14th March, 2013
THE SPEAKER OF THE NATIONAL ASSEMBLY
Hon. Judge P. Matibini S.C
RE: ILLEGALLY LIFTING FORMER PRESIDENT BANDA’S IMMUNITY
Reference is made to the above captioned matter. I have decided to address you through the uncompromised private online media so that this letter meant for you only becomes public record in order to avert a situation where you cry foul in future when the time for you to be held accountable for your ‘would be’ (I emphasis) irresponsible actions arrives. I have also done the same in order to protect myself from harassment by officers and minions that serve a decadent and vicious dictator in President M.C Sata.
It has come to my attention that the National Assembly under your stewardship intends to carry an illegal vote over the lifting of former President Banda’s immunity tomorrow without the house being furnished any reasons in the form of allegations for the said lifting of immunity. Even if such reasons where to be furnished, you of all people know that the last procedure adopted in respect of Dr. Chiluba was illegal as he was not afforded a chance to be heard before the said National Assembly when even the Almighty God gave Adam a chance to be heard in the Garden of Eden.
As a constitutional lawyer and having been a judge, you will appreciate that the Supreme Court of Zambia judgment in respect of the right to be heard in the Chiluba case was a complete sham and represents just how our judiciary can be bullied by the executive. Kindly don’t get me wrong, I am not saying Dr. Chiluba did not commit any crimes, all am saying was that by necessary implication, the same way Levy addressed the National assembly, Dr. Chiluba in some’ arrangement’ by the Speaker’s discretion ought to have had a chance to do the same in order to satisfy the rules of natural justice in particular ‘audi alteram partem’ (the right to be heard) which includes that;
A person must be allowed an adequate opportunity to present their case where certain interests and rights may be adversely affected by a decision-maker.
To ensure that these rights are respected, the deciding authority must give both the opportunity to prepare and present evidence and to respond to arguments presenting by the opposite side.
When conducting an investigation in relation to a complaint it is important that the person being complained against is advised of the allegations in as much detail as possible and given the opportunity to reply to the allegations.
If this had been done, even his inevitable prosecution would have concentrated on serious allegations with real evidence as opposed to all manner of un imaginable theft in figures presented to the National assembly only for him to be prosecuted for a ‘few coins’ as compared to the figures presented to the National Assembly amount. I personally want to hear what R.B stole as a tax payer before any motion is tabled before the National Assembly so that I know whether it’s in my interest as a tax payer or not. It will be very unfortunate if this becomes a money making expedition again for people to pay off debts and start trying out their luck in the airline business with money from bogus corruption crack downs
I SINCERELY HOPE THIS WILL BE OBSERVED UNDER YOUR TENURE AS SPEAKER.
As for tomorrow’s so called ‘vote’, be warned that if you allow this illegal vote to go ahead, as no charges are clear or have been tabled not only to the National Assembly but to the public as a whole as lifting of a former Zambian head of state’s immunity is in public interest above all, kindly automatically include yourself to the following list of people who are addicted to illegality and who will be answerable to “WE THE PEOPLE” sooner rather than later which include but the following if you dare allow such illegality to take place under your watch tomorrow I repeat:
1. H.E Micheal C. Sata
2. Judge Ngoma
3. Stella Libongani
4. Dr. Solomon Jere
5. Charity Katanga
6. Mary Tembo
7. Fred M’membe
8. Mutembo Nchito
9. Winter Kabimba
10. Kennedy Sakeni
12. Obvious Mwaliteta
13. Sylvia Masebo
14. Brian Hapunda
As highlighted above, you can add your name to the above individuals in slot number 15 if you allow illegality to take place tomorrow. Be comforted that the list grows each week however. It’s nothing personal as we know each other personally and I believe you are one never to entertain illegality or atleast you profess when we are in contact in the academic circles though rarely these days. However, my fear is compounded by the fact that some of your closest friends who got you your current job include number seven, eight and nine on the above list who you have at one point in time either shared an office with in the Local Government Service or as lawyers in a partnership. I trust you will heed to my advice as the consequences will be to grave in the not too distant future.
Do the right thing tomorrow, TO BE FORE WARNED IS TO BE FORE ARMED