FORMER President Rupiah Banda has snubbed the Government Joint Investigations Team which summoned him for questioning over corruption and criminal allegations.

Anti-Corruption Commission (ACC) director-general Rosewin Wandi confirmed receipt of the letter from lawyers Sakwiba Sikota from Central Chambers and Patrick Mvunga of Messrs Mvunga and Associates who are representing the former Head of State.

Mr Banda’s legal representatives maintained that  their  client was enjoying Constitutional immunity against investigations.

In a letter obtained by the Times dated February 5, 2012, Mr Sikota stated that the former President enjoyed immunity under Article 43 of the Republican Constitution.

“As rightly stated in your letter, our client enjoys immunity under the Constitution. The framers of the Constitution were minded to put in this Article for good reasons. It would be wrong for us to agree to a scheme that circumvents the Constitution of this land.

”If we are prepared to circumvent even the Constitution of the land, what guarantees do we have that the other laws under which the proposed investigations and prosecutions will be held are going to be followed,” Mr Sikota said.

The letter further indicated that Mr Banda was not going to be tried in the media, adding that he had already been convicted before going to court.

“We have read in the newspapers that the press are already aware of the steps you are taking and looking at the editorial deadlines the papers have, and the time when the letter was delivered to our client’s residence, it is clear that the press had the letter even before it was delivered to our client,” the letter reads.

Ms Wandi had warned in her letter that other legal avenues would be deployed to pursue Mr Banda if he failed to avail himself for questioning.

Ms Wandi and spokesperson of the team of investigations, Namukolo Kasumpa did not immediately state the next course of action in the matter.

“All I can say is that the ACC has received Mr Banda’s letter, that is all,” Ms Wandi said.

Questioned on the follow-up action against Mr Banda, Ms Kasumpa said: “As far as we are concerned we have written to him (Mr Banda) to appear, that’s all.”

Mr Banda was written the summons on Monday this week over his alleged corruption and criminal engagements while in office and was expected at the Drug Enforcement Commission (DEC) head office today.

Ms Wandi acknowledged that the former President enjoyed immunity but that it was in his best interest to defend himself against allegations levelled against him.

Mr Banda’s two sons, Andrew and Henry are also facing corruption allegations.

Andrew is on trial over corruption charges in road contracts signed between the Road Development Agency and Fratelli Locci Construction Company, an Italian firm.

Henry, who is based in South Africa, is being sought by investigative wings for corruption but has refused to avail himself.
source: times of zambia

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CHIEF Government spokesperson Kennedy Sakeni has maintained that the Anti-Corruption Commission (ACC) is within the law to summon former Republican President Rupiah Banda for questioning.

Mr Sakeni, who is Information and Broadcasting Services Minister, said in a statement yesterday that Mr Banda should appear before ACC as he was only immune to prosecution and not investigations.

“Let Mr Banda answer the corruption allegations levelled against him because there is nothing illegal that the law enforcement agencies have done,” he said.

He advised those who wanted to play national politics to learn to be honest as misrepresentation of facts would not take them anywhere.

Meanwhile, the Law Association of Zambia says a committee was looking into the matter and would soon communicate its views to the public.

In another development, Mr Sakeni has urged Zambians to reject political parties like the United Party for National Development (UPND) that believe in violence.

He said yesterday that it was unacceptable for UPND Livingstone Central Parliamentary by-election campaign manager Garry Nkombo to insist that the party would use the ‘Mapatizya formula’ in the by-election as reported by some sections of the media.

He said Zambians were entitled to a free and peaceful atmosphere in choosing leaders in the forthcoming Livingstone Central and Mpongwe Parliamentary by-elections.

source: times of zambia

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…faces 9 counts of abuse
By YANDE SYAMPEYO

Police

CHISAMBA member of Parliament Moses Muteteka has been arrested and charged with nine counts of abuse of authority of office.
The Anti-Corruption Commission (ACC) arrested Mr Muteteka yesterday for alleged corrupt practices involving hammer-mills, bicycles and solar panels.

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chipimo

House has observed that the current crop of opposition political parties lack sincerity in the manner they engage Government on various national matters.

Special Assistant to the president for Press and Public Relations, George Chellah said opposition leaders should realise that there was always a creative, truthful and moderate side to every argument no matter the scale of the subject matter.

He said in a statement in Lusaka yesterday that the opposition should position themselves as real and mature alternatives in the governance of the country.

Mr Chellah was in particular referring  National Restoration Party (NAREP) leader Elias Chipimo Junior over allegations he made that the Patriotic Front (PF) had failed to perform.

“Lies, deceit, incitement and wayward utterances can only excite the media without providing concrete solutions to the needs of our people.

“We are cognisant that the opposition is an essential constituent in every democratic system except a modicum of civility and sincerity in their engagements with the Government is what Mr Chipimo and the Zambian opposition in general is currently lacking,” he said.

Mr Chella said the opposition should invest in sober and resourceful forms of engagements with the Government instead of the negative-criticism style of politicking.

“Our advice to them is to invest in sober and resourceful forms of engaging with the Government because this administration stands ready to dialogue with all well-meaning citizens on matters affecting the country,” he said.

He described as unreasonable, Mr Chipimo’s allegations over the performance of the Government and advised him to provide reasonable alternatives.

He said the ‘wild’ allegations from Mr Chipimo were not only exaggerated but that they also completely disregarded basic realities on the ground.

He said it would be helpful to the Government if Mr Chipimo raised tangible facts and substantiated claims.

He said failure to appreciate the practical and fundamental realities of governance would constantly make Mr Chipimo appear as though he was occupying a parallel universe somewhere.

Mr Chipimo, at a press briefing in Lusaka on Thursday, expressed concern with the manner in which the police was arresting opposition leaders, saying that was undemocratic.

“It has never been our desire to see the PF administration fail, as we want them to prosper. But they might fail if they focus on the opposition, creating new districts, moving provincial capitals and engineering of by-elections among others,” Mr Chipimo said.

He said political leaders should think about developmental issues and that the Government still had time to fulfill pledges and listen to the people.

times of zambia

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Chief Government Spokesperson, Kennedy Sakeni

Chief Government Spokesman Kennedy Sakeni says it is a pity that the five opposition parties, led by the MMD have continued congregating at meaningless press conferences for the sole purpose of whimpering about non-controversial issues.

Mr. Sakeni , who is also Information and Broadcasting minister, said in a statement today that, it is becoming clear that the MMD and their miniature partners, namely the UPND, ULP, ADD and ZDDM are a lost cause, that are grappling for some relevance in the country’s political landscape.

The MMD finds itself led by a leader whose legitimacy as head of the party has come under severe test and whose credentials are extremely questionable, given his turncoat history and career.

It is becoming clear that the MMD and their miniature partners, namely the UPND, ULP, ADD and ZDDM are a lost cause, that are grappling for some relevance in the country’s political landscape.

The UPND and its leadership does not command sufficient respect from the Zambians and lack the necessary credibility to judge the PF government.

It is laughable that ADD, ULP and ZDDM should even merit a platform to talk on serious national issues. The question Zambians may need to ask themselves is whether these three non-entities represent anybody’s interests.

“ These three parties are personal corners of their leaders without any following whatsoever, ‘ he said.

He said the government wishes to assure Zambians that progress is being made in terms of governance and development.

The political atmosphere has improved tremendously from the time PF took over and the economy has continued to grow. Therefore time for politicking is well behind us.

ZANIS

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Kabimba Wynter

Patriotic Front (PF) Secretary General Wynter Kabimba has said the influx of former MMD members joining the ruling party does not mean that the new comers would get key positions in the party’s structures.

Mr. Kabimba, who is also Minister of Justice, said PF will not allow a situation where key party positions are given to new members.

He said the Movement for Multiparty Democracy (MMD) was now experiencing problems because of alleged poor leadership in the party.

Mr. Kabimba was speaking last evening on ZNBC programme dubbed, “National Watch” monitored by ZANIS in Lusaka.

“PF welcomes the exodus of MMD members into our party but the influx does not mean they will take over key positions in the ruling party,” Mr. Kabimba said.

Former MMD Mpongwe Member of Parliament and Chairperson for Elections, Gabriel Namulambe is the latest to leave his party to join the ruling PF.

Others are veteran politician and former MMD Lusaka District chairperson Donald Chilufya, former Mines Deputy Minister Jazzman Chikwakwa and Christopher Ngoma.

On job creation, Mr. Kabimba appealed to young people in the country to be patient as government was creating job opportunities for them.

He said jobs cannot be created overnight hence the need for youth to wait adding that the PF government has a passion to improve the welfare of young people in the country.

He said the PF government will work hard because it had entered into a social contract with the Zambian people to improve their welfare as enshrined its party manifesto.

ZANIS

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Mutesa

Zambians for Empowerment (ZED) president Fred Mutesa has observed that the PF government has misinterpreted the Public order Act by claiming that people that wish to hold public rallies need to seek a permit from the Zambia police service.

Dr. Mutesa says this is contrary to the requirements of the ACT which only demands that the Zambia Police Service needs to be notified wherever one is planning to hold a public gathering.

The opposition leader has since advised the PF government to begin interpreting the law correctly and strive to uphold the rule of law.

Dr. Mutesa has noted that upholding the rule of law is key in enhancing the country’s democratic system.

Dr. Mutesa was speaking in an interview with QFM news.

source:qfm

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Lubinda Given

MINISTER of Foreign Affairs Given Lubinda yesterday returned to Zambia and pledged to continue loving the country and ruling Patriotic Front (PF).
Mr Lubinda made the “love pledge” in an address to PF cadres who gathered to welcome him at Lusaka’s Kenneth Kaunda International Airport on return from a presidential assignment in Japan.

“Thank you for the love and support…I will not stop loving you and loving Zambia,” Mr Lubinda said amidst cheers from scores of cadres.
A calm-looking Mr Lubinda said he does not feel betrayed by the ruling party and will answer all allegations levelled against him.
Mr Lubinda’s deputy, Ephron Lungu, was also on hand to receive him at the airport.
Mr Lubinda told the cadres to remain peaceful and calm in conducting themselves and emphasised the importance of being “truthful to God” and not engage in violence even under provocation.
Mr Lubinda expressed confidence that once he has explained himself, the truth shall set him free.
He said God has assigned every person on earth a specific mission.
He declined to state whether he had officially responded in writing to the allegations levelled against him last week.
The cadres, who came in several busloads, chanted slogans of solidarity and displayed placards, mainly based on love and unity.
This is the first time Mr Lubinda was speaking since the allegations were levelled against him last week.

source: dailymail

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Edgar Lungu

Home affairs minister Edgar Lungu says none of the opposition members condemning the Public order Act has approached the government to see how best the piece of legislation can be applied.

Home affairs minister Edgar Lungu says none of the opposition members condemning the Public order Act has approached the government to see how best the piece of legislation can be applied.

Mr. Lungu has said government has called on all the people with concerns to sort an audience with it but that none of them has shown interest.

Mr. Lungu has further indicated that the Public order Act is not a law but that what matters is how it is applied.

The minister has noted that the PF government will not compromise the national peace and stability by quashing laws that are meant to protect the citizens from lawlessness.

And Mr. Lungu says government has nothing to do with the operations of the police and will not in any way intervene in their operations.

He added that it is therefore illogical for the opposition to claim that there planned rally would be a big test to the PF government to prove whether it respects the rule of law.

source: qfmzambia

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Wynter Kabimba

Patriotic Front (PF) Secretary General Wynter Kabimba has said that the PF never promised to abolish the Public Order Act. Reacting to accusations in an Interview on ZNBC yesterday that the PF had u-turned on its earlier stance to amend the Public Order Act, Mr Kabimba said the party was merely concerned with the manner it was being applied.

“We were critical of the enforcement of the Public Order Act and not its content. We never said that we would abolish it but its application was not credible,” Mr Kabimba said.

Mr Kabimba further said that it was important for security wings to continue familiarising themselves with the application of the Act to avoid political misunderstandings.

And Mr Kabimba maintained that there is no room for party members that compromise loyalty and discipline as this can derail developmental focus.

“We were critical of the enforcement of the Public Order Act and not its content. We never said that we would abolish it but its application was not credible,” Mr Kabimba said.

In an apparent reference to Foreign Affairs Minister Given Lubinda who facing charges of treachery, Mr Kabimba said it was important for the PF to have a strong and disciplined membership and not allow elements of disloyalty.

“The party monitors the operations of Government and Government can only deliver on development if it has a disciplined and loyal membership, the two elements are co-related and there is no compromise on these principles.

“The party has to protect itself from members that are divided because they threaten the existence of the party and its vision. Just the way the human body acts, when there is an intrusion, the white cells come out to fight and protect it so that it continues to function properly,” Mr Kabimba said.

Mr Kabimba, who is Justice Minister, dispelled reports of infighting in the ruling party but that it was the issue of ensuring that discipline and loyalty were maintained.

“If people are singing a hymn in Church, you cannot be saying Amen, you have to follow procedure and as a party, we have a procedure which members must follow,” he said.

He said the survival of the party was paramount and cases such as that facing Mr Lubinda should not be judged politically.

Mr Kabimba cited the expulsion of outspoken South African youth leader, Julius Malema, from the ruling Africa National Congress, as a case study that political parties should emulate to avoid being derailed from focusing on development.

Commenting on the defections from the crisis-hit MMD, Mr Kabimba said the PF should not be accused of causing the problems in the former ruling party but on a failed leadership.

“The defections cannot be attributed to the PF, even the troubles that any opposition party is experiencing. If members want to leave, it is not us (PF) to blame but it’s the failed leadership of that party that should be blamed,” he said.

He added that the PF would not accept any member without scrutinising them especially those in the MMD that were alleged to have been corrupt.

source: lusakatimes

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