Rupiah still enjoys immunity – Sangwa

Renowned constitutional lawyer John Sangwa says former President Rupiah Banda still enjoys his immunity from prosecution and does not need to have it restored following his acquittal by the Lusaka Magistrate Court on the charge of abuse of authority of office in the Nigerian oil deal.

Mr Sangwa has explained to QFM News in an interview that the former President had his immunity removed to allow his prosecution for the specific crime he is alleged to have committed while in office of which he was cleared.

Mr. Sangwa says the fact that Mr. Banda held the office of republican president, his constitutional protection from prosecution is enduring as long as he is alive.

He has however stated that this protection from prosecution is not absolute.

Mr. Sangwa says Parliament has powers to permit the removal of a former Head of State’s immunity if doing so is in the interest of the republic.

He notes that this permission is however given for a specific alleged crime whose evidence must be satisfactory and accepted by Parliament.

Mr Sangwa says if this happens as the case was with Mr. Banda, the former Head of State still retains his immunity from prosecutions for other perceived crimes committed while in office, other than those for which his immunity has been lifted by Parliament.

He states that if the State intends to prosecute the former President on other fresh charges, the State will have to again seek permission from Parliament to have his immunity lifted.