Appeal against FJT withdrawn
THE State yesterday withdrew the notice of appeal filed by
prosecutors from the Taskforce on Corruption regarding the planned challenge of the
acquittal of former president, Frederick Chiluba.
lawyer, Robert Simeza confirmed the development in an interview in
"What I know is that they have withdrawn the notice of appeal
against Dr Chiluba's acquittal, though no reasons have been given as to why they
have decided to withdraw. One can only speculate that it is because there were
no instructions from the Director of Public Prosecution (DPP)," he
Dr Chiluba had said he was not scared of the legal challenge
against his acquittal by the Taskforce on Corruption but wanted the institution
to be professional in the handling of the case, his spokesperson, Emmanuel
Mwamba has said.
Mr Mwamba said in Lusaka that Dr Chiluba had no
difficulty with the appeal but did not like the manner the prosecution team was
handling the matter.
Mr Mwamba said this on Muvi Television monitored in
Lusaka on Tuesday evening during a live programme where he featured with Women
for Change executive director Emily Sikazwe and a Lusaka lawyer Wynter
He said the move by former Taskforce executive chairman Max
Nkole to instruct lawyers to file the grounds of appeal to a higher court
against the consent of the DPP was allegedly a sign of incompetence on the part
of the Taskforce.
He denounced the Taskforce claiming the institution was
a goldmine, which only enriched few prosecutors saying it should be closed since
Dr Chiluba had been acquitted of all corruption charges.
Sikazwe said that cases against the former head of State could only be said to
have been concluded when the Supreme Court, which was the highest court of the
land declared so.
Mr Kabimba wondered why the appeal of Dr Chiluba had
become a controversial issue when it was on record that Dr Chiluba was currently
fighting for the judgment of his wife who had been convicted and
Mr Kabimba said the Government should not silence the people
to debate the merits and demerits of the Chiluba case to ensure that justice was
done and seen to be done.
Meanwhile, Forum for Leadership Search (FLS)
executive director Edwin Lifwekelo said the prosecutors at the Taskforce should
also be relieved of their duties, especially that they were also being
investigated over the Zambian Airways saga.
Reacting to the non-renewal
of Mr Nkole's contract by the Government, Mr Lifwekelo said the body must be
disbanded because it had allegedly failed to perform.
Mr Lifwekelo said
the Taskforce on Corruption had been an embarrassment because it had
deliberately failed to investigate and prosecute cases in good time.
said Mr Nkole's disregard of the directives from the DPP was recipe for anarchy
and should not be allowed.
He said Mr Nkole should realise that the DPP
should be given an opportunity to make such judgment or decision considered
reasonably justifiable and in the interest of the nation and reject that which
would be injurious to national interest.
He said it was evident that Mr
Nkole's fight against corruption was only focused on Dr Chiluba as an
The National Energy Sector and Allied Workers Union (Nesawu)
also supported calls to have the Taskforce on corruption
Nesawu general secretary Yotam Mtayachalo said in a statement
in Ndola yesterday that the taskforce was not a legal entity hence there was
need for the Government to disband it and transfer its mandate to the ACC and
Mr Mtayachalo said Mr Nkole had exhibited a lot of ignorance
and stubbornness in regard to the appeal against the case involving Dr
He said Mr Nkole who is a legal expert should have been
conversant with the constitutional provisions that the mandate to appeal for the
State was only vested in the DPP and not the Taskforce.