Sunday, June 16, 2024

DPP should ignore Sata’s directive on HH’s wealth, it’s a nullity in law – LAZ

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President Michael Sata
President Michael Sata

The Law Association of Zambia (LAZ) has advised the Director of Public Prosecution (DPP) Mutembo Nchito to ignore the recent Presidential directive to investigate the source of wealth of UPND leader Hakainde Hichilema saying it is a nullity in law.

In a statement released to Qfm news, LAZ president James Banda said the Constitution of the Republic of Zambia guarantees independence to the office of the DPP.

Mr. Banda said the powers of the DPP are vested in him personally and to the exclusion of all other Persons or Authority.

He said the DPP is not subject to the control or direction of any Institution or Individual.

Mr. Banda further said the Jurisdiction of the DPP is also clearly defined in the Constitution, namely; to Commence, Continue or Discontinue Criminal Proceeding before the Courts of law.

The LAZ president has therefore stated that it is not for any person or authority to make any directions relating to the manner that the DPP shall exercise his constitutional authority.

He noted that the Republican President has no power whatsoever to give any direction or order to the DPP.

Mr. Banda explained that the Head of State’s direct involvement with the office of the DPP ends and must end on appointing the person to fill the said position which appointment is of course subject to Parliamentary Ratification.

He has therefore urged all political leaders and especially the Executive not to do any act which undermines the office of the DPP.

Mr. Banda said LAZ wishes to indicate that the independence of the Institutions or Offices created to foster the Administration of Justice and the Rule of Law is the very foundation upon which Constitutional Democracy is built and that interfering with such Institutions or Offices undermines the fundamental virtues of Constitutionalism and Democratic Governance.

He added that the office of the DPP should reassert its independence by not paying heed to political directions adding that this assertion must be done both privately and publicly to avoid a misconception of compromise arising.

69 COMMENTS

  1. I will side with LAZ on this one.It wasnt a good suggestion bwana president.I bet you have more important things to worry about.Long live king cobra.

    • You don’t need a degree to know that Sata doing is busy sacrificing innocent blood for his stay in power. All you need to understand are the basic rules of statistics and probabilities and that will be enough to explain to you. No matter how much you want to be rational with things you would still come to the same conclusion if you apply the rules very well and chose to be fair in your analysis. In Probabilities, two events are related if they get to be repeated several times and follow a similar pattern in the manner they occur. Mathematical induction will also tell you that if the equation holds for n=1, for n=2, n=k, and n=k+1, then it is assumed to hold everywhere.

    • Even in numerical analysis, it is easy to extrapolate the current misfortunes to Sata’s illness and departure for medication only to resurface when several are either about to occur or are happening. This trend is not just a mere coincidence; it is a well calculated move that Sata has been applying ever since he ascended to power. Honestly, why is it that each time Sata goes missing, then you will hear of several death upon him resurfacing? This trend has been observed for some time now. My appeal to those that have genuinely not observed this, it that they could formulate a hypothesis with two variables, the first variable could be Sata’s medical condition and the time he goes missing and the second variable should be the occurrence of evil things such as death and accidents in the…

    • My appeal to those that have genuinely not observed this, it that they could formulate a hypothesis with two variables, the first variable could be Sata’s medical condition and the time he goes missing and the second variable should be the occurrence of evil things such as death and accidents in the country. You can make observation for some time and I am very sure that you will come to the same conclusion as mine and your hypothesis will be turned into a theory.
      Zambia is really at cross roads, we urgently and seriously need prayers otherwise at this rate there will be no people by the time this Satanist will be out of power

  2. LAZ should be investigated with “immediate effect”………….I believe in my police mind that there si no way a boy younger than me can acquire wealth more than me even after working in the best economies of this world as a Train-man…..

    • @ Cycle Mata,,u seem 2 be dull,,who told u dt u can aquire richness only when u are old….ur satan was buzy sweeping in the streets whilest the young man worked hard,,live hh alone..ataseeeeeeeeeee

    • @cycle mata…. you have a big problem my boy! Maybe HH stole, But your grand father Sata worked for 50years plus including kuyola matuvi abazungu, and he ends up with only 7 ng`o ng`ondela guns….

    • @mop, u objective and a wiseman…CHIBWI NO PLAN and Ndobo seem to have a debased mind, can read inbtwn lines…

    • @ Ndobo and Chibwi No Plan, am sorry to inform you that the joke flew right over your heads, develop a sense of humor.

    • Stupidity! You’re just the angel of the same satanist who doesn’t see sense where others see sense!

  3. I keep being told Africa is not poor just mismanaged; the question is if Zambia has as many natural resources as people claim why are you so poor?
    Why is it that even when I was in Zambia, children stopped what they were doing in awe by seeing a Whiteman?
    Why are contractors often foreign companies and not local companies, Where is there only one known University in Zambia (CBU is unknown here in the UK)
    Above all why Zambia is poor compared to Botswana, Malawi, Namibia, Congo, and Mozambique when it is claimed Zambia is a major producer of copper in the world?
    It is an equation that is unsolvable and is avoided by the poor inhabitants
    Thanks

    • @Mushota: We spent a long time helping liberation struggles during the KK reign and that task, nobble as it was, costed our poor state of affairs greatly. The advent of multi-partism, noble as it, has caused confusion yet in the way opposite politicians view each other as if they live in parallel universes, let alone corruption, misuse, misappropriation and misapplication of national financial and other resources, besides donor aid funds. We are still developing, we shall get there, but its still politics of hunger across the board. There are great strides being made and once 80% or so of our citizens start living above poverty level your concerns will have been dealt with. You are too harsh Mushota, give room for self praise, we know what can be done but we are yet in thickest of things.

    • Ka Mushota….PLS for once shut that Rotten Gob of yours!! always puking stuff from a highly ignorant mind of yours……Aaaaahhh!

    • I BEG TO DIFFER WITH ALL THOSE INSULTING MUSHOTA.THE TRUTH HURTS.MANY OF US ARE ECONOMIC REFUGEES OUT THERE AND IT IS SHAMEFUL WHEN THE NATIVES REMIND US OF THE HAPPENINGS IN ZAMBIA.THE COUNTRY HAS BEEN INDEPENDFENT FOR OVER 45 YEARS AND YET THERE IS NOTHING TO SHOW FOR.WHY BAD LEADERSHIP WITH POOR ECONOMIS POLICIES ARE TO BLAME.OUR LEADERS ARE NOT HELD ACCOUNTABLE FOR THEIR ACTIONS.

    • Take time to read the following books:

      1. Chapter 4 of “The White Man’s Burden” by William Easterly
      2. “The Bottom Billion” by Paul Collier.

      I am not sure about the source of your information but Malawi and Mozambique have a slightly lower GDP per capita than Zambia. For the Botswana, Namibia and DRC (I presume that is the Congo you refer to) these have one common mineral resource. i.e. Diamonds. But again, I should have asked what your definition of “poor” is and probably start from there. There are many ways in which your question can be answered depending on your definition of “poor.”

    • Be constictive Bwana. We all have lived and studied in the UK and other nations widewide. There are many universities pa ZED. Don’t insult CBU or any other university. Thats what we have here and we appreciate what we have! Why should you always compare our education with british and not the british against ours. How is it that when we study in those UK universities we even do better than the brits?

    • Be constructive Bwana. We all have lived and studied in the UK and other nations in the world. There are many universities pa ZED. Don’t insult CBU or any other university. Thats what we have here and we appreciate what we have! Why should you always compare our education with british and not the british against ours. How is it that when we study in those UK universities we even do better than the brits?

    • You are wrong when you say CBU is not known compared to UNZA because CBU is now rated highly in Africa compared to UNZA.Nonetheless you are right to question why Africa is poor yet it does have alot of raw material namely like you said copper in case of Zambia.I think the problem here lies in the production,manufacturing and retailing chain of things.Have you ever read about the saying,”any producers that cannot manufacture and retail will dance to the tune of the munufacturers and retailers.I will give you an example .Nigeria is one of world’s largest producers of oil which is one of the biggest creaters of worth in the world.Nigeria is not rich because most of it’s oil is shippped and refined outside Nigeria.This is partly because the intellectual property of refining is outside…

    • I am not sure where you got your figures from but I doubt very much if Malawi is better off than Zambia economically. The UK is no doubt more developed than all the countries in Africa but why is it that a lot of Brits leave their motherland to seek employment in African countries? The answer is simple, labour will seek employment where the rewards are higher. There are some people who left Zambia to seek employment in SA just as there are South Africans who have gone to Zambia to seek employment. If as the case is I am offered more money in SA than in Zambia then economic sense dictates that I will seek employment in SA. From your postings, I wonder where you did your first degrees from. Your analysis of issues is to say the least shallow.

    • people in Zambia staring at a white man! which part of Zambia did you go to? I doubt if children will do that even in Shang’ombo. May be your “white man” is too old compared to you and people wonder what you see in him or he is too ugly. I have seen so many whites in Zambia but have never seen children staring at them. Each time you post any thing about your “white man” I keep on asking my self, why should people stare at him like that.

    • @Umuswema – the first part of your discourse is correct but you are off the mark where Nigeria is concerned. Nigeria remain poor because of corruption. Period. With those revenue, Nigeria would have built petro-chemical plants to process the crude oil within Nigeria. But there are big forces at play that benefit from the existing marketing of crude oil. Countries like Saudi Arabia through Aramco have huge processing plants internally and also sell crude and Saudi and most middle eastern countries don’t own intellectual rights to the processing technology and yet the benefit of those countries resources is visible.

  4. Comedy of errors . wonders shall never end with this government. He just wants to divert peoples attention from his failed promises.just fulfill period!

    • @mwansa kabwe… why mushota?, can´t read what every one else is reading?? attack the subject of the matter not mushota as person. Are things alright in pants my boy?, sorry mushota has white nick, she does not like black malasha from zambia… am just passing you the infor if you donot mind

  5. Way to go LAZ,the head of state should concentrate on more important things.we will deal with mapatizya in 2016,now is the time to work.

  6. We all know that he acquired his wealth by doing dubious deals during the privatization of state assets.But we should give thumbs up to the guy for covering his tracks well(It was legal but immoral).It happens everywhere.It wasn`t hardwork on the part of HH but being smart if i can put it that way for lack of better words.There is truth in the presidents directive but there is no way that guy will be found wanting.

    • Good Masala. Many people have done that. We can mention names of several Zambians that have simply choosen to lead a quiet life and enjoy the spoils. There could be issues of morality but nothing illegal to find him wanting. There is also a class of those that have outrightly stolen and plundered the resources of the country. There is another group that benefited from drug trafficking, money laudering, gemstones illegal mining and trade, gun running for rebel movements during the Southern African liberation wars and civil wars long before laws were made strong enough to deter them.

  7. When the UPND said there is clearly something wrong in Sata’s head, his goons rose in arms claiming these were a lot of insults! Now, one honestly has to wonder whether it is only Sata who is afflicted by “masalamusi” in the head or it is the entire dwellers of the Northern Alliance janjaweed Iturian jungle!

  8. Well nice message but the DPP is also a compromised fellow who will gladly and blindly follow the president’s orders , lest he is fired and Zambian Airways charges re-instated. The whole system in its current state is compromised and rotten to the core

    All the best LAZ though, at least you have put it on record and in writing

    • Ba Bootlicker, upto now, you dont know that the DPP cannot be fired by the Presido. Yaba ignorance is expensive.

  9. The President is inadequate because of the lack of fundamental education required of his office. Is it Hakainde’s fault that he is educated and has used his knowledge to better his lot? This is jealous being practiced at the highest political level. Pure unbridled presidential jealous towards a citizen. This stupid old fool of a president knows no boundaries. We shall also investigate the source of his wealth. How did a mere standard 2 former Colonial Constable acquire so many houses? And why is he always declaring 7 guns when it is a known fact that this ***** is very wealthy? He chokes with jealous at the thought of Hakainde’s influence on various boards; he is green with envy that Hakainde’s beef feeds the nation, while his entire cabinet sweats on how to end maize meal and other…

  10. So far , Iam really happy and impressed with the Law Association of Zambia in the manner they have been guiding PF regime. My huts off to LAZ for a taking such a brave and bold decision in reminding both Micheal Sata and the DPP on the tenacity of Democracy and the rule of law. The Post News paper has been a very disappointing paper so far. At least Zambia daily, ZANIS and Times of Zambia are trying their best as compared to the Post Newspaper that has become the mouth piece of PF from sunrise to sunset. Bravo LAZ and keep it up!!!

  11. Dont mind ba CNP….Ma jealous yaka mufana ka HH everyday; M/meal prices have been hicked, still no drugs in the hospital,

    If I were Sata i would do the following;
    1.Reduce the number of ministers. (This will stop poaching of MP from opposition)
    2.Reduce your salary and those of ministers ; If you mean well for this nation.Remember HH is promising a full year salary less once voted into power!
    3.Be seen on camera working; not only swaering defectors, receiving credentials
    4. If you are sick, let the nation know to avoid speculation. look at how much sympathy the late Hugo received due to his openness.
    5.Remember both HH and NEVERS are your brothers, why not invite them for a chat at state house for a cup of tea. that way you will promote unity.the two men have a larger Following…

  12. There are many ways of acquiring Money, Riches and wealth. Even stealing is one of them, after all no one came into the world with anything. We just found or discovered anything we came across. If you steal you are just relocating what you found on earth. But mind what ownership entails. Stealing can be detrimental to yourself. Many times those who ever stole live with constant fear that one day discovery will be made. They will spend their lives looking over their shoulder in fear of being discovered of having stolen. The long arm of the law can visit when one least expects it. Whistle blowing about theft can be done by anyone, even by a family member. Its a wierd world, the good and the bad will ever co-exist.

  13. Mushota, you have your facts terribly wrong. Who told you Zambia is poorer than Malawi? Malawi doesnt even have forex and its currency had to be devalued 100% to save the country from total collapse. Mozambique is also certainly not better placed than Zambia please do your research and don’t make sweeping statements without facts. How can CBU be the only Zambian University know yet we have many students who have been accepted at high level universities like Oxford using a degree earned from university of Zambia.

  14. Do investers bring money or they come ti get money, obviously they come to get becouse i anderstand an investment is not a cheritable organisation, if we are poor why do those beggers come here, america borows so are many other why cant we. You must have been from the village to uk nowander u cant come back, who are whites even the world poowerfull country is ruled by a black head. What is uk, zam is rich our debts are less than some. By the way u dont even understand simple topics, if nothing inline with topic just SHUT UP!

    • Ba Candid, Mushota is probably laughing while you are getting agitated. Telling him/her to shut up probably inspires him/her to just post provocative stuff. So just take the comments as they come. Have a good day!

  15. “… independence of the Institutions or Offices created to foster the Administration of Justice and the Rule of Law is the very foundation upon which Constitutional Democracy is built and that interfering with such Institutions or Offices undermines the fundamental virtues of Constitutionalism and Democratic Governance.”

    Very important. Who is the presidents legal advisor to allow him to make such a directive at a public forum? This is seriously shameful!!!

    • I think this guy just bloats out whatever he likes whenever he does… Clearly a competent legal adviser would not allow the big man to make such blunders.

  16. Bravo LAZ… As a kid, I always wanted to become a lawyer, though I admired engineering greatly, well it so happened that I ended up going for engineering. It’s embarrassing to be an engineer in Zambia for one main reason: The body responsible for looking into issues to do with Engineering in our country is only there to collect membership subscriptions, but does nothing much about ensuring standardization and quality assurance of engineering works and what have you. Wish we could take a page from the Law Association of Zambia, where they stand up for the law and defend it regardless of who is trying to act contrary to what it says.

  17. THE WAY HH ACQUIRED RICHES IS SURELY SUSPICIOUS. BUT FOR THE PRESIDENT TO DIRRECT THE DPP, IT IS MORALLY NOT GOOD. IT CAN BE MISUNDERSTOOD. ANYONE WHO ACQUIRES WEALTH DUBIOUSLY SHOULD BE PROBED ANYWAY. BUT THE PRESIDENT SHOULD NOT BE INCITING THE DPP TO DO SO. ANYWAY THATS MY PRESIDENT. A VERY HARD WORKING MAN. VIVA SATA.

  18. As far as the big picture is concerned, things are quite rough. First, any Zambian can report suspected illegalities to the competent authorities of her or his government. The reporter or whistle blower does not need to obtain permission from any individual. It is up to professional government officers to start, continue or stop these cases. Therefore, HH is not above the law, neither is MCS. My advise to LAZ is, defend all innocent people, without fear or favor. And by that, I mean a call for review of how wealth was accumulated, where illegalities are reasonably suspected does not represent an absurdity. Or is LAZ saying wealthy businessmen are automatically and totally exempted or immune from accounting for their wealth in the country? That is the real question. Impunity is long gone.

    • Ba Kasonde, unless I misread the article I don’t think LAZ are saying HH or any other individual is above the low. What they are saying is that the DPP should be left to act independently without undue influence from anyone including the appointing authority. The problem with H.E. is that he believes you cannot be rich if you are not in formal employment. The truth is actually the opposite. Formal employment just gives one a base to start from. What one does with his/her earnings thereafter determines their destiny in life. If the little earnings are reinvested in productive activities then wealth is built. If they are invested in maininis then the rewards are probably zero except for matenda.

  19. I suspect that revelation of account and wealth details of HH (though questionable) are a sign that there ARE investigations going on and that the DPP may just be putting a case together. What might not be good for now is how the entire Head of State has aired the whole incident for all to see and hear. If or when something starts turning in HH’s direction, the idea that the President is behind it will be very hard to shake off…

  20. Sata has the ability to effect change, that we can all agree. However, one aspect he lacks, is that of the modern politician, the quality of statesmanship. The more HH is criticized for his wealth, the more admirers he captures.

  21. @Bupe,

    Indeed, you dont need a degree as anyone with some modicum of education will not rush into becoming so superstitious and attributing any unfortunate accident to sacrificing!!!! This is lowest level of intellectual capacity when you sink so low as to reason like clueles individuals!!!!!

  22. I feel the LAZ must be congratulated on this one, they have said in simple terms what the law says. They are not talking from without.

  23. SOMETIMES THIS GUY MAY HAVE SOME SECRETE DETAILS ABOUT HH. WATCH THIS SPACE. IT DEPENDS ON WHAT THE DPP MAY FIND AFTER ALL. MAYBE THERE ARE SOME SKELETONS. BECAUSE IF HH WANTS TO SHAME THE DEVIL, HE MUST JUST SAY: “GO ON AND PROBE ME IF YOU WANT. AND YOU WILL BRING SHAME ON YOURSELVES WHEN YOU FIND THAT I AM INOCENT…..” THEY SAY THE GUILT ARE AFRAID.

    • @Chisenga,
      This is not about ‘HH’s secrete details’ but about the illegality of putting pressure on the DPP. The LAZ statement is very clear.
      Secondly, HH himself has challenged Mr Sata several times to take him to court over these boring allegations. It’s a similar situation with RB who is being hounded all over the place by the PF administration. This is not governance.

  24. FORGET THE PROBING OF HH’S WEALTH. FOCUS ON THE REASON HE UNDER DECLARED HIS NET WORTH IN THE LAST GENERAL ELECTION. THE DPP MAY STILL HAVE BONE TO CHEW WITH HH AT SOME POINT. WATCH THE SPACE.

    AS YOU BLOGGERS READ; WHAT ARE SOME OF THE REASONS THAT WOULD CAUSE SOMEONE TO UNDER DECLARE THEIR PROPERTY?

  25. You cant be smart when you steal from the poor HH took what was not his to make himself rich at the expense of poor zambians who lost their jobs as they cried he was happy and boasting zambians you cant just forget about this then you have morals the president is there to defend the poor the law must be applied proper investigation must be done we cant just keep quet if we love our nation

  26. It’s suprising how this call boys called LAZ have speedly condemed the President for questioning the wealthy of some Tonga boy.
    What the President was saying is that HH need to be investigated, he further said he will ask the DPP if the issue can be investigated. I do not see any need for these call boys called Laz to condem such action.
    By the way the President is a Zambian citizen and the stealing which ocured during the privatization affects him too. HH should be investigated to bring the matter to closure. We want to know what blessing he received to have such loot.

    • I thought Sata was part and parcel of the Chiluba government who were for privatisation? Why didn’t Sata crow then? Levy Mwanawasa’s government tried it and didn’t succeed. This time around the man with seven guns and a Cressida wants to for a walk down that same tried path. I hope as the DPP contemplates investigating HH, he should also be open to investigate his own ill gotten wealth.

  27. The President has said and it must be done. To LAZ I say, the DPP is there protect serve the interest of all Zambians. In Luanshya we are happy that this matter will finally be investigated so that those who took us for granted and stole from us leaving us to survive on maluberry and mushrooms pay for their crimes.

  28. Your Exellency, your instructions on camera, that so and so be investigated and prosecuted, leave much to be desired. I hop your advisers too access our comments on The Lusaka times so they can advise u better. Mr. Chilufya, you are head of this Country and Government. I advise you to dessist from issuing instructions for investigations and prosecutions on camera. Remember, the whole world is watching and are wondering what kind of a leader Zambians have put in statehouse. If u r very very sure of your evidence, then be smart and simply issue secret instructions and the wings that be, will swing into action and execute their purpose. Finally, if their results please the masses, then accollades are yours up into history.

  29. ICHISUNGU CHILA PITA. SATA did not say DPP should prosecute HH over his acquired wealth, but assess if he can be prosecuted on how he acquired it. .

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