Transparency International Zambia (TIZ) has written to Home Affairs Minister Edgar Lungu demanding to know under what existing law former president Rupiah Banda’s diplomatic passport was revoked.
In a letter dated 4th July, obtained by QFM, TIZ Executive Director Greenwell Lungu explained that his organisation has upon studying the Benefits of the former Presidents Act Chapter 15 of the Laws of Zambia as amended by Act No.33 of 1994 and No.21 of 1998, which provides among other benefits a diplomatic passport for the former president and his spouse, found no section that the State followed in revoking Mr Banda’s diplomatic passport.
Mr Lungu said that while the former president is facing serious corruption charges, this does not mean that his legal and constitutional rights should be abrogated and taken away from him.
He pointed out that the only available conditions under which a former president can be disqualified from accessing such benefits is if he ceases to hold office on grounds of willful violation of the constitution or of misconduct; of if convicted of an offense and sentenced to imprisonment for a term exceeding six month and the national assembly on a motion supported not less than two-thirds majority, resolves that the former president shall not receive such benefits.
Mr Lungu said that TIZ implores the PF government to promote good governance by respecting the rule of law at all times and that all suspects including Mr Banda be treated and accorded their rights within the confines of the law.
He added that going against such provisions of the law is tantamount to abuse of the executive and legislative powers.
Meanwhile, former Republican President Rupiah Banda today failed was unable to take plea in the case in which he is facing the charge of concealing trucks because the court has not received further instructions.
Anti Corruption Commission (ACC) prosecutor Dennis Simwiinga told Principal Resident Magistrate Obbister Musukwa that the office of the Director of Public Prosecutions (DPP) had not yet issued fresh instructions on the matter.
Banda has been appearing for mention since the matter was taken to court on 30th April and has not taken plea because the prosecution is still waiting for instructions from the DPP’s chambers.
“The instructions are that we proceed for another mention possibly 20 days from now, because we have not received fresh instructions from the DPP’s office,” Mr Simwiinga said.
Banda allegedly concealed the receipt of the motor vehicles by having them registered in the names of other people connected to him.
This is in a case in which Banda is charged with one count of concealing gratification involving nine trucks all valued at K471, 000 contrary to section 36 of the Anti-Corruption Commission Act No.38 of 2010.
The company was contracted to construct the Levy Mwanawasa Stadium in Ndola.
Particulars of the offence are that Banda on dates unknown but between January 1, 2011 and August 30, 2011, received nine motor vehicles valued at K471, 000, which were obtained as gratification from Sogecao Zambia Limited, a subsidiary of Anui Foreign Economic Construction Company.
Banda’s Lawyer Erick Silwamba raised concerns over the delay by the DPP’s chambers to issue the said instructions and that the proposed 20 days to hear the matter was too long.
But in reply, Mr Simwiinga said everything that had been raised was according to the law and the discretion vested in the DPP’s chambers alone.
Magistrate Musukwa adjourned the matter to July 30, 2013 for another mention.
Another useful idiof who has nothing better to do!
No, you are the useful idiot dear sir. Greenwell Lungu has quoted the law. It would be nice of you to use the same law to counter his arguement rather than insult his person.
Ba LT, to state that President Banda failed to take the plea suggests that it was his fault when clearly it’s the prosecution who are not ready in this case. On the passport issue, the government went a little too far. You could have kept the passport for now as has been the case but the canceling of the not just the diplomatic passport but the passport all together was a little premature even if you may be confident over the evidence you have in hand.
PF government is making RB appear `holy` in the way they are treating him and handling his cases….. it wont be long before RB is declared a St.!!! wait and watch
You are exactly right. Why not follow the law, give a fair trial and if guilty sentence as appropriate?
People can see the vindictive actions outside the law and will even forget the original charge and feel bad for him. They are giving him ‘victim’ status which in the end will gain him support.
Foolish!
The dictator of zambia abused the office he’s known being vengeful, short tempered n brutal poor leadership indeed nevertheless he’s a passing phase terrible phase for zambia.
Viva HH we miss u!
What is to be done? We keep reading bad things happening to the Zambian democracy.What is to be done?
we are in the era where democracy is being assaulted. but then we sit like things are pleasing, this is what the radicals call “class in itself”, and the ruling of this country is the”iron law of oligarchy”, where everyone who gets in power treats the Zambian people and its democracy unfairly. bring some popcorns we eat as we watch this on this big screen.
You sound disconnected and unconcerned. I, like you are in the US. But my home is Zambia, therefore I care.
I would not be calling for popcorn (Not popcornS) so I can watch while my country is ruined.
It’s the Law of Zambia’s Nature!
TIZ my foot. More like Opaque to me! Why are you trying to shield baby killers?
Did somebody kill your baby or is it babe?
HH! So u think this is an opportunity for yo hh ? U will see.Ba IT ekalilo they have to critisize govts to please their funders who are imperialists .
1. “Imperialist” created Republic of Zambia. +
2. What HH has to do with RB passport? =
________________________________________
Useful ***** contribution
may God punish them for their evil ways, they think they are invisible
These PFools keep persecuting the best president we ever had for no lawful reason.We had bumper harvests,overflowing forex,respect by our neighbours and an upgrade to a middle income economy yet the PFools are destroying it all.I hope you PFools are dealt a painful hand by karma.
yes TIZ the government needs to play by he rules.
being elected doesn’t mean you throw our constitution
out the window. This a serious matter, we don’t want
to become another Somalia.
Thieves shouldn’t have passports. Period
Mr Rupiah Banda is no thief you hater.What happened to innocent until proven guilty?
Thieves shouldn’t have passports, says the most abundantly obvious thief.
An identity thief, no less.
Then how would you, Slow Speed White Mama, have got to America without a passport?
And how do you propose we determine who is and who is not a thief?
Can we then assume that all those with passports are innocent, while those without are theives?
Do you recall, not too long ago HEMCS was detained at OR Tambo Intl for carrying too much cash? Where do you suppose he got that money from? What sort of deals did he strike to get that money? Are we now paying for those deals?
Hmm.
Yet, he has a passport.
Hmmm!
Do you need 90 days to do the math?
#Bufi
Looks like there’s so many UNIPISTS and MMDists on this website. Slow speed Mama I am with yu. Innovating another blogger’s name doesnt constitute theft like someone keeps crying here. Intellectual property protects such in as far as they are registered legally. But who would register an anonymous name unless they and the law have a screw loose?
Innovating? She is a black person calling herself white. Of all the names in the world, she picks mine, changes a word or 2, not even realizing the name becomes idiotic with her changes.
In my eyes she has stolen my creativity. That name is meaningful to me. And maybe I do have a screw loose (I’ve heard it said), but she should have a bit of shame.
She is an identity thief.
Thank you uwakulile muli center for your defence . However I wont bother to respond I did so in a tongue in cheek the first time but anyone who takes anonymous bloggers seriously will end up with a screw loose like u put it. So I wont hook on to these barbs
Good. Please don’t respond. The only meaningful response is for you to quietly and discretely start posting under a name you create for yourself.
Not steal a very distinctly uncommon name and start using it. If my name was Mulenga and you started calling yourself Mulenga-2, I wouldn’t have anything to say. Mulenga is a common name, unlike High Speed Black Mama.
This is what happens when the system of governance collapses
PF is govt full of imbeciles
EDGALU
Many care so much about politics that they remain poor waiting for a government to resolve their problems.
well said!
I really pity my country in these PF hands we are in, i dont know where we will be just 6 months from now in terms of a break down in the rule of law, everyday this, that, always something the first of its kind in the zambian history – unprecendented by-elections, care taker chief justice, court orders are now useless, arrest of journalists at 02:00am without charges, deportations of catholic priests and prominent businessmen, suspensions of high court judges because of protecting tax payers’ money, no more political rallies, arrest of opposition leaders because of visiting a chief or holding an executive meeting in a house, mps to get permits just to visit their people in their constituencies, the list can go on and on…..
A Lungu mwachinga lomba? You know how much you campaigned for the removal of the immunity of Banda, therefore, you should be happy with all these developments.
Chikopa or Amsterdam? The way you answer, says it all and how skewed you are.
Now he wants to use a routine check up on his knee as an excuse to travel to SA. Just go to the new Levy Mwanawasa hospital you commissioned baba. Or better still the Italian hospital can deal with such simple issues.
In as far as RB’s persecution is concerned, it is a case of guilty until proven guilty – a shameless wicth hunt which we all are aware of. If they have evidence, let them bring it out, so that we kill this issue and work on something else.
Do we need another 90 days for this?
#Bufi
PF is a failed project.The know how is not there in anyway.
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