Former President Rupiah Banda has been granted leave to commence contempt proceedings against immigration officials who blocked him from travelling to South Africa to attend a conference on Friday last week.
On Friday Mr.Banda filed an application through his lawyers, before Ms Justice Kabuka asking her to send Mr Milomo and immigration officer Peter Mwansa to prison for disrespecting acourt ruling.Mr Banda contended that the conduct of the duo to block him from leaving the country when the court gave him permission to do so has been and is still contemptuous of court and prayed to the court to commit them to prison for contempt.He said that the failure by Mr Milomo and Mr Mwansa to obey a court order was unjustified, illegal and contemptuous.
Lusaka High Court Judge-in-Charge Jane Kabuka earlier today granted the former republican President an ex-parte leave to commence contempt proceedings against immigration Director General Moola Milomo and immigration officer Peter Mwansa.
“Upon hearing the application, it’s hereby ordered that leave be and it is hereby granted to commence contempt proceedings against the two,” Ms Justice Kabuka said in her ruling.
If found guilty after hearing the arguments from both parties,Mr Milomo and Mr Mwansa could be sent to prison for a specified term under the Laws of Zambia.
Last Friday the former Head of State was prevented by immigration officers at Kenneth Kaunda International airport from travelling to South Africa to attend a conference.Mr.Rupiah Banda was due to fly out on a South African Airways 07:15 hours flight as a guest of the Boston University’s African Presidential Centre which is hosting the 2013 African Presidential Roundtable in Johannesburg.
Despite being shown the Court Order signed by Lusaka High Court Judge-in-Charge Jane Kabuka, the immigration officers said they understood what the Order said but could do nothing about it, as the instructions they were implementing had come from the Chief Immigration Officer Moola Milomo.When contacted, Mr Milomo said he, too, was acting on instructions from “above”.
Home Affairs minister, Edgar Lungu told journalists on the same day that Mr Banda was stopped from going outside the country because he was on a travel ban and it was feared by the investigative wings of government that he would tamper with potential witnesses in the ongoing investigations against him.
However,LAZ vice president George Chisanga said that the disobedience of the court order especially by the executive wing of government as exhibited last Friday would only seek to greatly undermine the justice system and the rule of law that courts were created to protect and foster.He said such a state of affairs if not stemmed could lead to complete lawlessness and break down of society.
Chronology of events surrounding Rupiah Banda’s trip
27th May- Press release stating invitation of Former President Rupiah Banda by the Boston University (BU) African Presidential Centre to make a presentation at the 2013 African Presidential Roundtable to be held in Johannesburg South Africa.Press release also stated that Rupiah Banda had since written to President Sata, informing him about the South African assignment which would run from 5th to 8th June, 2013 under the theme “The Cost of Democracy”.
29th May – acting President Edgar Lungu describes the former president as a flight risk and says in addition to his office (Ministry of Home Affairs) sanctioning or rejecting Mr Bandas request, the former President would need clearance from the Director of Public Prosecutions (DPP).
30th May- Director of Public Prosecutions (DPP) Mutembo Nchito in a telephone interview says he will study the merits and demerits of the former presidents request.The DPP said he was not in the country but would deal with the issue (Mr Bandas trip) when he returned.
3rd June- Chief resident magistrate Joshua Banda dismissed an application by former President Rupiah Banda’s lawyers to have his passport released, stating that the application was wrongly before the subordinate court.
4th June- date of scheduled trip to South Africa
6th June- The Lusaka high court orders that former president Rupiah Banda’s passport be released.
The Boston University African Presidential Centre re-books the former head of State flight for 7th June departing Lusaka at 07:15hrs
7th June-( morning) Former Republican president Rupiah Banda blocked from traveling to South Africa by Immigration officers at Kenneth Kaunda International Airport.
7th June-(late afternoon) Home Affairs Minister Edgar Lungu issues statement that Mr. Banda was not allowed out of the country for fear of interfering with on-going investigations which have not been taken to court yet. Mr. Lungu also says that the Office of the Attorney General was not served with the Thursday’s court order to allow Mr. Banda go out of the country.
Ici chi Mudala is such a puny, thieving sissy wasting the country’s resources. Jail him and lets move on.
It beats me how Zambians are so accepting of bad behavior from leaders.
When Rupiah was desecrating the country none of you were commenting on it but you are all bunching up your knickers at the thought of justice
Nubian Princess: Zambia is a country where the ruke of law prevails and nobody is above the courts and the constitution. Banda has NOT BEEN FOUND GUILTY of any crime. So he is a free man to travel as it is his constitutional right.
By the way, I do not think Banda is so follish to be invited by such respected institutions like the Carter Foundation and/or Boston University, for him not to return to Zambia after the expiry of his duties in RSA or Kenya or wherever. After all, these two institutions can be accused of being an accomplice to the crime, if he didn’t return to Zambia after finishing his duties, knowing very well that the Courts of Law gave him the right to travel on specific duties or functions. Especially that there are outstanding cases against him. But please, NOT YET…
Yet you’ve convicted RB even when whole govt machinery hasn’t been able to pin him down with credible evidence.It beats me that you Nubian and the PF only need emotions to convict RB due to raw hatred and not proveable evidence in a court of law.
There are people like Namulambe on whom the state has proved in court that he has a case to answer on corruption charges, yet he has been appointed a minister and is a free man. Shansonga was on the Interpol list and arrested by the Danish authorities but our Government opted to waive the extradition thereby setting him free. People are not in favour of RB per se (if it is true he stole) but just want the law to be applied fairly and squarely. Wait until PF is out of Government then you’ll hear how some of their people dipped fingers into state coffers during their tenure of office. All these contracts people are awarding themselves and cronies surmount to abuse of office.
It also beats others, when they see you being so subjective over this matter. It is like some one saying Nubian is a thief. No one will believe them unless they show evidence to prove that you are. It is the same case with RB. He is entitled to a fair and unbiased hearing in court and the onus is on the prosecution to prove that he stole. E.g. Namulambe was found with a case to answer but he has since been appointed a d/minister. So where is the justice? Chiwama ngati chilipali munzako until one finds themselves in similar situations after 2016.
@Numbian princes. I was just going through what have said. If you check how people have voted against your and all the comments for and against the way the matter was handled(RB), are not surprised about 90%+ are saying what happened was wrong and only >10% are saying it was a good thing. What is the indication?
Go back to your drawing time and make another plan before it is too late. The way you rushed to remove immunity and dragging RB to court and so far no creditable witness is found, it will how fast Satan will be impeshed and dragged to court,but with creditable. You have created enemies with courts, churches, Zambia people, opposition parties, who will defend you?
@Nubian
You are rather emotive over RB. Does the erosion of judicial powers not worry you at all?
I have no personal feelings against the man.
I, like many others, want justice and fair play – yes, even for RB. You cant be that myopic that you can’t see what this means on a broader level? It means a country where criminals go free, depending on who they are connected to in the ruling party.
RB must be investigated and brought to book if found with charges to answer, but by the same token the rule of law must be followed in EVERY case including this one.
Capish?
Why do you think RB lost? Pipo simply said no to his misrule. It in no way means we must look the other way when Sata performs *****ically. Sata swore to uphold the law…. Right now PF are giving credence & support to RB which Zambians did not and do not! PF are a disgrace!
@1.1 Nubian princess,
From your comments you seem to advocate the spirit of retribution and revenge on Mr Banda but at the same time you forget that the man is innocent until such a time the courts find him guilty, if at all.
The danger with revenge is that the same fate awaits your president Mr Sata for the several misdeeds that are being revealed. Enjoy your comforts while they last.
Which comment are you responding to Madam? Before anyone says anything youve already responded. Amazing.
Mushota
You’ve broken the record for number of negative votes!
This should no doubt make you happy – at last you’re receiving the attention you crave!
(I blame your parents)
Edited: Insincere apologies to Mushota.
Nubian Princess – and I still blame your parents.
Where on earth have you heard of someone being given a travel ban due to a case that they haven’t even been charged with. Absolutely preposterous.this is what happens when a vindictive DPP hallucinates and comes up with delusional charges.RB was in America for months in 2012 if he was a flight risk he wouldnt have come back.
Thus a good point. RB will never run away. These are freedom fighters. They were here fighting for independence. The only place they can put RB is house arrest which will be very costly. Other presidents/countries are watching by the way. We get a lot of comments. Why did he refuse the Kenyan President to be prosecuted by courts while him wants others to be prosecuted?
Iwe Warren In the US. People were locked up in Guantanamo without being charged
I think the the duo are really panicking, calling on the higher(hiring) authority to save them from coming prosecution. however, on the other hand, the higher(hiring) authority is also busy looking at ways to deal with the Judge. What a dark evil days in Zambia. The case of FTJ was completely different from this one. The man was allowed to go to SA, despite Chungu being on the run.
More drama PaZED life. Watching at a distance with a binoculars
RB is reaping what he had sown.Those two officials will not be sent to jail the Govt.Has already given its position .RB should sue the State
RB will be surprised how fast his stolen money will evaporate in lawyers’ fees: Amstardam, sakwiba, Mvunga, Kunda, etc, etc. He will lose ALL the cases until they know he is broke and they have milked every ngwee he stole. Then they will let him “in” one ccase for which he won’t even be paid anything. Only his lawyers will gett richer!! A f**l and his money…. Let’s go!!
I’m glad he’s fighting back rather than just roll over and die. Even if his money does run out, we who are watching will have seen a definitive scenario on the judicial/political stage.
He would be a fool to not take the legal recourse he is entitled to.
Weather RB is guilty of previous wrong doings is irrelevant. He had a court order that permitted him to travel to South Africa. This was not challenged in court by the current regime. Therefore as Zambia is supposed to be a democracy, RB should have been allowed to travel to South Africa. The current Government seem to think that they are above the Law, which they are not. Why do some African Leaders treat the country that they have been elected to lead as there own personal Chiefdom?
Zambians don’t be so dull that court order did not compel the state not stop
RB to travel should they have valid reasons or fresh information.
That case will not go any where.
To back up my case the High court in the United Kingdom had
issued a court order to allow a Zambian(after an appeal)to join his parents in the UK guess what the Embassy denied him a Visa in Lusaka despite a court order.
A Zambian Lawyer followed up this,but to no avail.
Looozzaaaa. Spirited fight within a conundrum of cases. Mambala. Tourism first before answering allegations or must it be the other way round? Just clear your tag.
Loooza Chitalu,you’ve convicted RB first before proving allegations.Innocent until proven guilty but in your hateful world it must be the other way round.
Looozzaaaa. Spirited fight within a conundrum of cases. Mambala. Tourism first before answering allegations or must it be the other way round? Just clear your tag without such and such side kicks, involving the innocents. Why not just decline invitation when such huge corruption tag hangs on you?
Can some tell me what exactly did RB steal? The country did well while he ruled he even left reserves this despite all the subsidies, so what did this cruel man steal?how many billions of dollars? Where are the bank books showing the withdrawals he made, what did he buy with the loot? When did the theft start?
That you will soon know if you already haven’t Heard of his Nigerian deals enriching his sons. When do Presidents’ families become state procurers? In dictatorships, aristocracies and Corruptoracies my friend.
Chita pan Kwa you forgot kleptocracies. Zambia has been a Kleptocracy since Chiluba
Dont be dull…….The country was in its worse state during the time of this fu RB.
RBbish, even an illiterate like me can read between lines. Fuseki iwe, kabili you are one of the thieves hence your *****ic questions. To hell with your ci RB, Amsterpanyo and the rest. M******mwe bakolwe, after reaping Zambia apart, you are even asking a s.t.u.p.i.d question. I am very angry, if you were near hear, I would have reaped your baloon open. Shaaaaa
Now let the music begin. Those chaps at immigration together with their bosses should know that they is a separation of powers between the executive, legislature and Judiciary. Simple civics you would think they would understand. Have said it before those chaps should be questioned and if found wanting should be jailed. This sort of behavior is unacceptable. If they can do this to a former president, what of the man on the street who sees the Judiciary has the last refuge should things go wrong. We must support the independence of the Judiciary for the good the country and its people.
Iwe, you an i.d.i.o.t who does not know civics. Who told you that if the court allows something, the other people should dance. Anyway, whether you like it or not, ci nyama soya did not travel kwasila, finito, period, full stop, capwa. So shut your smelly mouth.
@Kapala it seems you dont know any Civics yourself. When a court makes a decision everyone should dance or appeal the decision of the court. That is what separation of powers implies. If you cant get this concept maybe civics 101 should help you understand how the constitution of Zambia works. You should even try social studies it will be good for you.
Jail those arrogant immigration scumbags for undermining the rule of law.Any nation where law is disregarded in favour of personal vendetta always remains mired in poverty,corruption and human rights abuses.No investor will feel safe and protected if officials can abuse power at will.
they wll be jailed on 10/22/2013 and pardoned on th 24th.
they wll be jailed on 10/22/2013 and pardoned on th 24th.
Chita pan Kwa you forgot kleptocracies. Zambia has been a Kleptocracy since Chiluba
I have a hunch RB and his kids weren’t up to no good during his watch in as far as public resources are concerned. But folks, the man hasn’t been found guilty! For heaven’s sake!
In civilized societies a person is presumed innocent until proven otherwise, by competent authorities,in this case the courts of law. That’s why they are called “civilized societies”.
This culture of Government belligerence and impunity is quickly permeating downwards as is being seen where political mobs and militias reign supreme in dispensing instant ‘justice’ on perceived ‘offenders’ whose ‘crimes’ have not been tested by the due process of the law. They are a law unto themselves. That’s not good.
PF must be careful the way the do things, here they have given RB a good case from a
Lawyers standpoint claims of credible source who has not been validated is not good enough.
Courts are not substitutes for dialogue. Troubling courts is tantamount to exercise in futility. Passport belongs to the State. More deserving cases are being forced to wait for long periods of time. Mfuwe holiday would be more appropriate. Round Two?
Well, the immigration officers were wrong and if found guilty,let them be jailed.But i get so dissapointed when i hear people supporting RB.
There is no doulb that this man stole collosal sums of money from Zambians.His children involvement in oil deals etc….its endless!!
People let us not believe anything Lawyers say because they are Lawyers. They are human beings like any one else hence prone to corruption too. MMD ruled Zambia for 20 years and its still indirectly ruling one way or another in this early period of PF governance. I have just noticed that everyone in Zambia wants to protect their interest even people we thot we could run to when we are in problems like Lawyers, people pretending to be men of God. Give PF chance their have 5 years. Please God protect us from this chain.
A Judicial Review can allow a subject to have His passport but cannot override the immigration law. The court has not jurisdiction in allowing someone to travel in or out of the country. The court can say yes you can travel but they cannot not impose on the immigration officers to allow someone to pass, cross the boarder, board a bus, train, plane, car, bicycle or wheelbarrow. And any owner of the vehicle can refuse boarding even with the court order in a person’s hand. If I leave my child in the UK and the mother takes me to court. The court can order me to travel to UK to bring back my child. But UK can refuse me entry.
Its one thing to request court for a release of one`s document and yet another thing to request court to allow you to travel. Which one did Rupia request for? And there you find the gymnastics of law at play. So look at these two aspects as you argue you points otherwise we are wasting too much energy for nothing.
Can someone educate me on one thing; if the court asks GRZ to release the passport, does it mean that immigration is obliged to let him go? My humble knowledge is that immigration reserves the right for anyone to leave or enter the country. In the same vein, if for example one is issued a visa to any country, does that guarantee one’s entry in that country. It is evident that people are returned to their countries. Is this not the same in RB’s case?
@ Illiterate,thanks for your wise contribution. This is the type of thinkers we need on this blog
As much as the State is persecuting you (as you claim), a former statesman should never sue the establishment he once led. The best move would have been to lobby some NGOs to sue on your behalf. Governance in Zambia is at a very weak level!
The guys at immigration were performing their duties and their legal department will represent them adquately.Let him sue the state since immigration represents the state. You will see that the charge will be thrown out as he will have framed wrong charges. These guys are known for such.Chiluba reamined in Zambia and never at one time played to the gallary trying to snick out for stage managed gathering.RB you are embarrasing youselves and just attend to all your cases and you will be free if innocent. A precedent has been set by Henry who might be preparing sanctury for you abroad.