A Zambian court ruled on Friday that former president Frederick Chiluba can be stripped of his immunity to face charges of corruption, in a sharp reversal of fortune for a man who had entered office as a populist reformer.
A Zambian High Court judge said parliament had acted within its powers when it voted on July 16 to strip Chiluba of the presidential immunity he enjoyed during 10 years in office.
”I found that there was nothing inappropriate in lifting the immunity for the purpose of facilitating investigation,” said High Court judge Anthony Nyangulu.
Zambia’s constitution contains provisions that allow parliament to pass a resolution to strip a former head of state of his immunity, the judge said.
The ruling follows a legal challenge by Chiluba against the vote. His lawyers immediately announced an appeal to the Supreme Court.
Parliament decided to scrap Chiluba’s immunity from prosecution after President Levy Mwanawasa alleged that his predecessor had stolen millions of dollars of state funds during his 10 years in office.
Chiluba had argued in his court case that he should be allowed to defend himself before parliament, but the judge dismissed that claim, saying the National Assembly does not function like a court.
”It is erroneous that the applicant should have been heard by the National Assembly,” Nyangulu said.
”The applicant will be given an opportunity to defend himself if he is arrested by the police or the Anti-Corruption Commission. He will also be brought before the courts, where he will defend himself with the lawyer of his choice,” the judge said.
Immediately after the ruling, Chiluba’s lawyers said they will appeal to the Supreme Court, a move that would allow the former leader to keep his immunity until the nation’s highest court makes its own decision.
”This is an obvious case of appeal. We would want this case to be determined by the highest court,” Chiluba’s lawyer Robert Simeza said.
But a leading lawyer for the government, Mutembo Ntchito, said: ”We are happy that we have been vindicated.”
Analysts said Friday’s decision marked a sharp reversal of fortune for a man who had entered office as a populist reformer.
Chiluba had handpicked Mwanawasa as his successor, but the new president won the December election with less than 30% of the vote, after opposition candidates split the rest of the ballots.
Since taking office in January, Mwanawasa has won widespread popular support through his anti-corruption drive, sacking senior ministers accused of graft and launching the court case against Chiluba to recover money the former leader is accused of siphoning out of state coffers.
Chiluba entered office 10 years ago as a populist democratic reformer, who unseated Kenneth Kaunda — the country’s first president after independence from Britain — in multiparty elections.
But Chiluba’s image changed as he became known for a fondness for designer suits and as the economy in one of the world’s poorest nations failed to make significant advances despite liberal reforms.
Chiluba’s personal life has also been hit. Last year he divorced Vera, his wife of 33 years.
She is demanding $2,5-billion as part of the divorce
settlement — a sum nearly the size of Zambia’s gross domestic product. – Sapa-AFP