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Sakeni responds to TIZ question on the revocation of RB’s passport, the State is entitled to revoke any passport

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Chief Government Spokesperson, Kennedy Sakeni
Chief Government Spokesperson, Kennedy Sakeni

Government Chief Spokesperson and Minster of Broadcasting and Information Services, Kennedy Sakeni has issued a statement to the media today in response to demands by the Transparency International Zambia (TIZ) for the Government to explain the law used to revoke Former President Rupiah Banda’s diplomatic passport.

Mr Sakeni said that TIZ should understand that by law, the passport, whether diplomatic or ordinary, remains the property of the State which can be withdrawn or cancelled, if circumstances so warranted.

Below is the Full statement.

Republic of Zambia
Ministry of Information and Broadcasting Services

STATEMENT BY HON. KENNEDY SAKENI, MP, MINISTER OF INFORMATION AND BROADCASTING SERVICES AND CHIEF GOVERNMENT SPOKESPERSON OVER TIZ’S CHALLENGE FOR GOVERNMENT TO EXPLAIN THE RATIONALE FOR CANCELLING FORMER PRESIDENT RUPIAH BANDA’S PASSPORT

Government has, and will do nothing that subtracts from former President Rupiah Banda’s enjoyment of his rights and privileges as provided in the law.

This is a responsible Government which is strictly following the rule of law in dealing with the former President’s suspected wrongdoing while he was in office.

As we have stated before, Mr Banda, like any other citizen, in his situation, is enjoying his full human rights and freedoms such as legal representation, including the assumption that he is innocent until proven guilty.

Further and beyond this, as former Head of State, Mr Banda is still enjoying all the benefits and privileges that go with the status of that office.

It ought to be appreciated, however, that Mr Banda is currently undergoing investigations and prosecution for suspected wrongdoing following the removal of his immunity by Parliament.

This process entitles the State and law enforcement agencies, duly and legally so, to take certain actions and decisions such as the recent cancellation of the former President’s passport, if and when such a move is deemed necessary in the ongoing investigations and prosecution of the former Head of State.

Moreover, it should be appreciated that by law, the passport, whether diplomatic or ordinary, remains the property of the State which can be withdrawn or cancelled, if circumstances so warrant.

It is therefore unfortunate for Transparency International Zambia (TIZ) to suggest that Government’s cancellation of former President Rupiah Banda’s passport is a violation of his entitlement to the facility, as reported in the media.

It is Government’s conviction that by its role and status, TIZ is well placed to understand and appreciate Government’s sincerity, objectivity and professionalism with which it is handling the crusade against corruption – former President Rupiah Banda’s case included.

There is no hidden agenda against former President Rupiah Banda, let alone any of our citizens, for that matter, in the ongoing fight against corruption.

But, as Government, we have an inescapable duty to do what is right: to bring before the law those of our citizens suspected of wrongdoing to account for their actions.

TIZ’s concerns, therefore, do not arise.

Hon. Kennedy Sakeni, MP
MINISTER OF INFORMATION AND BROADCASTING SERVICES AND CHIEF GOVERNMENT SPOKESPERSON

11th July, 2013

68 COMMENTS

  1. Sakeni please RB is not guilty of anything for now until the court otherwise rules. His immunity was removed not for you to start meting out punishment on the poor soul. It was for him to be prosecuted not persecuted for the crimes he is alleged to have committed. That Passport he has is not an ordinary one. It is not like Kabimba’s or Mmembe’s. RB is entitled to it by law. It is in his in his entitlements as ex-Head of State. These entitlements can only be removed if he is found guilty not before that. The removal of immunity only goes so far as to prosecute him in court. PF you’re a very intellectually challenged government. You’re a backward and embarrassing lot!

    • @Goncalves, if you read and understood the statement you would not be laboring to write all this garbage.

      I therefore put it that you are the one that is intellectually challenged and not the PF govt leadership

    • You are misinformed,intellectually challenged and dull youself!!The passport whether diplomatic or not belongs to the state,period!The pasport in not like the NRC which belongs to individuals.Wen the immunity was removed from RB he practically became an ordinally citizen like you and me and the law should not be applied differently or selectively!!If u are accused of stealing the state has powers to restrict your movements and there is nothing you can do abut it until you are cleared by the courts of law,period!!

    • So many Zambians are facing investigations for one crime or the other.Others are on Police Bond or bail as granted by court.Can Sakeni tell us whether passports being held by some of the accused persons have been withdrawn or cancelled?

    • Ati ‘that Passport he has is not an ordinary one’ kikikiki his diplomatic passport was revoked. Our dear friend Conecalf is a dullard chap ignore him and let him tap away furiously on his keyboard and post drivel he himself doesn’t understand.

      PS. Ala Bee is a flight risk and a vile thieving ****.

    • I think Sakeni is right you know, the passport remains the property of the state. And if someone actively engages in undermining the state on the international stage, then what should they expect?

      This government gives me hope that we might finally end this culture of “I have a diplomatic passport, so nobody can stop me from any criminal activities I desire to commit”. It’s not the case

  2. I don’t trust this government anymore. I think they are just trying to circumvent the embarrassing failure of obeying court orders!
    Such powers must always be exercised carefully!

  3. Thank honorable minister well explained, pass port remains Government property everywhere in the world that’s a norm .

    • @Zakapondo – Are you serious? TIZ was asking under which the revocation was done, his given us a shallow explanation without any legal justification… let’s call a spade a spade what the government is doing is poopoo

  4. So this man’s job description is to respond to every comment made by citizens? To say that these statements are boring is an understatement.

    • Hon. Sakeni boring?
      No, he is hilarious.
      If it had functional brain, it was going to be dangerous.
      Otherwise, just a fresh breath of childish ignorance of the basic principles of law.

  5. Mbuya, that is why we have processes and laws in a democracy (I dont mean a Zim or Syria type of democracy :)). We need to protect our citizens from demagogues like u, who can wake up from slumber one morning and decide to cancel my passport, bcoz passport is “the property of the State which can be withdrawn or cancelled, if circumstances so warrant.” what “circumstances” are using in Banda’s case?? Tell us. I know RB is not a saint but he is a citizen presumed innoncent like any other citizen. Afford him the decency of fair trial, pleeeeze!!

  6. This man should just keep quiet and save his office the continued disgrace. He says RB continues to enjoy his freedoms and presumption of innocent until proven guilty and yet they have revoked his passport. Revoking the passport of an innocent man is an infringement of a citizens rights. Where a crime being investigated is of a serious nature and the individual concerned is a flight risk, you present the evidence before a court of Law and a judge will make a ruling, for the passport to remain either in the custody of the courts or the investigating authorities,depending on the circumstances. Im afraid Govt is not applying the “rule of Law” in this case. Infact they are abusing their authority. Revoking a passport can only happen if obtained by fraud or convicted of a “related” crime.

  7. Sakeni was speaking whilst his HIV infected saliva was splashing from his big long open mouth.

    This man is better off not talking.

  8. Wow! A government that “strictly follows the rule of law” has not quoted any constitution chapter or verse, no Laws of Zambia sub-chapters, no Public Order act or nothing. I think TIZ wanted to know what laws or reasoning was used to cancel RB’s passport.

    With this long beating-about-the-bush response, it is plain and clear that this is a witch-hunt.

    Do we need another 90 days to figure this out?

    #Bufi

    • The explanation is that the government can revok a passport at anytime if it deems necessary. RB should have accepted to be interviewed before imunity was lifted but he wanted to play with Government this is what happens they will pull your muscle and see how far they can go. RB defence layers are not working they well, coz they advise him wrongly and PF they withdraw the passport so that next time he wants to travel he will have no passport to use for travelling and his application for a new ordinary one will be rejected as well. do you see what the governement want? or what it can do

  9. Hon. Sakeni, you say:
    “But, as Government, we have an inescapable duty to do what is right: to bring before the law those of our citizens suspected of wrongdoing to account for their actions.”.
    If that is right, why then you are silent on CRIMES commited by the members of Regime of which you are “chief spokesperson?
    Some pigs are more pigs than other pigs?

  10. Leave those based in zambia to comment.You make alot of noise yet even where you are, you have no rights at all.

    • But we are still citizens and this affects us. Some of us travel a lot, in and out of the country. It is still our right to read and comment, is it not?

      Even if I left for 90 days, I still can comment on what happens in my country.

      #Bufi

  11. Read caution on page 32 or 64 of Zambian Passport.
    Quote” CAUTION: This passport is the property of the Government of the Republic of Zambia and maybe withdrawn at any time.

    • Good point. I appreciate that you went as far as to quote that. I expect a law-abiding administration would do that; as a concerned citizen, you have done well.

      STILL. A law-abiding government should have and state a reason for cancelling one’s passport. This only makes sense. Imagine walking down the street and a police officer grabs your passport and when you protest, he proceeds to open your passport and reads to you page 32.

      How would that make you feel?

      You’d want to know why he did that; the quote is a start, but not the end.

      I hope this won’t take 90 days to sink in.

      #Bufi

    • @Theoretician
      You are right and every passport has that provision endorsed in it. However, a responsible Govt that respects the Rule Of Law will not just invoke that provision simply because they have a “flight risk” at hand or they just don’t like someone. What kind of state would that be? If anyone being investigated for corruption and the like is a flight risk why haven’t they revoked the passports of Kapoko and any others before RB? If anything, the courts (who are very aware of the provision) has considered the “flight risk” matter against RB and with his 2 young children and property he has (which is an international measure) they are satisfied that he is not a risk. If this Govt respected the Rule of Law, they would have respected the 2or 3 court decisions made so far…but?

  12. This is a responsible government… you call a grouping of morons, thieves, grade 7’s a responsible government

  13. Sekani why can’t you pump some sense in the old man defending
    Him is not helping the country, he needs to loose all the bitterness
    And revengeful attributes, Western powers are prospering because
    They has no time for such while in Africa we are busy fighting one
    Another wasting precious time and money achieving nothing

  14. ‘Innocent until proven Guilty by the courts of law’ so passport CAN NOT be withdrawn from an Innocent Man. Why is common sense not so common with some people?? RB is innocent until proven otherwise. At that time he loses his rights to the Passport, benefits etc etc….

  15. I will have a nice whisky the day Ukwa’s passport will be revoked and he can not got to India to empty his urine bag…

    he thinks he is clever for now

  16. I think most of the comments here were made by people who use travel documents not passports! TIZ exposed it’s ignorance by asking for laws used to revoke a passport. Is this the first time a passport has been revoked in Zambia? A passport is property of the govt and conditions are outlined before you agree to sign the forms to obtain a passport. Even inside the passport, it is stated that it always remains a property of the govt and can be withdrawn anytime.

    • Mase

      its you exposing your ignorance… the small print on the passport has to be read not in isolation but together with what the constitution says about a former presidents benefits. A righting on a passport is not above the constitution…

      Do you think TIZ is so ignorant?

    • Indeed, so do all bank notes, but I would still protest if some government official came over and grabbeb my money!

      A reason needs to accompany the grabbing — otherwise it is stealing.

      A responsible government should have said: “According to article chakuti-chakuti of the laws of Zambia and following the findings that so-and-so, we hearby revoke your passport”. This is not only responsible, but also makes sense and hides the fact that they are on a witch-hunt.

      Keep in mind that the courts (THE LAW!!) issued the passport back to RB; and that “innocent until proven guilty” still holds water in Zambia, there is no reason to have repossessed RB’s passport.

      I’ll give you 90 days to digest this.

      #Bufi

  17. If you have a passport go to the last page and read. It says: This passport is the property of the government of the republic of Zambia and can be withdrawn at any time. It does not say under what conditions. It just says any time. By the way, it was not from the PF government. Read your passport carefully before saying something ignorant when they revoke your passport. I have read mine and I will not be surprised when they decide to take it away, because the fact that I signed it means I agree with the terms written therein.

  18. A writing on a passport can not overide a former presidents rights as written in the constitution of Zambia. An ordinary Zambians passport can be revoked anytime as you do not enjoy the privilege of being an ex president as stipulated in the constitution..

    Surely are they so many ignorant Zambians to understand such a simple issuer? TIZ is not not talking from without

    • You are ignorant and silly. The Passport is the
      document that entitles you to Leave and enter
      Zambia. It is therefore Government Property. If
      you are in Australia as a Zambian you will know
      this, but it seems you are totally unaware of this.
      It seems your lies are infecting your thinking.
      Just zip the garbage from your mouth.

    • @Marioboreli
      I think you and those that are relying on the print in our passports are missing the point. Govt is not the supreme authority of Zambia but the constitution is. Therefore if the constitution gives a former president certain privileges, it will also provide means of and when those privileges can be removed. That’s is what our brother the Engineer is trying to put across as was TIZ. So until RB is convicted by a COMPETENT COURT of LAW, those previleges should remain intact including his diplomatic passport because in as far as the RULE OF LAW is concerned, RB is an innocent man today at least.
      Infact even you, as a Zambian citizen, are entitled to a passport and Govt can’t just revoke it without you “ABUSING” that privilege.

  19. Sekani dull as usual is sighting a writing on a passport without saying what the constitution says. Thats what TIZ is asking him to state

  20. Fake Engineer!
    Stop exposing your artisan thinking,your lack of confidence in yourself as a black man just shows how you fail to articulate or appreciate issues. Making racial jokes on fellow Africans just proves that you are not what you claim, you are just a frustrated bottom feeder who depended on MMD connections to survive. ‘Ape looking..’ I bet you hate yourself for being black!

  21. Ba Sakeni, there are laws governing the revocation of a former President’s passport. Anyway, come 2016 you and your cohort will not have passports anymore.

  22. Can people now see how the ‘school factor’ is missing from this government.This should be the last time we let illiterates ran the country.Thats why they are coming up with names like Gabon disaster heroes national stadium.But since Zambians seem to have an amazing tolerance for crap this pattern shall continue.EVERY GOVERNMENT must follow the LAW in EVERY decision THEY make.Aren’t they persecuting RB for not following the law?

  23. Which laws is Saka and company using to justify they excessive and abuse of authority to rape the constitution in the manner they are doing it. Disobeying court orders, not upholding what the constitution states and the like. Saka should ask Ronnie who was in that office how quickly that authority disappears and one wishes they should have never occupied the same. Time will tell on these decisions you are making now

  24. The re is no law which can compile the Government to explain why and how they arrived at terminating ones’ passport. By the way, Banda is a moron, because if he wasn’t he would have ad evinced his supporters on this issue. This is simple any Government has right to safeguard the Nation and can and shall withdraw any ones’ passport deemed criminal. We voted this Government to safeguard our resources and all our interest.

  25. With all due respect to the honourable minister, he has not given a legal response to a legal challenge and that brings into question the legality of the Government’s action.

    .

  26. Stop hiding in the law which u misinterprate as it suits u id iots. Banda can run away as such must be treated dis way. @ 2016?That year will b 4 pf nd not u shallow opposition.Can de police step up de panel beating of crooks like rb and sons pls!

  27. Isn’t it interesting how this kind like addressing themselves “Honourable” and yet there isn’t anything honorable about them. Most of them are thieving immoral beings. Take Mr Sakeni for example, lying through his teeth like comic Ali of Bhagdad and signs off as “Honourable”. My body cringes. Why not just end by signing off as Comic Sakeni. That now would be a better description of you bwana. Very few MP’s in that August house are fit to be addressed, Honourable.

  28. As far as the law is concerned, the minister’s remarks are too general and cannot be substantiated in a court of law. Let the minister quote the applicable law for the withdrawal of the passport in Banda’s case. In law it’s not just a matter of articulating issues, you should back up your explanations with at least a piece of legislation. Yes we understand the passport is a property of the government but as citizens we have the right to use passports.

  29. All we are asking for is that decisions made by government are made judiciously. In this, and all other cases.

  30. Sakeni, rb has freedom of movement till he is found guilty and sentenced so as to limit such movement.

    Your excuse has no legal footing.

    The man has rights and travel is a right and not a privilege. Yours is to facilitate and not regulate rights.

    When did you become parliament and the judiciary? You are wrong in thought, word and deed!

  31. ATI: “YOU KAMBWILI”! LOL Apparently that’s now an insult, if you are found to think like him, you are called that on the streets lol…
    Bus Operator: “Iwe! Iwe! Iwe! You Kambwili!” lol

    That’s what you get for naming sh***t like that…

  32. Its amazing how dull the people are which support retard pf and they even support stupid dull things that will affect them and there dull families shame on retards

  33. Zaka, sorry to burst your cadre bubble. Identity is a right, freedom is a right, presumption of innocence is a right. Revoking a passport is not a GRZ prerogative. Don’t cheat yourself and try to cheat anyone. Your argument is the same as saying the GRZ has the right to revoke your NRC. A passport is but an international NRC. Liar!

  34. Having heard all proposing and opposing arguments on this blog, I find for the plaintiff. Sakeni should have gone further to state that Ala B’s passport was withdrawn because, like his son, he is a flight risk. This Blog is adjourned.

  35. The point is this government is disobeying its own court decisions, how do you trust a group of people who want to disrespect the same tool,they are using to rule the people.They use the tool when it suits them, and disobey it when it aganist them.PF is a failed project.

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