Politics

Banda Will Contest Removal of Immunity

Rupiah BandaAccording to a new statement released by the legal team of the former President Rupiah Banda, the recent move by parliament to strip his immunity was handled unlawfully and will be contested.

Banda’s lawyer Robert Amsterdam also warns that the ruling party is “desperate,” and facing an “internal power struggle” under the fading health of President Michael Sata, which may prompt them to unlawfully imprison former President Banda and other opposition figures without formal charges.

According to the statement, the removal of immunity was improper for the following reasons:

  • The National Assembly vote failed to obtain the 2/3rds vote of total seats as required by the Constitution.
  • The immunity motion violated separation of powers, as the house attempted to usurp the duties of the judiciary by attempting to attribute guilt based on fictitious accusations without any opportunity for defense.
  • The motion was moved forward by the Speaker despite a walkout of most opposition MPs in violation of legislative protocol.
  • Former President Banda was given less than 24 hours notice to the immunity motion; instead state media were informed first.
  • Former President Banda and counsel were denied the opportunity to explain, answer, or counter any of the accusations presented in the house, despite an open application before the Lusaka High Court.
  • As head of state, President Sata failed to personally address the house with his case.
  • The PF were only able to obtain their votes through a fraudulent undermining of democracy by appointing opposition MPs as deputy ministers in order to buy their votes against their own parties.
  • The allegations presented were incoherent, incomplete, and were lacking any basis in law or even basic documentary criteria to form a charge, such as the accusations relating to campaigning financing, for which there exists no law in Zambia.

Amsterdam describes the ruling party’s measure as “a stain on Zambia’s history,” commenting, “They are afraid, they are desperate, and they are panicking. They know they are landing on the wrong side of history, and their conduct in coming days and weeks may in fact demonstrate just how corrupt and lawless they have become.”

4 Comments

  1. Mphangwe

    We can only speculate that there is an invisible telescopic long arm originating from some Western powers bent on instigating turmoil in Zambia. The British and US Envoys that supported Sata’s ascendance to power are now reviewing their international schemes of planting disturbances through experience gained in their experiments undertaken in the Middle East, Latin America and parts of central and Eastern Africa.

    In Zambia the most fertile candidate was found in Michael Sata, whom in their assessment, is clean from any tinge of past freedom fights in Africa. All kinds of political and economic opportunists have discovered gold in Sata’s lack of adequate basic education and therefore his ignorance of international political dynamics.

    In Zambia, their puppet, Sata, has assembled the most virulent group of lawyers to rape the Zambian Constitution and mutilate the basic human rights so as to facilitate Presidential rule by DECREE. This notorious gene pool, which is perfecting “Kangaroo Courts” in Zambia, is comprised of Mutembo Nchito, Fred Mmembe, Wynter Kabimba, Dr. Matibini, Mumba Malila, Musa Mwenye, Edgar Lungu and ACC Director. A newly recruited useful idiot is Justice Lombe Chibesakunda. Mahtani is their financial magnet. These men who share the same lethal genes hold the vital key for manipulating the mind of a weak President Sata. The clique have ensured that Sata keeps lawyers with liberal and balanced legal minds at bay, and a light-year distance away from his regime.

    How on Earth would a trained lawyer and full member of the Law Association of Zambia in the person of Dr. Matibini sink so law as to fail to interpret and guide the National Assembly on basic tenets of the prevailing constitutional provisions? Some unpatriotic hired NGOs and some fake opposition parties such as NAREP and FDD have been lined up on public media to sway public opinion in support of dictatorship. Greed for money is clearly written on their faces as they speak through pre-arranged Govt media. I hope Director-General of ZNBC reads these liberal online publications to gauge his future prospects.

    One basic fact to be taken into account is that the unlawful lifting of immunity on former Republican President and any subsequent planned torture on RB can only be translated as the undeclared war and torture of the entire peoples of the Eastern, Southern, Western and North-western provinces. The consequently are too ghastly to contemplate as the peopled bottle-up their anger in subdued silence. We only pray that Zambia as a unified state will NOT FALL APART. SADC leaders must monitor the developing scenario in the interest of peace in the region.

  2. CNP-4U

    this is the end of democracy..is it true their leader is ill.?

  3. GOGO GO

    The life of man of action is in the hands of God.You will leave him behind watch out

  4. Sma Chungu

    The Constitution only requires a resolution of Parliament to remove the Presidential immunity – there is no requirement for 2/3 majority, an ordinary resolution is merely a majority of a parliamentary quorum and a quorum is only 1/3 of all members. As ot the right to defend himself, RB will be given that opportunity if he is charged and prosecuted – just like any other citizen of Zambia. As to the Speaker, he is quite right that the Judiciary cannot interfere in the conduct of parliament and since this was a motion moved in parliament according to the rules of parliament, there is nothing the judiciary can do. If the motion breaches the Constitution, RB can seek judicial oversight but since the Constitution actually provides for this particular motion, I cannot see how he could succeed. Whilst I agree this matter was not handled well in a political sense, I cannot find anything wrong from a strictly legal point of view.

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