Just where was President Frederick Titus Jacob Chiluba born? And is that his real
name? And did the president lie about his heritage?
Just where was President Frederick Titus Jacob Chiluba born? And is that his real
name? And did the president lie about his heritage?
These are the questions that the Supreme Court _ the highest court in Zambia _ has been asked to decide in a lawsuit filed by an coalition of opposition parties.
In this African country struggling for economic survival, this case offers a rare glimpse of an independent judiciary at work in a third world nation. It also affords Zambians a chance to re-examine who a Zambian is.
Zambia is already reeling from a discovery that former President Kenneth Kaunda did not renounce his Malawian citizenship until late in his 27-year reign.
Could Zambia still be under a foreigner's rule?
It could be, if the Supreme Court decides that Chiluba was born in Zaire as is being alleged by the opposition parties which challenging Chiluba's qualifications for president.
Even if the Supreme Court finds that Chiluba was born in Zambia, it could disqualify him from being president if it finds that he lied in his nomination papers.
This case also raises some interesting points.
If Chiluba loses the lawsuit, the Constitution states that the Chief Justice would assume power until elections are called in three months' time. So is it all right for the Chief Justice to sit on the panel that decides this case?
Also, how fair would the justices be knowing that some of them were appointed by Chiluba?
And if either of the two sides wants to appeal, where do they go? The Constitution says the Parliament is the highest court of appeal in Zambia. Yet, the Parliament is supposed to be made up of the President and the National Assembly. So, if the President loses the lawsuit, can Parliament function?
Even if the the National Assembly _ comprising elected and nominated members of Parliament _ meets and decides on the issue, that decision is incomplete without the presidential signature, at least that what the Constitution says.
If the Chief Justice is acting as president, would he endorse a decision contrary to what his court, _ the Supreme Court _ found? True, the National Assembly can overrule the presidential veto with three-third majority. Since the current National Assembly is made of mostly of MMD members, would they rule against the own leader - President Chiluba?
This eventually leads back to the lawsuit. The opposition may have a genuine lawsuit and the independence of the judiciary is at stake. It may also be a frivolous lawsuit and a waste of time. Can a Supreme Court headed by a Chief Justice appointed by President Chiluba disqualify him? Can judicial wisdom rise above the political machinations?
This is Zambia and anything is possible.
Meanwhile, the opposition swings into the court this month to begin casting doubts on just who Frederick Titus Jacob Chiluba is.
But whatever happens, Chiluba will be etched in Zambia's history books as the second president. Hopefully, the records won't say he is also the second foreigner to rule the country since independence.