The Foundation for Democratic Process (FODEP) has opposed the idea of restoring former President, Dr Frederick Chiluba’s immunity as doing so is unconstitutional.
FODEP chairperson for Legal sub-committee, Charles Chanda, has since urged the Speaker of the National Assembly not to convene a special session as doing so will tantamount to use parliament to engage in unconstitutional business which is ultra vires in its jurisdiction.
He said that immunity enjoyed by the president during tenure of office is not a right but a privilege which can be taken away at any time in accordance with the law and that parliament has no authority to restore Dr Chiluba’s immunity as it cannot confer that which it as no powers to do.
Mr Chanda said the foundation is concerned with the current events of the aftermath judgment which is raising fundamental constitutional and jurisprudential issues which are very important for the good democratic, transparent and accountable governance firmly founded on the rule of law.
Meanwhile, Mr Chanda has said FODEP is happy to that the Task Force on Corruption has decided to appeal against the said judgment on behalf of the Zambian people in whose name all prosecutions are conducted.
Mr Chanda called upon all the leaders and citizens to respect democratic institutions that have been created and submitted to their authority, saying the leaders must lead by example and not to condemn those institutions that they were party to and whose authority they also benefited from.
This is contained in a press statement released to ZANIS.
ZANIS
chibe chibe umwenso nimfwa bane
Let Chiluba have his stolen money, Please Zambians let us Vote for anyone or any thing come 2011 apart from MMD, UPND-PF pact look at what happened today. Why Miyanda did you not just fight harder for presidency Zambia needs warrior Christians like you but please do speak up. Look at what happened at the Kabwela case.
Mwanawakwitu,
Zambia’s salvation lies in the hands of honest people like miyanda but you zambians wont accept him because he is not a sweet talker like sata.it is shameful for people in country who think correctly to look to people like sata for any meaningful change.
#2 Mwanawakwitu & #3 Akapondo,
That has been my long standing view as well that people always say Brig Gen Miyanda is too straight to be a president. But what is wrong in having a principled person for a President, if I may ask? The only problem I see is that they would not have an opportunity to abuse public resources hence the fears. A friend of mine told me that last week or so he had heard Mr Sata on one of the radio stations saying he was considering engaging with General. While it may be a welcome move, my only fear is that instead of backing Brig Gen, Mr Sata may jeopardise Gen Miyanda’s chances by subjecting him to public ridicule in an event that Mr Sata’s presidential aspirations which may include the idea of riding on Gen Miyanda’s record of being a principled fail.
What is Charles Chanda of FODEP up to. That man should have his immunity restored by parliament since it is the same institute that stripped him off even without according him (FTJ) chance to defend himself. Eight years down the road. FTJ has been acquitted not by a Kangaro court. There were competent legal men on both sides so why the hustle. FTJ could have made mistakes during his regime that does not mean he 100% misruled and mismanaged public affairs. The Head of State is given immunity coz at times they take Hard Decisions when national interest is at stake be it internal or external threats. Lets us accord our former leaders respect. The Presidency is very important for any country’s stability. The whole problems lies in our constitution which was written by the British.
#4 Dongo Na Sundu. How do you expect Gen. Miyanda to rule this country. The man is a loner, whilst his fellow opposition leaders are forming pacts he has distanced himself from such. He is not investing much in politics. To me he is already ruling by passing his opinions on various issues. Believe me or not the man is busy researching and he will spring up with a subject, well researched. Looking at Heritage Party, is national party or just a Lusaka based Party. Miyanda could have bin a Powerful force to reckone with in our Political Landscape but the man is always in reverse gear. I used to admire the man alot, the way he puts his points across, very clearly but he is always working alone. We are better off with RB somehow. He is diplomatic and respects those around him. For now he is ok
# 7 Motomoto,
You have revealed something I have avoided bringing out in public but I agree about him being a loner. That is the greatest disadvantage he has because somehow it also makes me wonder whom we can say was close to him to an extent would handle the mantle at some point to such a one. But we should not lose hope. May be it is time the likes of you, Akapondo, Mwanawakwitu organised ourselves so that we see how best we can bring such concerns to him – of course without making those around him to feel that we have usurped their powers and privileges of being closer to him.
retribution in African politics just brings each other down!how much did the Zambian govt waste investigating Zamtrop etc?Millions of dollars when we should be improving our country,have they recovered any money?why not instead strengthen the bodies that control the country monies i.e central bank,make Parliament more powerful in it’s oversight in issues concerning govt operations(all)and make corruption a jailable offence,in a nutshell let the president know that if he steals or screws-up his ass will be canned simple..do you see were we are today,a thousand steps back from the starting point!!!!!!!!!!!