Thu, 25 Jan 2018 12:57:36 +0000
. An appeal to President Lungu
By Dr Peter Machungwa
THE Constitution of Zambia states that Zambia is a Christian nation. It further states in the preamble that “… We the people of Zambia… resolve to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the state are performed in common interest.” Clause 1 of the Constitution states that the Constitution is the Supreme Law of the land and that an act or omission that contravenes the constitution is illegal. Our country is governed by the rule of law and that all persons are equal before the law.
With the above background in mind, it is sad and mind boggling to note the inertia, commissions or omissions by the state in the manner it has been dealing with the case of Dr Chiluba, the late Second Republican President of Zambia. As most people are aware, Dr Chiluba’s immunity was lifted by Parliament and he was subjected to a nine-year ordeal of ridicule, humiliation, incessant court appearances and at times even being denied access to needed specialised medical attention. At the end of it all, Dr Chiluba was acquitted by the Courts of law and declared innocent of all charges.
With that development, the government of President Rupiah Banda started the process of restoring Dr Chiluba’s status and handing back to him properties that had been confiscated or sequestered. Unfortunately, Dr Chiluba passed away in June 2011 and President Banda was, a few months later, succeeded by Mr Michael Sata who won the Presidential elections held in September that year. Since then, very little, if anything, has been done to restore Dr Chiluba’s name and return his properties to his family.
It is a well known fact that the infamous cartel that had championed the lynch-mob type persecution of Dr Chiluba went into overdrive trying to push government to trash and ignore the court judgement that had acquitted Dr Chiluba. The same cartel had by now ingratiated themselves and latched on to President Sata for whom they had heavily campaigned in the election leading to his presidency. With their corrosive hatred and malice for the late President, they ensured that nothing was done to address Dr Chiluba’s issues. If anything, they attempted to even reverse court decisions that had been decided in favour of the late President.
Today, the influence of the cartel has waned. This is because it has turned out that the cartel members had engaged in numerous subterfuge and various criminal activities involving billions of Kwacha. Today, these cartel characters are facing serious criminal proceedings in the courts of law.
The important question to ask now is, why should late President Chiluba’s case be treated differently from other similar cases? For example, when President Banda’s immunity was lifted by Parliament and he was prosecuted and was later cleared by the courts, his status was restored.
What is so different about Dr Chiluba’s case? The man was found innocent and cleared of all charges by the Courts of law. Why should the state continue to hold on to his properties while his family languishes in poverty? This flies in the face of our Country’s Constitutional provisions on values of morality and justice and rule of law. It should be recalled that, the Supreme Court of Zambia established and ruled that an amount of 8 million U.S dollars in the Zamtrop account was Dr Chiluba’s personal money.
Yet there has been no movement on the part of the state to give this money to Dr Chiluba’s family. Why should this injustice continue to be perpetuated? Who is responsible for the none action in this matter? Is the present government still being controlled by the infamous cartel? I don’t think so.
Under these circumstances, I am earnestly and humbly appealing to President Lungu, the Head of State to cause the relevant government offices to do what is right and just in the case of late President Chiluba. For according to Clause 91 (3)(f) of the Constitution of Zambia, it is incumbent on the President of the Republic to uphold the rule of law in his exercise of executive authority. Even though President Lungu may not have been responsible for the injustice perpetrated in the past regarding Dr Chiluba’s case, it is now his legal, moral and Christian responsibility as father of the nation to do what is necessary so that this sad chapter in our nation’s history can have some closure.
Mr President Sir, the ball is in your court.
Dr Peter D. Machungwa, Former Cabinet Minister.
