
Attorney General Abyudi Shonga says despite the Lusaka High court judge Hamaundu ‘s dismissal of the applications for the registration of the London high court which found Dr. Chiluba and his co-accused liable for the theft of US$46 million, the contents of the judgment remains valid for all its contents and purposes.
Mr. Shonga says the refusal by the High Court of Zambia to register the London High Court judgment does not nullify the judgment at all.
“Infact, the rational behind taking out this action in a London court was because there was information that the defendants (Dr. Chiluba and his co-accused) had assets in London and other countries abroad, “ he said.
He explains that the nation should be informed that there has been several direct recoveries that have been made as a result of the London judgment.
Among these are the significant amounts of money that were seized from amongst others Aton Shansonga as a result of the London judgment.
The Attorney General says in a statement obtained by ZANIS in Lusaka this evening that government is determined in continuing with the recoveries overseas adding that the State will not hesitate to cause the executions to be made on any further assets that it becomes aware of overseas belonging to the defendants.
[pullquote]Mr. Shonga says the refusal by the High Court of Zambia to register the London High Court judgment does not nullify the judgment at all.[/pullquote]
On Judge Hamaundu’s ruling, the A.G says demands by sections of society for him (Mr. Shonga) to make an appeal against the ruling, emphasized that it is not the function of the Attorney general to appeal.
“ The Attorney General draws his power from Article 54 of the constitution. My functions, amongst others, are to be principal legal Advisor to the government and to represent government in courts or any other legal proceedings to which government is a party or in respect to which government has interest in, “ he say.
Mr. Shonga explains that the advice given by the A.G gives to his client, the government, enjoys, is the same privileged status that normal interaction between the client and an Advocate enjoys.
So in this respect, Mr. Shonga adds that in line with the constitution, his legal advice to government on the issue and it is now common cause that has already made its stand on the matter.
“ Government has accepted the decision of Judge Hamaundu refusing to register the decision of the London High. I will not be appealing the said judgment,” says the A.G.
Mr. Shonga adds that government has considered alternative action available to enforce the London court judgment at common law saying it must be understood that at common law, registration of the London judgment will not be possible.
He says what would now happen is fresh civil action would have to be brought out against the defendants adding that the courts would have to hear evidence all over again and determine whether the state should be entitled to a judgment based on the London judgment
Judge Hamaundu ‘s dismissal of the application has and continues to raise concerns in sections of society with the latest being the country’s Law Association of Zambia ( LAZ ) which recently wrote to the Attorney General to consider an appeal in the Supreme Court in a matter regarding former President Fredrick Chiluba and others regarding the registration of the London Judgment.
[pullquote]“ Government has accepted the decision of Judge Hamaundu refusing to register the decision of the London High. I will not be appealing the said judgment,” says the A.G.[/pullquote]
In its recent press statement by LAZ President Stephen Lungu, said the law body observed that it was mandated in section 4 of the laws of Zambia Act chapter 31 of the laws of Zambia to comment and provide guidance on legal matters that were of public interest.
Mr. Lungu said LAZ through its research committee thoroughly looked at the matter and rendered an opinion on the same which has since been handed over to the Attorney General.
He said the Association’s opinion to the Attorney General was in the interest of the public for his office to consider lodging an appeal in the Supreme Court in order to finalize the matter adding that LAZ also advised Government to recommence the registration process under the common law which is applicable to Zambia.
He contended that the judgment of the High Court had far reaching implications therefore there was need for clarity in this area of the law.
ZANIS