
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.