Sata gets taste of his medicine as state revives case

HUMPHREY NKONDE
Correspondent | Friday November 20, 2009 00:00

Sata was dragged to court after former president Levy Mwanawasa came to power in January 2002 on charges that he stole two vehicles when he was Minister Without Portfolio in president Frederick Chiluba's government.

Sata was detained at Kamwala Remand Prison for 25 days.
Sata, who was a Member of Parliament when that law was enacted, found himself in a situation in which the law he helped formulate was applied on him.

However, Sata was acquitted by the magistrates' court and eventually stood in the Presidential elections on September 28, 2006. Sata emerged runner-up to Mwanawasa and also to President Rupiah Banda in the October 30, 2008 presidential by-election after Mwanawasa died.

Since the state failed to establish a case against Sata, he decided to sue the government for malicious prosecution and demanded damages, saying his reputation as a politician and businessman had been affected by the case.

The High Court awarded Sata damages, which were to be assessed by the Deputy Registrar in August last year.

After the judgement of the criminal case, the state decided not to appeal to the High Court, but instead decided to appeal against the civil case involving compensation. When he become president, Mwanawasa once claimed that he was frustrated by Sata.

Another lawyer, who resigned from the Chiluba government at the same time as Mwanawasa was Ludwig Sondashi.

Mwanawasa decided to appoint Minister of Works and Supply from where allegations that Sata had stolen two vehicles emerged.

This is the reason Sata sued Sondashi for defamation, but the High Court quashed the claim, which was jointly slapped on Sondashi and one-time Inspector General of Police Silus Nagungula.

Sata, who claimed that the vehicles had been returned, accused the State of applying double standards, as it has decided to appeal against his civil case, but has not appealed against Chiluba's criminal case.

He has written to the Chief Justice questioning why the appeal case involving Chiluba's wife, Regina , would be heard by a panel of three judges.

Chief Justice Earnest Sakala has indicated in a story aired by the Zambia National Broadcasting Corporation (ZNBC) television that the appeal case involving Regina would be heard by three High Court judges. Normally cases before the High Court are heard by a single judge.

Regina has been convicted and jailed for three years regarding the case in which the Task Force on Corruption has proved that she obtained property believed to belong to the State.

Chiluba's wife was sent to prison, but has come out after she appealed against the magistrates' court pending hearing before the High Court.

Regina's case is interlocutory to the cases against Chiluba's and now that the former President has been acquiited, the grounds for the former President's spouse have become stronger.

The Task Force on Corruption failed to prove that Chiluba, whilst acting with other people, embezzled public funds amounting to US$ 500 million.

Regina was first tried by the Ndola magistrates' court but the State decided to enter a nolle prosequi and the case was transferred to Lusaka , where fresh charges were preferred.

Another case involving a high profile personality is that of former Vice President Enock Kavindele who has been cited for contempt by the Supreme Court. It is alleged that Kavindele issued a statement to the effect that the Supreme Court ruled against him over Vodacom Zambia because of President Rupiah Banda.

Vodacom Zambia Ltd had sued the State that it held the fourth licence as a mobile service provide, but the Supreme Court quashed the decision that was upheld by the High Court.

The former vice president is a businessman-turned-politician who was brought into Zambian political limelight by Chiluba who ensured that the ruling Movement for Multi-party Democracy (MMD) swallowed Kavindele's small opposition party.

Kavindele rose to the position of republican vice president and vice president of the ruling Movement for Multi-party Democracy (MMD).

Kavindele was Chiluba's last Vice President who also held the position of vice president of the ruling party.

Chiluba continued as MMD president and also handpicked Mwanawasa to stand as Presidential candidate because the party constitution was amended in 2001 to the effect that the presidential candidate should not necessarily be the party president.

But after Mwanawasa ascended to power, the Task Force on Corruption slapped Chiluba with charges of corruption following the scrapping of his immunity against prosecution by the National Assembly.

Pressure was exerted on Chiluba until he relinquished his position as MMD president, but afterwards Mwanawasa was embroiled in a war of words with Kavindele who continued as republican Vice President and MMD vice president.

Mwanawasa fired Kavindele, saying that politicians were supposed to serve and not to do business with government, which was also their employer.

The deceased President accused Kavindele of having involved himself in the Trans Sahara Trading (TST), which was contracted to procure crude oil for Indeni Petroleum Refinery in Ndola .

When Mwanawasa fired Kavindele, the former Vice President held a press conference at which he claimed that he was the leader of the MMD as acting president since Chiluba had relinquished the presidency.

But Kavindele suffered a double loss when the MMD's national executive committee decided that Mwanawasa should take over as acting president.

The only solace for Kavindele was that he was an elected Member of Parliament in Kabompo district.

However, he was not adopted by the MMD prior to the September 2006 election and is now no longer a member of the House.