THE POLITICS OF PRESIDENTIAL IMMUNITY LIFTING IN ZAMBIA
On Tuesday, July 16th, 2002, the Zambian Parliament did what then was hailed a victory for people power, lifting late President Chiluba`s immunity. On Friday, March 15th, 2013, just over ten years after the fact, President Michael Sata`s Patriotic Front (PF) have lifted former President Rupiah Banda`s immunity.
There are very good reasons why former presidents should be prosecuted. The best reason is when there is provable evidence that they egregiously abused their office or they were involved in high level corruption, especially political corruption. This should, majority of the times, be accompanied by evidence that such alleged abuse of power or high level corruption be linked directly to the obtaining poverty levels of the people on the ground. Lifting of presidential immunity, in the absence of economic benefit to the people, becomes both a political gimmick to lure the people away from the failures of the incumbency and a ruse for political blame game.
Has Zambia become a better country democratically and economically after lifting Late Presidents Chiluba’s Immunity?
The fundamental test of any immunity, in the case of Zambia for example, is whether from the first immunity lifting of late President Chiluba Zambia has become a better country democratically or economically. In democratic arrangements, immunity lifting must be undertaken against a clearly established evidentiary corpus, and not based on baseless allegations alone. Failure to deduce evidence pursuant to which a motion may be laid for immunity lifting, a ferocious precedent is set which would render the nation`s constitution a non-robust, political document or a weapon against which mild dictatorships may ingratiate themselves into full-blown demagogues.
[pullquote]If Zambia continues to be ruled by such mediocre leaders, the future of this great nation is in danger.[/pullquote]
Zambia is not the most corrupt nation in Africa, and despite that fact, Zambia is the only country to lift the immunity of two of its presidents in the 21st Century world of nations. The shame of it all is that this happens despite the guarantees of article 43 (3) of its constitution.
There is no denying for Zambia that the incumbents have lifted former presidents` immunities in bad faith. Any argument to the contrary must be weighed under the magnifying glass of reasonableness, as well as under the truth of the resultant experience. The lifting of the Chiluba immunity, for example, did not benefit the nation in anyway. On the other hand, it enriched commissioners and task-forces created to investigate and prosecute the alleged perpetrators. The Zambian people still remained disillusioned and poor. The argument oft-advanced by proponents of immunity-lifting is that it serves as a deterrence to would-be perpetrators. However, if that thesis was efficacious, today, Michael Sata would not be calling the shorts on his predecessor, Rupiah Banda. If immunity-lifting, indeed, serves as deterrence, and even as a just determinant of future administrations, in Zambia, it is a complete failure.
There are three reasons why the lifting of former President Banda`s immunity is inimical to Zambia`s future and current political nuance.
- It was unwarranted. Unless the PF is hiding details from the public, the immunity clause should only be removed for serious offence, usually repeated offences the president committed while in power. If allegations are only trivial, then no president in the world is safe, because by its nature, the presidency is a high risky office.There is hitherto no evidence to suggest that Banda indeed abused the instruments of national governance. If the PF argues that Banda`s campaign money were stolen moneys, then the PF should also be to blame. Under the mantra of Donchi Kubeba, the PF encouraged its supporters to accept the so-called kickbucks alleged handed out by the MMD. The morality of such behaviour anywhere does acquiescent the PF to be blamed. Moreover, even under the Chiluba immunity, Sata himself was shielded from blame even when for the balance of Chiluba`s rule Sata benefitted from all the alleged corruption proceeds; Michael Sata was MMD`s CEO and chief executive mastermind. And if the PF had a case, they would themselves follow solidly-led legal protocols in the lifting of the immunity. In this case, a motion tabled in parliament lasted barely a day to pass, and that against well-designed legislative conventions. This, in itself, is a bad precedent for Michael Sata – it opens doors for his own immunity being lifted and prosecuted for this omission in future!
- Such immunity lifting is a mark of cowardice on the part of the PF government. Since he came to power, Michael Sata has demonstrated in no uncertain terms that he is leading Zambia into autocracy. Within less than two years in power, he has isolated the opposition, bribed them with ministerial or semi-ministerial positions, and imprisoned two of the leading opposition leaders. While he is busy dealing a dearth blow to our young democracy, the economy is still lagging and instead of “more money” into their pockets, the people now have “no money” into their pockets. Zambia is not better than it was under Banda a year and few months ago.
[pullquote]The best we have built in Zambia may be getting destroyed before our own eyes[/pullquote]Such lifting of immunity is a ploy to dodge from being answerable to the people on economic or democratic dealings of the PF. It robs the nation of the needed opportunity to access the PF governance on merit. It defeats the social and political ethos of national solidarity and engenders a dangerous precedent to future regimes. - Since independence from Great Britain in 1964, Zambia has only been ruled by four presidents; Michael Sata is the fifth. There is need to emphasize that Kenneth Kaunda, Zambia`s first president built the nation`s structures. Second president, Frederick Chiluba, built the democratic foundation upon which Zambia thrives today. Third Republican President, Levy Mwanawasa, introduced to Zambia a multifaceted approach to tackling corruption. Rupiah Banda, fourth president of Zambia, consolidated Zambia`s economic gains. And the fifth president, Michael Sata, within the shortest period of his presidency, is erasing all the pluses Zambia has won across the years. The precedent he is setting is both injurious and inimical to his own legacy; what would preclude adjoining regimes from removing his own immunity and prosecuting him for all the undemocratic tendencies he has iced on the Zambian decaying cake!
I submit that Zambians must awake and demand that this government rule according to the rule of law, not to the rule of a man; Michael Sata. I further submit that immunity lifting on our two presidents has ceased to be “historic”; it has become “barbaric”. We are prying to the ferocity of political machination rather than to reason and facts on the ground. If Zambia continues to be ruled by such mediocre leaders, the future of this great nation is in danger. The democracy and peace we have thus enjoyed may be a thing of the past. We must guard against hero-worship of leaders like Michael Sata and speak out loudly with all the authority our constitution has accorded us. We should not bask in the shadows of the ruling machine; Zambia is the people who choose governments. If the people must desire, they can change the government in power at an earliest election. The best we have built in Zambia may be getting destroyed before our own eyes. Where is a new generation of Zambians who should stand up to those currently dragging our beloved nation into a nation of fear and intimidation? Where is a breed of Zambian leaders who will stand up for democracy, and win?
By Charles Mwewa
Author: King Cobra Has Struck: My Letter to President Michael C. Sata [2012]
Awe kwena bwafya bane.Yeah we no doubt spent more money trying to persecute Chiluba than what he stole but again thats how it is coz how do you explain jailing a person who stels a chicken for six months ? The Judge must be paid and the person consumes more state resources because he must be fed by the state in the six months.All our laws are just a joke bane.
@ charles mwewa…. you are a clear head up right bemba i have ever met. well written! you stand out from all other bembas.
Bemba are know to steal, destroy and kil, you are different…. there is evidence in recent history where those you two bemba helpers of David livingstone stole a first aid kit form him thinking it was full of sweets,,, poor David livingstone dead because he could not find his medicine,,, the `monkeys`had stolen it.
You must be a supporter of thieves. We will not sit idle as the persons we have entrusted our lives in steal from us. NO WAYS.
Fuseki,let your father wallow in poverty while utebo is laughing.iddioti
BA CHARLES MWEWA JUST WAIT. ARE YOU SAYING NOW THAT MISAPPROPRIATING OVER K21 IS TRIVIAL?
I ACTUALLY MEANT K21BN
And the lifting of FTJ’s immunity by LPM?
Surely do Zambians know exactly what they want?
Was it State money (tax payers) or campaign money from outside?
Please , they are all failures. There’s no democracy that Chiluba built. Neither did Kaunda build much given the health economy that he inherited. All these Presidents have been in it for themselves and their cronies. Lets not kid ourselves Zambia needs major surgery!
Sata cannot be compared to all of you the so called educated Zambians.
Abasambilila ta ba kwata mano. They are very dull. They are heartless, selfish crimminals who all deserve to extinct.
Mukuka, apa pena wabwelapofye. Who the hell told you it’s wrong to be educated? Just because you were hiding kunuma ya chulu when your friends were busy in class does warrant your primitive attack on education. Uli nkulungwe walyo mwaka umo iwe kateka.
So you are telling us that when a president steal from the public we just need to forget about it?You should be very dull, we need to prosecut such and insure that whoever takes over know that there is prosecution once one steal.
There is nothing like being jealous or what….if you steal you will answer in the courts of law.
You and who?
and me..and the next person to me…
what we are saying is that why should a thief prosecute a thief?
In nine months time one man is departing from earth, you will see how the super for will scamper i mean membe,kabimba,mutembo and mahtani though the ka burger has never know to be in zambia during election times
Let this immunity thing be done away with so that autoimatically when the president ceases to be president, his immunity ceases. If the PF can push for this, then we can believe that they mean well.
My thoughts exactly. Why give immunity and then remove it? The best is just not have it in the first place.
The Author of the above, is an *****, please keep your idionce to your wife and children.
Chizungu ba Matipa. Just use a language you are comfortable with. Reading your ruminations is hilarious!!
Those of you who happen to enjoy the spoils with PF should learn to shut up becouse your days are numbered for sure.
I DESPISE PF but on this one am behind Sata and group. The man was yawnig at the farm. They called him to assist ran the country and not to enrich himself. He thot it is was a maize field.
I DESPISE PF but on this one am behind Sata and group. The man was yawnig at the farm. They called him to assist ran the country and not to enrich himself. He thot it is was a maize field.
RB did not steal. He was a smart guy who got some money from other countries for campaign. There is no evidence that he used public money.
That’s the proof we need from him, then we can all smile!
You are correct. His campaigns were financed by the Chines and other investors who did not want to risk changing governments.
No he didn’t steal, you sent the money
RB and family have been business people all along.
Iwe James Banda used to sell Salaula and Beans is that Business?
lovey article..very true
Interesting. Zambia doesn’t ‘look’ like it’s had 5 decent legacies to destroy. Would the person who has never had electricity, a decent school, hospital or job to go to, see one lost kwacha as nothing to worry about. Sounds like we’ve had a chain of bad managers. Not to say they didn’t try but they delegated to others who are also worth a mention as not having impacted the poorest.
I have high hopes for the next generation who can find things to learn from the manner in which each government has made errors of judgment. Each person is entitled to a preference or to believe their guy is or was better but collectively their legacies are visible. As long as that poverty remains universal there is work to do none can claim to have completed.
Kulokulolesha chabe, tapapo ifyo wingalabila! Meanwhile food is in short supply (a result, prices have short up), powercuts have become the order of the day. Where are our priorities mwebantu? Please ensure you attend to people’s basic needs before you start fighting amongst yourselves as to who has stolen a lot!
mwebo ngatamukweto po ilyashi ,kuikala lukoso,BA RB tukofwaya babweshe indalama balikwiba.
Whats Ukwa does not realise is that when his immunity will be lifted, Mmember, Nchito and all the crones pulling strings behind him will not be there to defend him.
He will have to answer for past deeds
1. Money laundering ( US$ at OR Tambo)
2. Sale of Lusaka city council houses
3. Depositing government money in personal account (Ministry of Health)
4. genocide ( Chawama)
etc, etc
BATATA IMWE. ARE YOU SAYING THAT BECAUSE EVEN SATA IS PERCEIVED TO BE STEALING THEREFORE BANDA SHOULD BE LEFT TO ENJOY HIS STOLEN MONEY? WHAT ARE YOU TEACHING THE OTHERS.
“LET’S ALL STEAL FOR WE ARE ALL THIEVES AND NO ONE SHOULD CALL HIS FRIEND TO ACCOUNT” THEREFORE SATA PLEASE STEAL FOR YOU ALSO SHALL NOT BE CALLED TO ACCOUNT.
I am not saying that…. all am saying is that if Ukwa thinks this is a nice way of settling political score he must be prepared because when his turn comes, the people cheering him on Mmembe and co will not be there to defend him. I hope he know what he his doing
@The Engineer:
Why is it a bad thing to you if Mr. Sata sets standards that discomfite thieves, which standards he himself will be subjected to, should he misbehave? I believe that is a mark of an upright person. Only the morally bankrupt want to set standards which they themselves are not willing submit to. Focus on the NATION, don’t focus on individuals, whether they be president or not!
For your note: Engineers usually are deep thinkers, but you, sir, seem to be different, assuming you are a real engineer.
Oh, I see! When Mwanawasa went to parliament to remove Chilaba’s immunity, he just also ran out of ideas. Oh oh, so Mwanawasa was also clueless? I thought people have been saying Mwanawasa was the best. Takwaba kuwamya ku bantu? Everybody knows Chiluba stole and surely Mwanawasa should have just given it a blind eye? Eheee, ninshi ni “free for all to steal” mu GRZ?
Lifting of immunity is a serious matter and that is why Mwanawasa went to Parliament to lay out the accusations for Parliament to debate and later vote to remove the immunity iwe – did the Head of State go to Parliament to present the accusations in this case?
@Adviser:
Did the Head of State have to go? Is that what the law stipulates?
Dont just concentrate on campaign money.What about the oil saga?
This is not about running out ideas. It is about cleaning the mess left by the former leaders. How are we going to correct and wash our minds if we will be forgetting about such important issues. Bushe bonse mwebaleland were you eating with Banda. This should no taken for a joke. Sata wants to prove a point that he has not come to steal from the people but to work for them.
Honestly speaking even people like HH who are always against MCS, their intention of wanting political power is not necessarily to govern but to steal from the public coffers. I can never trust people like him, his, is of selfish interests.
By Sata doing this, he is setting precedence and also teaching all Zambians that wealth needs to be distributed evenly and just in the hands of a few. To be honest HH has…
This author is is a supporter of this thief period.The onus to provide evidence lies with the state prosecutors and RB to rebute them.Otherwise, looking at the size of our economy 2 million dollars is alot.These guys have enough evidence and they are prevy to the past experience and know for sure that he stole the oil money.Dont concetrate on the campaign money only.How did find itself in singapore?Why was Henry involved? These are some of the questions RB should answer.We understand that he has been in business before,but that was in the past.Was Henry a civil servant or a government agent?
Efinshifi nomba? You can dig out a million articles on what why when who and how, nothing will change when it comes to stealing, whether in power or not, with or without ideas on how to serve our country, someone will remain corrupt, a thief, even with the most brainy interlligent president, finance minister etc, things will never change, thats just how it is, plain and point blank, money will never be enough, not for the rich not for the poor, it is a curse. What do we do about it? keep bringing them for questioning even at the expense of the economy? yes if it can help abit, i dont think even if you elect the president of your choice, Zambia will be better, no way!
People, It is time for Zambia to become intolerant to corruption and theft. MMD set a good precedent when they removed late FTJ’s immunity. PF has followed that precedent and at the end of the day, every president to rule zambia will know that he/she will never get away with crime. People may not realise it now, but we are building for ourselves a wonderful culture of holding everyone , regardless of their position, accountable for their misdeeds. Very soon, zambia will be like Italy and the USA where Burlesconi- a former Prime Minister is facing the Law and a former Chicago Governor and President Obama’s friend is in the slammer for 14 years for bribery and corruption. A strong message has been sent right across the civil service. congratulations President MCS
Don’t be partial to the truth. If indeed MCS is trying to clean up the political landscape, why did he ask the ACC to consult him first before prosecuting his ministers? Isn’t this shielding some people who are his allies from the law? If the law in Zambia was indeed blind, everybody regardless of political affiliation, position or gender should be equal before the law. The question is, “Is this being applied equally or some individuals seem to be above the law?”
Even Sarkozy is in trouble over issues of corruption ,so there is nothing strange .
Zambia will never develop becoz we concentrate on useless things. Where was Sata getting his money to conduct his campaigns where RB coul d have failed to get?
And where is pf getting its money that is being flushed around during bye elections?
And as for the oil saga that is Henry’s baby to nurse not RB.
Why are you just talking about campaign money? Sata was not in government to use taxpayers’ money. So you are admitting that oil money was deposited in Singapore by Henry and it is ok? Be real people. Zambia is for all of us, educated, and those of us who are not educated. The fact is immunity has been removed. It started with Chiluba, correct me educated people. Did Chiluba not remove KK’s immunity before being declared stateless? So Sata has done nothing wrong. You are crying foul because you are thieves who were looting Zambia with full support from RB.
by surporting RB, MMD is refussing to repent . That middle finger f**k symbol from $ is directed at the electorate who disapproved MMD. Mind you , We voted you out becuase we knew you were abusing public funds.
I repeat, there is a very difficult and thoughtless tribal grouping which the rest cannot peacefully co-exist with whether they are in government or not.
The only solution to this problem is to split Zambia into federal states to allow the peace loving tribes take care of themselves in harmony.
Since independence tribalism, nepotism and corruption have been hot issues but since September 2011 they have hit dangerous levels. Development is dead and buried.
It will not take too long before Zambians begin to dislike this gentleman.
Waste of time. We have seen this before. Case will be dropped as soon as there is a new Prez. Waste of public funds and an excellent way to distruct the people from more important issues. Bottomline is the Presidents have too much power. So much to either improve the economy or send it down the drain. Take that power away and you will see less corruption. How can Presidents be involved in opening of malls. hotels etc. Yes ofcourse unless they have vested interest. You know something is wrong when investers go straight to a President to apply for prime property. Last I checked this should have been the job of the councils. I feel sorry for you if you are one of those people that will accept to be fooled all the time. Fool me but once.
Good comment
viva ba Charlie..they surely have nothing to offer that why..
Any campaign money gotten from a businessman is for sake of obtaining contracts or favours. After money was received RB and MMD would then influence Ministries to give out contracts in favor of those who gave them campaign money. Compaign monies are not given for nothing. It is given for something in return. That is why Americans disclose their source of campaign funds so that suppliers to government do not have an edge over those who do not give campaign funds. It is all about BRIBES.
What a stupid article!Why should RB be left alone ? Law breakers must be punished period.lt is disheartening to note what traitors of mother Zambia like this aurthor are writing
Zambia ,a country where crooks are worshipped .Mwewa how i wish i can meat you in person so that i agenge you in one on one debate.
In short all those opposing the removal of the immunity of the suspected thief no one is giving valid reasons.lt is sad to sea how some fellows can sink so low.
U ARE CRYING BECOZ MOST OF U ZAMBIANS ARE LAZY AND CROOKERED. IT IS A VERY GOOD PRECEDENCE SO SATA,HIS MINISTERS ,ANY POLITIANS AND THE REST OF THE CITIZEN DON’T STEAL. UNFORTUNATELY JUDGES AND PROSECUTORS WILL DISAPPOINT US. CRUCIFY THIEVES !
Very dull article indeed. Who has told you that Zambians will not prosecute Sata if he is stealing? Sata will be prosecuted if he is stealing in the manner of RB and Children. The other senseless sentiment of this article is that prosecuting political thieves has not yielded any economic gain to Zambia. How come you prosecute a person who has just shop lifted a tooth brush from shoprite? What economic gain does this bring to Zambia? If these poor people can be prosecuted and imprisoned, equally, ALL political thieves must be prosecuted and imprisoned. So there is nothing wrong in prosecuting RB and Children for stealing from Zambians. Chiluba was prosecuted , how special is RB and His children?
Peace and Prosperity to Mother Zambia.
A lot of bloggers here keeping saying that when time comes for Michael Sata once out of office, his immunity shall also be lifted. Just asking does a man like that surely show any signs of voluntary leaving office even after a clear electoral defeat? Just asking!
This is may be another Bagbo kind of exit!
The whole big out cry from Bandas sympathizers does not make any sense at all.
If Banda claims that he is clean let him defend himself at the court of law.
It is unwise to think whether the lifting will change life of many Zambians or not, but who said so. The same that Chilubas Immunity lifting never changed the Zambians lives but it was the same Banda who blocked the move and today you have people who shallow think in the same line. Who knows whether it could have changed or not.
Lifting of Bandas immunity is well intended as an example to the future Presidents and therefore as of now let us not even talk about Sata because his time will come and if he does like what Banda did the same law will visit him.
Lets shut up unless you are beneficiaries of the extended syndicate.
Paul -…
The above article can appeal only to the morally bankrupt and the feeble-minded. Totally useless!
There is nothing wrong in seeking accountability from national leaders by removing immunity from them to facilitate the accountabilty process. However, the law MUST be followed democratically and that is where PF govt has fallen short of. They have used UKAKASHI come what may, immunity must be removed- Failed to meet democratic norms, hence national outcry that was done out of bad faith. No Zambian is supporting corruption or theft of national resources but the due process of the law must be followed. SATA is on record that none of his ministers should be investigated by ACC without his permission. Sata has created two laws one for himself and his own people the other law for the rest of Zambians. This will haunt Sata and his PF govt as a fake narcissistic legacy.
The Author should perhaps look up the meaning of accountability!!! Accountability to the people that put one in office!! Just like MOH scandal, people seem to have gotten away with things now, we will revisit this episode & find out who was behind the machinations – the country had to pay back- TAX PAYERS MONEY – to the UN agencies & other donors – so just becoz time has passed doesn’t mean we have forgotten nor that the crime wasn’t committed!!!
So Mwewa, you are the one that seems to have run out of ideas!!!!
Mwewa, NO ONE ASKED THESE GUYS TO ABUSE THEIR OFFICES & STRIP OUR COFFERS!!! So the barbarism you seem to be talking about appears only to exist in your head!!!
There are just too many big words in the article. The writer seems to think that using complicating language will make his argument sound very educational or make himself look “qualified”. Unnecessary words could have been replaced by simple ones and still carry the intended message. Just a quick look:
“egregiously”
“ingratiate”
“full-blown demagogues”
“efficacious”
“so-called kickbucks”
“engenders”
“political machination”
“inimical”
“established evidentiary corpus”
Does it mean every time I’m reading this guy I should carry with me a dictionary? It isn’t so hard to simply say your mind out. but in the process of trying to be formal the writer has “efficaciously” proved another point. That he was more concerned about his personal image than the message.
It`s clear from some comments that Bembas don`t learn lessons, most of them are commenting blindly. Sata is taking Zed backwards in every way. Great, great article from a Bemba, very rare these days in Zed!!!!
@Man, well analysd I wz thinking de same. But it is gud 2 hv minds like Charles Mwewa`s 2 change pipo, dude!!!!