SUSPENDED Eastern Province PF youth chairperson Emmanuel Jay Banda says some senior party leaders who are condemning him have fallen prey to tactics of the enemy.
Banda says PF’s enemies are not sleeping to unseat the ruling party.
He has told party secretary general Davies Mwila that, “… I do not stand guilty of any of those charges. The charge in court is unlawful assembly while in the letter of suspension you have indicated that the police have charged me with unlawful/illegal procession. Further, article 75, regulation 29(c) and (f) quoted in my suspension letter does not exist in the PF constitution.”
Banda is currently facing a charge of aggravated assault before the Lusaka Magistrates Court and another charge of unlawful assembly in the Chipata Magistrates Court.
Arising from those charges PF secretary general, Mwila suspended Banda from his position and gave him 14 days to exculpate himself.
In his four-page exculpatory letter dated August 25, 2020, Banda said the allegations that were leveled against him were still under judicial proceedings.
“In response to the allegations contained in your letter, your good office will note that, the subject matter is under police investigation, according to media reports and possible judicial proceedings. If the same is brought before a competent court of law, I intend to plead not guilty,” he stated.
Banda stated that the PF does not only uphold the values, principles and rights enshrined in the constitution but is led by one of the best legal brains in the country President Edgar Lungu.
“Our President’s fatherly leadership of both the party and the country conforms to the tenets and principles that support the rule of law, no matter the pressure from the court of public opinion whose aim is to falsely paint our party as one that tolerate lawlessness – may exert on him. I therefore take refuge in Article 18(2)(a) of the Constitution which enacts and I quote ‘every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty’,” he stated.
Banda stated that his exculpation on the subject matter might prejudice an ongoing investigation and potential outcome of the court case.
“I therefore beseech your office to understand my reluctance to delve into the merits or demerits thereof, but plead innocence. What saddens my heart, as a loyal member of the party, is that some of our senior leaders in the party who have issued various statements to condemn me, against my innocence have fallen prey to tactics of enemies both within and outside who want to portray as if President Lungu is leading a party of wrongdoers in a bid to make him unpopular ahead of 2021,” he stated. “On my own behalf, I shall not relent to continue proclaiming my undying loyalty to President Edgar Lungu despite these machinations by these enemies to pour mud on my good repute, in a bid to deter me from campaigning and proclaiming the good works of President Lungu ahead of 2021 general elections and to the resounding victory of our humble leader. I remain steadfast to ensure that I spread the good news about our leader far and wide.”
And Banda claimed that the party’s enemies were doing everything possible to unseat the ruling party.
“Sir, our enemies are not sleeping in their efforts to unseat our mighty party – what is the best way to do that, discredit the youth leadership, peddle falsehoods against the mobilisers and foot soldiers. Why, because they know that the youth are the lifeblood of any political organisation. And a mobiliser of the youths must be ready for attacks like the one I am experiencing now,” he stated.
Banda also referred Mwila to the party constitution regarding his suspension.
“In an event that your letter decides to stand and in view of the fact that you are the authority to which all members must appeal against any disciplinary proceedings instituted against them, I draw your attention to Article 74, Regulations 27 and 28 of our party constitution which reads; 27… ‘The sanctions shall only be decided and applied by the party committees or organ to which the member in question belongs or by superior organs or committees. 28. A member shall have a right of appeal to a high organ against any decision as provided in regulation 41 and 42 of these regulation’,” he stated. “The question is, if I can be suspended by the office of the secretary general, a member of our party’s central committee on allegations that are subject to an ongoing investigation and not tested based on evidence, to whom shall I appeal without being seen to undermine your good office?”
Banda stated that rules of natural justice should be allowed before any decision was made against him.
“The allegation before me can only stand after a competent court has heard and determine charges levelled against me. Otherwise, I do not stand guilty of any of those charges. The charge in court is unlawful assembly while in the letter of suspension you have indicated that the police have charged me with unlawful/illegal procession. Further, article 75, regulation 29(c) and (f) quoted in my suspension letter does not exist in the PF constitution,” stated Banda./LM