FORMER President Rupiah Banda has for the third time failed to travel out of Zambia, this time to Tanzania for the Global 2013 Smart Partnership dialogue after State agencies could not release his passport on Friday.
The former head of state was to join other former Heads of States at the Dialogue, and these include Benjamin Mkapa of Tanzania, Joachim Chissano of Mozambique, and Jerry Rawlings of Ghana who are bestowed with the status of Fellow Emeritus due to their involvement with the Smart Partnership Dialogue.
This followed a latest court order allowing him to be out of the country for four days.
On Thursday Lusaka High Court judge Anesi Banda-Bobo ordered the State to release Mr Banda’s passport after the former president filed inter parte summons to vary bond conditions, and for an order for release of the passport pursuant to Section 126(3) of the Criminal Procedure Court.
Justice Banda-Bobo’s ruling read: “The application to vary bail conditions is hereby granted, and the State is directed to release the passport to enable the applicant (Banda) to travel to Tanzania from 28th June to 2nd July, 2013. The passport is to be released into the custody of Mikatazo Wakumelo, one of the sureties who shall accompany him so that he surrenders the passport immediately upon return to the State.
“The government joint investigative team (GJIT) is ordered to release the passport for a period of four days only, from 28th June to 2nd July, 2013.”
But yesterday, Mr Wakumelo, who is also administrative secretary in the Office of the Fourth President, told the media that the passport has not been released.
“We are not travelling because the passport has not been released. He was supposed to travel yesterday [Friday] but when I went to the government joint investigative team, they told me to go to the Registrar General where I was told to go to the Chief Passports Officer. There I was told to go to the Ministry of Home Affairs but the permanent secretary [Willies Manjimela] was not there in the afternoon.
“So we are not travelling. We have not been given the passport and the former President won’t travel to Tanzania,” Mr Wakumelo said.
Last week the government cancelled Mr Banda’s passport because of the on-going investigations against him.
In her ruling, Mrs Justice Banda-Bobo noted that Mr Banda is a former President of Zambia and has roots embedded in the country as he deposed that he has properties.
“He has young children in Zambia. He has, on the basis of the above, not struck me as a flight risk. Further; the invitation is from a serving head of state of Tanzania [Jakaya Kikwete] who is hosting the Global 2013 Smart Partnership dialogue.
“According to the letter of invitation, the dialogue, being what it is, requires personal participation of the applicant. The applicant is on bail. All he is asking for is the variation of the bail conditions by the release of his passport..,” Mrs Justice Banda-Bobo said.
She said she has taken cognisance of the fact that even though Mr Banda is seeking variation by the release of his passport, the holding onto the passport by the GJIT was not one of the bail/bond conditions, the fact which was not disputed by the State.
This is the third time Mr Banda has been blocked from flying out of the country. In June this year, immigrations officers stopped him from leaving for South Africa to attend the 2013 African Presidential Roundtable at the invitation of the Boston University African Presidential Centre.
He has since commenced contempt of court proceedings against the immigration officers, contending that they acted against the court order that allowed him to travel out of the country.
Earlier in April 2013, Mr Banda was stopped from attending the inauguration of Kenya President Uhuru Kenyatta.
A government with Jungle laws indeed. Its dere tym let them abuse deir authority. Time will come for them to answer to all dese criminal activities. 2016 is jst less dan 3yrs now.
How does the court order govt to release a cancelled passport? If Rupiah wants a passport, he will have to apply for a new one.
I want to believe that govt is not being prejudicial but just weighing what is at stake if they allowed Rupiah to be flying around (which was his job description) like a headless chicken. Its the gravity of the matter that has caused govt to take this extreme measure.
I am sure once this becomes public knowledge, we will appreciate and thank govt for cancelling Rupiah’s passport.
Sorry for now no flying, you are grounded
@Wilson – what language is this you are using?
These are the fellas who will be writing editorials in our papers in the future!
Which passport was to be released to RB? I thought Banda’s passport, the diplomatic passport, had been cancelled or withdrawn by the owner (the Government)! Didn’t Mrs Justice Banda-Bobo know that?
Mambala, your turn has come. ha ha ha ha
Ba Tunga!!!!
We will just go and get that Passport by force. We know its at that former State house, we will ransack it!!!
Ba Nostradamus ubupuba muleke. Ask the people of Kampasa compound what pangas and stones did against live bullets.
i would advise Mr Banda to flee Zambia till further notice, he will not get a fair trail and court orders will just be ignored.
I was played like a football – I went to the government joint investigative team, they told me to go to the Registrar General where I was told to go to the Chief Passports Officer. There I was told to go to the Ministry of Home Affairs but the permanent secretary [Willies Manjimela] was not there in the afternoon.
The Govnt that respects the Rule Of Law and his headed by a man who has pledged, before the nation, to rule the country according to the 10 commandments of the bible.
Tricks and trick stars.
let that mambala stay home to clear his old filthy name and cut this court game. from the anxiaty displayed one would conclude he truly want to join his son and armstadam the criminal
hmmmm ma jealousy! just because no one wants to associate with the dictator while in power, imagine how he will be deserted when we vote him out of office? We are a peaceful nation indeed!!
Somebody said; What goes round, comes round, today it’s you mailo it’s another. The world is a ‘stage’ indeed. This one comes round with his tricks and after a while, they disappear and another shows up etc.
Unfortunately we Africans (Zambians in particular) we don’t seem to learn. What’s happening to “Bwesani Lupiya” will again come round and haunt us. We have seen what other countries have gone through including wars, famine and despair but, we keep repeating same mistakes over and over again.
I fail to understand why as a pipo could fail to sit down (like our ancestors used to do) and discuss amongst other burning issues, real origins of HIV/AIDS, why we are having ‘strokes’ in children, poisons in our food chain and other serious security and health matters like,…
Common sense doesn’t seem to be so common somewhere, because what’s different on this trip for the state to give Banda the passport?
Honestly , if you look at the faces of Sata, Mmembe, Kabimba, Nchito, Malila all you see is primitivity. These are the primates that have given Africa a bad name. Imagine if these monkeys were the ones on Robben island for 27 years! And I wouldn’t want the next govt to abuse the rights of these PF thugs just to show them how evil and lesser beings they are!
…the Zambeef saga? We are no doubt a “stupid pipo”, we have let even foreigners to enter our bedrooms to dictate to us what to eat and when to eat.
We have gobbled up GMOs, yellow maize, Soybeans poisons in tinned stuff including in Chibuku yet, we still continue to die like flies. Leopard Hill cemetery is full to capacity because of our ignorance of issues, some of which are of great importance to our wellbeing as a pipo. Its a shame really on Zambia as a ‘stinking’ rich country. Little wonder we cannot even write our own History, shame on you….
Fwaka too much, do your research, we in Zambia simply have different problems! It is clear you have been misled.
U thnk the cry RB had meant wht,he foresaw ths chalenge whilst his son had already run away.Bring yr son who is also a risk flight individual.Aftrall RB blundered lobying fr sanctions to our country whn he ws out of country.Wht can stop hm organise such meetings whn he’s out of country? He created his own precededent dont blame anyone.Mambala u thought its forever.
Is this a disobedient government or what? How can those sworn to uphold laws refuse to obey court orders? Why should people like Siliya accept and obey court rulings about the nullification of their seats by the courts?
Enjoying a scrumptious Sunday lunch at my local gastropub, I will not lose sleep over a vile pompous thieving **** like Ala Bee. Let the vile **** hang!
Nothing like power in Africa mwe. Simply disregard court orders with impunity. Rupiah, you have zero chance of ever getting out of the country legally as long as the pf is in power, so you might as well save yourself some stress by not even attempting to get your passport back. Your passport is sealed in a safe in Satas bedroom and nobody is gonna dare even ask for it thats why you keep getting run arounds. The writing is on the wall sir, they are going to throw the kitchen sink at you and they will find something that will stick trust me on that, then they will throw away the keys. RUN RUPIAH RUN, NEVER RETURN…..
No one stays at the top forever… If Gaddafi had to fall what of Mr. Sata? Time catches up with all our deeds of the past. No one owns Zambia… regardless of there political experience… not even KK owns this Zambia!
Leave Dr Kaunda out of this my friend. He had his own share of problems under half inch pint size king fred.
Who needs the law when you have pf..i weep for motherland.
Ba PF m****** imwe, bashinka manyela baswaini…. just give us our passports.
Nivimambala….
“The greatness of a Nation is judged by the quality of it’s leaders” If a blind man leads another blind man they will all fall into a ditch. Democracy and the rule of law are all alien to the wicked. Until we have leaders who are meek and humble democracy and rule of law will remain a pipe dream for our mother land. “Some people say he who laughs last laughs the loudest”
I think sometimes, especially when the law is administered by incompetents, some one needs to take pragmatic steps to protect truth and justice!
The back stops at the Head of state. ” With these actions” I am beginning to suspect that Michael Sata will rule Zambia for ever. This is a Govt that does not tell anyone, what they are up to, what plans they have for the nation, No press conference. In a landmark case like the one of a former head of state tell the nation (Your Masters, who put you in office) what you are doing and why you are doing it otherwise it does appear this is just a primitive move being planned by people who are using Govt. Machinery to settle personal scores with His Excellency “RB” he must appear before courts yes, even if the lifting of his immunity was f laud, but the law is clear on suspects,even when they are found quilt you do not take away human dignity from them.
i believe some of these activities are meant to bring back some of RBs cash staked in foreign banks home as he definitely needs to pay lawyers, no wonder kwacha is gaining.
The pa mafi govt & da MAILONI brs ar da same.
The last time I checked the last page of my passport clearly stated:’ This passport remains the property of the Government of the Republic of Zambia and may be withdrawn at any time’. I am sure this was the same in RB’s case. The question is whether he will be issued with another one in view of his pending cases. I sincerely hope he did not throw away his old one. I wonder what clever scheme Amsterdam will try and come up with this time. Just go and tour some exhibitor stands at the Zambia International Trade Fair ba RB
PF you have been so good to these pipo such that even when we want justice to prevail they say u are pesecuting them. The invitation and the ruling of the court are questionable.
Dontworry RB, each dog has its day of reckon. Moreover, you behaved like you dont care when you were in government now the law has caught up with you BUT they are abusing the law, so wait for their day of reckoning. It is surely coming!
Governments that disregard the rule of law drive investments away, weaken the economy, leads to more injustice, Zambia is currently experiencing all these. the courts ruled in favor of the man why can’t government heed the order, they are losing friends even Mugabe is staying far away from Sata
When Rupiah lost they were a lot of people, corrupt people in SA that were worried.
Unfortunately the corruption of the last regime continues, so those in power now will who are corrupt will face the same. Cant understand why they dont learn. A lot of the SA companies in Zed have a strong connections with powerful military/political powers in these places, our leaders got caught up. These are not innocent people. Hate PF, MMD, UPND but the corruption was there, is there. The issue is follow the law as it stands.
no fly zone for bwezani. That extravagant campaign. where are the others? Why Banda alone. what about Maxwell Nkole, the most corrupt mine minister ever.
#17 nastradamus i like to read your opinion and enjoy i should say, but lately they are not as beneficial and the tone is slowly losing maturity.your contribution will be of great help if you are alittle neutral and objective.enjoy your weekend.
Dictatorship all the way under poverty forever PF.
RB will never get a fair trail. He has already been convicted by the jungle law of the executive, not by the judiciary. If the court rules that RB is not guilty, RB will be re-arrested & the executive will ensure that the court find RB guilty. I suggest that RB should just be jailed by the gov since the orders & rulings of the courts are not respected & the judiciary should be abolished, because it is not serving it’s purpose & draining the tax payers money for nothing. What use is there for RB going through the trial when the government in it’s mind has pronounced RB guilty. The Gov. will do anything in it’s power to find RB guilty. What is a use of being a judge of the court when the government does not respect the law. Just send RB to jail or set him free since there is no justice
Leave the president alone. There is nothing you will gain by withholding his passport. You are just denting your image to the World at large. Might look like revenge to you but you will regret in the near future. We will watch from the sidelines.
Its better to be leaders of North Korea,Cuba or communist China than being M.C Sata and his minions.At least those dictator and ardent communist don’t pretend to be democratic and they’re not hypocrites like this Pa Mafi govt that does not obey court orders or respect rule of law.
Well, this is getting out of hand, I would like to assume that the government knows something about RB’s case that we don’t, otherwise this is sending wrong signals internationally about the independence of the judiciary in Zambia.
IT IS ALL “CAT AND MOUSE OR TOM AND JERRY” CIRCUS. AND YOU CANT BLAME THE GOVERNMENT. RB IS A FLIGHT RISK JUST HAVING CHILDREN IN ZAMBIA IS NOT ENOUGH TO KEEP THIS MAN AROUND.
AND WHAT IS RULE OF LAW?
1. DOES IT MEAN JUDGES CANNOT MISDIRECT THEMSELVES.
2. JUDGES ARE ALWAYS RIGHT?
3. ONLY WHEN JUDGEMENT IS IN MY FAVOUR?
4. ONLY WHEN THE COURT ORDERES THE RELEASE OF RB’S PASSPORT BUT NOT WHEN THE SUPREME COURT RULES THAT SATA WAS RIGHT TO FORM A TRIBUNAL AGINST ERRING JUDGES.
INSTEAD OF JUST TALKING WE NEED TO ANSWER SOME OF THESE QUESTIONS.
Mr sata swow to defend the constitution of the republic. Incacerating RB for no reason is surely not in the constitution.
Many PF MPs are cowards, pretending all is well when RB is being mistreated by the government. You make laws and you let the executive abuse laws which are suppose to protect the rights of a citizen. What a shame to have toothless MPs who can’t question the government wrong doing and abuse of authority. It is right for the government. to probe RB, but not to abuse him in any way. He is not a convict.
Every citizen has a right to a passport and travel outside the country. If the court order that he can travel, the govt has no right to violate that order. There has to be a separation of powers. This is a dangerous path the PF govt is taking and Zambians must not watch this with apathy. If PF can do this to a former president, what chance does the rest of us have? This is an assault on the rights of citizens and breach of trust in our democracy. This is unacceptable.