PRESIDENT BANDA FIRES AND SCAPEGOATS ATTORNEY

C O N F I D E N T I A L LUSAKA 000929

SIPDIS

STATE FOR AF/S JNAMDE AND LAYLWARD

E.O. 12958: DECL: 12/31/2019
TAGS: PGOV PHUM ZA
SUBJECT: PRESIDENT BANDA FIRES AND SCAPEGOATS ATTORNEY
GENERAL

REF: A. LUSAKA 654

B. LUSAKA 367

C. LUSAKA 924

Classified By: Ambassador Donald E. Booth for reasons 1.4 (b,d)


1. (C) President Banda fired disloyal but competent Attorney
General (AG) Mumba Malila on December 7 -- the latest of
several senior government officials sacked in recent months
(ref A) -- and appointed Solicitor General Abyudi Shonga
acting AG. Law Association of Zambia President Stephen Lungu
told PolOff December 8 that Banda had privately relieved
Malila, whose contract expired November 30, on December 1
over his handling of the Dora Siliya corruption case (ref B).
Lungu also stated that Banda publicly announced Malila's
firing to scapegoat him for Banda's intervention in the human
rights case of Rodger Chongwe, a personal friend of Banda.


2. (C) Zambia's leading opposition newspaper The Post
claimed December 7 that Banda had inappropriately authorized
USD 5.9 million in compensation to settle Chongwe's 1997
human rights case against the Zambian government (GRZ). A
Ministry of Finance source confirmed that Banda had ordered
the Ministry to pay Chongwe USD 2.5 million plus USD 3.7
million in interest to settle a 2000 UN Human Rights
Committee judgment against the Zambian government (GRZ) for a
1997 police shooting in which Chongwe and former president
Kenneth Kaunda were injured. The news prompted accusations
that Banda had interfered in a pending case on behalf of a
political supporter who had campaigned for Banda in the 2008
presidential by-election. Minister of Home Affairs Lameck
Mangani defended the president by claiming that he had
referred the case to then-AG Malila for review. LAZ' Lungu
stated that Banda had no legal basis for authorizing payment
because Chongwe's case is not yet registered in a Zambian
court.


3. (C) COMMENT: President Banda committed a tactical error
by doing a favor for a friend but blamed the blunder on his
AG after news of Banda's intervention in the Chongwe case
leaked to the press. Malila was also perhaps considered too
independent and has been replaced, at least temporarily, by
Banda loyalist Shonga. Banda has yet to name a replacement
for Malila, but his recent Cabinet changes indicate that
Banda will likely choose a political ally (ref C),part of
his effort to shore up his support in the MMD prior to the
MMD party congress which is now likely to be held in 2010 and
will select a standard bearer for the 2011 presidential
election. END COMMENT.
BOOTH