Chiluba fights $58m graft fine
2007-07-09 17:50
Lusaka - Zambian ex-president Frederick Chiluba launched a legal bid on Monday to block the state from claiming a $58m fine imposed on him by a London judge in a landmark ruling against official African corruption.
Chiluba's lawyers told Lusaka High Court Judge Japhet Banda the state could not recover the money because the British court had no jurisdiction over Zambian affairs.
"Our position is that (Zambia's law) does not and cannot apply (this) judgement and hence its registration is nullity," said Chiluba's lawyer John Sangwa during a court hearing.
British Judge Peter Smith ordered Chiluba to pay the $58m last month to compensate for money he stole while in office in the southern African country from 1991-2001.
The ruling, hailed as a turning point in Africa's battle against official corruption, was made in Britain because Zambian officials had filed a civil case there hoping to recover properties and other assets owned by Chiluba and his associates in Britain and other European countries.
Chiluba - who says he is the victim of a political witch-hunt mounted by his successor President Levy Mwanawasa - has vowed to fight the ruling and on Monday his lawyer said the British judgement had not been certified as required by Zambian authorities.
Stealing funds
Chiluba filed papers in a Zambian court in June rejecting the British judgement, which he argued should be set aside because it was made without him being heard and that it was obtained "through fraud".
The judge will hear further arguments from the state and Chiluba's lawyers on July 27.
Chiluba has not been convicted on criminal charges of stealing the funds.
A Zambian court ordered Chiluba last month to stand trial on separate charges of stealing $488 000 while in power.
That trial is now set to begin on August 14.