6 September 2009

Lusaka — Pressure is mounting on Zambia's director of public prosecution (DPP) to appeal against the acquittal of former president Frederick Chiluba on $500,000 (Sh38.5m) public funds theft charges.

Some civil society organisations, lawyers and ordinary Zambians are demanding that the DPP, Mr Chalwe Mchenga, and Vice-President George Kunda, who is also Justice minister, resign if they will not appeal.

Mr Chiluba, who served as Zambia's president between 1991 and 2001, was last month acquitted of any wrong doing in relations to theft charges that were pressed against him in 2003.

Mr Chiluba claims that his $8.5 million private money was kept in a Zamtrop account belonging to the Zambia State Intelligence and Security Services (ZSISS) in London and he wants the Zambian Government to give him back the money.

Corruption case

The Taskforce on Corruption, which was set up to probe corruption cases during Mr Chiluba's 10-year rule, filed a notice of appeal in the Lusaka High Court against the magistrate's verdict. But Mr Mchenga withdrew that notice of appeal.

In his notice of withdrawal of the notice of appeal, filed in the Lusaka High Court on August 26, 2009, Mr Mchenga stated: "Whereas on the 24th day of August, 2009 a Notice of Intention to Appeal against the said acquittals was purportedly lodged on my behalf by a public prosecutor; Now these presents I, Chalwe Mchenga, DPP of the Republic of Zambia, do hereby give notice of the withdrawal of the said Notice of Intention to Appeal."

The government consequently sacked the head of the Taskforce on Corruption, Mr Maxwell Nkole, after indicating his organisation's intention to appeal against Mr Chiluba's acquittal.

An MP for main opposition political party, Patriotic Front (PF), has since filed a notice of judicial review in the Lusaka High Court to review the DPP' withdrawal of the notice of appeal against Mr Chiluba's acquittal.

A Lusaka lawyer has also challenged the DPP's action, while several law experts and civil society organisation are demanding that the DPP rescinds his decision.

Mr Chiluba still faces a civil case, in which the London High Court ordered him to repay $46 million to Zambia.

The London judgment is yet to be registered in the Lusaka High Court for it to be enforceable.

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