderers think anyone thats of another race that catches you stealing and proves it is racist.

  52. QUOTE : FYOBE FYO says:
    August 19, 2009 at 9:12 amThis has set a bad example in our country. We need Miyanda for president, that man is wise, honest and serious. he is the only person who can restore Zambia s pride..not chi Rupiya Bamba.

    I have said this countless times. Even as a young teenager in the nineties my cause was for Miyanda as President, 2001 we cried for Nevers to unite with Miyanda but anakana ayi. Even akapondo sees the light as we do here Zambia is the only country that is stable in peace, though people are hungry that can let one man with the required integrity to moralize and begin development go to the way side. Kapena niyambe fasting mwe.

  53. Chapwa mixing your wisdom with 1984’s comments and a lot others on this blog and we are headed upwards as Zambians.

  54. #77, Slam dog, I really don’t know who the buffoon is between the Judge who made a fool out of himself by passing judgment in a case that he had no jurisdiction and with defense present or the one who believes in that judgment. Probably both. The Judge errored in taking up a case that was not his. Chiluba being smart as he is, laughed all the way to the bank and in the yesterday judgment the Zambian Judge in essence told your hapless Queens court to go pound sand. Only those like you who worship white courts believed in their Kangaroo court and in their ukutumpa still believe Zambia is still their colony to meddle in their internal affairs. Only those still colonized in mind would even cite that judgment. Bwana, this 2009 not 1963. Zambia has its own courts. That is buffoonery at its…

  55. This Saturday, August 22, 2009, Zambia Blog
    Talk Radio wil host the Second Republican
    president of Zambia Dr. Frederick J.T. Chiluba.
    He is no stranger to Zambians at home and in
    the Diaspora. We call upon all Zambians out
    there who have burning desires for their
    questions to be answered by the man himself
    who has been surrounded by controversies
    since leaving office. Don’t miss this rare
    chance to talk to president Chiluba. Please
    tune-in at 9:00AM EST (New York), 13:00 hours
    GMT or 15:00 hours (Zambian Time). The
    number to call is 1-347-237-4270.
    Join us for a live interview at 9:00am NY time ,
    13:PM GMT and 15pm Zambia time.

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