
THE Law Association of Zambia (LAZ) has said the judgment involving Lusaka lawyer Rodger Chongwe’s claim for compensation should have first been registered in the Zambian courts before payment is considered.
LAZ president Steven Lungu said in an interview yesterday that the judgment should have first been registered in Zambia for it to have legal efficacy especially that no Zambian Government official represented the country when Dr Chongwe took the matter to United Nations Human Rights Committee (UNHRC) following the 1997 Kabwe shooting incident.
He said since Dr Chongwe did not exhaust all the local channels before taking the matter to the UNHRC, it was prudent that the matter was registered for it to have legal efficacy.
“One of the conditions for one to take the matter that far is to first exhaust all local channels but in this case, nothing like that was done,” Mr Lungu said.
He said the amount awarded to Dr Chongwe as compensation was too much as compared to what the Zambian courts award as compensation.
And Chief Government Spokesperson Ronnie Shikapwasha echoed the LAZ sentiments saying it was only correct to ensure the matter was registered in Zambia, especially that Dr Chongwe had not given reasons he took the case to UNHRC without first exhausting all the local channels.
Lieutenant General Shikapwasha said the LAZ observation was right because the Zambian Government should not be made to pay even for issues of Dr Chongwe’s alleged self imposed exile.
Gen Shikapwasha said issues of where Dr Chongwe took the matter and why he decided to take the matter to Australia were some of the legal aspects that needed to be heard before the compensation could be effected.
“For example, who forced Dr Chongwe into exile, is it not himself? And why should Government be made to pay for that?
These are some of the issues that need to be heard before even thinking of effecting payment,” he said.
He said it was sad that some opposition leaders speak the loudest on issues they did not have facts about but failed to apologise to the nation when Government presented the correct facts.
When contacted for a comment, Justice Deputy Minister Todd Chilembo referred all queries to the acting Attorney General(AG) Abyudi Shonga.
However, Mr Shonga’s mobile phone was not reachable.
On Monday, State House said President Banda in fact had on November 30, 2009 blocked the payment of US$6.7 million to Dr Chongwe because the amount was too excessive and was going to set a bad precedent.
President Banda’s Special Assistant for Press and Public Relations Dickson Jere said Dr Chongwe’s compensation which initially stood at US$2.5 million had accumulated to US$6.7 million as a result of additional amounts in legal costs and loss of earnings.
Mr Jere explained that President Banda blocked the payment of the compensation which was eventually agreed upon after Dr Chongwe’s meeting with Justice Minister George Kunda who is also Republican Vice-President and later the AG, without the knowledge of the president.
[Times of Zambia]