Kabimba Says PF Will Attempt of Lift Immunity

Justice minister Wynter Kabimba says the PF government will propose a motion in the National Assembly to seek parliament’s approval to lift the immunity of former republican president Rupiah Banda.

Kabimba told The Post newspaper that Banda’s refusal to comply with the invitation by the ACC  for an interview leaves the government with no choice but to go to Parliament and ask the House to lift his immunity and decide his fate.

The Anti Corruption Commission (ACC) last Thursday summoned Banda for an interview relating to allegations of corruption and other criminal activities during his presidency but the former head of state declined, claiming immunity from prosecution.

Kabimba, who is also Secretary General of the ruling party, said in an interview that the summoning of Banda by ACC was neither academic nor a violation of the Constitution.

He said Banda’s immunity prescribed in Article 43 (3) of the Constitution touched on the issue of prosecution and not investigation, which required one to be summoned for interrogations by the investigative wings.

“Where does the Constitution say ACC cannot call you for enquiry before that (removal of immunity) is done? It does not say that. Yes, the former president has a right not to say anything or attend the interview at all,” Kabimba said. “If you remember in 1992, the state agencies went to search Dr Kaunda at Dr Kaunda’s home. That was an investigation and Dr Kaunda did not plead immunity. So the immunity is against prosecution. The immunity is not against investigation. So the journalists must understand this clearly, not to get misled by all these comments,” he is quoted by The Post as saying.

Kabimba said the immunity was against prosecution and so the ACC had the mandate to establish a case against Banda.

“You cannot be prosecuted unless your immunity is lifted by Parliament; that is what the law says. You can even be charged, what you cannot do is prosecute. To be charged is not the same as to be prosecuted. The Constitution says you shall not be prosecuted; it does not say [you] shall not be charged for any civil or criminal wrong that you did during the time when you were head of state,” Kabimba said.

“The ACC was saying to Mr Banda, ‘come here because according to our investigations, there are issues we would like to clarify with you’.

Now you cannot claim immunity against that. He [Banda] misapplied the issue of his immunity. Now that he has been given an opportunity to go to the ACC for him to go and answer questions and without submitting to the ACC, he has pleaded immunity, we have no choice now but to take the matter to Parliament so that his immunity against prosecution can be lifted, so this is not an academic exercise.”

Kabimba said the government would ensure that Banda is absorbed only through the due process of the law.

He said ACC was not guilty of anything in inviting Banda for an interview.

“ACC was not saying to him ‘we are coming to arrest you’. ACC was asking him to go and clarify certain issues which were under investigation by ACC. Even if the ACC had established a case against him at that stage, they would not have arrested him; they would have charged him,” Kabimba said.

“All I can tell you is that we shall go all the way to ensure that Mr Banda is absolved through the due process of the law and also inform the people of Zambia about this matter. We’re obliged to inform the public about the status of this situation,” he said.



  1. Rabid Dog

    It was wrong for the MMD under Chiluba to have searched Kaunda’s house in 1992 and therefore the wrong should not be repeated again. Kaunda simply succumbed to what he had termed frightened little men. I personally wish Winter ‘Red Lipped’ Kabimba all the best in moving the motion. But he should be alive to the fact tat Zambians wont be fooled again like it happened in 2002 over Chiluba’s immunity when the Emily Sikazwes and them went to picket at parliament. Leave RB alone and deliver on your campaign promises you red lipped little man.

    • Reak

      Can Winter tell us when ACC are to continue interrogating on corruption and theft cases?Worry about your big log in the eye unlike the speck in RB.

  2. Insaka

    PF has run out ideas. If they think it will make them popular, they are wasting their time.

  3. Kangalaitoito

    Iwe kachikala ka Winter who the hell do you think you are ka swini iwe mwana shetani.

  4. Dee

    Its sad people who promised us development, a Constitution in 90days, n other many more things.. Why can’t Wynter Kabimba focus on advicin th president to build our country, we not interested in wht RB did or not. Give as development n a peaceful country u dum people. Everyday just one rubbish to another from PF, u never agin get my support.

  5. Juicy Fruit

    Think Winter is so stupid and full of himself. Before he talks of lifting RB’s immunity he must first face the law and be sent to jail for all the criminal activities he has been involved in since the PF took over government. He does not even have immunity yet the bitch Rosewin Wandi wants RB to appear before the ACC. What nonsense indeed. RB did well to to succumb to such stupidity.

  6. CNP-4U

    nonsense..wait and see how you will be defeated in parley..

  7. Juicy Fruit

    I meant RB did well not to succumb to such stupidity.

  8. Dee

    PF ar not people but animals, th don’t think before th act…[By Brig Gen Godfrey Miyanda]
    The rising crescendo about the removal
    of former President Banda’s immunity is indicative of our polarised political
    climate. It is an unnecessary but well-
    orchestrated stratagem to distract
    attention from real issues that require
    answers by the PF regime.”


    iwe ka red lips what about your case kuli ba ACC it is still pendind brother one day yes one day time will surely catch up with you and your Cycle Mata imwe ba PF Paya Farmer, Pepa Fwaka(chamba),Poor Father,Poor Finishers,Pa Fipuba,Pantu Fyashupa etc muli mucibe

  10. mangani banda

    PF should deliver on promises instead of wasting time with RB. RB is long gone and is no longer a factor. Deliver on your promises you crooks.Leave RB alone . remember what you promised us we have not forgotten.

  11. Amazing Kawalalas

    Enangu ango ina Nama change aku trafigura , anamizila anzanko ati akawalala chalo Ichi malume kaya!

  12. Chile Tombi

    Stupid idiot Kabimba. Shut up galu iwe. Iwe ulimbe immunity koswe, start with yourself. Atase muona monga ndife bana banu. Ba shilikiti imwe.

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