Tue, 12 Feb 2013 12:31:28 +0000
The demand for the removal of RBs immunity is puerile.
It is being promoted by individuals whose penchant for illegality is legendary if not notorious.
Their signature is written all over the process including the manner in which the so called “ACC call out” was crafted and delivered. The notice in form of a letter was first delivered to the public media before it was delivered to the office of the fourth Republican President Rupiah Banda. This was not by mistake.
This is the handwork of the cruel and heartless cartel which Zambians are beginning to understand. This is not the work of normal people but sociopaths who lack a conscience.
The public delivery of the contrived notice from the ACC was intentional. It was intended to publicize and above all humiliate RB as a preamble to the call for the lifting of immunity.
The notice itself was intended to achieve maximum damage to the former President both locally and abroad where he has been recognized as a credible leader. They were aware that RB had just been appointed as the head of a 50man international team to oversea the forthcoming elections in Kenya.
In reality there is absolutely no basis or justification for the call, because it is illegal and unconstitutional and can only be made in the confines and stipulation of the law.
As it stand the people demanding the removal of immunity have no standing whatsoever, in terms of law, morality, legal standing and legitimacy.
For a start the Anti Corruption Commission has no power to summon a former head of state who is protected by a constitutional immunity clause. The clause protects him from prosecution and it stands to reason that he is not duty bound to acquiesce or indeed subject himself to any activity that will invariably open him to prosecution.
The whole point of immunity is to accord a head of state enough room and latitude to enable him undertake his function without any fear of prosecution at the end his term.
It is indeed regrettable that in the case of President Frederick Chiluba the procedure for the removal of immunity was drastically abrogated when the President then, Levy Mwanawasa truncated procedure by addressing Parliament and thereby obviating the debate that should have ensured if a proper motion had been presented.
It is ironical and of great interest that the same drivers that ensured “illegality” in FJT persecution are also behind the new call for another President to be treated in an equally shabby and illegal manner.
This is totally unacceptable.
This time round the call must be substantiated as provided by the law and those making it must be held to strict proof to ensure that the law is not abused.
We should not be the only country that has a record of persecuting former leaders on the basis of allegations made by selfish sociopaths who have no national interests at heart.
If indeed Government succumbs to the puerile wishes of the cartel it will be a betrayal of the law which they will regret because those responsible have nothing more than their own interest to protect, they will betray President Sata if the dictates of the moment so demand.