Former republican president Rupiah Banda has pleaded not guilty to charges of abuse of office of authority in an oil deal involving a Nigerian company.
Mr. Banda who appeared this morning before Chief Magistrate Joshua Banda was flanked by wife Thandiwe some former cabinet Ministers and opposition leaders among others.
Mr. Banda was yesterday charged with abuse of authority of office contrary to section 99 of the penal code sub 87 of the laws of Zambia.
The former head of state was yesterday arrested by the government joint investigations team and released after providing two working sureties and paying Kr 500, 000 in his own recognizance.
Trial in the matter commences on 3rd April, 2013
limba mudala…chiluba anafa so che
If what happened in the passed occurs again, then one will depart before the other!
The trouble is, this is a precedence where really unless we are talking about Mandela, no African president has left with any credibility at all.
Who?
At one time all our presidents have been persicuted condemned and undrmined
I am sickened to be a Zambian at times, I am told I may be from Angola, cant see anything wrong with that, unlike people who are upset to be termed not really Zambian
Wy is it god to be indigenous Zambian? unless you are aspiring to be a president it means nothing really
Thanks
The only way you could have saved a face and stop wasting our time, was to plead guilt and ask for forgiveness. Other wise the way I see things dear you will be locked up for a very long time.
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jack jones chingwere! Iwe Banoko tabakwata? Dont become personal.
Ba Jack jones ukutumpa. You must have been brought up by satan
Mwela onse bakamba ! Good for him.
Amazing that KK could not go and give support to RB.
MMMMMM…… WHAT A COMEDY, THIS CASE IS GOING NO WHERE, JUST WAIT AND SEE. LOOK GUYS FOLLOWING OTHER PEOPLE CAN NOT DEVELOP ZAMBIA,
Fighting corruption can develop Zambia.
Rather than see RB in Jail. I want to see my constitution!! Rather than see RB in jail I want to see the great north road improved to it name. Rather than see RB incarcerated I want to see those who overwhelming energy of real corruption against them and that currently holding office, fired first. Rather than look at RB being humiliated I would like to see the Kwacha taken back to the level which he left it at, because at the rate we are going it will touch K6 by the end of the year. Put RB on the back burner and emulate other progressive nation in Africa from east to west, and strive to surpass them. But rather than have this, y’all would rather persecute a man who tried to see you get there. Shame,shame,shame
When a rich man is accused of stealing public funds it means he is being persecuted and when a poor man is accused of the same case almost every one will shout “chimangeni”. All the good things that you have mentioned such as having a good constitution, maintenance of our highway roads, having a stable and strong kwacha against other major currencies; can still be done while fighting corruption in the the public sector. By the way, a substantial amounts of money which could be channeled to need sectors is lost through corrupt activities in the public sector.
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BA 50 CENT, MWELATUKANA ISELE , what is ka kr 500,000. how much did chiluba still, because we are talking about companies he sold,can you compare to ka samall change, because the re basing of kwacha how much do you think the pf under sata stole and were do you think the old carency is going they are chaging it with dollar $ and how much do you think it is ,wake up and smile the coffee you fool,
looks like things are moving really fast, well who knows maybe someone forged his signature…and also probably someone opened an account in singapore pretending to him…
Are a grade 7 or grade 3 failure?
Yeah!! Indeed things are moving fast for the man without a bladder.its sad he will have to leave us this early when we are all expecting more money in our pockets
@Big L. so this “forger” just had a dream that there was money floating somewhere in Singapore, forged his I.Ds, got a visa, bought an air ticket and flew. Meanwhile there were Bank officials waiting for him to open an a/c without verifying his identity or the source of this money. Fantastic theory this!
Isn’t Mutembo said to have forged a judges signature? Looks like these signatures are easy to forge and get away with the felony.
@Mfumu, times have changed in Zambia. Those who prosecute do not do so to establish the PRESENCE or ABSENCE of any case to answer, but they are there to MAKE SURE there’s a case to answer. This means they MUST FORGE so that they convict AT ANY COST! Now, do you blame me for calling it the LOO OF LAW?
Nothing will come out of this. RB will be declared innocent. That man is educated. He knew how to play his cards. All you people calling for his blood will be very disappointed. I wonder why you cant learn from Garry Nkombos case. You all thought Garry Nkombo and his friends would be sent to prison but the court set them free. The man some of us see as jail material is that fool called Winter Kabimba. Just wait and see!
@ J J you’re very right. Wynter Kabimba akengila mu boarding straight!
Ba J.J. stealing is stealing, there is no such thing that he knows to play cards. If he really does, why has he hired lawyers to have his political immunity re installed. Think about it…
Who looks like a chisilu now?
It is you the Zambian, for you are not allowed to follow or do what is right by you or our future generations. To these people, they are living well but we suffer because more focus is spent punishing one another rather than building more avenues to success! Shame_Shame_Shame!!! Great motherfcuking shame.
Pf has just pulled Rupiah Bandas name in the mud for nothing. The country was in better shape with RB than it is under Sata. Did RB use the oil bought alone or was it for the country? Why are we quiet over Kabimbas oil scam? Why are silent over Fred Mmembe and Nchitos $3 million?
Why was the chap’s name in the mud to start with? Dullard chap…
These are the questions we need answered here and now!! It is being dragged through the mud because he lifted Zambia’s outlook and your PF government is hell bent on doing the opposite with dismal results!
Did the oil ever get to zambia?
Yes!My Fellow is right the case won’t go anywhere “fikapwilafye mumalyashi”
Can someone explain this matrix of plunder if any? Who was supposed to be paid, and who was paid? How does banda come in if the money was meant for the Nigerian Company – was it the rebate given by the company that was nonetheless paid by Zm, but to a Singapore bank? Please Mr Judge, read the chage sheet to us again – louder!
Iwe talala tondolo. Walibutuka mu Zambia. ninsala yakubutusha. Stop making noise from afar. Come and see what your bululu has done. Seal Tubombeko Konto iwe!
HOPE RB IS FOUND GUILTY AND GET LOCKED UP FOR TWENTY YEARS OR MORE.WE LIHAVE LOST LOT OF MONEY AND SOME OF THE INDIANS FROM EASTERN PROVINCE SUCH AS SABLE TRANSPORT MADE BILLIONS OF USD..WHY ARE UNDER FIVE EVEN FORMER SARKOZY OF FRANCE IS ALSO BEING UNVESTIGATED BY FRENCH GOVT SO R.B SHOULD NOT BE AN AN ISSUE AND CANT UNDERSTAND WHY THE OPPOSITION ARE MAKE LOT OF NOISE TOGETHER WITH UNDER FIVE MMD CADRES. NOBODY IS ABOVE THE LAW. WHERE THE OPPOSITION WHEN CHILUBA UNDER M.M.D. HAD LOCKED UP OUR FOUNDING FATHER SUPER KEN. MMD SHOULD NOW TAKE THE BITTER PILLS.
At least the ball as started rolling ,let us watch the game now with interest and see who will be victorious
Viva comrade Banda, we are with you all the way and do not worry about those charges which are disjointed and poorly assembled. There is no logic in anything which has been arranged by those PF dummies. Keep on hammering them hard and stay away from making marathone statements to the media because anything which you inform the public will be used against you in court.Be smart and make short calculated statements, do not engage in lengthy subjective statements. In short be objective and answer anything and everything through your lawyers.
Of course there is only one main charge at this stage because the case is not yet ready for trial and it is still at the Magistrate Court. Further charges will be added at the Higher Courts when when senior state counsels will be ready to prosecute
@BOOM & WHATEVER . I THOUGHT YOU ARE SUPPOSED TO ENCOURAGE RB TO BE HONEST AND ANSWER CORRECTLY. TO TELL THE TRUTH. NOT TO BE ELUSIVE AND TACTFUL TO AVOID BEING CAUGHT. THIS IS WHAT MAKES MANY OF US WORRIED. WHEN THIEVES MANIPULATE THE LAW IN THEIR FAVOUR. I THINK CHRISTIANS MUST PRAY AND FAST SO THAT THE CRIMINAL MAY BE ARRESTED TO SERVE AS A WARNING. IF BANDA ON THE OTHER HAND IS CLEAN LETS PRAY THAT GOD MAY SHOW US THAT TOO. WE CAN LEARN SOMETHING EVEN FROM AN AQUITTAL. WHAT IS SAD IS TO HAVE LEADERS WHO FORCE THEIR HANDS INTO THE NATIONAL TREASURY, THROWING IN ALL SORTS OF INJUNCTIONS TO GO SCOT FREE. MAY WE START AGAIN THIS FIGHT AGAINST CORRUPTION.
@Chisenga#14.1
Please, do not label Banda as a thief and, why I should encourage Banda to tell the truth when he knows that he is already telling us his version of the truth? If you know the truth, then become a state witness. Why are you distinguishing lies from the truth at this premature stage before bruising closing arguments or even before the final verdict is read by the judge president at the High Court. All that which I am saying is this, both the prosecutors and the defense should not be prejudiced. The prosecutors will lead all their witnesses in evidence in chief by clarifying all matters and, the defense will be allowed to robustly cross-examine state witnesses at lengthy. If need arises, the accused will testify in his defense or he will decline as it is biased against him.
@BOOM & WHATEVER . THANKS FOR YOUR REPLY. THE REPLY SEEMS A BIT MORE OBJECTIVE THAN YOUR FIRST POST. WHEN YOU SAID: “..those charges which are disjointed and poorly assembled. There is no logic in anything which has been arranged by those PF dummies..” ARE YOU NOT ALREADY TAKING A STANCE THAT RB IS CLEAN? AND YOU ARE ACTUALLY TELLING RB TO BE VERY TACTICAL AND CLEVER SO THAT HE IS NOT CAUGHT. I CANNOT BE A STATE WITNESS BECAUSE I HAVE NO EVIDENCE. I CAN ONLY LOOK AT WHAT HON. KABIMBA LAID ON THE TABLE OF PARLIAMENT. THOSE WERE VERY SERIOUS ALLEGATIONS. AND MR RB WILL DO WELL TO FURNISH THE NATION WITH GOOD REASONS AT ANY RATE. THEY CANNOT BE TRIVIALISED. PEOPLE SHOULD NOT JUST SAY CONCENTRATE ON DEVELOPMENT WHEN FORMER LEADERS ARE BUSY AMASSING WEALTH DUBIOUSLY. LET THE LAW TAKE ITS…
@Chisenga#14.3
Law, is a nice a game and it is also very ellusive. As a criminal defense attorney, one would advise his client not to discuss the case with the media, friends, relatives, prosecutors or anyone except the accused’s attorneys. Anything the accused mentions about the case will be tried at the High Court level as either evidence for the accused or against the accused and it is admissible. A parliament is not a court of law, therefore anything which Mr Kabimba conveyed to parliament is not tested yet, which means that it was well and good for him and his constituency. Mr Banda should not bother himself with such efforts meant for entertaining unquestioning masses. Kabimba’s efforts belong to the courts of public opinion. The state evidence can be punctured in several ways.
@BOOM
More often you talk senseless than sense, chis instance you don’t seem to be slipping, well done
Thanks
@Mushota#14.5
This is a field whereby if one deviates from a legislated onus/responsibility of unpacking legal jarggons and engaging both unnoticeable and noticeable challenges, then that party is guilty of committing a crime/s on the premise of ignorance which is unexcusable in diverse legal systems. We look forward to the day when the defense will successfully contest the state evidence which will be tendered by both expert witnesses and other main state witnesses. The defense also stands a chance of winning the above case without calling their witnesses to take the witness box. It is a common well known fact that most defense witnesses do suffer from amnesia during intense cross-examination conducted by experienced senior state counsels. My take is that the defense should discredit the
@Boom – good observations: At this stage, it is mere allegations. If we ever had fair and balanced media in Zambia, the subtext would read “the State has brought forward what many ruling party supporters consider to be serious allegations of abuse of authority and corruption, against former President Banda. However, many opposition supporters view these latest moves by the government as a witch-hunt, aimed to divert public attention away from mounting failures by the government.” …if wishes were horses!
@Chisenga – it is important to remember that in our constitution, all suspects are perceived innocent until proven guilty. Thus, the onus to prove Former President Banda committed a crime, lies with the State. He doesn’t have to prove…
wasting tax payers money. Lawyer up Sata, after you leave office they are coming after you for slaughtering our democracy and our economy. Only way out is dying in office.
PF has failed #15
Talk Sense. I think it is time we discussed issues on an intellectual platform than blubber our ignorance. Chisenga and Boom whatever are displaying knowledge and analysing issues, there you are, coming up with your none sense.
shameful indeed. it looks like arresting former presidents is the most favourite past time in zambia,,,, sorry ready HOBBY in zambia. why? because of idleness and laziness of zambians, instead of going out there working there butts off in order to improve their lot or after their puny token efforts towards development fail they default to pull him down (PHD) mode without fail. like clockwork. mwanawasa escaped arrest only because he died before finnishing his term. PATHETIC!
They should not steal simples…
he he he he… ndeloleshafye…..
I await the evidence where the money came from and where it went.
mmmmmmaaammmmmaaaammm… So if u buying u can be accused of stealing the money!!! he he he
If you spot judge chikopa pliz just beep me. Will bundle him in a landrover. And leave him at Mwami boarder. Have already put full tank.
Let the trial commence. I can not wait to see this vile thieving chap Ala Bee in the dock on 3rd April, 2013 [noting in my diary and in my phone].
True dat
Another flash back: Post Newspaper
Banda spent K1bn on W/Province trip, claims HH
By Patson Chilemba
Fri 11 Dec. 2009, 04:01 CAT [5830 Reads, 8 Comment(s)]
UPND president Hakainde Hichilema yesterday charged that President Rupiah Banda spent K1 billion on his recent three-day trip to Western Province.
And Hichilema backed George Mpombo and Gabriel Namulambe’s statements that late president Mwanawasa’s legacy should not be abused.
“That K1 billion that the President spent going to Kalabo to do something that is not even known, although we are told it was image building from traditional image builders. That money could have been used to drain Kanyama, to drain Garden. One billion, I gave you the figures much earlier,” he said.
Hichilema said it was also extravagance to send a delegation of over 40 people to the Copenhagen summit on climate change.
“I saw this lady Catherine Namugala, Minister of Tourism, she was proudly saying Zambia is sending over 40 delegates, and you know she looked happy, she was smiling. I said, what is she smiling about? Why send 40 plus human bodies to go to Copenhagen?” he asked.
Hichilema said most of these people who attended conferences were at sea with most issues that were discussed and only looked forward to tea break.
He said he had travelled with government officials to conferences before and they never spoke but only waited to fill their plates with plenty of food during tea break.
I understand Mr Situmbeko Musokotwane never sopke and only looked forward to filling his plate with food ,and to think he is a doctor.just like Aka empty tin people from this province are really dull.Academic chabe, classroom too much but no common sense.
He wants to use him to suppress citizens…maybe he is the one authorising people to go and rig elections under his arm. Yes, I have the information, ask the President today if I am telling the truth or not. I know the name, he knows the name. If the President argues, I will produce the extension letter to give him a contract. I have a copy,” Hichilema said.
He also said he was waiting for President Banda to apologise to Post news editor Chansa Kabwela for having directed her prosecution from an emotional point of view.
Hichilema said the MMD had always been a minority government since 2001, although he gave credit to president Levy Mwanawasa for having tried his best.
He said he would always remember president Mwanawasa despite the rubbish the present government was throwing on him.
“And I agree with Mpombo and Namulambe on this matter. You can put me on that list, I agree, Levy’s name should not be abused,” Hichilema said.
Hichilema said even the spirits would be angry that President Banda and his colleagues were abusing president Mwanawasa after using his body to campaign around the country during the 2008 presidential elections.
Former defence minister Mpombo and science and technology minister Gabriel Namulambe have expressed concern over the attacks on president Mwanawasa’s legacy, saying Lambas in the country are injured.
I have two questions for law experts:-
Will RB’s lawyer be allowed in the country to defend his client? He has been very outspoken in his condemnation of Zambian authorities.
Secondly, how will the absence of RB’s son, Henry affect the proceedings bearing in mind that his name appears on the charge sheet?
@29, RB’s lawyer in my post I mean Amsterdam.
About Amsterdam’s intended brief stay in Zambia, well, as of now politicians are not particularly comfortable with the above mentioned attorney. Therefore, he is not welcome and he cannot directly represent his client. Having had built this impression, it is safe to argue that through technological advances Amsterdam can still share essential defense strategies with his Zambian counterparts who are currently defending the accused.
The absence of Banda’s son is not a main ball of contention in this case. The state can still find him guilty of a crime in absentia. If his accomplices give the court overwhelming evidence and, the presiding judge president is satisfied with testimonies to that effect then the Zambia authorities will approach the S. African courts to implement the…
Armsterdam alebosela ukutali.
If Mr Henry Banda is found guilty in absentia, it means that he will not stand trial when he is extradited to Zambia from S. Africa. If the S. African judicial system rules in favour of the Zambian authorities so as to effect the extradition, then Henry will be transfered to the correctional services in Zambia. By staying away from the court procedings, Henry is not only disadvantaging himself, but he will lose any legal recourse in the above would marathone criminal hearings.
The state evidence will not survive the expected bruising cross-examination from the defense team. Lastly, my advice to the defense is that they must not let Banda testify in his defense because senior state counsels will tear him into pieces and they will lose the case on account of a poor witness.
DONT WASTE TOO MUCH MONEY ON THESE THIEVES. ACCELERATE THEIR PROSECUTION TO SAVE COST AND JAIL THEM QUICKLY. THEY STOLE AND ATE A LOT OF IT. WASTING MORE TAX PAYERS MONEY ON THEM IS POINTLESS. VINABA IVI VIMA GARU.
Mr banda and thandiwe you are out goverment remember not all allegation will make you free including your so henry whom wil use internation court of justice.
We stil know you wasted taxi pairs money which you bought vechael and motor bysclels
watch out for part 2 sir.
They have started hesitating yet they have overwhelming evidence he stole from us political gimicks way of stealing taxpayers money nonending court sessions, politicians surely support each other and this will die a natural death, no vote from me ba mukolweee!
Chicken has come home to roast!
‘roost’
When they say “PLEAD” does it mean that he was saying “Please Please napapata. It was not me!!!” or it is just a legal term?
The question is if RB was not involved in this oil deal how did his son Henrry Banda got involved who was not even a government officer to spear head such huge deals without his father having a hand in it? besides he Herry Banda is in exile knowing his name has been mentioned in these charges and thats a red flag of guilty. RB should just clearly explain to Zambian people how this oil deal came about, who was paid the money and were the oil was delivered. or money was diverted to RB Singapore account.
I would rather vote for an under 5 than for CNP Ukwa grade 7 who went to state house using “dont kubeba” & also lied he had a degree.
Kayombo Kayombo! always displaying bitterness and hate. Ukafwapofye nechikonko. Just be wise and see from within. Learn to argue issues with thought and reason.
yesterday in Kapotwe in Kitwe a man was caught red handed committing adultery with his neighbour’s wife. even when he was caught red handed with his clothes and ka bamba ku manja, the guy refused that he was not sleeping with her! pipo asked him wht he was doing in an finished house, he said he was a witchdoctor and was in the process of exorcising demons from his neighbours wife. If a man caught red handed na bwamba mu ndende yamukashi wamunankwe could say no i was sleeping with her, how about President RB who allegedly committed the same crime when we were not even seeing/ but if we saw him, it could have been a different story.
That is a good start. I hope the trial doesn’t slow down like Masumba’s case…
And Zambian Eye dissappears. Ba Shu Shu Shu aba!
It is only the law that people fear with out it surely the rich and the powerfull would be stepping onn our heads taking everything from the poor but thank God for the power of the law
@29.2 & 29.4 BOOM & WHATEVER,
Thank you very much for your very clear and expert response to my questions, now I can follow the proceedings better.
This is what happens when you declare a country as christian nation. No forgiving.
Six phases of PF Government in Zambia.
1. Enthusiasm
2. Disllusionment
3. Panic
4. Search for the Guilty
5. Punishment for the innocent
6. Rewards and praise for the non participants.
PF started so well, but alas how they have failed!
What has remained of PF rule now?
You must go to Zambia now and see what is happening there now. Watch the next few years.
Ba Bwezi if at all you are not guilty, no need to worry asikuulu.
Most comments on this site are so shallow. This is a case to nowhere.
Tunachepa twe munatenga.Nilibe navo nanchito.
viva RB
Mudala just plead guilty. Stop wasting our time.
An industrious sinner i much prefer to a lazy saint.Better to have far sighted and dynamic Rupiah Banda than a visionless M.C Sata.
The problem in Zambia right now is the mindset of some citizens. So RB and his accused minions mustn’t be prosecuted! A waste of time and money, you say? But don’t you see that the greatest obstacle to any development is corruption? The house got to be cleaned first so we have accountable and law abiding leaders. When RB is jailed, I hope this will be expedited very fast, future leaders will think twice about dipping their fingers into public coffers. And that’s how we will have more money for development, when officials are scared of stealing people’s money. Sorry but RB has got only himself to blame for this shameful situation. He should have been fighting corruption not promoting and perpetuating it.
Ati “obstacle is corruption”??? How is Italy so developed even when having their legendary corruption fronted by the mafia?
You chose to be an andangered spicies your self by failing to safe guard the property of the people.
Most comments on this site are so shallow. This is a case to nowhere. Balogo if this case is a no where case are you suggesting the people investigating RB have been bribed or they are incompetent to do a good job to find out the truth?
The moment i heard that Sata was elected president of Zambia, the first thing i said was, “under Sata, Zambia will be a failed State”. So, for me i am not surprized what is happening in Zambia. What is surprizing though is how Sata has managed to destroy Zambia within a very short period of his presidency. Thw big question is, why is Sata destroying our country, what is frustrating him to destroy our country? I really fail to understand this man, he habors so much evil against the country.
Whats the status of the court cases involving the DPP? Any one with information to share on this blog? Has he been cleared by the courts? If he has cases pending in the courts of law is he competent to be a lead Prosecutor in any court cases? Any comment from legal minds on this subject.
Imwe BAntu why should it take RB the President to buy oil from Nigeria while there exist competent authorities are in place.The ministry of Energy through Procurement authourity are there with attendant ministers and Permanent Secreraries and other experts.If we were in an emergence situtation and in a crisis,then the president was justififed.But we never had any seriuosfuel crisis.The man is just a con man who betrayed our public trust in him.
One way we can be certain whether RB is being prosecuted in good faith or not- is by unlocking this puzzle: \
– Which came first – Nigeria oil deal or Removal of Abuse of Office Clause.