By George Chellah (Special Assistant to the president on press and public relations)
State house notes with grave concern and difficulty the exaggerative statement from the President of the Law Association of Zambia (LAZ) Mr. James Banda.
Clearly, in the course of his unjustifiable censure of the Executive arm of Government, Mr. Banda has chosen to deliberately ignore the fundamental realities and principles of governance even on matters that are presently before the Courts of law such as the recent deportations. As an officer of the Court himself, we expect Mr. Banda to be wary of this contemptuous approach to these matters. Therefore, we resist the temptation of being drawn into discussing cases that are before our respectable Courts of law.
Additionally, we find Mr. Banda’s interpretation of the President’s valid observation on the investigations by the Anti Corruption Commission (ACC) unfair and not in line with the general practice and standard of democratic states. Mr. Banda should be reminded that it is a procedural and acceptable norm for the ACC or any investigative agency of Government to notify the President if any senior Government official is under probe. If the President is not informed about the alleged misconduct of his senior officers; how is he supposed to censure them as a supervising authority in the event that they are found wanting but not criminally culpable? This is a general governance practice no wonder we are at pains to grasp Mr. Banda’s argument.
Our Constitution clearly spells out the values and standards of our growing democracy and this administration remains determined and desirous to deepen the democratic system, rule of law, the culture of human rights and freedoms among other essential requirements of acceptable governance.
On matters of governance and the rule of law, this administration has demonstrated far-reaching magnanimity and fairness, which at times is viewed as a weakness by those who have publicly declared to make this country ungovernable. We therefore, urge Mr. Banda to deeply reflect on some of these issues before launching unwarranted attacks on the Executive.
Lastly, this administration through the Office of the Attorney General and Solicitor General has had a very close working relationship with LAZ on various matters of national interest and we would like the status quo to be maintained as we value their input on several matters of concern provided the criticism is genuine and meant to build.
No one is listening sir, they are call boys.
I am listening. LOL
I am listening
LAZ was right .. No need to consult the presodent on investigation as that does not criminalise them (Kabimba and Mwamba)
i dont think that its true that the president was not aware that his ministers were under investigations…that is just cheap politics. the president is always upto date with information. All security wings report to him.The only problem is that he takes alot of weed…you have the president the ganjaman…what do you expect?
Thnk you ba Chellah for the correct position on this matter. we are tired of being misled by Beleg, Gonclaves, Vodooo, Kalok and Jay – Jay who have no hope of ever being leaders. Ba Kabimba is just being victimised.
#2 there is no correct position that has been given here. Chellah has just indirectly admitted that there is no law that says ACC need to get permission to investigate a Minister. He used the word “notification” and not “approval.” The former and latter are not one and the same thing. I may agree with you that it would be good to notify H.E. but not that they should get his permission. In this case, LAZ is right in its interpretation of the law. For your own education, take time to read the ACC Act too so you in future you don’t get misled by anyone (Gov’t, lawyers, friends, etc.).
What correction did you find in that statement you muppet?
Rubbis.h, this is utter cra.p coming from you ka chellah ka chi colour. Obviously you are state house’s first and chief arse licker and you can vomit to the nation any trash that you are fed from plot 1. We dont expect anything reasonable from you. Hoc ACC perform their duties when there is interference from the executive. Nonse.nse.
How can ACC perform when there is interference from the executive?
and this is the best you can say?? shame on yo
Ulekwata umuchinshi wemwana wambwa iwe.wafyalikilwe pa cinyo nanku ku kaywa!
Mopao .. Well said :d
Ka George tekania,we know it’s just a job but you should not have come out to show your ignorance. In a modern world any Anti corruption authority whether appointed by the President should actually be independent so there shouldn’t be any need to tell the President if any of his Ministers are under probe infact the President should only be told once investigations are complete and evidence is gathered,that’s how things should be if you’re to be seen as being serious in fight against corruption,once your President receives a report then that’s when he can take administrative measures otherwise no one should be spared,everyone is equal and should be tried in court if there is enough evidence to prosecute.
Yes JIGGA :)
You gain dignity by seeing and telling the truth and not burying your head in the sand. Remember, there is a God in heaven.
I think Michael Sata will fail terribly because he wrong people with him.Its sad to see Satas head buried in the sand.
Without all due respect Mr Chellar, that is if there is any, the President said, “by Law the ACC needs to get his PERMISSION” to investigate his cabinet ministers. That is a very different issue when you start to suggest that “good practice” suggests that he is informed. Yes, indeed they should and I have no doubt that he was informed. This is a mere excuse and an attempt at discrediting LAZ. But think before you temper with the legal custodians.
Similarly on the issue of Deportations, how on earth would these issues be before the courts of Law when parties to it have been deported? LAZ can comment on deportations that have been executed but not matters that are before the courts, just as many did with the deportation of the Rwandan priest.
oh boy what is this journalist saying! what can ba Kaponya tell us.Enjoy yr 15minutes of fame because it shan’t last.We’ve seen governments come and go.Special assistants have come and gone.
It is over 15 minutes since you made that comment and they are still enjoying. Your candidate in your mind will never make it to plot1. Over my dead body
Mushota, can you advice some of these pipo. we have a new silly boy called Tom. He is lost and useless. George Chella is ok and Sata is a good dood leader.
@Blessings, You are actually a CURSE. How can worship and glorify these lunatics at state house when there is all this rubbi.sh there? Anyway, I dont blame you since your next meal will come from there.
Mapao, leave blessings and Mushota alone. You name sounds like mapato of a monkey.
Zambians would eat even in a diet toilet if that what it will take to keep their job. Mr. Sata told the Zambians and in particular the ACC director general that the law demanded that before a senior PF member is to be investigated authority should be sought from him. So why is this Chellah lying about. Don’t people have shame really?
#2 there is no correct position that has been given here. Chellah has just indirectly admitted that there is no law that says ACC need to get permission to investigate a Minister. He used the word “notification” and not “approval.” The former and latter are not one and the same thing. I may agree with you that it would be good to notify H.E. but not that they should get his permission. In this case, LAZ is right in its interpretation of the law. For your own education, take time to read the ACC Act too so you in future you don’t get misled by anyone (Gov’t, lawyers, friends, etc.).
Mr. Chellah, LAZ President talked of PERMISSION and not NOTIFY. There is nothing wrong to notify our President of investigations among ministers but there is no law which says the investigation wings to get PERMISSION from the President. can you advise our President to call for a Press conference. We need to talk to him and advise him on how to look after us zambians who voted for him. We are tired of you.
I have checked through the our ACC Act. There is no where, where they are required to notify the President. First, iwe Chella , its your boss who blew this issue out of proportion. He should have had a chat with DG of ACC and voiced his concerns. Instead, vide mass media he blasted our ACC, an institution which in fact is supposed to be close to his heart since he claims, with snake deception though, to be allergic to corruption. please don’t defend what cannot be defended using a written format crafted at Bwinjifumu Road. Muzi nkalako na nsoni imwe ala!
Challah us just yawning nothing of substance has been said here. That guy Sata said they should seek permission (ACC) not that they should notify him. Infanct they whole nonses of notifying means no idependece at all.
Sata is grossly shameless, he displayed HH’s accounts without any reasonable explanation with his baboon like face but now saying privacy of people should be respect. That kind of narrow mindedness is disgraceful and pathetic.
George Chellar why dont you quote the law kaili. Your boss said they shud get permission when investigating senior PARTY members, you are saying they shud only notify him. And you are talking about sebior government officials and not party officials. Who shud we listen to? You and your boss are talking about different things. And leave LAZ alone. Free advise Chellar and your boss, its too early for you to start differing amongst youselves (PF) and agaist opposition, NGOs and the Church. Your own boss declared in 2006 that he wud make Zambia ungovernable by running a parrallel govt bt Mwanawasa never arrested him. But for him if 4 people travel together in one vehicle and visit a chief ninshi ni unlawful assembly. George you boss is slowly creating a dictatorship if u cant see . . .
This chela is lying! He failed to show the notification to his boss. Nonsense!
Sakeni and Chella have both deliberately evaded to answer the assertion by UKWA which is all over the media that the law states that the ACC needs permission to investigate senior ministers like Kabimba and GBM. They have also failed to quote the law which Sata was refering to when he had a go at the ACC.No one is talking about the standard practice which is supposed to be followed because even the grade 5 at state house understands it.Nonetheless,they’ve also miserably failed to address which law they’ve used to build UKWA a K1.5 billion property when other ex President are in rented accomodation.What they keep saying is that RB has cost the nation billions in rentals.
Sata, Ministers, Chella and all PF sycophants, when you’re in a hole , you must stop digging. Stop quoting non existing law.
Stiopet kabuudo
As expected, attacking the messenger instead of listening to the advice or criticism.
Ka george waba i/to/le. You will regret the position you taking on national issues. people have come and gone. Everybody take note of all these people and make sure their passports are confiscated once the lose elections or get impeached.
Bamashina mwila tukana. Besa lishina lyamuchinshi sana. Just air your views without insulting. Peace
Chela naiwe, he said ACC must get permission and not inform the president. The issue hear is PERMISSION to investigate kabimba.
CHELLAH THANK YOU FOR THAT “POST EDITORIAL LANGUAGE”.
BUT THE ISSUE HERE IS YOU BOSS DIFFERENTIATING PERMISSION from INFORMING.
And Mr Chellah just had to say something…..
is chellah a zambian name?
*H* was erroneously included to spoil the real name
Either the author of the above statement is lives out in space and not Zambia is MAD. Conclusion!
You guys are just querreling over the word PERMISSION. Thats why you are lazy. Go and work and generate mulas for your wives and girl friends. If you want to know the truth go at state house and say ODI, i want to ask the president what he meant by PERMISSION. Then you will get an answer. Mwikalile fye ukulaka kwati tom and jerry.
Laz was correct in stating a very fundamental point bordering on constitution that mcs swore to uphold, that acc does not require permission to proceed with their investigations.chellah is being economical with the truth, this is what we call damage control but is being applied in a wrong way. let them just shut up we have had enough of this nonsense from what is supposed to be a honored office of plot one.
George please stop playing semantics, we are not *****s the president said ACC should seek permission as the law prescribes. Mr. Banda said there is no law that says ACC should get permission. Quote the law and we will shut up. Surely I have always thought you are an intelligent guy but if you can’t tell the difference between Inform and Permission then sorry.
These turbulent times will only revert to calmness when Kabimba, who is being protected by you Mr President, appears before the ACC to be questioned according to the legal percepts.
The president said they should seek permission from him to investigate senior people in the Party and it’s government,he never said to be informed when they are to carry investigation of senior officials. Don’t think we are mental lame like you.:-?
Trend carefully young man Gorge, you must be a fool. You fought Hamasaka, the person who made you who you are today. Careful so that you do not find yourself in problems after losing your job
Chellah you were better off just not responding, even a 2nd year law student would come up with a far much better response. This statement is an oxymoron and very vague…honestly what is this “… it is a procedural and acceptable norm for the ACC…” what is the legal reasoning behind that statement, acceptable to whom?
State House was renowned for hiring the best legal counsels in the land but what we are seeing being displayed here is frankly unpalatable and appalling.
Sata wake up and surround yourself with smart people or else this will be the acceptable norm.
Wake up!!!
Blessings #2 put your make up back on – you are scaring the kids in PF… muppet!
Its starting to make sense why Kabimba initially did not want a ministerial position but instead opted to head a commission of inquiry into the procurement and tendering of our fuel…surprisingly enough about the same time a company called Midland Energy was being registered.
rubbish
The President spoke about being informed and not permission sought from him…
Chella I pity you young man, anyway enjoy while it lasts because surely it will come to pass.
Icintu cintu umwene #37, playing text tennis now, are we? Any case if that becomes precedence he might just not be able to govern because of the many cases he is bound to be “informed” about…
Fossils are at Home in Natural History Museums. They don’t belong in State Houses. Take the Relic back to its Rightful Home!
Lekeni Sata ateke ! George has said it all.Ukwete amatwi onfwe.
“Additionally, we find Mr. Banda’s interpretation of the President’s valid observation on the investigations by the Anti Corruption Commission (ACC) unfair and not in line with the general practice and standard of democratic states.” general practice and standard of democratic states my foot. which ones. We stated here as an example that the CIA head was investigated and forced to resigned without US president being informed. So can those claiming the undemocratic step by Sata being standard give us the law which says so and examples of countries which do that. most likely it will be backward nations such as ours
Well well well. And in other news: Fred M’membe Responds to LAZ through State House.
Whoa! Now the post is responding through State House? The soap opera gets better, let me now pop some popcorn for this!
I have always supported pf but the truth is the president used de word ‘Permission’ period. State house would do better 2 admit .Mmd behaved de same way y can’t u b different? We’ve sided with u 4 too long . Why should u belittle youselves like this?
Pop corns, please!
What is your highest school grade level? . It’s Popcorn, you f*cking moron!
THEM BELLY FULL ,BUT WE HUNGRY,YOUR DAYS ARE NUMBEREB.
chella learn to quote the act that supports your aguement, than just saying the constitution which one banda as laz president quoted many acts you are violating. just admit when your are wrong and be ready to be corrected don’t think when your in government then you know everything.
These chaps are defending the indefensible. Sata is a perennial liar, he lied about having flown a jet before, 90days more money, allergy to corruption and he still lies that there is a law in the land he immigrated that says, ACC must seek permission to investigate his ministers. Maybe in TZ that law is well and alive.
are tongas still in pain or bitter?
George could have done better damage control to indirectly admit the initial statement was wrong by saying something like:
“Yes, H.E. referred to ACC having to obtain permission to investigate senior party officials. But what he actually meant was it would be better he is alerted to the impending investigation prior to the inform going to the press so that he is not caught unaware. The President remains fully committed to the fight against corruption at all levels of society and continues to value the efforts of the ACC in executing their duties diligently.”
Bravo
PF administration stinks pup. there are no real educated brains apart from Phd holders nominated MPs and those poached from MMD and made deputy ministers who are made to be juniors to scraps like GBM who have failed to pass a form V exams. there president is a grade 7. the statehouse spokesman has a simple diploma from ka stinking college. there is no reasoning in this administration they are all kaponyas. this administration is rotten to the core. un educated chaps will take us nowhere
to the blind PF supporters, remember that GBM & Kabimba forced ACC thru the media to investigate each other. The ACC did not open the dockets independently, Kabimba opened GBM’s docket & GBM did likewise.