Maravi

Funjika sets the way

Funjika sets the way
By Editor
Tuesday March 11, 2008 [03:00]

If all institutions of the state can function effectively and efficiently in line with their constitutional mandate, we will have a better country. The exercise of the High Court of its supervisory role over the subordinate courts yesterday opened a new dimension in our fight against corruption. Without waiting for mass protests, the High Court called for the record in the case of Lt Gen Wilford Funjika and imposed a jail sentence.

This is after the magistrates’ court had sent Funjika home after asking him to pay back the 15,000 pounds he had received as a bribe. The High Court found this suspended sentence too lenient and yesterday sent Funjika to jail for nine months with hard labour.

In his judgment, High Court judge Philip Musonda clearly stipulated that corruption is a heinous crime just like defilement which the Zambian society has began to frown upon intensely.

This is a very important observation which we all need to understand very clearly because many of our people have been hoodwinked by corrupt elements into thinking and believing that corruption is an unavoidable and tolerable part of our day-to-day living and very little can be done about it.

These corrupt elements have even gone so far as to fool some of our people into dancing for them when they appear at court. The same people that they stole from, who can only find time to accompany them to court because they are unemployed due to the same corruption, are happy to receive handouts when these crooks appear at court.

This must rank with some of the worst forms of dehumanisation. You steal from someone and then use the money you have stolen from that same person to patronise him or her, to make him or her your servant, dancing for you in the form of hired or paid for solidarity.

Judge Musonda's observation that corruption should be denounced and punished in the same way that defilement and such other violent crimes are denounced and punished is an important moral, legal and indeed political standard for our country. Judge Musonda also observed that grand corruption has not received any meaningful treatment in our courts of law.

It is good that judge Musonda has distinguished grand corruption from what he called "corruption propelled by hunger". He has characterised grand corruption as corruption done by well-paid public officials propelled by greed.

These officers allow their greed and insatiable appetite for bribes to inflate prices at which goods and services are procured by government. They allow payments for goods which are never delivered and projects to be improperly executed costing the ordinary Zambian billions of kwacha.

With this kind of grand corruption, judge Musonda observes that "society does not get value for its money". At this point he makes a very important observation that those involved in this type of corruption should go to jail.

This is an important message to our brothers and sisters who occupy public offices and those who deal with them to know that the courts are serious and they will not escape justice if they steal, mismanage or abuse public funds and other resources in any way.

We say this because many of our rich citizens have gotten used to stealing and abusing public funds and not being brought to book, let alone going to jail like we see in other countries. It is immoral for a judicial system to send a 17-year-old boy caught with two grammes of cannabis for his own illegal consumption to jail for five or 10 years and yet fail to send to jail the corrupt elements that stole the money that would have enabled this poor boy to go to school.

We daily read about stiff sentences being meted out against many poor people facing offences that are not nearly as serious as the grand corruption represented by the cases that are being tried in our courts today.

Judge Musonda's ruling is a timely reminder to those facing trials in our courts that the days of impunity are over and their days are numbered. We hope they managed to catch some sleep last night upon learning Funjika's fate because their Armageddon is near.

Those who used to deceive themselves and in the process deceive others that this is a mere mock engagement which will soon be over and they will go scot-free to enjoy their loot last night went to bed with a rude shock and awakening. We hope this won't scare them from attending court and start faking all sorts of illnesses.

We have seen some of our friends who are in courts being very healthy and politically active when there are no court sittings and as soon as these re-appear, they suddenly become too sick to be anywhere near court.

Yes, these cheap tricks may delay the ending of their cases, but they will definitely not take away the day of judgment which will certainly come - whatever the delays. It is said that the wheels of justice grind very slowly but they grind. The Zambian people demand justice and are determined to see it delivered.

It is gratifying that it is not only us and a few people in the executive who are against corruption; our courts yesterday made their position on this matter very clear. Not only are they willing to sentence corrupt elements to jail, they will overturn lenient magistrates' sentences if that is what it takes.

Judge Musonda and his judge-in-charge, judge Essau Chulu, need to be commended for restoring the people's confidence in our courts of law on issues of corruption. When Funjika was given a suspended sentence, a number of compatriots complained publicly. It is therefore gratifying to see that the courts are watching these cases.

These cases are very important for our country and its future. We say so because unless we set clear precedents about what we are going to allow those who exercise power on our behalf to do, our people are going to continue being robbed by those who are supposed to be their servants.

Judge Musonda agreed with the state that corruption is a tax on the poor. This is true. If we allow people in public offices to steal and abuse their offices to get personal benefits, we are going to produce a national disaster.

Already, a lot of our people cannot access medical care, many of our children have no schools to go to and our old people are destitute with no form of social security whatsoever.

The Funjika case must give hope to our people and to all those who are fighting to make our country corruption-free in order to build a more fair, just and humane society for all our people.

Labels: PHILIP MUSONDA

posted by MrK @ 5:02 AM