NKOLE’S ALLEGATION ON THE JUDICIARY BASELESS

LUSAKA, Tuesday June 21, 2011 – The allegation by Mr. Maxwel Nkole, former disanded Task force on Corruption Chairman, which appeared in today’s The Post Newspaper (June 21, 2011) that President Rupiah Banda interferes with the delivery of justice in the country is not only demeaning to the President but insulting to the Judiciary. President Banda strongly belives in the doctrine of Separation of powers which underpins the independence of the Judiciary from the other two arms of government – the executive and the legislature.

Mr. Nkole should avail himself with the necessary evidence before releasing false and libelious statements to the media. At no time did President Banda promise to terminate Dr. Katele Kalumba’s corruption cases in return for political support in Chiengi. Likening the case of Dr. Kalumba to that of the late second Republican President, Dr. Frederick Chiluba, is doing an injustice to the memory of the late President. The nation is currently mourning Dr. Chiluba and dragging his name through the mud, as Mr. Nkole and others are trying to do, is an affront to our culture and traditions in Zambia. Let us mourn Dr. Chiluba in peace and dignitiy.

For the record, Dr. Chiluba faced the courts of law and was acquitted on corruption charges by the High Court – not President Banda. The President does not appeal acquittal cases to a higher court. The Constitution of the Republic of Zambia is very clear on the appeal process. It empowers the Director of Public Prosecutions to appeal to a higher court based on his legal opinion.

The courts have convicted and sentenced a number of the President’s political colleagues. The conviction of Dr. Solomon Musonda, former Health Deputy Minisiter, is one such example which demonstrates the independence of the courts. Some former service and security chiefs have also been convicted by the courts. At no time did the President attempt to reverse these convictions. The accused have defended themselves in court and have, in some cases, been aquitted.

Mr. Nkole is a bitter and frustrated man who tends to blame his failure to run the disbanded task force on corruption on others. As a former police officer, he must understand that Zambia is one of the few African countries which has upheld the independence of the judiciary. Let Mr. Nkole learn to respect our courts of law.

But it is up to the judiciary to defend itself from such accusations.

this is contained in a statement by the State House Public Relations unit.