Friday, April 12, 2024

President Lungu is safe from Prosecution, but not his Ministers and other officials- John Sangwa

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Constitutional lawyer John Sangwa has said that President Edgar Lungu is safe from any form of prosecution as he enjoys Constitutional Immunity.

Mr. Sangwa was speaking when he appeared on Radio Phoenix “Let the People Talk”, Mr Sangwa, however, said that former Ministers and other officials have no such protection and maybe prosecuted for their suspected offences or wrongs.

Mr Sangwa said a process to lift a former president’s immunity was strengthened and is now rigorous as stipulated in the 2016 Constitution.

Mr Sangwa also cautioned the President-Elect when he assumes office next week, to be slow to fire people in the civil service and Zambia’s diplomats, adding that any dismissal should be guided by whether those individuals performed well or not.

Mr Sangwa said people should not be fired on the suspicions that they belonged to the Patriotic Front as this would.be a repeat of where suspected members of UPND were dismissed or retired in the national interest.

Sangwa also dismissed proposals of a reconciliation commission or extending Amnesty to suspected criminals who could have stolen or plundered national resources and urged President Hakainde Hichilema to strengthen law enforcement agencies to prosecute such cases.

Mr Sangwa also said that he performs his public advocacy work not to earn a presidential appointment or job but to serve the Republic and protect the Constitution.

35 COMMENTS

  1. Sangwa John, I differ with you on this one, civil service and diplomatic missions are full of PF cadres and they must be removed.

    Bally is bringing qualified and professional civil servants to occupy those posts.

    Zambia Forward!

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  2. REALLY ???
    THEN LET EVERYONE GO SCOT FREE>> HOW WILL WE MAKE PRESIDENTS ACCOUTABLE IN THE FUTURE HEY ??
    IS ANIMAL FARM COPY PASTE HERE ??

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  3. Sangwapo the job seeker is desperate for a job that he will bark like a dog for upnd. Fuseke

    In honour of the new presidency, I have decided to rename my house dog. We have now called our dog HH. We have called our 2 pet cats nalumango and little garry

    A wise man once said if you want to know the son, look at the father. Does anyone have data on HHs father you people? I am asking on behalf of my garden boy.

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  4. IF THE PRESIDENT IS INNOCENT WHAT IS THERE FOR HIM TO WORRY ABOUT ???
    OTHERWISE HE WILL ALWAYS BE REMEMBERED BY “SOME” AS THE THIEVING LOOTING PRESIDENT AND I AM SURE HE WOULDNT LIKE THAT
    So lets hope he clears his name

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  5. As soon as a president becomes a former president the immunity should end. I’m sure Edgar China Lungu is a professional thief and he has enriched his family (especially his son, got NINE farms in Kanakantapa in the last twelve months) knowing nobody can touch him. Wrong, plain wrong!

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  6. It will not be revenge, it will be getting our money back, don’t confuse the two. I see many by elections this year as the truth is revealed.

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  7. Just look at serious countries like South Africa, South Korea,Japan,Peru….parliament can lift his immunity…..Lungu was running a criminal enterprise from state house..

    This is one crook who needs to face justice for looting..

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  8. Fa John Sangwa how did you come to that conclusion that it is only the Ministers and other officials that will face Persecution. For every gang of thugs there is a LEADER. ECL was the leader of PF and must also be held accountable . ECL knew exactly what his officials were doing and did not do anything to STOP them??

    The million dollar question is How did ECL accumulate all that wealth?? Prior to him becoming president he did not have that kind of money. The new administration must follow the money. It is the only way to deter elected officials from robbing Zambia dry.

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  9. No he is saying ECL can be accountable but first you have to lift his immunity and the rigors of doing so a stringent ..however for bow wow….the cardres, commanders with a small c…therelizno ….thats why the state has been quick to freeze certain suspicious accounts holding huge sums of cash…some from a failing hotel…unoccupied accommodation…and basically looted…..

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  10. I totally agree with Sangwa. UPND should avoid making the same mistake that PF made when they decided to recall nearly all diplomats upon coming into power simply because they had been sent into the foreign service by its predecessor, MMD and not because they were incompetent. The result was that there was confusion in most foreign missions because the new people sent to replace them did not know where to start from as there was no proper handover, Recalls should be done in phases and not all at once.

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  11. The plunderers narrative is a wild goose chase. Upnd should just concentrate on reforming ZP, ACC and DEC and come up with specialised corruption units.

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  12. @KZ never states anything constructive, even in a new dispensation. Your diatribes are tiring. No one is stopped from expressing their views, but then yours are always vile and uncouth – exactly why your likes are no longer in power. Lets be serious for once. Will you still be a plant here for your masters for the next five years – with your gibbering?

    ECL can be prosecuted if his immunity is lifted – though, as if in foresight, the process was made harder by some changes in 2016. Where cases are established with evidence (and there are many) prosecutions should go ahead, including taking away ECL’s immunity if need be.

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  13. You only prosecute those in government but you allow thieves to go free since they were not in government, this law of the land is not fair if you had been a criminal but you end up to be a president then there is no case to answer.

  14. Jo.hn San.gwa halted the 3rd te.rm. He guided you. Then he says he was driven by patriotism, and not dime! As head of grz, HEHH will enlist the constitutional lawyer to Concourt or similar portfolio to thank him.
    Do you remember how PF embarrassed diplomats in 2011/2012? Most political supporters do their part to be rewarded in foreign service, parastatal, markets/stations, boards, defence, et cetera. The advice won’t be heeded. Time to share s.p.o.ils.

  15. The lawyer says, if you really want your embezzled riches back, start with the small fishes first.
    When RB immunity was quashed by PF, the first to cry foul were UPND, that it was witch hunt and persecution. UPND are willing to do things differently. How so? We are yet to see and know. We voted for change. How changed are we?

  16. @kanamaso kakubeka recalling in phases sounds like a good idea, but what good will it do if the current diplomats were ineffective in their positions. Let us not forget that many of the diplomats under PF are relatives of officials including ECL relatives who were not qualified and have no business holding those position. The lack of knowledge and qualification is usually the culprit behind the confusion in most foreign missions.
    The entire system needs to be overhauled to get rid of all the deep rooted corruption. There must be no unqualified holdovers.

  17. Sangwa is my man but he should look into advising the presidency to stop appointments of permanent secretaries. These posts are not for political cadres but for professional civil servants. The president should limit his appointments to cabinet period.

  18. The fight against corruption should not only be directed at politicians but all civil servants .Everyone who worked in government for the past 30 years or still works in the civil service should be subjected to an audit. Any houses built or assets like cars, commercial buildings, lands and the like owned, must be supported by the source of finances. Which bank loaned them the money at the time of purchase? Where is the bank statement showing their savings upto the time purchase? Did they get a bonus to the tune of the cost of the asset? Anyone who bought a house or car through travel allowances its corruption. Supplying government as a civil servant is corruption.Lets fight corruption. If we do this then we have fought corruption.

  19. On top of drgging PF minister to court for corruption, PF , the party will be found to owe Zambians billions of kwacha……

    Every PF campaign gimmick paid for by tax payers , from the many alewlelapo songs to the ZAF c

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  20. Iwe Kaizer Zulu, you’re a convict walking. Why aren’t you in prison already? We have to lift ECL’s immunity and send him to Chimbokaila together with you. Zuma is in prison. So what’s so special about corrupt Lungu? You both belong in prison. Bakabwalala imwe.

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  21. Please Bally! Recall the following diplomats.
    1. Emmanuel Mwamba – Ethiopia
    2. Anthony Mukwita – Germany
    3. Judith Kabinjimpanga – India
    4. Ex father Bwalya- Australia (He behaved well in the last years)
    5. Hapunda jr.- destination not known.
    These are toxic people hell bent on causing pandemonium. You leave them on your peril. It’s like getting kaizer Zulu as your political advisor.

  22. This has to be time to reflect for Zambians. With all due respect to John Sangwa, this is time to look back and re-evaluate whether or not guardrails are there for any president. We have to deal with crime in an appropriate manner. The judiciary, Police, Parliament, civil service became non-existent because of our very weak Constitution. It was all too easy for ECL to do outrageous things, which encouraged his ministers and PF cadres. Sever punishment has to be meted to him and everyone else found guilty. This shouldn’t be politics, but just the reset to rule of law. After that we change the Constitution completely. No more of this nonsense. No pension for a thieving persident.

  23. It would certainly be nice if ALL civil service (vacant ) and diplomatic positions were advertised. It would give an opportunity to citizenry who’d normally not have an opportunity to vie for these jobs to do so. I guess we can only but dream.

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  24. Sangwa you cannot speak on behalf of the President. He is going to do what is in the best interest of the nation. There has to be accountability for the corrupt debt of $20bn. The Zambian people cannot be subjected to austerity. The goverment has to recover all the wealth that was illegally got by Lungu and PF theives. A precedence has to be set so that in future the would be theives of public funds should think twice about stealing.
    With the service he has to reduce retirementage back 55 years to allow space for young people to get jobs in goverment. With the diplomat missions he has to purge all PF caders and reduce the number of misssions to an acceptable level.

  25. If you don’t lock up eddy at least get back the money he stole. You sound more like being president is licence you steal.Bring back the money chagwa.

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