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Former President Rupiah Banda Comments on his Immunity Restoration

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

FORMER Republican president Rupiah Banda has said a new era has come for Zambia to focus on public dialogue instead of personally motivated cycles of vengeance.

Mr Banda, who was commenting on the restoration of his immunity by the High Court, said that time had come for the country to move forward into a new period of public dialogue.

“People are tired of these personally motivated cycles of vengeance of score-settling. Zambians deserve leadership without insults, honest debate instead of attacks, and, above all, unity in place of division,” Mr Banda said.

He said this in a statement issued by his administrative assistant Mikatazo Wakumelo.

Mr Banda’s immunity was lifted by Parliament in March 2013, after he lost elections to the then President Michael Sata. It was restored last week.

He said he was grateful to the Members of Parliament (MPs) who fought against the motion of lifting his immunity which was taken to Parliament by former Justice Minister Wynter Kabimba on March 15, 2013.

Mr Banda said he was grateful to all those who made it possible for the restoration of his constitutionally mandated presidential provisions in last week’s High Court decision.

He said that the decision closed the chapter on a difficult period of history characterised by falsehoods and provocation aimed at dividing Zambians.

“I also wish to extend profound gratefulness to all those who came out to support me at court and other venues. I also thank the MPs who signed as sureties for bond and bail. I thank my legal team for their tireless dedication and pursuit of justice, and my family’s unwavering support,” Mr Banda said.

He said his family and friends stood firm on what was right and what was true, saying that the result would not have been possible without their help.

Mr Banda said since his leaving office four and half years ago, Zambia had experienced dramatic changes, some positive and some tragic.

Time had come, he said, for Zambians to move into a new era of public dialogue instead of vengeance.

Last Week, the High Court 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.

53 COMMENTS

  1. The era of hate crusaders kniwn for being on steroid of hatred and stalking is surely over. Enjoy your freedom sir.

    • President Obama is in Cuba a very powerful symbolism agai nst an era of belligerence. Godspeed to the wise in power. Let reason reign.

    • We can’t build a country on paranoid Groutthink theories of lies that only knows hatred and injury of others. One can be born out of ubuchende but manifest love to avoid growING with hatred and xenophobia against every man in society unlike Members and his new friend. The country is not responsible for the fate of nit experience love of a father figure. The same was the mindset if Shakazulu.

    • @ pretty, very true. RB will never have a clear conscience for as long as he lives. He has committed crimes for which he knows he must pay and has compromised our corrupt president into protecting him. Sadly enough outgoing PF president Lungu will face the same persecution after August 2016. Politicians just never learn

    • @ Senior Citizen

      Rupia Banda was born as a crook, lives as a crook, will die as a crook.

      That his, Rupia Banda, corrupt followers are now in the ruling party, does not make this plunderer honest man.

      He was born as a crook, lives as a crook, will die as a crook.

    • It would have been wise to stay mute than have the last laugh on people who were merely seeking accountability on their missing resources that somebody probably pocketed under his watch. Zambian shall never know the truth here since the matter has been stopped for political expediency.

    • RUPIAH BANDA IS JUST YAPPING HERE. BANDA DESERVED TO BE PROSECUTED FOR THE PLUNDER HE COMMITTED WHEN HE WAS PRESIDENT OF ZAMBIA. AND LOOK, HOW CAN LUNGU TALK OF UNITY AND PEACE WHEN HE IS LUNGU’S MENTOR, AND LUNGU IS THE ONE FANNING VIOLENCE IN OUR COUNTRY. LUNGU AND HIS PF HAVE INSULTED THE FEMALE FOLKS IN THE COUNTRY. HOW CAN YOU STRIP A WOMAN NAKED IN PUBLIC AND IN BROAD DAY LIGHT? THIS IS INSANITY BY PF. COME AUGUST 11 VOTE PF OUT! VIVA HH VIVA! VIVA UPND VIVA!

    • RB please, tell that to Lungu & visionless PF bandits.
      In fact, its PF orchestrating politics of vengeance on opposition political parties, especially UPND.
      This is surely a dedication to PF bandits of Lungu by bandit RB. RB unhooked FTJ from facing jail after Dr Mwanawasa’s demise in hoodwinking gullible Zambians (PF) to also unhook RB due to his MMDs corruption. Lungu won’t be spared, especially PF cadres without immunity.
      Lungu & PF voted for immunity removal of RB, but the rotten justice system of PF is biased.
      Vote wisely
      The Skeleton Key
      ~206~

    • Thieves in the corridors of power who have stollen so much from the masses have let him free with the hope that once we have a new government in august, the new government will also not pursue them. They lie bad. watch the space.

    • RB’s Brother-In-Law has £1.5m in his London Bank Account. This guy is an Investment Banker with an innoculate IT Executive background. This money was hidden. Now that RB is free, they will spend it.

    • What happens to knowingly or knowingly erring former presidents in this purported New Era? And is there no opportunity to champion high quality leadership for the sake of a better Zambia for the sake of our children and grandchildren? RB SHUT UP.

    • Why do u need immunity if you are not a criminal. Your great desire for immunity until you have it is a clear indication that you have something to hide. What a shame. You are not even ashamed to demand for the immunity. You have no morales RB and yo relatives

  2. Corruption game too strong, someone in Shangombo doesn’t even have any idea on what is happening. All they see are roads because at the end of the day they’ll eat roads.

    • Bembas claim to be brave and numerous in number.when you take a closer look at them they work like wild dogs they are cowards but believe in making allainces to try and get what they want.What iam talking off.It was Sata who removed Bandas’ immunity now that Sata is dead they betray him because they know that they are not many as they claim they form an alliance with the easterners and hide behind an incompetent Lungu who they know can manipulate. Time is catching up with them only those that are wise and are able to smell the coffee in a cup have joined HH.These evil alliances will crumble but HH will form an alliance with the people Zambia.

    • @King David: I sympathise. The so-called Bemba majority are now targeting Tongas because Bemba leadership has been tried since 2011 and found wanting. There’s no way Bembas can claim to speak for Zambians when they looted the country at the first opportunity. This divisive group should be kept away from power for a long time to come.

    • @King David,
      @Buck Teeth Lungu,
      Your tribal comments are misleading. Any adult who has been following the events in Zambia knows that it was the protest vote that kicked Banda out of office due to HIS CORRUPTION practices. This is what led to his immunity to be lifted by Sata’s PF Govt. It was NOT BASED on tribalism.
      Your misguided belief in tribalism and all that trash has formed a screen of logic thru which you see the entire World around you. Racism and tribalism is for backward small-minded prejudiced people with self-limiting beliefs. Period.

  3. There is a difference between vengeance and and justice. Pres. Banda knows very little about justice. No one is above the law, yet that is not the case in our beautiful and flawed nation.

  4. RB they let you off on a technicality. The proof is there that you banked commissions and inducments from Nigerian oil monies.
    The message should be don’t abuse office if you you don’t want to be pursued. Not I am an old man and I tried my best as president, so don’t pursue me.

  5. RB thinks his problems are over, but they are not. He thought because Chiluba did it (stealing)and got away with it, he could also do it and get away with it. Chiluba was saved only by death but RB is still very much alive and a possible jail term awaits him patiently. When you are head of state and living a luxurious millionaire lifestyle in state house, the last thing on your mind is stealing from hard pressed poor tax payers. Why did he do it?. Like Pretty above said, true freedom is when your conscience isn’t tormenting you. But may be RB’s conscience is dead. In his eighties he is still grappling with problems associated with children in their delinquent stage of youth! Stealing! Shame!

  6. Restortion of immunity can only be done by parliament.mere stopping of the case in court does not automatically make u immuned.pls laz explain this to people

  7. Comment:Where was equality and fairnes in the judgement?It is a well known fact that the man was very poor b4 he ascended to the postion of president.
    In zambia thier’s a law for poor pipo and law for dubious self made milliniores like RB.
    Rb should have gone to the gallows so that a prescedent is set to deter those that are aspiring to the high office.

  8. A Christian country missing the point. True forgiveness comes from remorse, penance and reparation for wrongs done. Our conscience is our judge, unless if it is dead. No mortal being removes stain of sin, except God!

  9. You cannot restore virginity once it is violated! You cannot restore immunity once it is removed! What are you covering? Are you covering crimes committed before he became president or those commited when he served as president or those he is committing after retiring? Shouldn’t laws have meaning in real life?

  10. Misango Yaba Chaimani
    He who accuses must prove. Govt failed to prove its allegations against RB so in fairness his immunity is restored. You can kiss my black ass if you don’t like it. That is justice. Period.

    • Shu shu shu, if he did not do any wrong why does he want the immunity or yu have chosen to deceive yourself. Well don’t try to deceive us as well, yu won’t succeed. We are not foolish like u

    • Shu shu shu. Mutembo had the guts to prove RB’s guilt. Don’t you think that is why ECL has been fighting tooth and nail to remove him? How does RB explain the millions of US$’s he acquired when he was President? RB was a penniless farmer from Nyakutwa!

    • This is the point many are missing. In fact was it not UPND mps who voted against the removal of RB’s immunity. Was it not HH who accompanied RB to court during his court case? Is it not the case that the case that RB was charged in court was not the same that precipitated the removal of his immunity? Was it not the case that the star witness brought to Zambia from Nigeria at tax payers’ expense actually exonerated RB and so it is not true that he got off on a mere technicality? Are UPND supporters conveniently forgetting that the whole RB saga emanates from his and Siliya’s refusal to write off Membe and Mutembo’s debt after RB assumed the presidency in 2008? You can say whatever you want about RB, but under his tenure the economy grew despite a global downturn and the so-called…

    • Truth is RB is a criminal and that’s why he has been begging for the immunity but its such a shame and immoral to demand immunity because what RB is saying is that ‘I am a thief please ECL protect me

    • Please provide the evidence and dont just spew what you have learnt from Membe and Nchito who owe the Zambian tax payer millions.

    • Mpendula you’ve spoken sense.
      Jay Jay you lazy bum, learn to read widely and formulate your own opinion. Don’t swallow everything the post says and spew hatred without proper reasons you I’d!ot.

    • Mhendula Kayula. Can RB explain how he became a US Dollar Millionaire from a penniless farmer? KK ruled for 27 years and yet he has nothing to show for it. He is a clean man with a clean conscience who does fight tooth and nail for his immunity.
      You, on the other hand, are just a lazo! How did you become so rich? Why is your son Henry a fugitive from justice? Explain the Nigerian Oil deal. Why did you fight so hard to have Mutembo Nchito removed as DPP?

  11. @ Senior Citizen
    Direct your comments to late president Sata in the grave.
    Late Sata gathered sufficient evidence to engineer the lifting of RB immunity and cases involving plunder and fraud are still in court. Presidential immunity can only be lifted by parliament and procedural justice demands that only parliament can restore such immunity. Parliament inacts laws of the land and not judiciary which is only one of the arms of government.
    PF has betrayed its departed leader Mr Michael Chilufya Sata, a legacy PF government will ashamedly be remembered for in Zambia.

  12. My advice to you sir is simple,retire completely from active politics,go to your farm and start cultivating kandolo.kuti mwa amba nokuteka imbeba.

  13. That is why you get when you live in a sh!t box called Zambia. Politicians are busy stealing and enriching their relatives, while the poor are busy knifing each other in the streets. This makes me very, very sad! You work so hard and some fool picked from the village comes in and steal tax payers money and enrich his children and concubines.
    This scumbag should be in jail!

  14. Mwanya we shall reverse that on the 20th of August i. mediately HH is sworn in. There is no such provision in the constitution where the court restores a thieve’s immunity. this is utter nosense.

    • That will be interesting because HH was one of the people who used to accompany RB to court in support. If anyone knows that there was no evidence it should be HH as he was in the very courts that failed to prove BEYOND REASONABLE DOUBT that RB was guilty. Also if HH will come to office to fix certain people then he is no better than the same people he condemns day in and day out. Also if HH is truly a champion against corruption then he should clearly say how he amassed his vast wealth and he should not be gallivanting with the likes of GBM who according to his mouthpiece the Watchdog was engaged in massive corruption when he was Defence Minister and he certainly should not be gallivanting with Fred Membe who owes the tax payer millions and who avoided paying tax to ZRA.

    • @anonymous, do you have any rational logic to your assertions, you seem robotic in your repetitions of Post Newspaper nosense about RB. See a very intelligent rebuttal from @mphendula-kayaula!

    • Honestly, how does a normal court restore immunity to a criminal. that CJ is an easterner they are all related- criminals

    • So if RB was found with no case, why does he want the immunity. Clearly RB and his relatives are criminals, thieves who want to continue plundering ZAbian in the name of assisting PF- shame

    • If HH is coming to reverse R.B’S restored immunity then I have to say that you are all dander heads and lack vision. RB and his cases are as old as dinosaurs you half wit. I must add that I would rather stick to Lungu then.

  15. Sometimes I fail to understand how some people use their brains, upnd cadres am shocked that you can forget so fast. When you wanted to use RB you said he was being persecuted HH was in the forefront defending RB but today because you have gone to bed with membe things have changed. People lets be sincere with ourselves integrity is important at all times. I know you want to use anything that will give HH an opportunity to state hse. Let’s not be so desperate.

  16. Rupiah Should not forget that God is ever watching.us. His wicked ways will catch up with him. He should repent and ask for forgiveness if he wants to at least have a fighting chance of being brought into God’s house when he is nolonger of this world. Otherwise the fires of hell await his arrival. Chiluba thought he ‘d get away with murderbut where is he now? He died a very miserable anand lonely death. He body was unceremoniously thrown in a funeral vehicle when they went to pick it up from his house. Rupiah’s day of reckoning is coming

  17. Imwe ba mambala do u know who puts up and removes immunity? It is not a one man show, it is out of concerted efforts of MPs Bafikala alah!

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