Thu, 25 Jan 2018 17:51:56 +0000
By CHIKUMBI KATEBE
PRESIDENT Edgar Lungu should restore late President Frederick Chiluba’s immunity salvage the dignity and respect declared by the courts of law when he was acquitted of all the charges labelled against him, former minister in the Chiluba Government, Peter Machungwa said.
Dr Machungwa said although President Lungu was not responsible for the injustice perpetrated in the past against Dr Chiluba, it was his legal obligation and as a father of the nation, to do what was necessary to put closure to this matter.
Dr Machungwa explained that the Republican Constitution under Clause 91 (3) (f) particularly demands for the incumbent to uphold the rule of law in his exercise of executive authority, which included the execution of the acquittal by the Courts of law which declared Dr Chiluba innocent of all charges.
“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, 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,” he said.
But Dr Machungwa explained that following the death of Dr Chiluba in June 2011 and the short period during which President Banda stayed in office, very little, if anything, had been done to execute the court order and restore Dr Chiluba’s name and return properties to his family.
He alleged that the infamous cartel that campaigned the lynch-mob type persecution of Dr Chiluba have continued to further frustrate the court judgment as they ignore the court judgment.
“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,” Dr Machungwa said.
Dr Machungwa charged that currently, the cartel members have met justice as they face numerous criminal charges involving billions of Kwacha, hence the right time to follow through the Chiluba acquittal and restore his dignity.
“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.
“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,” Dr Machungwa argued.
Dr Machungwa questioned why the injustice had continued around the Chiluba case, and whether the Government was still under siege by the cartel, adding that “it is now President Lungu’s 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.”
