Burden of proof on Rupiah’s parentage
 by Mazuba Mwiinga
Hasn’t one wondered that pertinent issues in President Banda’s parentage case aren’t being addressed logically? More so, perplexed am I that even learned lawyers like Wynter Kabimba tend to wander like blind bats over the matter which has a clear passage to follow.

On the other hand isn’t it so immaterial for those lying on the table of debate that President Banda has been around as a civil servant since time immemorial, so he can’t be questioned about his parents now?

As a matter of fact having been in the government for along time before does not give Mr. Banda immunity from prosecution or investigation to ascertain whether or not his parents were foreigners.

The law of our land reads in black and white that if your parents were or are not Zambians, dare not aspire as a republican President because your credentials fall short of what is expected of a Zambian president.

To say why didn’t Rupiah’s critics bring the issue in 2008 when he stood as a republican president is like putting a theory that; “since I wasn’t caught when I stole last year, so why should I face litigation today when you have suspected me of stealing”.

Breaking the law with impunity without being questioned or caught does not warranty you from future prosecution when you are caught or suspected of having committed the same crime as previously. So whether or not no one questioned Rupiah’s candidature in 2008 is immaterial now as long as he has a case to answer.

Shock however slashes my back with pain to note that one Kibamba seeks the indulgence of the International community like UN, AU and SADC over a matter which is wholly domestic. Even when Kabimba feels our legal system is inadequate to help solve this matter, the AU, SADC and UN will never be better organs to bring sanity to the situation.

Zambia may be a signatory to many accords and instruments under such international organs, but these signatories aren’t domesticated into out local laws for them to be effected in our courts of law. This therefore stands as painting graffiti on the wall to see how one is frustrated over something.

Kabimba should be in a very better position than most of us to know that, the burden of proof over this matter lies on him and his PF to bring forward evidence that will stop Rupiah from successfully filing in his nominations next week.

Its not up to AU, SADC, UN stop Rupiah from contesting; Kabimba knows that, this is just a scare crow tactics to make some damn cadres shiver; neither is it in the hands of Rupiah to prove that his parents were Zambians because the rules of natural justice demands that he who has a cause against someone, need to prove his case with concrete evidence either beyond any reasonable doubt if it is a criminal case or on a balance of probability if it’s a civil case.

Making press briefings is a sheer waste of time and resources because that time and resources need to be spent on un covering the evidence and bringing the matter to court for Rupiah to stand trial in defending himself against any evidence that may be deduced there upon.

Absence of such evidence will be a clear successful nomination for Rupiah and subsequence re-election if voters decide so come September 20.  

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