Foreign affairs minister Given Lubinda says the attorney general is studying the letter written to the government from its Danish counterpart following the Danish government’s refusal to extradite Former diplomat Attan Shansonga.
Mr. Lubinda told QFM news in an interview that it is only after the attorney general has given legal advice that the government will be able to decide the way forward on the matter involving Mr. Shansonga.
The minister noted that the cabinet will therefore have to wait for recommendations from the attorney general before coming up with a decision.
The Danish government wrote to its Zambian counterpart on its refusal to extradite Attan Shansonga.
Mr Attan Shansonga, who is now a British national had been in custody in Denmark for six weeks pending extradition to Zambia. The ex-ambassador was arrested at the airport in Kastrup and detained upon request from Zambia for theft of public funds.According to the Danish newspaper, the Justice department informed the judge that the Zambian authorities did not satisfy the conditions to allow Mr Attan Shansonga to be handed over to Zambia after the assessment of his case.
The Anti-Corruption Commission (ACC) arrested Mr Shansonga in 2002 and slapped him with 169 counts of theft of public funds amounting to more than US$1 million.
History of the case
In May 2007 a London High Court has held Former second republican president Dr. Frederick Chiluba and four others to have conspired in defrauding Zambia of US$25 million and US$21 million respectively from two major conspiracies.The funds were mostly siphoned from the, Zamtrop account, a London branch of the Zambia National Commercial Bank and the BK conspiracy fraud, which involved the payment of US$20 million to Mr. Richard Soriano, alias Katebe Katoto, for the supply of millitary armour to the Zambian Government.
This was in a case in which Dr. Chiluba, Former Intelligence Chief Xavier Chungu, former Finance Permanent Secretary Stella Chibanda and two former directors of Access Financial Services, Faustin Kabwe and Aaron Chungu were accused of plunder of state funds involving millions of dollars.
The same court also ruled that former Zambian ambassador to the United States Attan Shansonga, be held liable for dishonest assistance in the sum of US$2.9 million, the sums of stolen government money found in his accounts.
The genesis of the investigation of the claims pursued in the litigation was the establishment of the Task Force on Corruption by the late President Levy Mwanawasa in 2002.The Task Force was mandated to investigate allegations of plunder of national resources under Dr. Chiluba’s reign.
2010 British government response to Mr.Shansonga
In 2010 the British government said it was pursuing the Zambian Government’s request for the extradition of former Zambian High Commissioner to the United Kingdom Attan Shansonga with State authorities on government-to-government channels.However the British government’s longstanding policy and practice was neither to deny nor confirm that they had received an extradition request unless the subject had been arrested in relation to the request
The British Government said it did not have any role to play in the London High Court verdict that found second Republican president Frederick Chiluba and seven others liable for the loss of US$46 million.
The British government said Zambia had already recovered, in Belgium and elsewhere, substantial sums of money as a result of the London judgment.
“However, because Mr Shansonga was resident in England he fell under the jurisdiction of London courts. He was tried as a defendant in the above case, found liable, and the Zambian authorities subsequently recovered significant sums of money from him,” read in part, a statement issued by the Press and public affairs section of the British High Commission.
Zambian High Court judgement
In August 2010 High Court judge Evans Hamaundu set aside an order that was granted to the Attorney General in July 2007 to register a London High Court judgement against second President Frederick Chiluba and seven others(Xavier Chungu, Attan Shansonga, Stella Chibanda, Aaron Chungu, Faustin Kabwe, Ireen Kabwe and Francis Kaunda) because there were no such provisions under the Zambian laws.
This was the matter in which Dr Chiluba and seven others asked the court to set aside the order made in the High Court granting the Attorney-General leave to register in the Zambian High Court, the London High Court judgement against them by Judge Peter Smith.
In a judgment delivered , Judge Hamaundu, who took over the case after the death of Justice Banda said he had searched in the Zambian law provisions that allow direct registration of judgements obtained in the United Kingdom but found none.
He said the British and Colonial Judgments Act was repealed by the Foreign Judgements Ordinance 12 of 1959. And that at that time, no alternative legal provision had been made for the registration of judgements obtained in the superior courts of the United Kingdom.
“Therefore, after the repeal of the British and Colonial Judgements Act, judgements obtained in superior courts of the United Kingdom would only become registrable under the Foreign Judgements Act if and when the Governor (subsequently President) issued an order extending Part II of the Act to the United Kingdom.
Mr Justice Hamaundu said he had looked through the Zambian law for such an order, but did not find any.
“This means that the Foreign Judgements (Reciprocal Enforcement) Act does not apply to the United Kingdom at present,’ part of the judgment read.
Judge Hamaundu said he has searched in all the laws, including the “Applied Laws” for any other statutory provision by which judgements obtained in the courts of United Kingdom could be enforced by direct registration.He said in the circumstances, the Attorney-General should have sought to enforce the London High Court judgement by recourse to the common law, under the principles of “private International law” or Conflicts of Law,’ as the principles are alternatively known.
“For the foregoing reasons, the judgements debtors’ (Dr Chiluba and others) application to set aside the order granting the judgement creditor (Attorney-General) leave to register the judgement of the London High Court of Justice succeeds. I hereby set aside the order that was granted to the judgement creditor on 10th July, 2007,” the judgment read in part.
Muletusebanya!
@1 Spot on , reallllllllly shame,! Shasonga can’t be foolish to come for arrest bcoz there’s nothing to arrest him for. No matter how much u study the letter Shasonga won’t come. Ask yo security why they facilitated his leaving. Why is Chungu, Kabwe, Musonda and others still driving in Lsk ,they are NOT in prison? Prosecutions that have wasted& pushed tax payers money into POST and NCHITO’S Pockets. Stop fooling Zambians,just tell the nation the TRUTH- It’s DOUBLETHINK.It’s important that government implements some of these logical views from the public ,media,NGO, and others as a formation of public policy…To punish wrong doing and wrong doers. Separate police, DEC ,ACC and Judiciary from politics and political appointments.
The lack of honesty &integrity in police and judicial system (Urgent reforms required), is a reflection of Zambia, and a reflection of a failed state.Only a political and an ideological philosophy charismatically implemented from schools sweeping across whole country, can bring hope and sanity in Zambia….Abashi reactionary, Abashi economic exploitation, Abashi oppressive CONSTITUTION, Abashi mediocrity, Abashi corruption and deceit. Abashi laziness and Abashi doublethink..ENACT NEW DEMOCRATIC CONSTITUTION. Reward hard work, entrepreneurship, decency & respect dignity. Reward honest, patriotism and sanity. Reward intuitive minds and creativity!! A vision beyond 2030
Other people who subjected our people to joblessness by ways of mismanaging previtazation like Hakainde Economic Terrorist should equally be pursued.
I’m glad Chiluba is not with us. he was the father of corruption!!
forget about shansonga and develop the country..fulfill your promises..
Mr. Minister,
We all respect the rule of law and expect the Zambian authorities to act tirelessly in bringing to book those who are suspected of having had misappropriated public funds. However, weigh the costs and benefits in trying to recover those asserts which rightfully belong to the Zambian masses. Further, attempt to take into account the costs involved in changing names of public infrastructure i.e. all Zambian airports and street names. The costs involved are very high in that you have to reprint maps, different documents, road sign posts, you have to buy materials used in the process and you have to employ man power to carryout the above tasks. The costs involved can be used to address other genuine social problems such as housing crisis, education crisis, healthy crisis etc
Mr. Minister,
Most figures in the oppositions can safely argue that you are running a gravy train in that your govt. is spending public resources in the name of cleansing the justice dept. of rotten elements. Given that argument, why then pursue policies which do not yield results which can be appreciated by those who mandated you to run the country and all other Zambians. Further, most people are accusing you of turning their interests against them in lieu of uniting them and addressing the butter and bread issues. Thus you provide the UNPD with premises to show the world that you are failing the Zambian masses. Please respond in a convincing manner not further accusations about UNPD or insults
Well Mr. Minister,
Well said and good, the Zambian govt. indicated that it is responsible for the expenses incurred by the foreign judge heading a commission of inquiry which is probing the suspended high court judges. Interestingly enough, deviating resources or increasing govt.expenditure on talk shows does not solve the bruising bread and butter issues of the voters and the Zambian masses. Earnestly, you expect the common man on the streets to listen to your endless rhetoric you dish to Zambians on empty stomachs, yet on one hand you all live in ivory towers and you are well fed by the president himself through remunerations. No wonder you are quick in discrediting the opposition impulsively without weighing pros and cons, especially the poor Mr.HH
The attempt to get him was doomed from the start,how do you arrest a foreign national in a foreign country. This is a lesson for the govt,you don’t want dual nationality and there you go,that’s a classic example of the benefits of the govt if people have dual nationality,if Shansonga had dual nationality then it could have been possible to send him to Zambia but he’s British,he renounced his Zambian citizenship so the govt has to apply to the British authorities if they want Shansonga,for now he’s having the last laugh and can get more money from the Zambian govt for forcing him to be detained unnecessarily on foreign soil and infringing upon his human rights including article 8 as he couldn’t be with his family in Great Britain his home.
The Danish govt is very well aware that PF govt has embraced all those charged with public theft and national plunder. Example is Xaviel Chungu, Mahtani and Nshasonga. This is where both the British and Danish govts draw their strength making your efforts to bring back Nshasonga impotent and futile. Change your international outlook to be credible to be believed by the outside world. Your treatment of others is reflected in how outsiders react to your request and will yield negatively to Zambia. Your national governance is un acceptable in other areas..
If the crime was committed by Shansonga before he became a british citizen, then we deserve him to be brought to face justice in Zambia. When don’t we first domesticate the London Judgement before moving onto thugs like Shansonga?
Arrest those bemba thieves roaming the streets of Lusaka. i mean Former Intelligence Chief Xavier Chungu, former Finance Permanent Secretary Stella Chibanda and two former directors of Access Financial Services, Faustin Kabwe and Aaron Chungu. Spare us the argony of being bomabarded by useless rhetoric of fighting corruption when the real culprits are here in Lusaka and you can’t arrest them but just barking at one insignificant chap in UK.
As anticipated right from the start – this was a joke!!! If those in the ministry of justice couldn’t see this coming – THEY SHOULD BE FIRED RIGHT FROM THE TOP i.e. Sebastian Zulu, Attorney general & DPP for GROSS INCOMPETENCE – GROSS FAILURE OF INTERPRETING INTERNATIONAL LAW & PUTTING ZAMBIA’s NAME INTO DISREPUTE!! This is Zambia’s biggest tragedy – PEOPLE WITH QUALIFICATIONS ON PAPER but GROSSLY INCAPABLE OF TRANSLATING THAT KNOWLEDGE INTO TANGIBLE WORK!!! Earning those huge salaries for such INCOMPETENCE IS DAY-LIGHT ROBBERY!! The appointing authority should be looking into this – if he just sits on his hands & does nothing, THIS WILL BE CONNIVING with the same!!!
How does zambia think that they can have a British citizen brought there are you mad? Let this matter go to rest because it will never happen who the hell do think you are? You can study that letter as long as you wish dull chaps.
If subtantial amounts were recovered from Attan Shansonga, why is he still being pursued? He was granted permission by the Zambian government to leave Zambia for the UK, so why does the government want him back in Zambia? This case is closed. Full stop.