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…says his action was in public interest
By CAROLINE KALOMBE
THE tribunal set up to probe Minister of Justice Wynter Kabimba entered day two yesterday with the minister denying that he breached the oath of secrecy when he gave the solicitor general opinion to the Patriotic Front lawyers in a matter regarding the legality of “corrupt” candidates re-contesting nullified seats following a national debate.
Mr Kabimba in opening his defence said he sought the legal opinion from Musa Mwenya, the solicitor general, to PF lawyers in public interest instead.
Mr Kabimba told the tribunal yesterday that he did not abuse the authority of his office when he sought a legal opinion from solicitor general Mr Mwenye concerning the status of candidates whose seats were nullified based on election corruption findings.
“I recollected my memory over the position of Darius Mumba, who was not adopted because his election was nullified because of election corruption. I needed this to be confirmed by the Solicitor General as custodian of the law,” Mr Kabimba said.
He said it was in public interest that the correct position on the matter be known and that it is a misinterpretation of circumstances to state that he sought the legal opinion for the Patriotic Front (PF).
Mr Kabimba said the debate was in public interest and that it was the desire of the PF to ensure that voters had an electoral system that would allow them to choose leaders without influence.
“It was not a PF matter, it was in public interest. There was a debate on whether such candidates could stand and in view of the debate raging over the matter across the country which did not spare the judiciary, I sought professional advice from the solicitor general and lawyers of the party,” he said.
Mr Kabimba said he did not breach the oath of secrecy when he rendered the legal opinion to the lawyers of the PF because it was not classified as government information.
“There was nothing classified about the legal opinion. It was not a classified document,” he said.
Mr Kabimba said he was performing a public duty and that he obtained the opinion from the solicitor general to provide a clear position on the debate.
He said President Sata elevated his position as secretary general of the PF in government so that this position and that of Minister of Justice performed cross- cutting responsibilities.
“The PF secretary general is the custodian of the party manifesto, which contains the socio- economic programmes that Government has to implement to fulfil its promises. Because of this, the President decided to elevate the position of secretary general in Government,” Mr Kabimba said.
He said he communicates with various Government officials as Minister of Justice and as secretary general to enhance implementation of Government programmes in accordance with the PF manifesto.
“I write letters to convey a particular policy of the party and how it should be interpreted in Government,” the minister said.
Mr Kabimba said the PF has a zero tolerance to corruption as stipulated in the manifesto and that it is the duty of the party secretary general to ensure there is no corruption.
He said it is to this effect that the party has continued to fight corruption even in the electoral system.
Mr Kabimba said the party has fought electoral corruption by not adopting candidates whose elections were nullified based on corruption in accordance with the law.
He said it was a concern that other political parties continued to allow candidates whose elections were nullified by the courts on electoral malpractice when the law did not allow such.
Mr Kabimba said he was not aware of what benefits would accrue to Mr Banda, a litigant in an election petition.
He said the legal opinion he obtained was on all election petitions and not a particular election, saying that the PF’s desire is to have a corruption-free electoral process.
“I was not aware in what respect Mr Banda was to be a beneficiary. The legal opinion was on election petitions and not a particular petition. I had to perform this in public interest,” Mr Kabimba said.
Mr Kabimba said he believes in the independence of the judiciary and that he has never attempted to pressure any of its members.
“I had at no time brought pressure to bear on any member of the judiciary. I respect the integrity and independence of the judiciary and I would like to contribute to its independence.
I would be the last person as member of the judiciary myself to attempt to put pressure on the judiciary,” Mr Kabimba said.
He said he copied the legal opinion to the acting Chief Justice to inform her office that the PF would raise issues with its lawyers.
“The letter was copied to the Chief Justice and carries no direction at all. It was an administrative task to inform her office that this matter, which had become a public debate would be taken to our lawyers for consideration,” Mr Kabimba said.
Mr Kabimba has been taken before the tribunal following an application by former Solwezi lawmaker Lucky Mulusa and political activist Brebner Changala.
Chief Justice Lombe Chibesakunda has given the tribunal 45 days to complete its work so that she can submit the findings to President Sata.
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