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Disobedience of Court Orders by Government undermines the justice system-LAZ

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Rupiah Banda
Former President Rupiah Banda

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Rupiah Banda
Former President Rupiah Banda

Law Association of Zambia (LAZ) has said government had an obligation to unconditionally comply with the court order and allow Mr Banda to travel.

LAZ vice president George Chisanga said in a statement yesterday that the disobedience of the court order especially by the executive wing of government as exhibited yesterday would only seek to greatly undermine the justice system and the rule of law that courts were created to protect and foster.

“Such a state of affairs if not stemmed can lead to complete lawlessness and break down of society,” Mr Chisanga said.

Mr Chisanga reminded government to take a leading role in ensuring that judgments, rulings and other orders issued by the courts were complied with by officers charged with the task of implementing the law.

He urged government authorities to immediately ensure that Mr Banda’s passage was facilitated so that the ruling of the court was given legal efficacy.

Below is the full statement

PRESS STATEMENT ON THE REFUSAL BY GOVERNMENT TO ALLOW MR RUPHIA BANDA TO TRAVEL ABROAD

The Law Association of Zambia (LAZ) wishes to draw the attention of the Nation to the incident of this morning where former President Mr Ruphia Banda was denied permission by the Immigration Department to travel to South Africa

In order that LAZ makes its position known to the public on this matter, LAZ has obtained a copy of the Ruling of the Honourable Madam Justice J. K. Kabuka dated 6th June 2013

After considering the ruling of the Court LAZ has observed that the Honourable Judge gave the parties very clear and unambiguous directives. This ruling states on page R17 thereof as follows:

“For the reasons already given the application is granted and the Applicant is hereby allowed to travel to Johannesburg, South Africa to attend the African Presidential Centre Roundtable Conference 2013, for four days from the 6th to the 9th June 2013. The Applicant is to be accompanied by his surety Mikatazo Wakumelo whose name appears as surety on the two police bonds granted in respect of both offences of abuse of authority of office and corruption. The passport is to be released into the custody of the said surety

I hereby order the Government Joint Investigative Team to release the Applicant’s passport for the period of four days only from 6 – 9th June 2013, which he must surrender back upon their return. The bond conditions are accordingly varied to that extent and this variation is for the period stated”

The view formed by LAZ is therefore that it is incumbent upon the Government as party to the proceedings to unconditionally comply with the Ruling of the Court. For this reason the steps taken by the Immigration Officers to block Mr Banda from traveling abroad are not only illegal but they directly border on contempt of Court. LAZ is not in any doubt that the Advocates representing Mr Banda being Senior members of the Bar will take the necessary steps provided for in the law which are designed at ensuring that the law visits upon the perpetrators of this clear contempt of Court.

On its part, LAZ wishes to remind the Government to take a leading role in ensuring that judgments, rulings and other Orders issued by the Courts of our Country are complied with by Officers charged with the task of implementing the law. Disregarding very concise directives such as the ones issued by Honourable Justice Kabuka, especially by Government Officers, can have dire consequences on the Country’s rule of law and the jurisprudence that the public expects to develop from our Courts as established by law. We wish to earnestly urge the relevant Government authorities to immediately ensure that Mr Banda’s passage is facilitated so that the ruling of the High Court is given legal efficacy.

The disobedience of Court Orders, especially by the Executive Wing of Government, as exhibited today will seek only to greatly undermine the justice system and the rule of law that that Courts were created to protect and foster. Such a state of affairs if not stemmed can lead to complete lawlessness and break down of Society.

It is in recognition of this fundamental truth that the Council of the Law Association of Zambia has decided to review all options available to it to ensure that all subjects of the law and, especially the Government comply with Court Orders, Rulings and judgments.

GEORGE CHISANGA
VICE PRESIDENT

editor
editorhttp://www.lusakatimes.com

85 COMMENTS

  1. This brings no worries, no anger, no sympathy to me. That is how Politicians treat each other, nothing new!! While hungry struggling lawyers rant, RB and Sata are having 5 meals a day.

    • You are like me.I could care less.I foresee even Sata being pushed in one direction or another in the future.

    • Mo Taim, you know I do not know why some poor people would lose sleep over this. Sata will surly have the same treatment after office, but he will still be enjoying his millions accumulated, just like RB is doing! I do not know who some of these poor people are fighting for!

    • Good observation and I wish many people especially those at home could see such issues from a different perspective. Sata was teargassed at the hands of RB and now tables have turned in favor of Sata, indeed it won’t be long before Sata is equally being treated in the similar manner by whoever takes over him. Sata and RB live in luxury and have access to the best medical services that an ordinary Zambian cannot afford! Why worry about them anyway!

    • well done chisanga… very unique bemba man, i must say,,, his mother should be tonga or lozi, thats maybe why he is so honest and saying it as it is!!!

      Nawakwi is thinking different these days because she has a tonga surmane …..

    • From what is quoted above, there was no order to the IMMIGRATION to allow a suspected mambala under a lot of investigations to leave the country. The court ordered was obeyed by the investigators by giving RB his passport. If IMMIGRATION in South Africa don’t allow RB to enter SA, will you accuse them of disobeying the court order?

    • What don’t you understand, @Action Man? The judge said that “the Applicant is hereby allowed to travel to Johannesburg, South Africa”. That means every wing of government including the Attorney General and Director of Immigration Services has to obey. If any of them had any objections to this application they could have applied to be party to the matter in court and presented their reasons for objecting the granting of this application. What they did was wait until the matter was ruled in RBs favour and then claim that the AG was not informed of the ruling. That is simply being mischivieous on the part of the government and should result in impeachment proceedings against the head of state. Period!

    • that is being condescension, within monkey’s bananas. a hope for zero and rubbish of a contribution, shut up when your thoughts are not to care or indeed just being a sht of a camera hoping for another sht

  3. So if the government can refuse to obey the courts it means we can also refuse to obey the courts.The government leads the way and we the people follow.

    • Nations with weak legal systems always remain poor and Sata’s cheerleaders are condemning themselves and their families to that unfortunate fact.

    • The law has been suspended until 2017. This will give us one year moping up period. We shall also have one year of lawlessness! Guess against who!

  4. Zambia has rule of one man rather than the rule of law and deeply rooted institutions.Its clear Sata has no regard for governance he only cares about himself ruling and disregarding any other arm of govt.Zed will remain poor with this system as all rich nations have strong laws and respect for rules and it seems zed is not even trying to go the other direction.Poverty and chaos are twins and Sata has condemned zed to those twin evils.

    • i worked for ZRA for 13 years in zambia and Sata had been one of the clean business people i can remember, he was a strong opposition for Mwanawasa, and even when Mwanasa requested ZRA to go through his accounts of businesses, SATA remained clean and true to the law> I dont believe that SATA is even behind RB’d refusal to travel out, maybe it is the law and I can bet on it. It is time for Zambians to begin focusing on the law and laws of nation rather than looking at who may or not have influenced anybody to do what or not. With that mindset and looking at how we seem at look at issues, we may continue walloping in sht not knowing the exit even when the for exit is there for all to see

    • Haha,blind Bawiso.The same Sata that is blocking investigation of Mmembe,the same Sata that hell bent on decimating MMD so he can rule by fiat,the Satan that is doing the very same things he used to condemn RB and M’wasa for.He is abusing office and you blindly agree? Mujinga wewe.

  5. FACT: The people of Zambia did not realise that they were voting a dog to be their Republic President. With this dog in power, there’s a break down in the rule of law.. The country is slowly degenerating into a dictatorship state were Zambians will struggle to bring back into a democratic state the country had fought for in 1991.

    To the PF sympathisers, face reality that Zambia is being driven backwards and getting isolated. By the time you realise, it will be too late. Therefore, if you care for Zambia, be objective and join in the fight to safeguard Zambia’s future for our future generation. If we fail, your future generation will hold you accountable..

    • @SK, @Bawiso, and @Mungoma have summed up the matter with sober heads.
      Most bloggers above are either drunk with hate, bitterness, and/or just unmannered.

    • @SK, @Bawiso, and @Mungoma have summed up the matter with sober heads.
      Most bloggers above are either drunk with hate, bitterness, and/or just unmannered. Ka Jane Kabuka was just a simple lawyer in ndola until RB appointed her. She was paying back for this appointment

    • @SK, @Bawiso, and @Mungoma have summed up the matter with sober heads.
      Most bloggers above are either drunk with hate, bitterness, and/or just unmannered. Ka Jane Kabuka was just a simple lawyer in a small and dirty office in ndola until RB appointed her. She was paying back for this appointment.

  6. The Law Association of Zambia (LAZ) has offered too many talk shops to be taken seriously. What has happned in our nation is that laws of the land can/will be disregarded and disobeyed with impunity by anyone. A precedence has been set by Mr Sata and his government. The judicial system has been undermined by the current system to the extent that legal professionals have comprimised with it. How does Mr Sata breach the laws of the land from day one of his govt under the nose of LAZ ? This emphasises the point that Mr Sata himself does not have confidence our lawyers who are members of LAZ. To demonstrate this loss of confidence Sata went to pick a judge from another country to chair a tribunal. This is shameful to LAZ and they seem to run out of ideas except spineless statements. LAZ has…

    • LAZ be quiet. This RB can’t even use any of you for a lawyer. What does that say about all of you? Who can take you seriously with your blonde wigs and waiter uniforms?

      Throw RB in the slummer where he belongs and let him drop the soap while there.

  7. Ba GEORGE CHISANGA language is very crucial in a judgment. The keyword is “allowed “. It is not a must !

    • Kapotwe. You are actually the one who is all the things you have called Question Authority, save maybe the cadre part. RB was allowed to travel, however if there were other concerns, such as those articulated by the Ministry of Home Affairs, he could still be barred.

  8. contributed to the lawlessness in our nation. They have never acted to protect the laws of the land and corruption is even attributed to lawyers themselves members of LAZ. This allegation has been made by one of LAZ members and rebattal has never been offered. How can you expect Mr Sata and his govt to respect and obey the laws of the land?. We are already in a dictatorial state and isolated from the world because lawlessness by Sata and his govt is noticed from near and afar. To urge PF govt to obey laws while under your watch is asking how much you as LAZ has respected our own laws by your membership. HE WHO SEEKS EQUITY MUST COME WITH CLEAN HANDS.

  10. When you think about it how do you deal with a person that never respected the judiciary when he was in power. That is why it is important to do unto others as you would like them to do unto you. What goes around comes around. This old mans fate was sealed when he abrogated (by deed) the authority of the judiciary. He is only reaping what he sowed. Thats the law of nature.

    • However RB acted during his tenure, justice must be seen to be fair otherwise it is no different from the ills he is alleged to have committed. Zambians are tired of these personal political battles. One would think having an elder statesman at the helm would have bring some maturity, unfortunately the total opposite has happen.

  11. I Have supported PF in many Issues, but regarding the issue of blocking the Former President, Banda after the High Court has given a green light, disobedience of the court orders by the Government undermines the justice system. What can the PF Government say? Just making lame excuses. PF can no longer boast and glory in justice system. It’s useless to have justice system, and waste of money and time if the government is disobedience to court orders. Hence, PF Govern. has just behaved the same way MMD govern. used to behave regarding justice system. Despite the fact that the former president has been accused of plundering the national wealth He deserves to be treated with respect and dignity until proven guilty. Even prisoners are treated with respect.

    • A parallel case of Prof Clive Chirwa’ blockage drew lots of support by most of you and yet it was less serious in which the Judiciary was not part. Probably the same reason has been used here by the immigration meaning the case is not total disregard of the Judiciary but rights.

  12. THE REMOVAL OF THIS MANS IMMUNITY CAUSED A LOT OF COMMOTION IN THE NATION. IT IS ONLY FAIR THAT’THIS ISSUE REACHES ITS LOGICAL CONCLUSION WITHOUT BEING CURTAILED BY A RUN-AWAY-SUSPECT. HE MUST BE DECLARED INNOCENT OR GUILTY AT THE END OF THE DAY.

    • The PF have already jugded him when when logic could tell you that they are still looking for evidence and excuses to punish him.Lets cut the chase .Which between the two statements we were told yesterday is important.
      ‘RB if allowed to go out of the country would temper with evidence.’
      ‘The AG has not been served with the judgement.’
      Everything about the PF sounds very confusing and no one understands what they are saying.They have removed sudsidies yet tax payers are funding their life of leisure.

    • @Mo tain
      very strange sober statement from you today,,,… i hope where you are there on the fence, you are not throwing stones

  15. The PF government is now promoting lawlessness and damaging the international image of our country.
    Why can’t these people put aside foolishness and childish spite!!

  16. Does Sata even understand what the rule of law is? Sata thinks he is an absolute monarch in the middle ages. This is a fatalistic government with a very short term view. They think the world will come to an end at the very point they vacate power. So they have no long term view of what kind of country Sata’s children and his grand children will live in 10 or 20 years from now. In short Sata is not a visionary. And he is not alone. Kaunda, Chiluba, Levy and RB all suffered from the same affliction. It is the reason why nearly 50 years after independence we are still grappling with the issue of our constitution. I hope the next government will be a civilised one capable of rebuilding the institutions of the state that are currently been destroyed….hope is the only thing left!

    • @Goncalves…
      donot expect Sata to understand the rule of law?… the man does not understand a bald head or potato cut head,,so the rule of law to sata would be some language from mars!!!

  17. We told you that you were putting uncultured baboon into statehouse.

    Its the first time a station toilet sweeper has ever become a president.

  19. ONE LEADER IN ZAMBIA NEEDS TO EMULATE FORMER PRESIDENT NELSON MANDELA. IF MANDELA COULD HAVE BEHAVED THE WAY OUR LEADERS HAVE BEHAVED, THE MAJORITY OF THE WHITE PEOPLE IN SOUTH AFRICA WOULD HAVE BEEN ON ROBEN ISLAND SERVING LIFE SENTENCES. INSTEAD ROBEN ISLAND WAS CLOSED DOWN AS A PRISON AND IS TODAY EARNING SOUTH AFRICA MILLIONS OF RANDS AS A TOURIST ATTRACTION. WE NEED TO LET THE COURTS DO THEIR JOB, THE LEGISLATURE MAKE GOOD LAWS AND THE EXECUTIVE IMPLEMENT THESE LAWS. SIMPLE GRADE 7 CIVICS OR IS IT SOCIAL STUDIES. UNTIL ZAMBIA FINDS SUCH WE WILL FOREVER BE A POOR NATION.

  20. Passports are property of government. Passports are held in trust by individuals. When in doubt, executive will first withdrawal passport and then deal with doubt. It is wrong for LAZ to antagonize Exective and Judiciary. Representing the country is not personal. The invitation was rather one way trafic. It is always prudent to dialogue with Executive. Without dialogue, arrogance and impunity become rder of the day. BB, take it easy. Better conferences are coming. Avoid getting entangled with dubious sympathisers.

  21. What concerns me about this judgement is firstly how he Judge determined that RB is not a flight risk. Having a good reputation, children and property never stopped anyone from running away. Can this Judge predict what would have happened in RSA? Secondly why would you allow a surety travel with the accused abroad, what if they both disappear who will be answerable? Something really fishy with this Judge’s judgement. Limbi baliba tinika nabo.

  22. LAZ be quiet. This RB can’t even use any of you for a lawyer. What does that say about all of you?

    Throw RB in the slummer where he belongs and let him drop the soap while there.

    • Yes “allowed” by the COURT. Nchito and immigration are not above the COURT. Only in a Banana Republic can anyone justify what happened at the airport to RB.

    • You are a bitter and vindictive person and it is a good thing that you will never graduate to become a Nubian Queen. Whatrver happenned to the presumption of innocence?

  23. Laz is a toothless political party that is all. i cant hear any sense from their rantings
    You people gat a short memory just three years ago Sata and Mpombo were tear gassed by Rupiah Banda and today you in bed with angel Rupiah Banda,to hell.if Rupiah Banda was being mistreated he could have said so but he knows that he is enjoying his pension, ka tandiwe kali ndwi.

  24. The standard of unruliness has been set very high by this PF party. They want to see how far they can go before the people of Zambia react to their stupidity. They country is being terrorised by a few PF individuals and I hope who ever takes over will not waste time by putting these thugs on trial. They should face arrest or death penalty for causing death by suffering to the Zambian people!

    • Totally agree with you! They keep tasting the waters to see if they can get away with rigging the elections in 2016 – will the pipo have the stomach to say no?

  25. That stooge, lungu says judgement had not reached the dpp and that RB WAS BLOCKED BY so called joint investigation… Now are these two above the High Court? Lungu is “a voice of his master” reducing himself to a stooge of dictatorship. Disobeying courts is total lawlessness.

  26. If RB was not a flight risk, why did the court confiscate his passport in the first bond hearing? Dubious judgments like this are the root cause of all this, RB was boasting about clearing Chiluba before the Judge made the announcement, how did he knew the outcome if he did not influence it.
    The question people should be asking is whether state prosecutors where around when changes to the bail arrangements were argued in the chambers. The reasons given by the judge seem strange considering that RB is Zambian and he is supposed to have his family here and are not part of the court cases. Boston university is legit but it is not based in South Africa and we have no assurance from the South African government that they will bring him back if he tries not to come back to Zambia .

    • Court did not take his passport. It was taken by sadists and the court overruled the sadistic manouvers.

  27. i believe when the court ruled that RB be given the passport, it was not like the court said RB should travel. The court ruled for the passport to be released to enable him travel. and government had a right to deny him travel, not having his passport which i believe he had and attempted to use to travel, and indeed he exercised his rights according to the law

  28. As I understand, the role of courts is to interpret the law and not to make laws. The judge in this particular case overstepped her bounds by purporting to play the role of an immigration officer by saying “is hereby allowed to travel to South Africa……”. The Immigration department holds the final say whether or not any one of us is allowed to go out or come in, depending on what ‘baggage” one has. In my view the most the judge could do was to rule on whether RB could be given his passport or not.
    Even courts must surely have limits?! Judges are as fallible as anayone of us after all!

  29. Corruption is foundation of the whole system – Sakwiba Sikota is corrupt, Wakumelo is corrupt; RB is corrupt, PF is corrupt. Whatever we wright here is a waste of our time coz all these guys are enjoying life way above us, and at our expense. Lets be objective…let the “dogs” fight….our role is to work our way up and make a difference when it comes. Our words make no difference. Lets be in prayer and stand for righteousness and righteous leaders.

  30. VERY INTERESTING INDEED. THIS COUNTRY IS NOT RULED BY THE COURTS. EVEN WHAT THE COURTS RULE CAN BE CHALLENGED. FOR EXAMPLE, WHEN THE SUPREME COURT RULED THAT PRESIDENT SATA WAS RIGHT WHEN HE SUSPENDED THOSE THREE JUDGES, THE SAME COURTS HAVE ALLOWED THAT RULING TO BE CHALLENGED. SO BABA EVEN THE RULING IN THIS CASE IS CHALLENGEABLE. INFACT I FORSEE A SITUATION WHERE THE COURTS WILL RULE THAT THE JUDGE MISDIRECTED HIMSELF OR HERSELF BY INSISTING THAT BANDA SHOULD BE ALLOWED TO GO OUT OF THE COUNTRY.
    ALREADY MUMBA MALILA HAS SAID THAT RB WAS NOT ALLOWED TO TRAVEL NOT BECAUSE OF THE CASES THAT ARE BEFORE THE COURTS NOW. BUT BECAUSE OF OTHER CASES UNDER INVESTIGATION WHICH ARE NOT YET BEFORE THE COURT. SO AS LONG AS THOSE CASES ARE STILL UNDER INVESTIGATION RB MAY NOT GO OUT.

  31. Police should never try that law crap with me because theres no law now its been proven thanks to pf a kind warning police and whatever stupid security wing you have here let them get there salaries but dont come with your crap u ll be distroyed

  32. THE STATEMENT BY THE ATTONEY GENERAL MEANS A LOT. HERE WE HAVE THE JUDICIARY AND THE EXECUTIVE. EACH OF THOSE ARMS HAVE A DUTY TO PERFORM WITHOUT HINDRANCE FROM THE OTHER. WITH RESPECT TO RB’S CASES THAT ARE IN COURT, THE COURT THOUGHT RB WAS NOT A FLIGHT RISK. BUT WITH RESPECT TO CASES THAT ARE NOT YET BEFORE THE COURT, THE AG AND IMMIGRATION OFFICERS THOUGHT HE IS A FLIGHT RISK. SO WHO IS RIGHT AND WHO IS WRONG? I THINK BOTH ARE RIGHT

    • The minister of justice should also be locked up for contempt. The Courts are the final arbiters and Lungu cannot circumvent their rulings.

  33. This was a porous judgement. How do you allow the suspect to go away with the surity. What then remains if they both do not come back? LAZ!

  34. Mr Sata should be real with RB first as former republican president, secondly the maginanimity RB showed Mr Sata and his family when both were taken ill were evacuated to South Africa. Ambassador Bizwayo Nkunika who was stationed in South Africa received Mr Sata as an official Zambian opposition leader and accorded him the due respect while on medica treatment. Nkunika who was recently removed from UK in preference to Sata’s relative at the mission, even made it possible for RB to speak on phone with Mr Sata and the later commended him for the kindness shown to him and MMD govt. This is what civility is all about. Today RB is caged by Mr Sata and his govt. Zambians have the last say. In all this RB can not be defended for alleged cases against him but accord him his basic rights.

  35. The judge is wrong in that she never respected the investigative team .Laz u yo mulomo.The immigration has a right to do so especially with pipo like rb. Y do u want a suspected criminal to travel?The pipo that invited rb have uterior motives.

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