National Restoration Party (NAREP) party President Elias Chipimo has asked the Government to hand back former President Rupiah’s diplomatic passport without delay. In a statement released to the media today, Mr Chipimo said that it was illegal and improper, but also undermined the separation of powers set out in the constitution
Below is the full statement
HAND BACK RUPIAH BANDA’S PASSPORT WITHOUT DELAY
The decision by the PF administration to revoke the diplomatic passport of former president Rupiah Banda is not only illegal and improper but it undermines the separation of powers as set out in the republican constitution.
As a matter of law and procedure, therefore, the government should immediately hand back President Banda’s passport in order to uphold the law, preserve the integrity of parliament and maintain whatever goodwill Zambia is still able to muster amidst a long and ongoing series of social, political, economic and diplomatic blunders.
The Benefits of Former Presidents Act, passed by Parliament makes clear that every former president is entitled (among other benefits) to a diplomatic passport along with one return air ticket for such former president and their spouse.
The only instance in which any of the benefits of a former president can be revoked is if Parliament decides by two-thirds majority to do so. Parliament can only take such action if the former president has been convicted of an offence and sentenced to imprisonment for more than 6 months. This is clearly not the case.
The action by the PF administration amounts to a violation of the separation of powers as contemplated under our constitution. Should the government fail to hand back former president Banda’s passport, Parliament must immediately take this matter up as a breach of our constitution.
It is imperative that the Speaker of the National Assembly demand an explanation from the Minister of Home Affairs as to the legality of this action. Should Parliament fail to act, the courts will be able to intervene.
The office of the former president is a national institution that deserves dignity and respect. The current court cases against President Banda are not sufficient to grant power to remove the privileges accorded to his office as former president.
The more we undermine this office through these types of actions, the more we undermine our goodwill and standing as a nation. The more we undermine our standing as a nation, the less investment we will see, which will translate into less employment for our abandoned youth who have long given up on the promises that were made to them during the last election.
Elias C. Chipimo
President
National Restoration Party (NAREP)
27 June 2013
Ridiculous this man is, he needs help
He speaks theories and unrealistic and for me reaches to the public who are semi educated
He is trash, if you can like me go through what he spouts
Thanks
Baba, don’t show your ignorance on internet by attacking learned people – see Cap 15 of the Laws of Zambia
That’s why you will never be President iwe Elias. Just continue being the mediocre lawyer that you are, RB sympathizer
HAS MAN SEND MESSAGES OF GOOD WISH AND GET SOON TO NELSON MANDELA’S.
THE MAN HAS HARD HEART LIKE A STONE….UKWA. RB WAS INVITED TO GO TO MEET US PRESIDENT IN TANZANIA AND THE MAN FELT BAD, HENCE WITHDRAWAL OF THE PASS
Look at the bigger picture forget your personal prejudices against RB and reason for once in your life. Elias is on point and lets not watch as our laws are breached with impunity… ti ka lila ku tanshi
If this is a true representation of modern British education…
Are you not tired with ignorant behaviour. Go and dance more of Michael Jackson’s thriller. Zambian does need people like you and LT should remove you from their site. Your brain is upside down and you need some spiritual healing. Are you a prostitute?
Ba Mushota nabena kuti wabatuka mwe…., Even Ba Numbian has followed suit? If women start behaving like this, insulting men, ninshi icalo calafika kwisa kanshi?
Don’t feed the troll people!!! Here’s Wikipedia definition of a troll (just in case) for those responding to Mushota:
In Internet slang, a troll (/?tro?l/, /?tr?l/) is a person who sows discord on the Internet by trying to start arguments and upset people.[1]. They may do this by posting deliberately inflammatory,[2] extraneous, or off-topic messages in an online community, such as a forum, chat room, or blog, with the intent of provoking readers into an emotional response[3] or of otherwise disrupting normal on-topic discussion.[4]
While this sense of the word troll and its associated verb trolling are associated with Internet discourse, media attention in recent years has made such labels subjective, with trolling also used to describe
Has the the Attorney General gone on perpetual legal slip up? The action taken by PF to deprive RB of his passport is a blunder they will live to regret.
It will actually come back to haunt them like a boomerang in a few years time…they think they will stay in power…Wamuyaya fya bufi !!!!
Whether RB has or has no diplomatic passport, whether it was taken from him legally or illegally, this does not affect the fact that today i worked hard and managed to put food on my table this evening. I hope God will give me more energy tomorrow to work hard for my family.
It will remove food from your table onr day.
A MINISTER HAS NO POWERS. CHILUBA AND KAUNDA HIMSELF WHEN HE WAS SENT TO MUKOBEKO WHERE HIS NDEVUMAVU GREW UNCONTROLLABLE HIS PASSPORT WAS NOT WITH DRAWN. WELL SAID MY PRESIDENT
Sata’s mental health is worsening. We have to start sending flowers to state house.
Elias is correct. The constitution clearly states the conditions for withdrawal of a diplomatic passport from an ex-president.
As usual the constitution is ignored.
Chipimo at once should shut up and concentrate on building up his political fortunes rather yap yap yap. Mr Banda should reflect on some of the things that have brought misery to his life especially his attitude and lack of shame. Henry with help of organised crime syndicate is elusive but Mr Banda is aware whereabout his son is hiding. Mr Banda is aware if Henry is sent back to Zambia, it will be his nail in the coffin. How on earth his ministers managed to become so rich burying billions, building hotels worth 4 billion kwacha? How on earth if Mr Banda was not afraid of any wrong doing would have hired a known spin media lawyer to wedge international media fight against his own country and the govt that was elected by its citizens? Mr Banda by colluding with South African govt officials
You need prayers my friend, such blind loyalty requires a miracle healing
This is sata – ukwa’s rule. He is sick and he wants to rule like he is alone. Madness and heartless.
Let him say something if he has brains for his stupid actions very unconstitution!
Mr chipimo. Ask Mmeebee to give him back the passport not the government.
And then what?? Good luck ba Chipimo getting anywhere with the demand…..you are dealing with buffoons!
Unless we change the current trajectory of events I worry that history will judge us harshly.Ministers are not to supplant parliament by legislating from their offices.When President Sata took office he took an oath to protect and defend the constitution of Zambia and that included the separation of powers.Its time PF restored respect for the law , restraint of power and showed some humility.
Fonts: South Africa is not a role model when it’s comes corruption. South Africa being used to wedge media war will not bear any meaningful fruits. It does not mean if a former president is under investigation for any crime and there is reasonable doubt that he may temper with evidence in a foreign country, the govt has powers to withdraw the passport. Crime does not pay this is not only to Mr Banda but to mr Sata also
What crime did he commit in that country???? So what evidence is he going to tamper with???? Ignorance is indeed bliss!!!!!
Why are bloggers ignoring Chipimo’s argument? React to his Constitutional premise not emotional baseless responses
Because they satanists and for that reason they behave like empty tins or maybe they are
BANDA MUST COME BACK TO ACTIVE POLITICS OR SINK
Advice to Mr Rupiah Bwezani Banda:_
Micheal Sata is playing dirty politics, the only politics he knows.
Banda qualifies for 2 more 5 yr terms of Presidency. As far as Sata is concerned Banda wil never enjoy retirement. it is, therefore, pointless to stay out of politics when the PF wants him in. President Banda, we have already seen that these PF, 90 DAY Government, has failed right from the start. Agriculture is on the way to death, Democracy is dead, fuel is double as compared to neighbouring countries. All these are signs. Wait & see what they will do to the Constitution, they might remove the 2 term restriction for Sata, the third_termer. So Banda is sitting back & watching his limbs being cut_off. Next it wil b his hands, his head.
Whatever RB has done he deserves a Diplomatic Passport. Where have you seen a former head of state using an ordinary? I suggest that the Chief Immigration Officer should be fired for his incompetency, unqualified and failure to carry out duties in a professional way with due diligence. The chief immigration O needs to apologize to the nation & to RB. It’s a disgrace for PF Government for this behaviour. Give RB back his Passport. Remember Chiluba mistreated KK and that is the way you want to treat RB. Yes, RB has been accused if found guilty he will be punished, but he needs to be treated with respect. I support PF Gov. to probe RB, but not to mistreat him. I can’t understand this trash. President Sata should move in & stop the trash. RB is former President give him respect.
Zambia is bleeding uder this Paathetic Failures(PF) Govt.Surely even if one is a PamaFi(PF) cadre,he or she, should see sense in what Chipimo is saying.Otherwise at this rate of immoral and intellectual bancrapcy the Paya Farmers(PF) are showing is very worrisome for Zambia.Please God.Save Zambia from being turned into Sataless State,a State without Laws.
Why the cry over aka passport, if he is truly a statesman he can travel without one. Check around the world, true statesmen/women travel without one. Passports are a immigration control mechanism for commoners.
Wenye
who told you so???????
It is legal in a dictatorship such as the one in Zambia!
Does Elias think he s the only lawyer who understands our laws? Okey we re ready for a showdown! Make your move,we ve made ours! This boy!
INSTEAD OF JUST YAPPING IT IS BETTER TO BE PRACTICAL. YOU PEOPLE WHO ARE TALKING, WHAT ARE YOU DOING TO HELP THE GOVERNMENT TO BRING HENRY BANDA FROM SA? AND IF HIS FATHER ALSO EVADES JUSTICE HOW ARE YOU GOING TO HELP TO BRING HIM BACK?
Think before you write because we are tired of such ignorant minds. We need people with mature and positive thinking not yapping senselessly without understanding the constitution. Are you not ashamed of yourself? The blood you drunk with Ukwa is confusing you.
What is happening to the Zambian watchdog? Anybody with information?
Most of the bloggers seem to have forgotten about the quality of reporting on this website. Govt is justified to withdraw a passport from any fugitive. This does not mean that RB will not be issued with another Diplomatic passport in future; of course he is entitled to one.
Ka Elias you won’t win votes from issues like this; which don’t put food in the stomachs of the common man. Grow up
Chipimo thanks for educating us on such an important issue.
Honestly some times you just wonder who voted for these animals in the first place. Who votes for PF in these by elections? They should release his passport immediately. If they were keen on on confiscating his passport the matter should have been tabled in parliament. The government has broken the law. And for those of you saying RB is a fugitive, he is not. His not on the run. We are slowly becoming an autocratic dictatorship. This situation is made worse by a very weak opposition who it seems could be wiped out anytime soon.
You have good points…but what do you mean by opposition?/// Opposition should be yourself and myself … the people to join and strengthen the existing parties. Like you supported Ukwa and Paya Farmer(PF) in 2011!! To be armchair critic wont help!! Leaders of opposition need to be supported and helped with moral and material support to enhance democracy!!! If we continue sitting on the fences and expect ‘other’ so called opposition to do things for us it wont help! you continue complaining!! Thats why we are in these situations!!
@Nampundu you are right about we being the opposition etc. But what I was trying to get at are the opposition political parties MMD, UPND, Just dont seetheir leaders becoming president. Just dont see anyone with the guts to change things around. As for me personally I have no intentions of doing politics not just yet lol. Therefore I might continue complaining at-least thats how you know that one is alive and trying to get into the issues that affect the country. I did not support UKWA..lol I am MMD that wont change. The PF is too socialist for my personal tests.
If Mr. Chipimo is right and his argument is based on law, why not challenge the withdrawal in court? Does he also believe that the courts will be biased against RB? As a lawyer, it is important that Mr Chipimo directs Mr Banda to the options available to him, not just making statements to the public. Having said that, Mr. Banda was no respecter of Law, a man who was keen to undermine the constitutional foundation of fighting corruption among government officials. A get rich quick President. These people have to be accountable at some point, including Mr. Sata!
Mufumbwe u r so right!
Ìllegal No. but wrong Yes.
Legal or Illegal, the old bally wont have his passport back ! What laws guarantees the issuance of a Diplomatic Passport ?
Zambians and your politics you surprise me alot,even if people only want to be seen as the ones talking….try to off load sense.The culture of terming whatever government says as iligal will never make you popular.,Buwelewele fye.Mind you we are about 13million plus you are not the only ones licensed to yap..CHEEKY MONKEY.
It feels so good not to be Zambian anymore… the country has gone to the DOGS.
Its not only illegal, its also immoral and wrong.
In advanced societies, promising to uphold the constitution is a matter of life and death. When the same is abrogated, “check” systems suddenly spring to life, to safe guard the supreme law, by which the President swore an oath to uphold.
In Africa and particularly in Zambia, the supreme law is impunity and delusion. When the constitution is abrogated with glee, patronage such as some comments above, reign supreme and so called “check” systems simply go to bed. Which Court? Which Parliament? In Zambia? Are you joking? They hardly exist anymore man!
this country is rooten. Who can add anything. this is well thot speech
We are all laughing at you Zambia. You are 1000 years away from the world. Punitive and revengeful, your every government is a joke.
It is not surprising considering that PF has never respected our constitution on separation of powers. Now all powers are vested along some road off Great East road.
Feelings! Feelings!why speak out of feelings?The point is,is he a threat whn out of country?Yes,adresing or lobying sanctions frm comonwealth countries.And where is Henry?The man knws & must ve facilitated his exit.RB 3 yrs betrayd him inn state hse.
Stop lying u idi ots that Zambia has gone to dogs because the govt has withdrewn the passport from your old thief. Chipimo let us see the law you are qouting instead of just yapping . Sad ,many Zambians want to live in a country of crookeredness .
RB IS TRYING TO SEEK SYMPATHY HERE. RULE OF LAW IS IMPORTANT . BUT THE SAME LAW NEEDS TO BE INTERPRETED BY LAWYERS. AND ONE THING IS CLEAR. LAWYERS DONT ALWAYS SAY THE SAME INCLUDING JUDGES. FOR EXAMPLE I HEAR THE COURTS HAVE ORDERED THAT RB’S PASSPORT SHOULD BE GIVEN TO HIM TO TRAVEL TO TZ. BUT THIS SAME PASSPORT HAS ACTUALLY ALREADY BEEN CANCELLED. IT IS INVALID AT THE MOMENT. HE CAN APPLY FOR A TRAVEL DOCUMENT OR ANOTHER ORDINARY PASSPORT. AND BY THE TIME THIS IS DONE, HE WILL BE LATE FOR TZ.
It is not surprising considering that PF has never respected our constitution on separation of powers. Now all powers are vested along some road off Great East road.
SO WE HAVE A CONSTITUTION AND PEOPLE BELIVE THIS! CONSTITUTION FOR WHAT
IN AFRICA IT IS A LAUGHABLE DOCUMENT, LAWYERS USE IT TO EARN ALIVING.
CHIKOPA OPEN THE CAN OF WORMS SO THAT LAWYERS AND THE JUDICIARY
CAN BE EXPOSED.
The bench mark is rules.The rules govern and shape the way we behave towards each other across individuals and institutions.When this is over looked,suspended or ignored then we have a very unpredictable situation.Leadership is about using the rules to govern and regulate peoples behaviour.PF is breaking every rule,eventually people will do the same.
We are in trouble with these dunderheads
The greatest problem Zambia has started experiencing is that we are no longer a democracy but a dictatorship. Further,just like Chiluba, Sata has become another god who erroneously thinks he’ s going to remain in power forever. Honestly, which court in Zambia has found Rupiah Banda guilty in order to earn him such mistreatment and humiliation? Currently, the constitution in Zambia is just a carbon copy, but that the true law is Michael CNP Sata and his PF minions – what a shame.