Zambian Supreme Court on Wednesday threw out an appeal by ex-president Frederick Chiluba against a parliamentary decision to lift his immunity so that he can face prosecution for corruption.
Chief Justice Ernest Sakala in a lengthy judgement read on behalf of eight other judges said parliament acted within the law when they lifted Chiluba’s immunity last year in July.
”Since all grounds of appeal have failed, we have accordingly dismissed the appeal,” Sakala said.
Chiluba’s lawyers had argued that parliament did not follow procedure when lifting the immunity and further contended that the former president should have been given a chance to defend himself against corruption charges.
”We found nothing in the constitution, which say that before parliament lifts the immunity, the former president needq to be given an opporunity to be heard,” Sakala said.
Zambian President Levy Mwanawasa last year told parliament that Chiluba allegedly committed serious criminal activities that amounted to plunder of the national economy.
”The power to determine the guiltiness of a person is not with the National Assembly but the courts of law,” Sakala said in response to Chiluba’s argument that Mwanawasa’s address to parliament contained allegations which were not true.
Shortly after judgement was passed, scores of Chiluba’s supporters openly wept while the former president remained composed, though he refused to answer any questions regarding the failed appeal.
The Supreme Court ruling paves the way for a newly constituted criminal investigation department to arrest Chiluba and charge him with various corruption offences. So far, several former government officials including ex-intelligence boss Xavier Chungu have been put in jail facing different corruption charges. – Sapa-AFP