We can’t investigate a sitting president, says DEC


Drug Enforcement Commission spokesperson John Nyawali tlking to journalists outside the commission's offices in Lusaka
Drug Enforcement Commission (DEC) spokesperson John Nyawali has said the commission cannot question or investigate the sources of campaign finances which President Rupiah Banda has been donating to various NGOs and individual citizens.

Mr. Nyawali said the commission was limited in its mandate because the sitting president enjoyed absolute immunity to such investigations.

He was reacting to numerous calls from the civil society organisations who were calling on the commission to extend their investigations of money laundering to the ruling party.

But Transparency International Zambia (TIZ) has accused the DEC of being selective in the application of law.
TIZ president Reuben Lifuka said it was wrong for the DEC to hide behind the law of immunity which the president enjoyed, saying DEC should ask whether the president was committing any wrongs enough to warrant investigations.

He said the DEC was exhibiting double standards by finding it easy to investigate opposition party leaders.


  1. Thats is why the never inestigated Chiluba

    What a farce. When my fiance swindles his company they will investigate him, why not the president there, to me their influence the preisdent and my fiance are the same. the country is going backwards, I am not proud to be a zambian at all.

  2. TIZ’s Lifuka is fool of malice. How can a sitting President, Republican President for that matter, not just one of the many petty party presidents be investigated when he enjoys full immunity from both investigations and prosecution.Spot on Nyawali and Dec.

  3. The DEC was a darling of the POST when Levy and the Nchitos were in charge..and now they are wondering what animal they created? Ofcourse the Task Force and its minnows usrped alot of powers now they are sad they cannot go after those they percieve as enemies…But I think the people here are not saying investigate the Presido theya re saying the MMD…

  4. you are right about that, coz you cant investgt yosellvs.
    how do you investgt the man giving you orders?

  5. malabish!….U mean you cant see the nation behind removal of abuse of office?…U f.ools will never investigate anything….U’re a Disapointment,
    And whats the reason for not imvestigating and prosecution of lucychangwe fof cheque bouncing?…Rubbish

  6. Chiluba is not a sitting president,neither has he any immunity,why not investigate his $8million that was donated to him by well wishers.Im proud to be Zambian though


  8. Unfortunately thats the truth which every Zambian needs to learn to live with. Ask yourselves why former US President George Sanga oh sorry George Bush is not been prosecuted for killing Saddam Hussein?

  9. No 10 zambiano, you are dull , if you think Bush need to be prosecuting for killing sadaam. I have not time time to educate you, you are an embarrasment of a man. Another dull zambian probably living illegally. Says it all really


  10. I hear in Ivory Coast it was a “sovereignty fund”, in Zambia it was “zamtrop account” under Super Ken and Kafupi. What is RB’s fund ? We shall only know when he is out, in the meantime he is swimming in momey and so are are his friends!

  11. One would need to scrutinze the law to determine whether what Nyawali is saying really makes sense. However, ever since that day when he publicly and adamantly claimed that cadres from an opposition party were the ones hurling tear gas cannisters at the police, I have lost all respect for John Nyawali. He seems to be steadily losing it!

  12. John Nyawali is very small fish in the wider scheme of things. You have to forgive him; the chap has to feed his family. Jobs are hard to come by, good

  13. John Nyawali is very small fish in the wider scheme of things. You have to forgive him; the chap has to feed his family. Jobs are hard to come by these days, good or bad.

  14. Nyawali is speaking loads of rubbish. The law does not stop DEC from investigating or rather enquiring on the legality of the president’s activities. It simply doesn’t allow them to prosecute without lifting the immunity. In other words you can only have the immunity lifted if you first of all carry out some investigations to present a case for it. How stupid does Nyawali think we are?

  15. its sad that our country can sink so low to allow leader abuse state institutions like DEC, POLICE,judiciary in the name of immunity. anyway the clock is ticking our voices are yet to be heard in the ballot box.

  16. Investigating the MMD abuse of office should not be confused with investigating RB. NO!!!. If the investgation of MMD leads us to State House let it be so. In short Nyawali is saying RB is guilty together with MMD so the MMD cannot be quizzed since this will entail interrogating RB?

  17. Give african presidents an inch then they take a whole meter.Thing is those acts protected in law for the good of zed are ok anything for personal advantage is criminal.Clinton was quized while in office and that shows it is the law adhered to and the institution of presidency is separate from the person.Rule of law zedians not rule of personality cult like mobutu.If RB abuses his position or breaks the law lets hang him out to dry like the regulars.

  18. #10, Zambiano.

    I was wondering what was happening to that man in your picture. Was it at some hopital ?

    On the topic, Nyawali is ok. The president’s immunity must first be removed before any investigation on him. The best time to remove the immunity is when he is no longer holding that office.

  19. so this moron is actually agreeing that mmd and rupiah, are as guilty as hell but they cannot be prosecuted until they vacate their offices. this guy is really a dummy. i agree with number 18. how do you lift the presidential immunity without investigating him or her. immunity does not only save when one is president evening after serving as president one still enjoys the immunity until it is lifted, and that only happens when their are investigations that implicate the president or ex-president. this is done to allow him to answer to the questions raised in the investigations. so how do you remove the immunity without investigating someone. i hate this kanywali chi color. he looks more of a cadre to me.

  20. Guys dont be emotional and misunderstand the poor boy Nyawali. The correct and accurate version of this story is carried in todays Post Newspapers.

  21. People, yoiu should understand the safety part of everything. MMD thugs ca easily target investigators and will be gone leaving the jobs behind. Also its very difficult to access infor/files/docs on a sitting president. Also govt machinery at Zed will make the mission impossible. Wisdom helps in such cases. Know when to do something and not to.

  22. Impupu ni mpupu no one is above the law. If the law explicitly says so then there is urgent need to change that. We want a leader who must be held accountable for his/her actions regardless of thier office.

    Mushota naiwe you need to tone down & be more civil on how you are responding to some of these comments. # 10 has a valid concern except he has put it the wrong way. The USA declared an illegal war on Irag killing thounsands of innocent people Saddam Hussein included

  23. It is for this stupid reason that a failing Zambian President can’t be made to resign say, mid-term. This is a bad law that helps African Presidents to stay in power while stealing from the Tax Payer.

  24. Mwe bantu, all the DEC boot-licker is saying is

    ” I don’t want to lose my frigging job, so chill little children “.

    Politics of poverty at it’s best !

  25. Good afternoon

    So the DEC would have us believe that it is impossible to investigate a sitting president? What about impeachment? Does that not allow the Legislature to undertake formal charges against a head of state for crimes committed in office? Unless I’m mistaken, I recall that this is even taught in Grade 9 Zambian Civics.

    Where is the whole essence of Seperation of Powers in a democracy? If indeed we are the democratic state we profess to be, then it should not be a big issue to carry out formal investigations against the ruling party and it’s civil servants on grounds of money laundering.

  26. DEC spokesman deep inside his heart knows that our President and his party are breaking the law but what is sad is nothing can be done!

  27. As a nation we refuse to take this bull crap from DEC as a way of covering up their inefficiencies. They need to do a better job than they are currently doing?

    Stop giving excuses that make you and your institution look extremely fullish

  28. Nywali niwebo kolwe fye how many people have you failed to investigate! Ransucking a bank which is viable becuase of political affiliation is dissappointing.

  29. be hey DEC is not being asked to investigate Crankshaft Banda but the MMD… They can investigate sitting party members no problem, they have no immunity

  30. Mushota u need to tone down, respect others comments, jus coz bwaliupa aka musungu u think u can tok crap!

    On the issue at hand, am of the opinion that if there is serious and urgent need 2 investigate RB and MMD for money laundering the best way to go about it is 2 impeach the president and removal of his imunity will follow. As 4 now the hush truth is that he is protected by the law. And many if not all bloggers can’t change that coz they won’t vote, most r abroad n can only comment bt not vote

  31. .Absolute immunity…! No wonder these people are never accountable to their evil ways of corruption. What sort of govt is this?

  32. They can investigate a sitting president, but neither can they investigate a former president whose immunity has been removed!

  33. Thats the reason why we need to have a people driven constitution. We can not continue with this obsolute immunity bullshit. If a sitting President commints a crime today, it needs to be Investigated and dealt with now rather than later.

  34. The Constitution gave powers of immunity from prosecution to every head of State for 2 good reasons: 1. The head of State should not be dragged into court to anbswer charges while the State needs his whole attention. A Prime Minister is different because he is head of government and not State. The Head of State can appoint someone else to form a government. If you Zambians want that system, you should have submitted it to the NCC. 2. The President acts on behalf of all Zambians, therefore it is wrong to hold him liable for actions he carries out by virtue of the authority entrusted to him. If he can be liable for anything where does it stop? He cannot order the army to war, he cannot do his job at all for fear of prosecution.
    BUT IF there is cause for concern…

  35. FROM 50…
    A sitting President can be impeached by Parliament. That is why if you elect the right people to Parliament, the Legislature will regain its power and balance the power of the Executive. At the moment Zambians have filled Parliament with poor people who just want to buy a Pajero. We need people like Milupi, Magande, Shakafuswa, Masebo, Simuusa, Scott, Sikota, etc who can think outside the box and pose real challenge to the government. Even if an MP belongs to the ruling party, they have the power to bring government to account. Chiluba would not have flirted with the constitution if parliament had been strong.

  36. Dr Chiluba did not steal any money from the government so people should stop saying this. He was found to have ‘defrauded the Zambian people,’ but not stolen. He dribbled us. How he did it, only he knows and one day we will know the truth. But, the good thing is that the money that is in ZAMTROP account is now State money because Chiluba has not applied to the court that convicted him, in the Civil case, to get his money back.

  37. No # 50 & 51 The Saint well Said. No # 48 Village boys hahahahaha genius you have made my last day of 2010. Remember to laugh and pray this new yea like it was 2010 because God does not change :-)

  38. Nyawali, hear hear hear, this!!!!!!!!! This why us, current Zambian generation have been calling on the making of a new constitution with the inclusion of less Executive Presidential power, so that a Zambian President like Rupiah Banda can be investigated for all his donations and funding he is receiving from akawalala such as William Banda and his killing team.

  39. But Transparency International Zambia (TIZ) president Reuben Lifuka, should also know that it is Kunda the RED LIPS who has robbed Zambians of a good constitution which should have included the investigation of a sitting president like Banda.

    Can the PF/UPND pack government promise Zambians that they will include this in the constitution to even jail Drug Enforcement Commission (DEC) officers who apply selective application of justice?

    Nyawali is one of them who should be jailed after the MMD term expires next year because he is one who is applying selective justice against opposition leaders.

  40. # 52 THE SAINT, is one of the Clergymen who received BROWN ENVELOPS from statet hoise during the reign of Chiluba. All the clergymen believed it was manna falling from heaven and not money stolen from Zambian government coffers. Clergymen see no corruption where there is corruption when the scriptures suits them. Even in Rwanda they did not see evil in the tribalism genocidal massacres.
    Even in Zambia, there are Reverends Njovu’s who are supporting the government of the day just because the president come from their tribe.

    What a shame!!!!!!!!!!!!!!!!!!!!

  41. Lets all fight to be presidents to dribble how country and leave our children rich.And when we are voted out of power only then shall we fight or speak out the common man.

  42. my sister Mushota please stop insulting people. Thats not what our parents taught us. Just because you get married ku musungu in UK and me ku musungu in USA doesnt mean we have to loose our respect to our zambian bros and sisters.

  43. And we can’t investigate a former president because “abuse of authority of office” is no longer an offense. So which ever way you look at it, we are f.u.c.k.e.d.

  44. When the president is been sworn in the only thing i remember him reciting is that he shall uphold & defend the constitution.if he is found to be in breach of the Zambian law then he must be impeached & stripped of his immunity so that he can face the law.Thats what Nyawali should have said.

  45. Nyawali is just trying to keep his job for the sake of his family. Its understood! you cant bite the finger that feeds you.

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