Lawyers for Zambia’s ex-president Frederick Chiluba on Thursday defended their client’s right to keep the immunity from prosecution he enjoyed while in office, which parliament voted to lift earlier this year.
Chiluba’s lawyers told nine Supreme Court judges that lawmakers erred by lifting his immunity without bringing specific criminal charges against him.
In July, parliament voted unanimously to lift the special
privilege after President Levy Mwanawasa alleged that Chiluba stole millions of dollars of state funds while in office.
Chiluba challenged the decision in the High Court, but had to appeal to the Supreme Court after the lower court ruled that parliament had acted lawfully.
”President Mwanawasa merely made allegations but the
constitution demands that for the (presidential) immunity to be lifted, there is need for specific charges,” one of Chiluba’s lawyers, John Sangwa told the court.
The constitution provides Chiluba with permanent presidential immunity against criminal prosecution for offences he may have committed while in office, Sangwa said.
”Therefore, the lawmakers ought to have had specific offences he committed in his private capacity,” Sangwa said.
He repeated the charge that parliament had not followed procedure when they lifted Chiluba’s immunity as the former president had not been given an opportunity to defend himself against the allegations.
Chiluba, smartly dressed and looking jovial, sat through the court proceedings among a group of supporters that had escorted him to the court.
It is the first time in Zambia’s judicial history that nine Supreme Court judges are sitting to hear a single case. The proceedings were set to resume on Friday. – Sapa-AFP