The news of Fredrick Chiluba's acquittal came as surprise to many given that the former Zambian president had already been convicted of similar changes by a UK High Court in 2007. Luck enough for Chiluba, his UK conviction can not have him jailed in Zambia, as it is outside the country's boundaries.
As is the norm with court battles, many people would be suing for damages. Instead Chiluba has decided to fight for restoration of his immunity, as a former president. His immunity was revoked as a result of his conviction in the UK.
I find this a truly bizarre stance by the former president and his legal team. I am not a legal expert and I am not advocating that Chiluba seek damages either, but if he is an innocent person, as the Zambian High Court has found him, why is he fighting for his immunity?
In the last couple of months, or also, I have repeatedly said that presidential immunities undermine transparency and good governance in Africa, and indeed elsewhere. Apart from the high price that tax payers have to pay in legal fees, immunities are also incentive for these leaders to cling on to power or handpick the leaders that they think will protect them.
This is exactly what Chiluba and his Malawian counterpart, Bakili Muluzi did. They both failed their unconstitutional third term bids then forced successors on the people, late Levy Manawasa and Bingu wa Mutharika, respectively.
Today Malawi's online news site, Nyasatimes and Afrik.com are reporting that Chiluba's acquittal gives Muluzi hope of winning his on going corruption case where he is accused of diverting government funds into his personal accounts.
There is a tell in Africa: when elephants fight it is the grass that gets trampled, while these leaders are spending their retired years in courts, the poor people are dying in prisons without trial; the poor tax payers are meeting these legal costs that could be avoided simple by abolishing the stupid and unnecessary presidential immunities.
Now in my loved country, Malawi, ex-leaders won't even be paying tax for their 'personal' imports. Yet another incentive for our greedy leaders to cling on to power. With immunities in place we can all forget the rhetoric of good governance, transparency and whatever good democracy entails.