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LAZ refutes claims made by President Michael Sata that ACC needs permission from him to investigate people in cabinet

By editor
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LAZ president James Banda
LAZ president James Banda

The Law Association of Zambia (LAZ) has refuted claims made by President Michael Sata last week that the country’s Anti-Corruption Commission ACC needed permission from him to investigate senior party officials.

This is contained in a media briefing released to the media. According to LAZ, the assertion by his the President that the law requires ACC to get permission from him before investigating or prosecuting a party or government official is misplaced and wrong.

Last week President Sata castigated the Anti Corruption Commission for not getting permission from him when investigating senior party officials. He explained that by law the commission was supposed to get permission from him to investigate any senior party official. President Sata wondered why the commission was not approaching him to get permission to investigate senior party officials when the law is clear.

Below is the full media briefing.

PRESS STATEMENT ISSUED BY THE LAW ASSOCIATION OF ZAMBIA (“LAZ”) AT LAZ SECRETARIAT ON
11TH DECEMBER 2012 AT 09:30 HOURS
__________________________________________________________________________________

The LAZ is mandated under Section 4(l) and (p) of the LAZ Act Chapter 31 of the Laws of Zambia (“the Act”) to seek the advancement of the rule of law and the rights of the individual and to do all such things as may be necessary for the attainment of its objectives set out in section 4 of the Act. It is against this background that the association deemed it necessary to issue this statement in the face of recent events and occurrences in the Nation indicative of a breakdown of the rule of law. Sadly, these events and occurrences have, by and large, been orchestrated by the Executive arm of Government in apparent abuse of the power and authority vested in it.
Of particular concern to LAZ are the following:

1. Corruption matters:

The attention of the media and the general public has recently been drawn to the investigations being carried out by the Anti Corruption Commission (“ACC”) with respect to two very senior members of the Government, namely the Honourable Minister of Justice Mr W. Kabimba S.C. and the Honourable Minister of Defence Mr Geoffrey B. Mwamba. On 4th December 2012 we issued a statement condemning the behaviour of the Minister of Justice with respect to this investigation as it was a mockery to the justice system.

Subsequently, His Excellency the President of the Republic of Zambia, Mr Michael Chilufya Sata was quoted by a wide section of the media supporting the actions of his Minister of Justice in defying the intended interview at the ACC and declaring that he would not suspend either of the two Ministers facing allegations of corruption until it is proved to him that they are guilty of the acts complained of. His Excellency further stated that senior members of the party are not to be investigated and thus prosecuted without the investigative wings first obtaining permission from him.

LAZ wishes to reiterate that the actions of both the ACC and the Minister are inconsistent with what is expected of a well functioning institution charged with investigating matters of a serious nature such as the allegations the Honourable Ministers are facing. We maintain that the Honourable Minister of Justice erred by using his influence in the ruling party and in the Government to intimidate the investigating officers. This situation does not in any way assist in the dispensation of justice and LAZ reiterates its call that the Ministers involved should proceed on leave to allow for a free investigation which it is hoped will exculpate the Ministers. We equally call on the ACC to exhibit the level of professionalism expected of them in the execution of their duties.

On his Excellency’s pronouncement that permission ought to be sought from him prior to the commencement of investigations against senior members of the party (PF we assume), we wish to inform the public that no such provisions of the law exist. Even assuming that such a law by misfortune exists, LAZ wishes to state that such a state of affairs cannot be allowed to exist as it is a recipe for anarchy and is decidedly in contravention of the provisions of Section 3 of the Anti Corruption Act No 3 of 2012 by which the autonomy of the ACC is guaranteed. The assertion by his Excellency the President that the law requires ACC to get permission from him before investigating or prosecuting a party or government official is therefore misplaced and wrong.

We implore the Executive, for the sake of justice and good order, to observe the rule of law and allow the investigative processes and procedures to reach their natural conclusions without any explicit or implied undue influence from the executive.

2. Recent deportations:

LAZ has observed, with increasing concern, the use of the powers vested in the Minister of Home affairs seemingly to achieve ends that may not be in the wider interests of the general public. The perception that has been created by the recent spate of deportations and revocations of permits to remain in Zambia is that the power to deport is being used unlawfully against persons that are not in good standing with the ruling party or its close allies or associates.

The Executive should desist from these acts if indeed they are being perpetuated for the perceived purpose. LAZ appreciates that the decision in these circumstances is made purely in the subjective approbation of the Minister of Home Affairs. While this may be as it is, it is not in the best interests of the country. This type of conduct does little to improve the perception that the investor community will have of our country if it appears that the Government of the day is in the habit of maligning personalities and targeting deportations at companies that are not seen to be in “tow” with the ruling PF party.

To effect deportations without according the affected persons an opportunity to be heard flies directly in the teeth of Natural Justice. We are alive to the fact that the Immigration and Deportation Act does give the Minister discretionary powers but we are of the considered view that such powers must be used judiciously and it appears to us that this is not the case in respect of the recent deportations which have been widely reported in the media.

We have sufficient laws as a Country to deal with many scenarios and we implore the government to make use of such laws where an offence has been committed or is suspected to have been committed rather than effect unnecessary deportations. Proceeding in this suggested manner will promote the rule of law in that affected persons will be given opportunities to be heard and defend themselves. This is how we would expect Zambians to be treated should they find themselves in similar circumstances in foreign country

3. Stakeholder Engagement

The LAZ has noted that despite its numerous attempts to assist the Executive with the Governance of the Nation by offering its advice on matters of far reaching legal consequence the Executive has largely chosen to ignore LAZ on such matters in consequence of which the rule of law has either been jeopardised or put at serious risk. As a key stakeholder in the affairs of the State, LAZ finds the stance taken by the Executive most unfortunate.

The above notwithstanding LAZ will continue to contribute to the development of the rule of law in this Country by whatever means allowed under the law. We will were possible strive to partner with and work closely with the Government of the day on an apolitical and non-partisan basis but we must emphasise that in the fulfilment of its mandate the LAZ will not hesitate to seek redress from the Courts of law on any matters of National concern where government actions are clearly unconstitutional and go unremedied.

The LAZ is committed to fostering development and prosperity under the leadership of the Government but reiterates that the reasonable attainment of this goal can only be realised in an environment where the rule of law is respected and observed. We therefore urge the Executive to take corrective action now to avoid a total breakdown in the rule of law.

___________________________
JAMES BANDA
PRESIDENT

editor
editorhttp://www.lusakatimes.com

81 COMMENTS

  2. There we go, Sata and his minions know nothing about the law and they are too proud to get advice from the learned. These pf mafias are digging there graves everyday with their rampant stupidity way of running the affairs of the nation. SO Sata publicly placed his morons above the law with impunity. I cannot wait for these pf leaders facing the law when the Zambians kick them out of govt in 2012!

    • Keep on dreaming man.Pf will win even in 2016.Remember that the majority of votes comes from people who can`t even construct a simple sentence hence even a statement from LAZ is like water under the bridge..Internet trolls like you unfortunately only makes less than a percent of the vote. 

  7. Guess the line has been drawn. I offer free eye tests for the short sighted and a glow in the dark over coating for those who walk in the shadows. As for rabbits caught in the glare of the spotlight…. Blink and take a step back :)

  9. At long last LAZ is talking sense maybe the entire leadership has just come know that they can not all be employed by their Ukwa like Mulongoti has!Well ba LAZ with your milk teeth what about the unlawful detention of Nevers and others apparently including your member Hon.Kunda?Are you going to wait for a month to issue a statement or waiting to get permission from Musa Mwenya or from thugs at statehouse?

  10. Keep on dreaming people.Pf will win even in 2016.Remember that the majority of votes comes from people who can`t even construct a simple sentence hence even a statement from LAZ is like water swept under the bridge.Internet trolls like the majority of us bloggers will continue being there but we unfortunately only contribute only less than a percent of the vote.

    • Power of the few ? You don`t need to be a sociologist to see that such can rarely work in a society like ours where print and electronic media is not accessed by the majority.Good point though.

  11. James Banda twin brother of RB fathered from a sarrogate mother the late Mama Mirriam Janet Pensulo Kapekele of Senema township, Mansa. He will always fight PF and MCS. Abash we mwana wamu buceende iwee………….!!!

    • @Dr Mpo. What is wrong with umwana wamubucende speaking out? Do you actually know your father yourself – did you do any DNA testing? Galu na nuchila

  13. Kabimba is a unique human being bane. He should not be treated like any other. You cant compare Kabimba to Jo Jo, Kolak, Peter, Gonclaves, Voodoo, Beleg,The Jackal etc and other time wasters who are busy “flipping burgers” in foreign lands. The closest we shall ever get to Kabimba in intelligence is Mushota and ba Nick.

  16. Is there some suncream, anything that my fiancé and I can use so that the skin don’t damage our skins, he has asked?
    Also does one really need to lock their suitcase when travelling, I have head unconfirmed rumours that people have had their suitcases ripped open, stolen or would you people that have travelled before use padlocks?
    What of the window or isle, any preference people?
    I am coming on 16th Nov in Lusaka, is there wifi as well, or do we need to leave the Ipad home?
    Would really appreciate your expertise 
    Thanks 

  17. letz just prepare for a thunderouse welcome for Nick and Mushota on Sunday 16 Dec. Does anyone know the fight. I dont want to miss this life opportunity.

  18. So this statehouse refugee has been ignoring advice from legal minds at LAZ? no wonder he is boobing all the time.

    What can you learn from a brass neck and prostate mindset? zilch 

  19. please Mushota 16th Nov passed  last month. dont backdate the casual visit. we are all anxiuos to see you. To your concerns, we do have WI-FI. WE also have ipads and galaxy tabs on sale on Katondo street. they are common sight. A galaxy tab or ipad cost less than £1K. High school pupils own these gadgets.
    See you on Sunday 16th Dec 2012. Which flight are you booked.

    • There is likely to be a case of mistaken identity if you went by the description that Mushota will be wearing a black sunhat, black dress and in the company of an old whiteman with a potbelly generously flashing a smile with all his teeth gone but the four frontals.- you know like beavis in beavis and butthead.

  20. LAZ i do not expect a grade 7 president to understand what you are saying…  you should have written it in BEMBA

  21. Anyone who ignores legal advice is doomed to fail in a society that aspires to be governed by laws.

    The President must be the exemplary champion of legality in Zambia. One can only hope that President Sata and the well meaning ministers will remember where they have recently come from, and not take Zambians for granted. 2016 is not too far away for Zambians to come and make them a “one-term” government.

  23. iwe mushota the only thing to be ripped open is your stomach. zambia is defferent my friend if you have a masters you get a job as a director or senior manager not a toilet cleaner. we buy acres of land and build manshions while you live in small apartments. we culculate land in acres while you guys culculate in in metres. we bath in jacuzis while you skip bathing because of water bills. tv licence is 3000 and we pay dstv while you strugle to pay tv licence. i work for an international organisation and i get the same salary as one in the uk with far less expenses.

  24. Iyo Ka Mushota ulikatutu! Ka Mumbwa Mumbwa! You’re a show-off aren’t you? Your writing is straight from the basket yet you claim you’re Mastering at Uni. I reckon you live on benefits or belong to the British Bum Cleaners (BBC).

  25. At #12 I do have grave concerns about what you put on internet.You are very immature and your writings does not fit in with someone doing a PHD.Just in case you are doing a PHD,examine the first sentence in your #12 posting.You don’t expect such mistakes from an under graduate let alone someone studying for a PHD.

  26.  BA 0255 we go to London in the morning by train on the 16th , leave at 6pm i think on 16th December and arrive 06.55 am 17th Dec if am not mistaken. I will check my itenary
    I also still have a black passport does that matter, i am lookign to change to the green one when i come
     We are being picked up at the airport by my Auntie, aunt Carol
    Thanks

  27. Iyo Mushota Mumbwa Mumbwa wantekunya! Chachine pansaka tapa……..!!! Please lock her up in Chainama Hospital if she is coming to Zed for sure. Brains aren’t straight up really.

  28. It is wrong for the President to mislead the nation on a subject that he has little knowledge or no knowledge at all.The lawyer who deliberately gave the President such wrong advice is guilty of professional misconduct and must be punished by LAZ if they are serious with legal matters of the nation.The time has come when LAZ needs stick its neck out and say enough is enough.

  29. The PF have no interest in making Zambia a better nation for all. They are only interested in money for themselves and their spinisters.

  30. Mushota,you make this blogging page interesting and l owez look forward to ur views! You hv a great sense of homour which most bloggers seem to miss! lts been sun yesterday nd today in London though cold and l will bid you farewell at Heathrow on th 16th. M also due in Zambia in February.

  31. LAZ, will you please help the executive to respect the laws of our nation. Help them to understand the application of Public Order Act before anarchy breaks out in this nation. PF must not use the POA to suppress and undermine the democracy we have struggled to establish in this land. Can someone please tell Sata to stop using the police in a manner we are seeing!

  33. #25 I totally agree with you. #12 strikes me to be that former or possibly current UNZA student, who went to the ‘great’ learning place and only learnt insults and the word ‘Abash.’ Even if he were right about his description of JB, a child born out of wedlock is not a lesser being. A lot of such people have made it big in life. If #12 cannot debate maturely then he ought to just stay quiet. Please #12 read the ACC Act then give your interpretation rather than insulting people who have bothered to do so.

  34. People like Mushota are interesting.She is in a category of people whose social age doesn`t correlate well with the IQ.Her IQ may be above average but her social age might be 13 for example.This explains her masters and phds.

  35. Your excellency, President Micheal Chilufya Sata, did these chaps, LAZ ask for your permission to say what they have just said? Where is your wrath kanshi Mr Cobra?

  36. #32 since you are a lawyer could you help us by citing the relevant law that was being referred to? I believe a lot of contributors on the forum may benefit from such citation.

  37. Imwe bankusa ba PF who told you that you can write on this blog using pseudonyms ? If you have something reasonable to say to us ordinary bloggers, say it using your real names, mweba kablwe mwe !!! You imps !!! Mulebika abantu ba Zambia ku munga we fwafwa after using fraudulent means to gain the voters’ trust and loyalty. The people who voted for you are not stupid at all !!! Don’t think that you will never come down from that political power tree !!!! We and the people of Zambia will be waiting for you, ON YOUR WAY DOWN !!!!! And this maybe SOONER than you ANTICIPATED mweba kolwe bampili mwe !!!!!!!!

  39. More hot air coming out of compromised greedy LAZ, so what? If you can’t , then just shut your toothless mouths, very irritating bunch of lawyers. Mushota has more bite than LAZ!

  41. His Excellency, The Honourable, etc. Are these not misplaced titles in Africa? What is excellent about African presidents? And what is honourable about African ministers? Nothing!

  43. This is what happens when you put grade7 street thugs into office.They think they’re above the law.Its either create districts,set up commissions or antagonize the opposition.No time for strategic policy formulation for zambia because the dodo at state house is small minded.

  45. we all know that ACC does not need Permission but immediately they start investigating king Cobra will fire the head of ACC and replace him with a bootlicker.

  47. Zambian under Sata/PF is simply a failed State. What is happening in Zambia is only obtainable in a failed State. Its really a pity!

  48. a fool is he who voted for sata to see a positive change in the country honestly God had nothing to do with his election i guess this a punishment for persisting to vote for sata

  52. LAZ should face the facts, instead of giving this weak excuse on deportations. Zambians were racially abused and assaulted almost everyday under MMD and most Zambian lawyers kept quiet it and defended the racist foreigners. Zambians should not be turned into slaves because of dubious investments and greedy lawyers. PF is doing the good work of cleaning our country of bad elements. 

  53. I posted this last week in case people missed it “From my reading of the ACC Act of 2012, the ACC does not require any permission from the the president unless there is a clear provision in the constitution which overrules the provisions of the Act. Section 5 of the Act provides & I quote “Subject to the Constitution, the Commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority”. I believe this includes the president. If any one has information contrary to this provision, particularly the article of the constitution that provides otherwise, please share that information so that we can debate this issue intelligently”

  54. What I would have loved LAZ to do is to look at the constitution and the penal code and advise whether these have provisions that would be misconstrued by the president as to give him such powers as he claims. the other source would be to look at cases where similar powers were upheld or refuted by court rulings. The  statement by LAZ in my view  is quite shallow  especially that it is coming from immanent lawyers 

  56. Within the framework of public policy, a Head of State is reasonably expected to remain abreast and updated on issues of national interest. What is or not reasonable can be local, international, cultural or all these combined. Investigating alleged corruption involving senior government officials requires clear procedures to avoid miscarriage of justice. In my view, informing the Head of State is not the same as asking for permission to investigate, interrogate, question, etc. Under existing practice, ACC is expected to submit findings first before proceeding with legal action. To who? For what? That is the rule of law in action. If the Zambians want to, then they can transfer clearance aspects to a different authority, including Attorney General, Director of Public Prosecutions, Solicito

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