Chipimo says Speaker erred on RB

The removal of immunity from former President Rupiah Banda was too sensitive an issue for Parliament to have moved with the speed that it did, thereby giving the impression of  collusion and complicity with the government, NAREP President Elias Chipimo has said.

He said the action by the Speaker was both surprising and concerning because as a former Judge, the Speaker did not accord due respect to the notion of separation of powers, because the effect of rushing the decision on the motion of lifting the immunity created the impression that the impartiality of parliament may be open to question.”

“And as a former Judge, the Speaker should appreciate the maxim that justice should not just be done but be seen to be done.” He said.

Unfortunately for those that are determined to continue to behave as though our courts do not exist he said, the courts still can reverse a decision that is not consistent with the law and the constitution.

“Everything that has been done so far, if it violates the law can be reversed by the courts through the judicial review granted by high Court Judge Anne Sitali.” He said

Parliament he said was still amenable to the Constitution and cannot contravene the constitution and the law

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93 Responses to "Chipimo says Speaker erred on RB"

  1. TCP  April 19, 2013 at 18:48

    BA CHIPIMO MWALIKWISA WHEN THIS ISSUE OF REMOVING THE IMMUNITY WAS HOT? IT WAS BETTER FOR YOU TO START TALKING AGAINST IT THEN. NOT WHEN WATER HAS ALREADY BEEN SPILLED. WE NEED YOU IN LEADERSHIP TO HELP OUR GOVERNMENT SEE BEYOND POLITICS. WE NEED PATRIOTISM IN OUR COUNTRY. WE HAVE LOST OUR CULTURAL IDENTITY. WE NOW INSULT ELDERS FREELY AND OTHERS LAUGH ABOUT IT. ITS A SHAME. WE DONT SEEM TO BE IN THE SAME ZAMBIA WE WERE IN SOME YEARS BACK.

  2. sitondekwa  April 18, 2013 at 09:05

    Vatondeka!! Navizanda!!

  3. gambino  April 18, 2013 at 08:45

    Zambians must nw pay for their mistake for voting mr Sata and the PF government the fight of corruption is nw segregativ is on targeted to opposition members and those in the previous govt.This is a true example of the animal farm

  4. luka  April 17, 2013 at 19:55

    surely what kind of laws are here in zambia where governmen officials can never be quesioned or arrested look at mwalitea, masebo,nchito,kabimba and the rest. beassured you guys that as soon as pf mandate is over you have to run away from zambia because the people of zambia will phisically man handle you and take you to jail, i swear and i promise.

  5. Muntu Na Muntu  April 17, 2013 at 19:04

    I just suppose E Chipimo had no coverage on this issue or he has just been forced to speak because may he has just been queried by the author. Otherwise, ba Chipimo you must pay attention to all the deliberations of parliament chaired by Matibini and you will notice that Matibini is a pure PF cadre and far to the likes of Robinson Nabulyato, Fwanyanga Mulikita, Amusa Mwanamwambwa. Even Mukondo Lungu and Chifumu Banda chairs the house much more impartial than this Cadre Matibini. He has spoiled debates in parley. That is why this man won with only one vote.

  6. kambili  April 17, 2013 at 18:02

    CHIPIMO , PLEASE TELL US ABOUT HOMOSEXUALITY! YOU ARE TOO LATE TO TALK ABOUT RB.

  7. Alert citizen  April 17, 2013 at 17:27

    Is President Sata protecting Mutembo
    Posted on 17 April 2013.
    Is President Sata protecting Mutembo Nchito from corruption investigations if so why since he is allergic to corruption?
    We ask because the statement by the Anti-Corruption commission suggesting that Nchito is beyond their purview is at best ridiculous and totally disingenuous and in our view contemptuous of the constitution of Zambia.
    Nobody in this country is above the law. Not even the President.
    It displays the malaise and cross institutional collusion which Solwezi Member of Parliament Lucky Mulusa has appropriately addressed.
    As a creature of statute an office is above the individual. Individual misconduct in any office is not exempted from the law. Therefore if the President abrogates the law he is open to censure including removal by means of impeachment as provided for in the constitution.
    Therefore to suggest as the ACC seems to be stating that Mutembo Nchito by virtue of being DPP is above their wide, constitutional powers of investigation is akin to suggesting that Parliamentary procedures are above the scrutiny of the courts of law.
    The ACC must be brave enough to tell the nation that they have been too frightened to write to President Sata to suggest the constitution of a Tribunal to investigate allegations of corruption against Mutembo.
    The allegations are very clear. Mutembo has entered two nolle Prosequi against Finance Bank Chairman Rajan Mathani. These nolle were entered during a time  when he, Mutembo was owing the Bank US$4million. This matter was before a court of law and the charges against Mutembo were that he had obtained the money by fraudulent misrepresentation, a criminal offence for which he should have been prosecuted.
    Soon after entering the two nolle, Finance Bank changed lawyers and discontinued the US$4million case.
    These matters are on court record.
    What Brebner Changala has suggested is that Mutembo abused his powers of office as DPP to enter nolle Prosequi in exchange for the forbearance of the case. He has gone further to link Finance Bank to offences against the Finance Act and the theft of billions of Dollars from the accounts held through Bank of Zambia for sequestrated assets under the defunct and discredited.
    The law is very clear. Where a citizen makes a report the Commission must investigate and make a determination on the veracity and substance of the case.
    In the case of the DPP the law provides that the President must suspend the DPP and institute Tribunal to investigate the allegations.
    It is not for the President to investigate but for the Tribunal to do so and make a recommendation for a course of action. Mutembo Nchito and his friends know the procedure well, they used it against late DPP Mukelabai Mukelabai.
    What the ACC should be telling the nation is that they have written to the President recommending an investigation that should be conducted by a Tribunal.
    If indeed they have done so and the President has refused to constitute a Tribunal they should also tell the nation accordingly, then people will find a way of proceeding.
    It is not fair for the Commission to push people from pole to pillar with convoluted explanations when the matter is so clear and straight forward.
    This Government we have been told, and the President in particular is allergic to corruption. This is one case that must be resolved to its logical conclusion.
     

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