South Africa High Commissioner to Zambia Moses Chikane has said that Former President’s Son Henry Banda cannot be handed over to the Zambian authorities just because they are needed for questioning. The High Commissioner said that his government would need solid charges before extradition can take place.
“The Zambian authorities would need to use Interpol to secure any law-breaker, including the same Mr Banda,” Mr Chikane said. “But we cannot hand over someone to any government…it doesn’t matter which government just because they are wanted for questioning…we need solid charges before any extradition can take place…in this case, all we have heard is that the gentleman is wanted for questioning that’s all.”
This is the first time the South African government is stating its position on Mr Banda, who is wanted in Zambia for fraud-related charges, according to an Interpol red alert.
Mr Chikane also said he does not expect South Africa’s position would strain diplomatic relations between the two countries because the ball is in Zambia’s court.
“We don’t foresee any diplomatic problems regarding this matter,” Mr Chikane said: “We just want things to be done properly and not extraditing someone in the absence of charges.”
[pullquote]“But we cannot hand over someone to any government…it doesn’t matter which government just because they are wanted for questioning…we need solid charges before any extradition can take place…in this case, all we have heard is that the gentleman is wanted for questioning that’s all.”[/pullquote]
Inspector-General of Police Stella Libongani in a statement to the media said she had made follow-ups regarding information that Mr Banda is in South Africa. “We have made follow-ups on Henry, who is wanted by the combined team of investigators to help with investigations,” Ms Libongani said.
South Africa becomes the second country to co-operate on Mr Banda after Kenya stated that he would be arrested if seen in that country. Mr Banda is alleged to have links with a Kenyan company that supplied petroleum products to Zambia.
His return to Zambia may be complicated further by the fact that South Africa does not extradite people to countries that have a death penalty such as Zambia, no matter what nature of crime they have committed because of the Bill of Rights in their constitution.
“Our Bill of Rights, which we take very seriously, does not allow us to extradite people to countries that have a death penalty,” Mr Chikane said, and continued: “It doesn’t matter if somebody killed a hundred people, we can’t extradite them to a country with a death penalty,” he said.
Mr Banda has since engaged international lawyers to defend him but they have not travelled to Zambia yet. He has been linked to the sale of Zamtel to Libyan company LapGreen, which Government has since repossessed.
[Zambia Daily Mail]
Thats what happens when you dont really have evidence on why you want to have someone extradited. As at now we have not been given reasons why this guy needs to be arrested or brought to Zambia. So SA is right we are not serious people and we are just making fools of ourselves. I end here!
It operation gossip in Zambia today. And they think every government will work like them. If they don’t charge him it can only mean they don’t have a solid case and it will look like persecution in the eyes of the SA government. They should be serious these people, still behaving like opposition.
Nizii, tiye UKWA tiye.
Hand that chap over for questioning his got cases to answer. We want to know his involvement with RP capital and that Kenyan oil company which was transporting crude oil @ 0% tax
ITS QUIET CHALLENGING BUT REASONABLE COZ IN ZAMBIA LAW ENFORCING AGENCIES PURSUE CASES WITHOUT PROFOUND GROUNDS ENDING UP WASTING TAX PAYERS MONEY ON CASES THEY FAIL TO SECURE CONVICTIONS AFTER A LONG TRIAL.
Jacob Zuma is a thief.
Plse up lift RB’s immunity so that we can take him to woodlands Police station
Operation gossip!!!!
Lets cut diplomatic ties with RSA.
You are joking. Your economy is basically dependant on RSA. Lets be serious.
Making pronucements before thinking or without thinking. Typical.
Besides it all born in Washington, DC in 1967 Henry is a bonafide US citizen now holding SA permanent residency. The USA does not have any extradition treaty with the Zambia to allow its citizen anywhere in the world to be subjected to some kangaroo courts without charges.
ukwa, a point of correction, even if henry was born in USA he is not a bonafide US citizen because he was technically born on Zambian soil because his father as ambassador extraordinary and plenipotentiary of the Zambian government to the USA!
Zambia should learn to be constitutional and professional when dealing with issues of corruption no guess work no politics no revenge no allegations guess work remember pf give reasons and charges then we will join you and for sure south Africa will respond ain’t you embarrassed remember pf your time is coming already yo kaponya ministers are embezzling funds watch out and be reasonable
These guys take zedians for morons kansi. chaps have been quiet all this time only to come n give such a statement. MALABISHH!!
Yes ….. because Zedians act as morons. You get treated the way you behave.
Zambia should learn to be constitutional and professional when dealing with issues of corruption no guess work no politics no revenge no allegations no guess work give tangible charges mwajayela’,,,,,
Spot on Malata.
true dat, no concrete evidence….just a share waste of time….lets go back to work and develop zambia
Its called the “Bill of Rights” unfortunate Zambia operates on Kangaroo courts were people are taken to a police station without a warrant or charges. Well done South Africa…
Who is Chikane to lecture us on the fugitive Banda with or without co-operation from South Africa the chap will be nabbed to face the long arm of the law.It may take years but we shall not rest until Banda no twanatwambwili as Mpombo usd to put it are arrested.
Wishful thinking mate. Just do things the right way.
so then, lets all commit a crime & run away, after all…Rupiah Banda & his son have set a precedence & from what i can read, Zambians r emmulating them! so y not…lets go commit crimes all of us!!!
Only if you have cash to invest in SA, otherwise they will throw you in jail, or dump you in some violent crime prone township and shout “foreigner”! so that they bulala you.
Stay legal at home in Zed and stay alive baba.
The ball is in your court Libongani……well done SA!!
In civilised countries like Sa and USA charges have to proper even before questioning the suspect…here we rely on the suspect…kamba mushe iwe uzanya ka!
SA civilised? It depends on what people describe as civilised. Do you know that police there pounce on people who are there legally, take them to police stations without their passports and without shoes on their feet and drop them at the boarders outside of SA?
Dont be illegal then. There’s nowhere in the world where an illegal immigrant treated like an egg. Maybe only in Zambia.
goes to show us, we need a new constitution, do we even have a Bill of Rights? Let us focus on progtrss, new laws that will take Barotse into consideration. If we are really serious about Lap Green, ask Dora, a grz official.
In short this guy is telling you to stop prosecuting people in the media.Bring evidence first than the usual yapping.well done SA
This is very embarassing to say the list. Why should we expect South Africa to extradite someone who has not been formerly charged? Our investigative wings are ill equiped to handle cases of corruption and white collar crime. South Africa are simply saying they can not arrest and send this guy to Zambia for questioning only. Lets get serious and find appropriate commissions, omissions or felonies against this guy if truely he is to be extradited.
ZP do a thorough job,lay charges against the baggar,why jst for questioning?lets nt waste time &money lest we become a laughing stock.lets concentrate on developing the economy coz we need to.cobra & team take heed
# 8 ZP beaten clean…. RB the Godfather..mafia Boss!! Henry was here and they let him go…WHY?
Its a shame that Zambia can expect South Africa which has one of the highly regarded constitution in the world with a strong Bill of Rights to send Band to Zambia. Its shows the level of understanding of international law in that country. Banda is a permanent resident of South Africa and hence short of voting he enjoys all privileges of a South African citizen. Countries like the UK, Italy, Germany have failed to win extradition orders in SA for their nations who have committed crimes and go to South Africa. To expect SA to handover Banda for questioning is wishful thinking. Even if he was to be charged, the courts in SA will not just give that order lightly. He will simply plead political prosecution period
At last Zambians are learning about justice from their students.
Every country has its own laws..wat if Osama Bin Ladin went hidding in SA ,do u think they would haved aswered the USA like that.. South africans just take its SADC members for granted. In Nyanja they say “nyumba iliyonse ilinamalamulo”. George kunda once told paliament “umulandu taubola..
I like the Tonga parable”mwenzu wa hulwe wakulya bowa”i smell sulphur frm SA’s side..Remember the Arms Deal.?
Hope Zambia police has learned a lesson.You are embarrassing us.Stop taking orders from State House and be professional.What crime has Henry Banda committed? Stop harassing your own citizens.If you only want to question him fly down to joberg and conduct an interview- you can call it a ‘private visit’
Just laughing at the circus of these retards in a doomed regime of hate, malice, slander, tavern gossip and guess work. separate your regime from the law, you separate yourself from success and dignity.International law 101.
No 19 its best to think before posting anything. The USA had a warrant of arrest for Osama with charges and facts. The did not want to question Osama…. which your unprofessional police is Zambia think can fly on the international stage…
u sound a favorish Mr/Ms no it all how 2 think…. Is tht yo intelligent way of correcting pipo. Unless u own da monopoly of insults..
I beg to differ. The USA has got death penalty; and your SA High Commissioner has just said that even if a person kills hundreds of people, SA will not extradite such a person to any country, not even to the USA in this case. But is that true? Well, for fear of being outsmarted they might have to…
Dare quack and see how titular you are in political economy and balance of power. illiteracy and ignorance are serious liabilities to humanity. They are an upfront to success.
The beauty of education! It pays to go to school.
South Africa is living by ethics, policies, rules and the law of the land.
All are innocent until proved guilty in the real world.
Not that all are guilty and will be proved guilty in the back yards of certain African countries.
Well done South Africa. It helps the neighbors to grow up and emulate their international standards. Where are the professionals to advise the government?
NO WONDER UKWA DID NOT GO TO SOUTH AFRICA FOR TREATMENT. HE IS EMBARRASSED AND ANGRY
Who is Ukwa?
UKWA IS SATA
I’m no fan of Henry Banda but I agree they shouldn’t hand him over because 1) Zambia is abusing the Interpol system by issuing a red-alert for someone who is not a terrorist, 2) There are no charges against him, 3) Political motivation seems to be the reason the police are looking for Henry, 4) The media in Zambia have found him guilty and he would never get fair treatment.
This UKWA Diplomatic Drama continues, first it was Malawi, then Angola, Botwsana now South Africa.
In five years it will be all countries in the world, lol…..
Very shortly it will be Obama receiving insults from PUKWA
CHECK THIS OUT:- http://www.interpol.int/Wanted-Persons/(wanted_id)/2012-6589
manje no foto?
Are they sure about his description??? Weighing 185kg???? This guy would need two seats on an Aircraft!!!! Is he bigger & fatter than his dad??????
The zambia is never serious with o this matters,just leave henry alone,he has no case 2 ansa n i quess its simply because the guy has got cash,libongani careful wit henry u be fired soon jst lyk malama,
now that waht a diplomat should do..viva Chikane..
Good that someone is teaching this banana republic lessons about the law. This is awkward because Zambia is a senior nation to SA, having got independence in 1964. A lesson to Zambians: Do not wait for people to leave power before you demand justice. It was public knowledge that this man was involved in state business, when he was not in govt. Everybody was just quiet and had their tails between their legs because they were scared of his father. Zambians have the right to participate in the running of the country EVERY DAY and should not wait for five years for justice.
For Henry, this looks like political persecution even though it initially was a criminal case. I blame all Zambians for not demanding good governance from their govt IN TIME. Next time you know about corruption, speak up
GRUNDIX, this is not about the conduct of the South African Police and how they treat people, its about following the Bill of Rights. For a person that claims to be a preacher, GRUNDIX you do show some level of bitterness very often.
Henry Kapoko Banda……analume ngao ngao…okunya choimilila..standby… on a serious note SA are diplomatically telling Zambia ikuti …”Futseki….!”
Can we be serious as a nation. Newsflash – Just because something was published in fred Mmembes Tabloid does not mean it is true. A person is innocent until proven guilty. These are basics people. Tulesebana. Just today we have heard how RB is suing one cheif because of some false hoods he uttered which were parroted as truth in that Tablod. Today we know that mpundu trust was funded by a loan..and we call ourselves a Christian nation, busy telling lies day in day out.
GRUNDIX, go to any civilised nation, you will find dirty cops and bad Police Chiefs runing the office of the law.
@umuchini wane… hahaha you are insane! my thoughts exactly South Africa has just given our gay-fred mmembe inspired ‘trials in the media’ the middle finger guys, they have flipped the bird on the kaponyas and said ‘futseki’, get a life and do some governing instead of this BS!
Does Mr Sata and his GRZ have any allies in the region?
I’m wondering why if this south african man who styles himself as Henry Banda was allowed to be in the forefront of all these dubious deals in Zambia. How please someone explain? Ripiah has the cheek I think his immunity should be lifted to pave way for investigations, he nis now acting like an uncensored vuvuleza.
His father was calling the shots….
Zambians…you have lost it now. Have you all not recovered from the outcome of the election? Stop damaging your immunity system with your negativity. Trust me, it’s not worth it. Try to enjoy your lives, at the end of the day, you are just ash like everybody else.
these are vital lessons. I do recall there was another person who ran away to USA and never came back till today was charged together with Xavier chungu in the 90’s. on issue of zamptroop.The issue is Zambians we have not been so smart to seal all loopholes. The guy (henry) was around they could not charge him and …opted to let him freelance, so. how do you start hunting someone that you you let go?? it does not make sense to me. I will not be surprosed if RB may opt to stay wherever he has gone if has already gone.
# 43 you are right.
How did we allow a South African Henry Banda to run the affairs of Zambia in the firstplace??? can some one explain this.
His father who happened to be president at the time was calling the shots..
Mmembe…futseki wena…umchini wako wadubula madoda..dubula intombi wena!
Zambia is embarassed by the people we voted into power to manage the affairs of the nation competently. This marks the beginning of the fall of this PF govt after failings in many national and international issues. Zambia is not an island of villagers to behave as if the rest of the world is the same. This ever changing world needs complexity management in providing solutions to complex issues. This so far PF govt is without strategy or tchnical know how to handle baffeting issues. As Zambians we need to re think in future how we come up with a govt that matches with world trends in dealing with world matters. This govt was formed from vulnerable zambians fed with lies based on feelings victimhood.
Have they apologised to Kenyan Government for accusing them of harbouring Henry?
South Africa has a bill of Right…. the just do not hand over people like a bag of Kapenta.
Less 101 in LAW GRZ
South Africa has a bill of Rights…. the just do not hand over people like a bag of Kapenta.
Less 101 in LAW GRZ
I hope the castrated Ukwa can leanr a leason from here. what has really Henry done. this guy has no Agenda for Zambia. He really wanted to be president of Zambia so he could just fight people for no reason , get back toschool police officer ok. you are a smamefull thing so far Zambia has ever had
PERMANENT RESIDENCE AND CITIZENSHIP ARE DIFFERENT. HENRY HAS PERMANENT RESIDENCE IN SOUTH AFRICA WHICH MEANS HE CAN STAY IN SOUTH AS LONG AS HE WANTS BUT HE IS NOT YET A SOUTH AFRICAN CITIZEN. HE CAN NOT VOTE NEITHER CAN STAND FOR POLITICAL POSITION IN SOUTH AFRICA.
And thats how Ukwa had to go all the way to India for Laser treatment when he could have gone to SA where his heart was patchet just a few years ago…….
All you ***** wanting to the Banda boy extradited back to Zed need their heards re-examined. The Nigga is hustling quietly, making tong for his bros, his family and you want nailed, shame on you. What de f*** is goin on in Zed? Tha President is busy donating serious hard earned benjamins to some unknown class in Bots and when this nigga pulls a real top deal RP Capitol whateva everyone wants him castrated.U should be ashamed of your evil thinkin.I hope President Zuma stands on his balls and doesnt quench Ukwa’s apetite for blood. Shame on you all.
HOPE THIS APPLIES TO ALL ZAMBIANS that SOUTH AFRICA WILL PROTECT YOU. SOME OF YOU ARE ALWAYS TREATED LIKE TRASH IN SA. Let’s not pretend Nonsense like this will just encourage theft as people like Bandas will get away with it. Of course RB has told Zuma to look after the Boy.
People who are blaming the investigative wings are not fair.These people are just working under instructions from higher authority hence their constant issuing of statements in the papers without anything on the ground.This is very emarrassing for the country and i hope people up there are feeling embarrassed as well.
more like stu..pid authority to me!
Ebu Yusuf the well known mandrax dealer is also hiding in SA. Liato can be safe in SA. How come Xavier Chungu did not know about this move. All vimakawalala should just run and hide in SA nd they will be safe
so there is no extradition treaty with RSA and Zambia
The problem is that the Police here are influenced by Politicians no wonder Hon Lubinda commented on the same
A banana republic run on emotions rather than solid ,concrete evidence.When Sata leaves its whe you’ll hear of crimes the law enforcement agencies are overlooking at this moment.Things are just done to please whoever is at plot one.Its all very kitsch.
Is Mr Chikane a serious diplomat? Why is he treating Zambia as if it contains people without any brains? You can only refuse to release a wanted person if that person is threatened with a death penalty.In the case at hand Mr Chikane is virtually holding Zambia to ransome over a case which has nothing to do with death penalty. Mr Chikane, You can’t generalise cases and try to force Zambia to drop the death penalty that is most undeplomatic and and anexhibition of hostility. I am sure the next reason Mr Chikane is going to advance to surport Henry is that Zambia has no law against homosexuality.
Zambia is against homosexuality and the law says so. Mr Chikane should not try to change that Zambian law just because he wants to support Henry Bwezani Banda. I am afraid Mr Chikane is too hostile to Zambia. I would suggest he is posted to Nigeria where he can be lectured to in diplomacy. I am sure he would be told to respect Nigeria in no uncertain terms. What was Mr Chikane in the strugle by 1964? Was he in Z?
Why extradite someone in South Africa when criminals are running the government in Zambia? Sata, Nchito and Mmembe should be prosecuted for their crimes first before they can arrest anyone. This country is in a free fall.
Twasebana pafula.
IF SOUTH AFRICA WOULD FIND IT COMFORTABLE FOR ZAMBIA TO KEEP SOUTH AFRICAN CRIMINALS THEN LET THEM GO AHEAD WITH THEIR DECISION. ZAMBIA WILL HAVE NOTHING TO LOOSE NOW BUT RSA SHOULD LOOK BEYOND HENRY’S CASE.