The Zambian parliament has today, 15 March 2013, passed a motion to strip former president Rupiah Banda of his immunity. This is what I wrote in January about presidential immunity.

Elias Munshya, LL.M, MBA, M.DIV.

 By E Munshya wa Munshya

Former republican president Rupiah Banda has been summonsed by the Anti-Corruption Commission to appear before it for questioning in connection with investigations into corruption it is carrying out. In writing the former president, ACC Director-General Rose Wandi did mention that she wanted to question Rupiah Banda in spite of his immunity. There is debate whether Director-General Wandi does have the power to summons the former president and if so, whether she has the power to compel him to appear before her.

This article will argue that the current position of the law is that a former president like Rupiah Banda who still enjoys presidential immunity cannot be compelled to appear before the ACC in connection with investigations involving criminal matters suspected to have been committed during the time he served as president unless such immunity has been removed by parliament. The parent provision that prescribes…

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