
By John Chola - 14/08/09
Judgment to either jail or set Zambia's former President Frederick Chiluba to freedom has been deferred to next week Monday, August 17.
Former President of Zambia Frederick Chiluba was this morning supposed to receive judgment in a case he is accused of stealing public funds amounting to US$ 500,000.
Seven years ago Chiluba's successor late President Levy Mwanawasa asked Parliament to remove his immunity for him to be prosecuted on corruption allegations while he served as republican President.
Chiluba ruled Zambia from 1991 to 2001.
Chiluba was forced to leave office in 2001 after a failed attempt to rule for a third five-year term of office.
The Constitution of Zambia only allows a president to rule for a maximum of two five-year terms of office.
Chiluba’s theft and corruption cases have dragged on for years because of his poor health.
Chiluba has been frequenting South Africa for medication because of a heart problem.
Chiluba is jointly charged with two directors of a defunct privately owned financial services company for theft of public funds amounting to US$500,000.
Chiluba is facing counts of theft by public servant, contrary to Sections 272 and 277 of the penal code, Cap 87 of the Laws of Zambia.
In his defense before a High Court registrar Chiluba argues that the National Assembly was clear when it stated that he would only be amenable to the court’s jurisdiction in respect of acts done in his personal capacity while he held presidential office.
Chiluba states that the charges brought against him for acts or offenses allegedly committed while acting in his official capacity are legally incompetent as he is not amenable to criminal jurisdiction of any court in Zambia.
He states that Zambia prides herself in upholding the old tenets of justise and that this is one of the cases where the prosecution has failed to prove the case beyond reasonable doubt.
Chiluba did file the submission and it now remains to be seen whether his defence has satisfied the court or not for him to either walk out as a free man or go to prison as a convict.
Ends.






