Wednesday, September 26, 2007

LAZ should stand against political forces - Miyanda

LAZ should stand against political forces - Miyanda
By Brighton Phiri
Wednesday September 26, 2007 [04:00]

HERITAGE Party president Brigadier General Godfrey Miyanda yesterday urged Law Association of Zambia (LAZ) members to stand against political forces as they meet to decide over the National Constitution Conference (NCC). And Brig Gen Miyanda has launched an official complaint against LAZ president Elijah Banda for opposing his attending the last Oasis Forum consultative conference.

In his message to the LAZ as the association prepares for its Friday extraordinary general meeting to decide whether or not to take part in the NCC, Brig Gen Miyanda reminded lawyers that they faced the challenge of demonstrating that they were above partisan politics and defend the rights of citizens at all costs.

“I wish to appeal to all LAZ delegates not to shut themselves in a concrete cocoon. The timing of justice minister George Kunda’s address to the legal fraternity, that all lawyers whether in government or in private practice must stand together as brothers and sisters, is suspect,” he said.

“I call upon all the lawyers to regard themselves as citizens first and lawyers later. They must remember the objects of the association and apply them.”

Brig Gen Miyanda asked the lawyers to remain the torchbearer of human rights and never allow themselves to be used as political tools of either the government or any other interest group in the country.

He wondered why LAZ had remained silent amid government threats against journalists working for the public media and President Mwanawasa’s threats against those opposed to his views over the constitution making process.

“As you deliberate on this very serious decision whether to participate or not in NCC, please avoid being legalistic in your approach. No law exists in a vacuum. Remember as lawyers that the conference has no mandate to depart from what is contained in the NCC Act,” he pleaded with LAZ.

“I, therefore, urge you all to prevail on the government not to be stubborn and to agree to have a genuine dialogue to resolve all the contentious issues that can not be resolved once the conference has begun its work. Even those of us who criticise government, we want peace.”

In his letter dated September 23, 2007 to LAZ secretary, Brig Gen Miyanda asked LAZ to explain whether they had blacklisted him.
“The LAZ statement follows an outrageous attack on me, among others, on 16th September 2007 by the Minister of Justice Mr George Kunda, who alleged that I was one of those alleged to be the architects of the perceived constitutional crisis in Zambia today. Mr Kunda is also a member of your association.

Kunda’s attack exposes me to the danger of criminal prosecution under some sections of the Penal Code. Your statement as LAZ seems to endorse his statement,” read Brig Gen Miyanda’s letter.

“I am a Zambian citizen with certain fundamental rights enshrined in the current so called bad constitution. I treasure these rights, and I have hitherto had such confidence in the LAZ that I usually complain to your association whenever I feel threatened or sense that some abuse is done or about to be done.

Even the case of the election date, which LAZ took up in the courts of law, was initiated by me. Is this the conduct of a person who must be shunned and ostracised by society? Why should LAZ be part of a secret campaign to perpetually stigmatise me and condemn me without a hearing? How can you qualify to be the LAZ if you harbour prejudices and hatred against some citizens?”

Brig. Gen. Miyanda demanded for satisfactory answers from LAZ as to whether the association had changed its objectives.
“I would want to have satisfactory answers from your association to the following questions;

who complained to LAZ against my invitation by the Oasis Forum? And what was/were grounds of complaint? What does LAZ say about my protected rights of association and assembly under the current so-called bad constitution, including Articles 19, 20, 21, 23?” Brig Gen Miyanda asked.

“What is the purpose of the human rights committee of LAZ and have its terms of reference under LAZ changed? Am I on the blacklist of LAZ?

Further, which other organisations must I not belong to or associate with, according to LAZ? What is the position of LAZ that I was invited to submit comments to a Parliamentary Committee regarding the NCC Bill? Are you advising such entities to shun me?”

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