Only the Holy See has power over Archbishop Banda – Rev Nsama

…to sanction and remove an Archbishop from his ecclesiastical duties with Reverend Peter Nsama scolding a group of individuals calling itself House of Clergy calling for the resignation of Archbishop Dr Banda when they do not possess canonical authority By BARNABAS ZULU THOSE calling for the resignation of Archbishop Dr Alick Banda, including government, the trade unions and some group called the House of Clergy have no canonical authority to pressure and compel a Catholic Bishop to step aside because the Catholic Church as its own procedure of dealing with its prelates, Reverend Peter Nsama has said. Rev Nsama has defended Archbishop Dr Banda against calls for him to step down, accusing those demanding his resignation of applying the law selectively over a vehicle linked to a case involving 22 vehicles belonging to the Zambia Revenue Authority (ZRA). Rev Nsama argued that the House of Clergy had no canonical authority to compel Archbishop Dr Banda or any Catholic Archbishop to resign because the Catholic Church had its own canonical procedures of handling matters relating to its priests and bishops. “With respect, House of Clergy has no canonical authority over a Catholic Archbishop. Under Canon 381 and 401, only the Holy Father can remove a Bishop,” he said. He also also questioned why Archbishop Banda had become the focus of public scrutiny when, according to his account of sworn court testimony, two vehicles in the same case were allegedly linked to Heart of Mercy. “Former ZRA Board Secretary Suzyo Ngandu testified under oath: Of 22 vehicles at the centre of the case for which two officials were convicted, three were not advertised, one to Archbishop Banda, two to Heart of Mercy,” he said. He also cited testimony by arresting officer Mulimba that a Toyota Hilux, registration number ALF 4655, had been seized by the Drug Enforcement Commission (DEC) from Heart of Mercy director Madam Phiri and was presented as evidence in court. “You know a Church that runs 120 hospitals does not need to steal one used Hilux. It can buy 50. You know a man given a vehicle with an official ZRA letter cannot reasonably know an officer allegedly forged a receipt in another man’s name, a man who himself says, “I never bought it, I never gifted it. You know if 22 vehicles were allegedly stolen, you must account for 22, not 1,” he said. “Yet, only Archbishop Banda faced Chimbokaila and cameras. Heart of Mercy, not summoned, not paraded, not charged. Its two vehicles never mentioned by DEC in public. You cannot say it is illegal for Archbishop to receive, but legal for a charity to receive from the same source on the same day. That is not justice. It is selective prosecution,” Rev Nsama said. He argued that if possession of property suspected to have been unlawfully obtained constituted an offence, the circumstances surrounding all the vehicles should be examined fairly. Rev Nsama also maintained that the Catholic Church, which operated numerous health facilities, had the capacity to buy vehicles and questioned whether Archbishop Banda could reasonably have known about any alleged irregularities involving the vehicle. He also challenged those calling for the Archbishop’s resignation to demonstrate the same concern over the abductions, deaths and the prolonged detention of citizens and political leaders at Mukobeko Correctional Facility without trial. Rev Nsama said Archbishop Banda was entitled to the presumption of innocence under Article 18 of the Constitution and urged authorities to ensure that justice was applied consistently. “Prosecute all 22, or prosecute none. We have one Zambia, one law, and one conscience,” he said.

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