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