President Rupiah Banda at Statehouse
President Rupiah Banda at Statehouse

CHIEF Government spokesperson Chishimba Kambwili says Government has not taken any position on restoration of former President Rupiah Banda’s immunity.

On June 29, 2015, the Lusaka Magistrate’s Court acquitted Mr Banda of abuse of authority of office involving a US$2.5 million government-to-government oil deal between Zambia and Nigeria.

Mr Kambwili, who is Minister of Information and Broadcasting Services, said in an interview yesterday that it is up to Mr Banda to start the process of restoring his immunity if he so wishes.
“As Government, we have not taken any position. He has the right to apply for his immunity,” Mr Kambwili said.

However, parliamentary Chief Whip Yamfwa Mukanga says the fact that the courts of law cleared Mr Banda of corruption charges means that his immunity was automatically restored and there is no need to table a motion in Parliament.

Mr Mukanga said the Patriotic Front (PF) has no intention of taking to Parliament a motion seeking to restore Mr Banda’s immunity because he has already been cleared by the courts of law.

“What process is there to restore someone’s immunity? If the courts of law find someone clean, then it is automatic that they get back their immunity,” he said.

Mr Mukanga was reacting to calls by some civil society groups who have been calling for the restoration of Mr Banda’s immunity because the courts of law have acquitted him.

Mr Mukanga said PF will not even consider tabling such a motion in Parliament.

“As far as the party is concerned, former President Rupiah Banda’s immunity was restored the moment the courts cleared him of graft charges,” he said.

In 2013, Parliament lifted Mr Banda’s immunity from prosecution because of alleged corrupt activities and misappropriation of public funds.

Mr Banda was later prosecuted in the courts of law but was last month acquitted of abuse of authority of office involving a US$2.5 million government-to-government oil deal.

Ndola High Court deputy registrar Joshua Banda, sitting as Lusaka chief resident magistrate, said the prosecution failed to prove its case beyond reasonable doubt to warrant placing the former President on his defence.
Mr Banda, who delivered a one-and-a-half-hour ruling in a fully-packed courtroom, said: “I am satisfied that evidence laid before this court is not sufficient to place the accused on his defence. Therefore, this case is dismissed according to Section 206 of the Criminal Procedure Code (CPC).

“The consequence of this is that the accused person is acquitted and leave to appeal is granted,” Mr Banda said.

The former President was charged with one count of abuse of authority of office contrary to section 99 (1) of the Penal Code Chapter 87 of the Laws of Zambia.

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26 COMMENTS

  1. Is it Mr Mukanga that Mr Sata called in front of TV cameras that ulicipuba?? He sounds like cipuba really…!!

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    • Mukanga!!!, you are disappointing me. How can you say such things? the court did not lifted his immunity, it was Parliament, and thus parliament should restore it if he deserves it.

      How on earth can a subordinate court restore immunity?
      If there is no procedure for Parliament to restore it, don’t comment and ask the high court, AG or ministry of Justice to guide some of those convicted Felons in Parliament.

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    • The same clowns voted for the removal of RB’s immunity. Only GBM and Chikwanda in PF abstained. Even Edgar, a Lawyer voted for immunity removal, meaning the were convinced beyond doubt that RB was corrupt. Removing immunity fro a former head of state is something you don’t do lightly. So why don’t they appeal and let the due course of the law run?

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    • Kanitundila still has another case of corruption in court over the 10 Chinese trucks that he corruptly acquired.

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    • @Action Man (1.4)
      I thought, “spot on!” when I read the first part of your contribution. Yes, RB still has one case in Court that needs to be determined and closed before this immunity issue can take off. But then you went on to say “that he corruptly aquired”.
      I think, it doesnt take a mathematician to figure out that this is equally part and parcel of the frivolous cases designed to cage RB.
      RB was President of Zambia and most likely he did engage in corrupt activities to enrich himself, but receiving 10 used trucks (on behalf of Govt) that the oweners didnt want is certainly not one to count as corruption in my view. What use would these trucks valued at K40,000 each be him when he has amassed millions in $? Lets find tangible evidence and not be mislead by the Post Newspaper

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  2. I think there is need to restore the immunity formally. Parliament removed the immunity and Parliament should restore it.

    The removal was unlawful because the matter was in court then. What stops Kabimba (when he becomes President, God forbid) to claim that the immunity is still stripped and initiate fresh and false charges?.

    Remember these guys (Tumembo Nthochi, Frediano and Summer Kambewa, alias the Cartel) are not happy and they will be prepared to use illegal means to harass their political opponents, like they demonstrated in the few years they were in charge.

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  3. It was once said during Chiluba tines that; though our constitution provides a process for removing immunity, it does not state how lost immunity can be restored.

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    • Dull chap. This kind of thinking is for cheap minds. The Judge read the reasons for the dismissal of the case.

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    • The judge who cleared RB was put on the case by Nchito and is a member of the cartel. He had to clear RB because there was no evidence that was beyond reasonable doubt that RB was guilty. Remember the main prosecution witness brought to Zambia by Nchito himself broke down in court and exonerated RB. Your hatred for RB is such that you would want him to spend time in jail for no apparent reason. Your hatred is so much that if you saw RB walking on water you would dismiss it and accuse of him of not being able to swim!

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  4. I had a dream that his immunity has to remain in limbo until they are certain that he has no ambitions of standing as a presidential candidate.

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    • Why shouldnt he when he is a citizen of Zambia and entitled to stand at least for another term.
      Grow up and allow your brain to function as it is designed to

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    • It is a dull and stupit comment by a dull and stupit PF clown.

      While Zambia is suffering LOAD SHEDDING because of PF incompetence, this idjot kwambili has now proved he is suffering from an untreatable case of BRAIN SHEDDING!

      He is proof that DISASTER and PF are the same thing.

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  5. PF is a circus & Sata was right in his description of his ministers. Maybe they should consider Dora as their spokesperson

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  6. Was the removal of immunity tied soley to the oilgate case alone for this Minister to say the acquital automatically restored it? In Zambia, like in any plasce, we really hold divergent views of nearly everything from budget deficit to Load shedding and other subjects, but that does not mean the right to stating and publishing our wierd views all the time, like this – better keep quiet!

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  7. The same ministers who took him to court saved him from prosecution. What a worst of government resources. We have f..ls who believe in this government. You will still vote for them because you are cheap votes.

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  8. Look guys, you took the removal of immunity on RB to parliament and if you do not wish to continue(PF) with the case in the High and eventually Supreme courts, take the issue back to Parliament and restore RB’s Immunity. It is really Challenging to understand PF’s thinking. You start something you can not finish. Let the Attorney General guide you on this one. You are just shooting in the dark……..You started something and even ECL voted for the removal of RB’s immunity but today just kuwayawaya fye……sad! GBM and Chikwanda at that time were the only ones that had trended consciously on this matter and remained neutral.Clearly this comes from the electoral pact that you had entered with RB. This will not go on forever…..time will catch you with your hands down.

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  9. Jameson Lungu is waiting in the queue for immunity lifting!

    Do unto others and expect it to be done to yourself!

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  10. Mr. MUKANGA is one of the dullest minister nowoder he talks about high speed trains when the rail cannot support that. Love of money by means of allowance

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  11. Only thieves need immunity. Honorable servants of the people do not need immunity. That is why I do not vote as it is a waste of my valuable time. What is the significance of voting, when my and needs of the people are never met? They are all a bunch of fortune seekers that do not deserve any sympathy unless ” nimwana wa nyoko.” My mother never raised no fool. Continue voting and dreaming that one day you have more money your pathetic pockets.

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  12. Welcome to the game of polictics 101. Chilubi inititated the immunity clause to protect himself from all the wrongs and damage he had done to the voters he had sworn to serve and protect. The only president that can earn my vote is the one that does away with immunity. We need to set standards for our leaders if they intend to earn our votes? It is sad that our poverty stricken semi-educated country folks have turned against each other, yet the fortune seekers dine and drink together at parliament motel. Is your life far less important than that of those that you are protecting..again..”nimwana wa nyoko.” Lungu told you wako ni wako…..wake up and do not waste your vote or life for nothing. Nothing will change under HH as he has already associated himself with plunderers and thieves.

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  13. Devoting your time/energy/money to philanthropic deeds is more honorable than wasting it on politicians or men/women that already have both….. money and power. The rich will always fight for the rich…does not matter….black or white..! Could someone tell or show a politician that has not increased their wealth since being in office and I will show you an angel….? Except for one honorable leader from the eastern block who lives a humble life..! please note that I referred to him as honorable leader not politician. There is difference between a leader and a politician, sad that the majority of my country folk can not tell the difference. No wonder they keep voting for politicians and expect for change…! Change from who…politicians….! Who is the greatest leader?

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