STATEMENT ON THE INVITATION OF PRESIDENT RUPIAH BWEZANI BANDA TO APPEAR BEFORE THE ANTI- CORRUPTION COMMISSION (ACC), BY DR. NEVERS MUMBA, PRESIDENT OF MMD, FEBRUARY 5TH 2013
MMD stands appalled at the abuse of both office and the constitution by President Michael Sata and the PF government.
President Sata’s instruction to the ACC to demand that President Rupiah Banda be summoned, is a major breach of the Constitution which has provided immunity to the former Head of State. As a Party, we do not seek to defend any wrong doing by anyone of us. If there is something wrong done while President Banda was President, that can only be pursued by following constitutional provisions. As of now, President Banda enjoys immunity and this demand for him to face law enforcement agencies is an illegality that must be stopped.
We know that the directive is from President Sata, as he had indicated in the case of Mr. Wynter Kabimba, that the ACC must not summon anyone of high standing without his knowledge.
MMD considers this action as part of the on-going harassment of MMD Leaders, with the hope of destabilizing the Party. We have not re-acted to President Sata in his unreasonable assault on the opposition. His total disregard for the Law and the Constitution he had sworn to defend. Today’s action is a step too far. President Rupiah Bwezani Banda enjoys immunity, and any attempt to circumvent his rights and privileges is unconstitutional and will be costly to PF.
This action comes at a time when the PF wishes to side-track the population which was demanding to know the whereabouts of the President and his condition. The action also seeks to divert people’s attention from the failed policies of the PF administration.
This blatant disregard for the law and constitution continues to provide the necessary material for the impeachment of the President.
It has also become obvious that President Sata wishes to freeze the constitution, so that he can govern by decree.
MMD is ready to stop the PF from fatally injuring the democratic gains made under the MMD Leadership. We shall fight using all constitutional avenues available to us, including impeachment, which now remains a strong alternative to stop this president from ruling by decree.
We appeal to all our members nationwide and all Zambians to brace themselves for the worst as PF continues on its crusade of dividing the nation.
We therefore, condemn the action by the PF government for threatening former President Banda by saying, “I further advise that, should you elect not to accept this invitation, which you are entitled to do, the Law Enforcement Agencies will have no option but to pursue other legal avenues.”
May we know what other legal avenues they wish to use.
President Sata knows the procedure that must be followed if you wish to arrest a former Head of State.
It is immoral for this government to have released the letter from the ACC to all State Media even before President Banda could be served with the letter. This shows that the whole exercise is in bad faith, and Zambians must demand that procedure of law are followed.
We condemn the unconstitutionality of this reckless effort by President Sata.
President Sata continues to pose the greatest threat to democracy and peace in the nation. Time is now ripe for Zambians to stop him from further injuring the peaceful democracy and unity we have enjoyed over the years.
I thank you.
Nevers Sekwila Mumba
PARTY PRESIDENT – MMD