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TIZ director testifies in Kabimba tribunal hearing

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Wynter Kabimba
Wynter Kabimba

Transparency International Zambia (TIZ) Executive Director Goodwell Lungu has told the tribunal investigating Justice Minister Wynter Kabimba that his organization wrote to the Electoral Commission of Zambia (ECZ) over its concerns on the nullification of parliamentary seats due to corruption activities.

Mr. Lungu said TIZ was concerned that candidates whose seats were nullified on account of corruption were allowed to re-contest their seats saying it was against the electoral law.

He noted that according to the law, candidates whose seats are nullified for involving themselves in corruption should be blocked from re-contesting their seats for the next five years.

Mr. Lungu said in his letter to ECZ, he asked the commission to interpret the law to make TIZ understand why it was allowing candidates whose seats were nullified as a result of corruption to participate in a subsequent by-election.

He added that the intention TIZ to write to ECZ was to clean up the electoral process and ensure that corrupt candidates were blocked from standing for the next by-elections in accordance with the law.

And in response to the petitioners’ lawyer Makebi Zulu who asked if TIZ recognizes the independence of the Judiciary, Mr. Lungu responded in the affirmative but said it could not write to the judiciary over the nullification of parliamentary seats because it (judiciary) did not conduct elections in the country.

He said unlike the judiciary, ECZ was mandated to conduct elections in the country hence his organisation’s decision to write to ECZ and not the judiciary.

And when he was asked about the circulation of the letter, Mr. Lungu revealed that he shared it with the media who covered it extensively so that ECZ could act and for other stakeholders to join the debate on the matter.

And Chairperson of the tribunal, Acting Supreme Court Judge Evans Hamaundu said his team needed time to look at the case and see if there could be any critical areas that need witnesses to testify.

Justice Hamaundu said the tribunal would subpoena witnesses if there will be need and that reasons will be given for doing so.

The proceedings have since been adjourned to Monday, January 27, 2014 for continued hearing.

The three member tribunal consisting of Justice Hamaundu and High Court Judges Justin Chashi and Gertrude Chawatama was set up to investigate whether Mr. Kabimba abused the authority of his office when he transmitted government information to the Patriotic Front PF through the party’s lawyers Ellis and Company.

The tribunal was also tasked to establish whether a litigant in an election petition gained pecuniary advantage when he used the information and whether he interfered with the judiciary when he copied the legal opinion to the Acting Chief Justice Lombe Chibesakunda.

ZANIS

5 COMMENTS

  1. FOOLISHNESS IN ZAMBIA IS BECOMING A HABIT, ZAMBIA IS A POOR COUNTRY WITH POOR LEADERS WITH POOR MINDS AND DIRTY MINDS CLEAN UP UR DIRTY HEARTS YOU FOOLISH ZEDIANS

  2. Mr. Lungu said TIZ was concerned that candidates whose seats were nullified on account of corruption were allowed to re-contest their seats saying it was against the electoral law. Was he testifying against or for?

    • If candidate is sponsored by a party and the said campaigns for the candidate, who is supposed to blocked? MMD and not individuals.
      Secondly Kabimba wear two jackets as Minister and Secretary general.
      Did courts establish that individuals were corrupt or the party?
      When you cite law, on which cap are you basing your argument?

      Confusing surely

    • @illogical
      A tribunal sits to listen and establish facts. Lungu does not have to be on any side but can be subpoenaed to tell what he knows and his part. He is the instigator of the issue that attracted the selfish interests of the PF’s SG and justice Minister. Having said that, his testimony can only work against Kabimba in the fact that Lungu who started the query, did not copy his letter to the Acting Chief Justice which only begs the question, why Kabimba feel it necessary. Kabimba said it was out of transparency, but then why did he not include TIZ in his correspondence, since the legal opinion was not “classified” and TIZ initiated the whole thing and had a keen interest.

  3. Ka Goodwell Lungu is just a useless chap. The law says that a person convicted of corruption should not be allowed to contest!!! Its not about mere hearsay as we see happening now in the political arena!!!

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