Written By Waziona Nkhwekwe Chirwa
I am aware that the standards in the fight against corruption have fallen in Zambia, however, the attempt by the Director General of the Anti Corruption Commission to strip President Banda’s immunity using the back door, represents a new low in the ever falling standards of governance and the rule of law in Zambia.
Former President Banda should not participate in the illegal circus that is being conducted by the toothless Director General of the once vibrant Anti Corruption Commission. It is a notorious fact that she has no power to summon and later on question the former President while he still has immunity from prosecution.
Article 43 (3) of the Zambian Constitution is instructive about the procedures that have to be followed when sufficient evidence exists that points to the President having committed crimes while in office. To refresh her selective memory I have reproduced an extract the constitutional provision that deals with Presidential immunity.
43. [Protection of President in respect of legal proceedings]
(3) A person who has held, but no longer holds, the office of President shall not be charged with a criminal offence or be amenable to the criminal jurisdiction of any court, in respect of any act done or omitted to be done by him in his personal capacity while he held office of President, unless the National Assembly has, by resolution, determined that such proceedings would not be contrary to the interests of the State.
A little shame if that is all one has is a good thing. It is clear that the DG for the ACC is shaping up to be very shameless and spineless individual in the discharge of her very important duties.
If the DG is serious about fighting corruption, why has she grown cold feet in the case involving Wynter Kabimba, A notoriously arrogant, lawless and reckless government official who went and insulted the integrity of the ACC by refusing to be questioned?
Wynter spat in the face of the ACC and the DG has done nothing to restore the ACCs credibly which has been stretched thin by its clear and naked double standards. If the current DG is too weak to stand up to her political masters the decent thing to do is to resign, rather than sacrifice the fight against corruption on the altar of greed, lawlessness and insatiable thirst for power.
Only the national assembly has authority to remove the immunity enjoyed by former President Banda and not these pretenders on the throne, these puppets on the strings masquerading as leaders in the discredited corruption fight in Zambia.