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Alba Iulia
Wednesday, August 12, 2020

High Court restores RB immunity

General News High Court restores RB immunity

Former president Rupiah Banda with Mulenga Sata
Former president Rupiah Banda with Mulenga Sata

THE High Court has restored former President Rupiah Banda’s legal immunity and has stopped his prosecution in the courts of law following an agreement between his lawyers and the State.

This was in a case in which Mr Banda was seeking judicial review of the decision of the Speaker of the National Assembly Patrick Matibini to strip him of his legal immunity and subject him to criminal prosecution.

According to a consent order signed by the two parties and confirmed by High Court Judge Annie Sitali, the decision of the National Assembly has been rendered null and void.

The order restores Mr Banda’s immunity and is, therefore, deemed not to have been removed and the decision of the Director of Public Prosecutions (DPP) to prosecute him for offences of corrupt practices and concealing gratification has been quashed.

It was argued that the offences were not part of the allegations tabled before the National Assembly prior to the removal of Mr Banda’s immunity from prosecution and for this decision to be quashed.

“By consent of the both parties each through their respective advocates, it is hereby adjudged that the following order be and are hereby granted: an order of certiorari to remove in this honourable court for the purposes of quashing the decision of the learned Director of Public Prosecutions…,” part of the consent order reads.

The consent order was signed following extensive discussion between the Attorney General and Mr Banda’s lawyers and this move was later communicated to Justice Sitali.

On March 15, 2013, the National Assembly resolved that Mr Banda as former President, be subjected to criminal prosecution in the courts of law for acts that he did or omitted to in his personal capacity.

30 COMMENTS

  1. Ndipo iyi ni immunity ya anyoko.

    UPND will restore rule of law and give the Zambian people the justice that is theirs.

    • We shall reverse this fraudulent decision. RB’s theft case was against the people of Zambia, not the PF government. In fact we shall add Edgar Lungu to the list of criminals to drag to court for instigating violence while rushing to the church and claiming to be a humble leader.

    • Bull $¥!?!
      Useless!
      PF corrupt bandits & cadres full of mediocrity have no immunity. So its only visionless Lungu & RB who have immunity, but come 11~8~17, these two bandits shall be stripped.
      As for anarchists of Davis Chama, Dora, Mumbi Phiri, Kambwili, Kaiser Zulu, Frankless Bwalya, Chanda & all charlatans will be jailed. Remember, you violent minions have NO IMMUNITY & 2 months left.
      RB & Lungu, your time too is near, Mwapya muzalila myala!
      RB smelling defeat of visionless Lungu & PF, trying to “shield” himself mambala.
      Vote 4 Wards, HH & UPND.
      The Skeleton Key
      ~206~

    • Lungu has a straightforward case of treason that can be laid against him. In late 2014,in his bid to oust Guy Scott as Acting President, Lungu disclosed Cabinet proceedings to Newton Ng’uni who was not a Cabinet Minister or even in govt. This is on record in the courts. Lungu is not even fit to be President as he has broken the Official Secrets Act in pursuit of his selfish personal interest. That’s why
      #ChagwaMustFall

    • Sondashi has a case against RB, has he also done a consent order? This is appalling. Kick Lungu out on August 11

    • How? Isn`t it Parliament that is supposed to do that? Things that happen in Zambia.

    • I do not know if this legal but I sure would like to hear arrogant Kabimba s views.He really irritated me when he wanted to act like Mwanawasa over the equally disappointing RB.

  2. Very sad development that everything in Zambia is perceived through a political lense. However, let’s move forward

  3. As Kabimba would ask “Is it the court that removed RBs huminity? Answer me. The answer is a categorical No bwana. Is it parliament that removed RBs huminity? The answer is yes bwana. So why is the court installing something that they didn’t remove?”

    • Has it not been explained in law that where immunity is removed for the sake of prosecution and the person is not found guilty, his immunity is deemed not to have been removed? It automatically becomes as if the immunity was not removed in the first place.

  4. Why should these individuals have immunity anyway. Why should the constitution protect them for committing common crimes. Its time we did away with this immunity bullsh!t. Let’s prosecute them when they steal even while in office.
    There should be other means (like having parliamentary approval) that will protect them for undertaking certain duties in national interest that border on crime.

  5. What is the process, in the Zambia constitution, of restoring immunity? is this process defined?

    the process used in RB’s case looks, at the least, suspicious. HH will come and correct things!

  6. Comment:If RB is innocent why has he been fighting very hard to have is immunity restored?
    my own opinion is that there are some skeletons in the closet.
    The ruling class think they can fool the pipo all the tym but one day justice will prevail.

  7. UPND again has been vindicated in that they were against RB’s immunity removal in parliament the PF brought it with numerous accusations. Using arrogance of numbers the visionless and empty tinned PF went ahead and celebrated that victory. It is surprising now that the same gang of so called PF leaders have flip flopped for the 50th time in their 5 year reign. Legally speaking I don’t think RB’s immunity has been removed despite high court attempt to do so. RB will remain without immunity for the rest of his life.

    • @ Lucy the exact problem is seen with your own HH imagine him going to bed with Fred M’membe!, of all people for political expediency! M’membe brought and sustained the tribal tag on HH including trying to bring him down over the unfit imported meat by Zambeef, etc Now today HH apologizes to this small god M’membe (King Marker) for what? for being persecuted! .
      God forbid.

  8. PF fighting against themselves. Lucy is right. It was wrong the way the immunity was stripped in the first place. And now that it has been stripped (until few days ago at least), proper procedures should have been followed on how to “restore” it, if there is even such a thing. Dont have lawyers who can interpret such complex cases for the masses? We Zambians love short-cuts in everything, no wonder the high corruption levels.

    In fact, the first process of stripping RB of his immunity was kind of better than this quick fix to restore it. The man is far from being innocent. The case is still there. The Nigerians still want their money from RB and we Zambians think RB is innocent!! Really?!!

  9. Immunity is given by the people through the Constitution to enable a President, IN GOOD FAITH AND WITHOUT MALICE, to take certain actions during his term of tenure without fear of criminla prosecution. If the former President committed criminal/civil acts BEFORE becoming President, he or she is amenable to prosecution for those crimes. If the former President commits criminal/civil acts AFTER retirement, he or she is amenable to prosecution for those crimes.
    It follows that if the former President committed criminal acts during the subsistence of his tenure wilfully and maliciously, he or she is prosecutable. It can be proved that Banda’s criminal activities were wilful and malicious. What does restoration of immunity mean? Nothing, because during the period of removal, it is assumed…

  10. This is a new low for Zambia. Unbelievable. Can’t believe we have sunk this low. What sort of precedence doe this set? But then again what else can one expect. Some of the so-called leaders in Govt today make RB look like a saint. The PF that took over from MMD is miles apart from the PF of today. The once ‘allergic’ to corruption and deceit is now firmly ‘aligned’ to corruption and deceit.
    As we all know, when Zambia voted Sata’s PF into Govt, it was a protest vote against RB’s MMD more than anything else.
    But meanwhile, the bigger question now is: – WHAT DOES THIS DO TO INVESTOR CONFIDENCE? This of course includes Zambian investors with dual citizenship.
    Advice to HH. “Take heed. Smart people learn from their mistakes, but SMARTER people learn from other people’s mistakes before…

    • Cactus
      Yes this is disappointing.But if you followed Sata s rise to power you cant give him even an iota of credit.The man was a fraud from the beginning and as citizens it is our duty to make sure that we don’t have another Sata tomorrow.

  11. Cont’d…. before their turn comes. Your turn is coming. It’s like a relay race”
    We need to build investor confidence in Zambia.

  12. What a mess! dont we have the so called “learned friends” to help in what now appears to be politicial footbal where politicians are taking advantage of uninformed and unlearned masses? What is LAZ’s position and what benifit is LAZ to Zambia.
    Integrity and moral decay is one of the biggest problems facing our nation and until we start confronting these evils and learn how to uproot them our aspirations to ecconomical and social development will remain a mirage. I am yet to hear a politician resign on moral conviction yet the news is not short of one or other being found wanting with profond evidence.
    Lord save our beloved nation.

  13. Reminiscent of RB’s machinations to get one FTJ off the hook. “I am grateful that the people of Zambia have peacefully accepted the verdict” said RB EVEN BEFORE THE VERDICT WAS ANNOUNCED IN COURT. Soon after, RB lost the election as people protested at the polls. Now one ECL has chosen to walk the path of RB. The people are watching.

  14. SINKAMBA WISDOM – Some lawyers amazes me. How come can immunity be restored by the high court.
    In Zambia there is a lot of circus. PF government could your serve our courts from being called names

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