Chansa Urges State To Drop Archbishop Banda Case, Says Prosecution Is Not In The Public Interest Movement for Economic Emancipation (MEE) president Given Chansa has urged the State to discontinue the prosecution of Archbishop Alick Banda over a motor vehicle he received as a…

Chansa Urges State To Drop Archbishop Banda Case, Says Prosecution Is Not In The Public Interest

Movement for Economic Emancipation (MEE) president Given Chansa has urged the State to discontinue the prosecution of Archbishop Alick Banda over a motor vehicle he received as a gift, saying that continuing criminal proceedings against a prominent clergyman cannot serve the public interest. In a statement, Mr Chansa said the State should weigh that test before pressing ahead, even where it believes it has enough evidence to charge.

He said prosecutorial discretion requires authorities to ask whether pursuing a criminal case is in the public interest, and described that test as a fundamental feature of the discretion the State holds. Mr Chansa tied the test to the way cases are brought. “You have to remember that criminal prosecutions are carried out in the name of the public via the state institutions, hence why most cases are versus the State,” he said. “That principle requires that even where there’s enough evidence to prove a criminal offence, a prosecution should only proceed if it is required in the public interest.”

Applying the test to the Archbishop’s case, Mr Chansa put a direct question to the State. “Now I ask, what public interest exists in prosecuting a high-profile, well-known clergy over a motor vehicle gift he received?” he said.

He said a less drastic route is open to the authorities. If investigations had established that the vehicle gifted to the Archbishop was unlawfully obtained, the State could recover it instead of continuing with a criminal case. “If it has been established that the motor vehicle he was gifted was unlawfully obtained, couldn’t the public interest be better served by asking him to surrender the motor vehicle and for him to be advised to be extra careful when accepting high value gifts?” he said.

Mr Chansa also questioned whether there is evidence that Dr Banda knowingly took part in the alleged unlawful acquisition of the vehicle. He said it is hard to find anyone in Zambia who genuinely believes the Archbishop connived to steal a motor vehicle from the Zambia Revenue Authority (ZRA), and he asked what other records of such behaviour exist from him.

He ended with a direct appeal to the State. “I urge the State to exercise the prosecutorial discretion principle of public interest test and discontinue this case whose continued prosecution could not possibly be in any public interest,” he said.

Mr Chansa is not the only voice to speak on the case. The Association of Catholic Bishops’ Conferences of Malawi, Zambia and Zimbabwe and the Zimbabwe Catholic Bishops’ Conference have separately called for a fair, transparent and lawful process for the Archbishop. The bishops said the Church upholds the rule of law and recognises the role of state institutions, but insisted that judicial procedures must respect the rights of those involved.

Former Cabinet minister Given Lubinda, who acted as Patriotic Front president, said in an interview that Dr Banda is not above the law. He said, however, that the officers handling the case have the ability to assess a person’s vulnerability and risk of flight. Mr Lubinda said it is hard to imagine a man of fixed abode, charged over property believed to have been stolen, leaving his followers to run away, and he said he believed the Archbishop’s passport had already been taken. “Where can Dr Alick Banda hide?” he asked.

The Archbishop appeared before the Drug Enforcement Commission (DEC) on 28 September, then was arrested and appeared before the Lusaka Magistrates’ Court. He pleaded not guilty and was released on bail, and his case continues before the Lusaka Magistrates’ Court