Former President Rupiah Banda
Former President Rupiah Banda

Former President Rupiah Banda’s Lawyers have this afternoon filed a case with the Lusaka High Court preventing the parliament from discussion the lifting of their client’s immunity.

In a press release made to the media today , the lawyers argued that attempting to remove former President Banda’s immunity in the absence of any evidence, case, let alone any specific allegations of any wrongdoing, the PF government is attempting to subvert rule of law.

“Under normal constitutional precedent, the issue should now be tabled and not discussed tomorrow. Whether or not the Patriotic Front continues this unlawful process tomorrow or awaits the court order will speak volumes about their commitment to rule of law,” said the statement.

The lawyers argued that the PF government is trying to start with the conviction verdict and then work backwards to gather evidence.

“One cannot simply begin with the verdict and go backwards toward the case, evidence, and accusation, you have to do it the other way around,” read the statement

“Former President Banda’s legal team intends to aggressively pursue all legal avenues to halt these false allegations and expose the unlawful conduct of the PF before the international community,” concluded the statement.

There has been media reports that the ruling Patriotic Front (PF) party will be tabling a motion before parliament tomorrow requesting the removal of immunity of former President Rupiah Banda.

The long anticipated motion to remove former President Rupiah Banda’s immunity from prosecution will be moved by Justice Minister Wynter Kabimba.

The motion will state; “That interms of Article 43 (3) of the Constitution of Zambia, this House do resolve that Mr Rupiah Banda be amenable to criminal jurisdiction of any Court, in respect of any act committed by him”.

Once stripped off his immunity, Mr Banda would be answerable to investigative wings he recently snubbed when he was summoned by the Anti Corruption Commission (ACC) to appear for questioning over alleged corrupt activities during his three year term in office.

After Parliament adjourned sessions today, MMD Members of Parliament led by party vice president for administration, Brian  Chituwo told the press that his members were ready to debate the matter.

Dr Chituwo was not specific on the route that his party would take during debates but only stated that the matter was of grave importance and should not be trivialised.

“We are ready to debate this issue in Parliament tomorrow and make our position,” Dr Chituwo said.

He said the motion had nothing to do with Mr Banda but the office he held, “what value do we have for this office. More should have been done before bringing it to the House”.

Dr Chituwo was flanked by MMD chief whip, Geoffrey Lungwangwa, party national secretary, Kapembwa Simbao, and national chairperson, Kabinga Pande.

Below is the current composition of Parliament and 105 votes or two-thirds is required to secure the lifting of the Former president’s immunity.

66  MPs Patriotic Front (PF)
49  MPs Movement for Multi-party Democracy (MMD)
29  MPs United Party for National Development (UPND)
2  MPs INDEPENDENT (IND.)
1  MP Forum for Democracy and Development (FDD)
1  MP Alliance for Democracy and Development (ADD)
8 MPs Nominated

TOTAL: 157 MPs

[Read 27 times, 1 reads today]
Loading...

79 COMMENTS

  1. Parliament was set up to protect the people of Zambia from any that may or may have infringed upon our basic human needs and rights. Simple law, RB has to answer our courts. His head is on swore after Jimmy Carter, one of the US’ worst presidents invited him to oversee elections in Kenya. The irony of an African being asked to oversee an election in an African country by a national not of Africa is hilarious hahahahahahahahahaha.

    0

    0
    • Let ba mukukulu, ba mutasha kali kwisaya be answerable for their rape and loot of our resources.

      No matter how much delaying tactics you employ, the law will catch up with you.

      RB you hour of reckoning has come

      show bravery and be strong, the same way you did when looting our resources.

      0

      0
    • When he was stealing who took an injunction?He was like a monkey in a maize field.He was untouchable.That is a joke.

      0

      0
    • I find it very shallow that you have already judged the former president. this is probably the reason why they have taken steps to prevent the liftng of his immunity. We all know that from the way things have been going since PF took power it is more than likely that any case against the former president will be predetermined to suit the needs of the current sitting government. I think there was neeed to speed up the process of the constitutional changes before trying to uplift the presidents immunity so that should he be found guilty he will have no reason whatsoever to claim that there was unfairness should the constitution change

      0

      0
    • Lynch mob mentality with predetermined outcomes and an easily bought or influenced system of jurisprudence.The principle of “innocent till proven guilty” does not apply in zed due to lynch mob mentality and a very vengeful president.

      0

      0
  2. Please, go ahead and may be your protestations can lead to Sata’s trial in the future. I want to try this guy in court and I will regret to offer my experience in trying high profile complex criminal matters for free.

    0

    0
  3. ZAMBIA WATCH DOG EXCLUSIVE
    http://www.zambianwatchdog.com/?s=jimbo&x=13&y=8
    President Banda’s thieving son and corrupt drunkards who run Zambia’ State House
    May 27, 2011 | Filed under: Exclusives | Posted by: admin

    This was once a headline on ZambiaWatchDog. Now they have forgotten that they started the ball rolling before Sata became President

    0

    0
    • Good reference point. Those of us without bias like to see how ‘maleable’ public opinion can be depending on all sorts of things – good and bad but mostly a conscience indicator…

      0

      0
    • Hahahaha probably they spoke too soon….MMD MPs are ready to debate so what are these lawyers trying to prove..? let the courts clear your client.

      0

      0
    • Perhaps it is chess. Fake to the left. That way when one decision is overturned one still has numbers in parliament (with PR machines) to proclaim victory. Maybe it’s dust kicking or ‘playing chicken’ in this endless saga. What is distasteful is this unfortunately appeals to the gladiatorial nature and is really just stage managed reality tv as all our so called leaders play to the camera at the expense of our nation. From the minute it was proven in court that a Zed president is capable of ‘mishandling’ money we as a nation deserved to have all leaders fall over themselves to regain trust with measures in place instead they all fall over themselves to be ‘lurved’ by spotlight each claiming sole ownership of integrity. They are all innocent til proven guilty in courts but ALL…

      0

      0
  4. Well mr Rupiah THIEF Banda, your time has come. Everything will come to light.desparete people do desparete things. Your court application will not work. Using the words of H.E Levi Mwanawasa,: RB, the law shall visit you

    0

    0
  5. It is annoying, costly and tedious, let alone time consuming to try a marathon criminal matter in which case as a legal expert and a qualified chief prosecutor, you have to attend to other matters in unrelated disciplines. In these modern phases of development one has to be a person with multiple qualifications from internationally recognised universities or prestigious research institutes in order to stand on shoulders of others.
    I will tear Sata into pieces in the witness box during robust cross-examination and his defense team will not be able raise any arguments in response to my closing arguments which will seal their defense coffin.

    0

    0
    • Gibberish; how can you develop a country if the head of state is misappropriating tax payers money? This will deter future crooked heads of states from dipping their hands in state coffers ahead of the common citizen.

      0

      0
    • I remember our president gave the Catholic a council guest house in Chilonga. Now, what procedures did he follow? I ask this because I have seen in our papers people being detained for not following laid down procedures. Can somebody help…

      0

      0
    • Boom whatever what sort of a lawyer are you..? how can you defend the person who misused tax payer’s money..? well if is innocent let him face the law and he will be judged accordingly…absence of evidence is not evidence of absence.

      0

      0
  6. HE RB SHOULD USE THIS OPPORTUNITY TO PROVE TO US ZAMBIANS THAT HE IS CLEAN. THEN,HE WILL OPEN HIS MOUTH WIDE AND WE WILL LISTEN.
    THIS WILL ALSO CAUSE THE CURRENT GOVT TO BE CAUTIOUS AS THEY WILL KNOW THEY ARE NEXT SHOULD THEIR WAYS BE FILTHY DURING THERE TENURE.

    GO FOR IT RB-IT WILL SOON BE PAST.

    0

    0
    • Its not about being guilt or not, its about bruising somebody. And one thing we dont even know is what the law say about getting back the immunity. The law is quiet on that. Whether innocent the damage wll have destroyed the man.

      0

      0
  7. Kwaliba! what are they afraid of if there is no case to answer, just stand like a real man and face them, if you and that lawyer of yours” i cant even mention his name i get sick to my stomach”! have nothing to hide, show the world just that!
    This kind of behaviour shows that you are guilty even before pronounced so, why galavanting everywhere like a vagabond? come back home and settle the score, if you are clean, it will show.

    0

    0
    • It makes legal sense that the PF must have the evidence before embarking on the this sort of action.They have in their mind found him juilty and are running a riot in their mind thereby defeating the whole basis of natural justice.We have seen a similar thing happen in Livingstone were they accusesd wrong people when in actual fact the evidence points at them.With all intents and purposes they (PF)have pulled the plug off on the independence of the justice and replaced it with political justice through their continued interferance with.

      0

      0
  8. This desperation and panic is scary and exposing RB as well. And why does he got an atitude of untouchable when FTJ went through the same? kansi ndiye mambala olo enzeushzya ayake umambala uyu munthu eti

    0

    0
    • Walasa mune. Why these desparation of stopping the due course of law at every stage. Where is Glasgow,oh sorry Amsterdam? Yaipa nkani

      0

      0
  9. These PF Bembas have been in power for 2 years now. Have they secured any conviction of anybody they accused of wrong doing? Answer is a resounding NO. In fact they have not even put up a simple decent case about anyone, except Liato and a few that have already defected to PF

    They are certainly losing the case on Siliya and Mutateka and Sata is busy trying to find new cases for Siliya.

    What make them sure they they will easily secure conviction of a head of state.

    KAYA, welcome to another era of wasting the citizens time and enriching lawyers to the point where they will Buy another Airline that they will run into the ground

    Deja vu all over again. When can we move forward as a country?

    0

    0
  10. Who’s this Jack*ss trying to fool? Clearly the National Assembly has the constitutional right to strip his immunity (see last two lines). Nice try.

    “43.(3) A person who has held, but no longer holds, the office of President shall not be charged with a criminal offence or be amenable to the criminal jurisdiction of any court, in respect of any act done or omitted to be done by him in his personal capacity while he held office of President, unless the National Assembly has, by resolution, determined that such proceedings would not be contrary to the interests of the State.”

    0

    0
  11. Sounds a little desperate and suspect for me. If Zambian politicians knew how to lobby, RB’s immunity would be out without him expecting it….

    0

    0
  12. So they got an injunction based on media reports? Or are we not being told the whole story? Just asking

    0

    0
  13. Ok so manje it will be another K2 billion annual legal fees to some law firm for the next 5 years or so. Swandwapo legal eagles

    0

    0
  14. What’s the fear of removing the immunity if u sir Mr RB were clean in your dealing? You remember u having said in the post news and I quote, “ofisa chinji mambala” meaning what is this crook hiding. May I paraphrase the same statement to you, “Muopa chiani baba Banda kuti acose CHITETEZO ngati simuna gwilepo? English version, “what are you Mr Banda fearing to remove your immunity, if you did not pilfer?”.

    0

    0
  15. I like what the late President Mwanawasa said,” with or without injunction he would go ahead ….” .Why do you want to silence peoples voice we elect members of parliament to represent us and make laws.HE RB should respect our parliament and you lawyers wait till your client is taken to court.You are setting a very dangerous precedence imagine if all Zambians get injunction so that no one would n
    be arrested ala yazanda

    0

    0
  16. it is good that his lawyers have presented his worries and asked the court to place the injunction and rightly granted. the state must follow the law if they a case with evidence to parliament and we the public will continue watching

    0

    0
  17. Let Rb be tried but before that we want to know what exactly he did wrong.Is it buying a few bicycles?buying chitenges? If so please PF stop taking the people of Zambia for a ride.We are tired of your geriatric politics.Young people deserve better.Instead of debating developmental issues they want the witch hunt.

    0

    0
  18. Uzavina Pelete . You thought you were clever. How did you build mpundu flats just 2 years in state house iwe mambala.

    0

    0
  19. Uyopa nji mambala, submit yourself to people’s courts and prove you’re not sakalanyongo!

    0

    0
  20. The bottom line is, there is no Zambian president past or present who can claim to be clean, apart from may be, may be, only may be the late Mwanawasa. The fact is they have all plundered the country’s wealth with impunity using their unlimited and out of control powers.

    0

    0
    • levy was fired by kk for his dealings with senegalese emarald dealers in the 80s l guess you were not born yet

      0

      0
  21. I salute you His Excellency, you are a true Statesman. Unlike Mr. H H, Nevers I salute you His Excellency, you are a true Statesman. Unlike Mr. H H, Nevers Mumba and other opposition members who are rushing to C/Wealth before they even taste the local courts. Despite your constitutional right of immunity being threatened, you have chosen to use institutions in the country which are vested with the task. This is not only maturity but also humility, unlike those who are rushing to C/Wealth pretending to be known internationally but have no one to speak for them and will rot in jails in case they are convicted. You are acting as a true politician and responsible citizen because Zambian problems are for Zambians and can only be resolved by Zambians and Zambians themselves can do that.

    0

    0
  22. However, I hoe that this is not a ploy to hoodwink the C/Wealth and the world at large.

    0

    0
    • Sorry, I meant “However, I HOPE that this is not a ploy to hoodwink the C/Wealth and the world at large but not HOE”.

      0

      0
  23. Why is Mr R. Bwezani Banda afraid to be lifted up his immunity, this leaves alot of questions. I thought he was clean, now he raises more questions than answers. If i know am clean why then should i be worried about being investigated? The truth shall set us free….Dont be afraid take courage and if you are clean you have done yourself justice from the public’s speculations and suspisions, a proof both for your mental health as well as that of the public.

    0

    0
  24. All the arguments here are a waste of time to begin with due to the fact that it will be cose to impossible for them to secure two thirds. Also we have not been given solid reasons for the need to lift banda’s immunity. I do not think that crimes committed by a man who served the nation need to be kept secret. yes we know they cant state all the particulars but atleast we can be given a summary of the allegations against him.

    0

    0
    • I think you are very dull. Please learn to understand simple civics. This is my opinion and i could be wrong about your general intelligence but on this issue you are as i have stated earlier.

      0

      0
    • Kalubi, read the constitution. Are you saying any action of Parliament is beyond High Court? It is not legislative function they are playing here, it is one of those functions outside the legislative function. Even so, even a legislative process can be stopped by a vigilant/active judiciary. So according to you, where an MP is properly or improperly ‘fired’ by the Speaker, the MP has no recourse to the Courts?

      0

      0
  25. WHY IS RB SCARED IF HE IS INNOCENT?RB KNOWS THAT HE PLUNDERED ZAMBIAN RESOURCES SHAMELESSLY!HE EVEN SPEEDLY REMOVED THE ABUSE OF OFFICE FROM OFFENCES!THOSE WHO ARE SUPPORTING HIM ARE NOT PATRIOTIC ZAMBIANS.IWE BOOM AND WAHATEVER YOU SOUND VERY UNREASONABLE AND UNEDUCATED!I THINK YOU ARE STUDYING JANGLE LWA IF YOU ARE A STUDENT!,OTHERWISE YOU HAVE NO ETHICS!!

    0

    0
  26. WE HAVE TO STOP THE NONSENSE. WHY IS RB AFRAID OF BEING TRIED? THE GUILT ARE AFRAID. THIS IS A LEADER WHO PRESIDED OVER A GOVERNMENT WHOSE TANDEM OF FOLLOWERS WERE BURRYING BILLIONS OF MONEY IN THE GROUND. IS IT TOO MUCH TO ASK YOU TO ACCOUNT FOR THE WRONGS YOU DID? THE ACC CALLED THIS MAN TO HELP WITH INVESTIGATIONS HE REFUSED AND CHALLENGED THE GOVERNMENT AND DECIDED TO ENGANGE AN INTERNATIONAL PARASITE CALLED ARMSTERDAM. YOU LEAVE THE PEOPLE WHO WANT TO KNOW THE TRUTH WITH THEIR HANDS TIED. WHY RUSH TO THE HIGH COURT IF YOU ARE INNOCENT?

    LET THIS MAN BE WISE. HE COULD SECRETLY GO TO SATA AND THEY TALK IT OVER AND SORT OUT ISSUES ADMINSTRATIVELY. PF HAS NOTHING TO LOSE OR GAIN BY CHASING THIS OLD THIEF. LET GOD TO SORT HIM OUT. PF SHOULD CONCENTRATE NATIONAL BUILDING.

    0

    0
    • this is not a village. this is a country with legal and political procedures.

      0

      0
  27. RB is innocent,he’s an angel and could not have done the awful things his evil detractors accuse him of.Why have foreign authorities refused to extradite his son? Its all bcoz they notice everything is rooted on political witch hunt and no substance whatsoever.

    0

    0
  28. If really Mr Banda has a free mind, he would n’t have got it wrong in the manner he has carried out himself and by getting wrong legal advice. 1: Using a foreign lawyer paid by hour in thousand dollars, this makes Mr Banda more exposed to the allegations of corruptions. 2: Foreign lawyer insulting the Zambian people who invested their trust by voting mr Mr Banda to hold the highest office of the land. 3: Organising press conference in another country to paint the govt and the people that voted as senseless. 4: Using now the court to overide the independence of the parliament is beyond and tantamount to breaking the supreme law of the land. The parliament will decide and the court will hear and decide whether Mr banda has a case to answer based on the findings of ACC. 3YRS WEALTH MORE…

    0

    0
  29. All you pf crooks. you have taken pipo for granted. why do you take pipo to court without cases & end up with non prosequ. What has RB stolen or you just want to embarrass him like Nervous, Garry, HH.
    Why have such hatred for fellow human beings.
    Mind u RB had access to money frm well wishers & i dont think he stole even a single ngwee.

    0

    0
    • Sure we believe you. Now since you have judged that he is innocent and that PF is full of crooks, step aside so that the courts concur with your judgment. Also so that the PF look like fools when RB is found not guilty.

      0

      0
  30. Had he not refused and ignored the request to question him maybe Government and Zambians would have not been talking about removing his immunity. Unfortunately he was pompous and ignored ACC to question him about their investigations, so let him be anwerable now and PF go ahead remove his immunity, integrity is needed in Zambian politics.

    0

    0
  31. It is common knowledge in Zambia that R .B is a thief. One clear evidence for those who are partners in crime R.B is the fleeing of his son who stole and committed crimes under the nose of his father. The son only did what he saw the father doing. History will also help us that R.B isa thief.. He was fired at Namboard for stealing. Most of you bloggers were probably not born

    0

    0
  32. RB has got things to protect hence the desperation driving him to these lengths. From the look of the issues being discussed and the way RB is approaching his immunity issue, we will now conclude that there is something the big man does not want us to know. In as far as we are concerned, he did wrong things while in power and may have misappropriated some fund, but he needs to humble himself and not rush to block anything. I hope this will not always be the case with former presidents. There is no smoke without fire!

    0

    0
  33. The latest update on this case is that among the grounds of the injunction are that no charges have so far been presented to Mr. Banda to warranty the parliamentary motion.

    0

    0
  34. In order to shame the PF, let Rupiah just say ok take away my immunity and see if you will find anything suspicious.

    0

    0
  35. Even that man who want to bring an adultery case against RB can now breath a sigh of relief as things look good.

    0

    0
  36. But at what point should the charges be laid? I remember when Levy Mwanawasa went to parliament. He read out the points and areas of impropriety on the part of his predecessor, Frederick Chiluba. Chiluba was not furnished with any charges before that. Am I right? So, this ducking, jumping and side stepping any opportunities to clear his name won’t help matters at all. As it were, people have said the ruling in that injunction will simply be the courts (judiciary) can not interfere in the business of another indepedent arm of govt (parliament). Or is the media being stopped from discussing…

    0

    0
  37. Could His Exallence RB tell the Nation how he has acquired the wealth and how weath He was before he became the President of Zambia? Shame to the lawyers and the opposition leaders who offer protection to leaders. The spirit of abuse need to be broken otherwise it will continue working on presidents. There is no reason why RB should be worried about removal of immunity if He is clean. Nobody can put a figure on KK. KK was not greed.

    0

    0
  38. But, the Judiciary can not stop Parliament from carrying out its work, rightly or wringly. However, the Judiciary can annul any unconstitutional decision of Parliament. It is therefore only prudent for the former President’s lawyers to hold their fire and await the outcome of the decision of Parliament before petitioning the Courts.

    0

    0
  39. These are kicks of a smelly thief called BANDA. Banda also stole a mine from a poor Lamba in Kitwe rural, I know the mine which Banda converted into his name, the poor Lamba has since passed on, but his family members can now fight and get back their mine.

    0

    0
  40. If you are CLEAN as you claim to be, why are you afraid??? GO AHEAD AND PROVE TO THE WHOLE COUNTRY THAT YOU ARE MR. CLEAN AND SPIT ON PF’S WITCH HUNTING.
    You were invited to state your case by the Investigative wings, you refused to go stating that you had immunity, NOW THERE IS A MOVE TO REMOVE THE IMMUNITY AND YOU ARE STILL PROTESTING! WHICH WAY MR. BANDA! ZAMBIANS ARE WATCHING AND NOT ALL OF US ARE BLIND FOLLOWERS.
    Our esteemed MPs, please do what you were elected to do. Zambia first then Political Party!
    God bless our beloved Country!

    0

    0
  41. What goes around comes around. who doesnt know that RB squandered our resources. Let him be tried .Am glad 92% said yes . this precedent will be for all presidents , mps and ministers Now and in future. accountability is very important.

    LASTLY VIVA TO LUBINDA HE IS A MAN. NOT MA DEBATE MR SPEAKER BLABLABLA. VERY INTELLGENT.

    0

    0

Comments are closed.