Prosecuting RB

The script is all too familiar and the outcome predictable.

This is not about justice. This is about the final humiliation of RB who dared challenge the cartel.

In fact the final humiliation is yet to come. According to the script RB should be put in the cells over a number of days, preferably over a weekend when dealing officers will be hard to find. If there had been a non-bailable offence he would have been indicted on it for the sake of keeping him behind bars.

This is the nature of the people behind the scheme of persecution at play. The are cruel, heartless and totally unprincipled.

We believe the RB issues has been badly handled because of  extreanous interests.

The point overlooked by the speaker is the manner in which a determination under Article 43 should be made. The Act states that …”unless the National Assembly has, by resolution, determined that such proceedings would not would not be contrary to the interest of the state.”

In other words the National Assembly must make such a determination and not any other person.

Clearly it is not good enough for Mr. Wynter Kabimba to gather a number of his cronies from outside Parliament to make such a determination and present the National Assembly with a fait accompli.

For goodness sake RB was President of this country, in which capacity he was a member of the National Assembly and it follows therefore that only his peers in a Government which believes in the principle of  Primus inter pares  should make a determination that should result in a motion in the house.

In other words Mr. Kabimba’s friends should have presented their findings to the National Assembly which then should have passed them on to a special committee that would then make such a determination for the house to vote on.

Natural justice is very important. The bunch of people calling themselves  Government Joint Investigation  team have absolutely no legal status under our laws. They are a recreation of the defunct Task Force on Corruption which is notorious for corruption, theft of funds and abuse of authority.

Nobody least of all our former President should be subjected to summary procedures engineered by adhoc bodies that are tutored by well known fraudsters, scoundrels and villains.

The National Assembly has very competent people capable of making a determination that is not tainted by malice and personal prejudice of those who may want to exact revenge on a man whom  they accused of initiating  the process of getting them to pay the Billions they owe the Zambian people.

Let this process bear the respect and dignity befitting the office of former President. This is not possible if the people investigating are junior operatives in Government agencies, who hold the Minister of Justice, DPP and others in awe.

The Speaker is correct when he states that he has absolute discretion to deal with motions that arise in the house- that is true. But the situation changes when there is a challenge based on the principle of natural justice. He ceases to have discretion to give way for judicial interpretation.

The speaker can not be the Judge in his own matter. That is why Members of Parliament were at pains to raise points of order against the speaker. This was as unprecedented as it was a show of frustration.

The speaker should allow an independent body to determine if the principle of natural justice was complied with, following Wynter Kabimba’s submission whose origin was not subjected to scrutiny and verification by  the house.

In our view a committee made up of Honourable MPs should be the only institution to make a recommendation to the house and not civil servants who are instructed by outsiders.


Categorized | Editorial

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