Maravi

Let Chiluba serve his purgatory

Let Chiluba serve his purgatory
By Editor
Tuesday April 01, 2008 [04:00]

THERE is no fair and just-minded person who can ask President Levy Mwanawasa to stop the prosecution of Frederick Chiluba. And what reasons are going to be advanced for stopping the prosecution of Chiluba? Is it going to be because he is a former president, an important and influential man? Or is it because it is believed that he has not committed any of the crimes he is today being prosecuted for? What is it? They should tell us!

And what standards – political, legal, moral or otherwise-are they trying to advance?
It will not be unfair for us to think that those who are asking Levy to halt the prosecution of Chiluba are people more open or more inclined to corruption. Stopping the prosecution of Chiluba will be an abuse of power on the part of Levy or indeed even on the part of the Director of Public Prosecutions himself.

The right to equality before the law, or equal protection of the law as it is often phrased, is fundamental to any just and democratic society. Whether rich or poor, former president or humble citizen, political ally of those in power or opponent – all are entitled to equal protection before the law.

The democratic state cannot guarantee that life will treat everyone equally, and it has no responsibility to do so. However, under no circumstances should those in power impose additional inequalities; they should be required to deal evenly and equally with all their people.

No one – including a former president whose presidential immunity has been lawfully removed – is above the law, which is, after all, the creation of the people, not something imposed upon them.

The citizens of a democracy submit to the law because they recognise that, however indirectly, they are submitting to themselves as makers of the law. When laws are established by the people who then have to obey them, both law and democracy are saved.

But we know that in every society throughout history, those who administer the criminal justice system hold power with the potential for abuse.

Every state must have power to punish criminal acts, but this must not be done in an arbitrary manner and should not be subjected to political manipulation by those in power.
There is need to realise that we are not living in an 18th century chiefdom.

We are citizens of a modern republic where there is supposed to be an independent judiciary. And the idea of independence of the judiciary as it now presents itself is a modern one.

If we go back in history, we shall generally find that although the notion that justice should be fairly administered may well have been accepted, those who adjudicated or settled cases were not expected to be in any real sense “independent”.

Justice was a royal prerogative, which the ruler carried out through his appointed officials or justices. As such, not only were there no separation of powers, but those who prosecuted and judged were agents of those who ruled.

Independence of the judiciary is the supporting pillar of the rule of law. It is not enough to say that the courts should follow and apply the laws faithfully and equally to all.

One must in addition demand that there should be no dispensing power vested in the president or any other office which would relieve a person from the duties and process of the law.

There is hardly a more powerful weapon which can be abused in the hands of a government than that of initiating and discontinuing prosecutions.

We know very well that the prosecution process in this country has been often abused to harass opponents of those in power through unjustifiable prosecutions, or by exempting their own friends, supporters, cadres or ministers from liability for illegal acts through the discontinuance of prosecutions.

The judiciary at whatever level may find itself confronting these abuses, and may find itself subjected to enormous pressures to accept them. Often, if the process is legal but unfair, there is little that a court can do.

The matters for which Chiluba is being prosecuted are not personal ones between him and his friend Levy. Chiluba is believed to have stolen from the public, to have shamelessly abused his high office. And in so doing, he offended the entire nation. What Chiluba did was to commit a crime against the entire nation.

It is no wonder Zambians in 2002 took to the streets demanding the removal of his presidential immunity so that he could be prosecuted for corruption and abuse of office. And as Levy aptly put it, it was the people of Zambia and not himself who decided to take the matter to court.

It will be extreme disrespect for the Zambian people for Levy to drop the charges against Chiluba at the insistence of Chiluba’s friends. Yes, it is Chiluba who helped Levy become president but obligations to the people take precedence over commitment to a friend. And Levy should not be allowed to use his office to pay a debt to a friend, to Chiluba.

The office that Levy occupies is not his; it belongs to the people and it should be used for the people’s interest. It should be used to carry out his obligations to the people and not for paying back personal favours.

It will equally be shocking, given where we are coming from with this case, for our Director of Public Prosecutions to even think of dropping the charges against Chiluba.
So far Chiluba has been accorded the full due process of the law. And all opportunities for defending himself have been accorded – a thing he didn’t do for others when he was in power.

Let the law take its course. If Chiluba is found without a case to answer, let him be acquitted. If the court will find him with a case to answer, let him – like every other accused person – defend himself. After all, Chiluba has maintained that he is innocent and he is ready to defend himself. So let him do so.

Moreover, if the charges against Chiluba are dropped, how fair are we going to be as a nation to people like Lt General Funjika who is today languishing in jail for a much smaller amount of money that he corruptly obtained and has even paid back? We have come this far with these cases and they have helped restore our image internationally as a nation of people who can be upright.

Why do we want to take away this respect from ourselves and reduce the confidence of our people in themselves, in the abilities to conduct the affairs of their country in an honest manner?

There is nothing wrong with punishing crime or wrongdoing. Even in God’s scheme of things evil deeds are punished. And this is not to say God is bad or unforgiving.

Actually punishing crime is another way of forgiving a criminal. Let Chiluba, if he is found guilty, go to prison and serve his purgatory before he comes out to go to heaven.

There is nothing special about Chiluba. The fact that he was president of our country doesn’t make him more special than other human beings both here on earth and in God’s kingdom. If he commits crimes or sins against his people and his God by stealing, let him meet the temerity of it.
We are pleased that Levy is not buying into the nonsense of dropping charges against Chiluba.

We hope he will also not entertain the nonsense of pardoning him if he is convicted. Levy had given Chiluba a chance to pay back what he had stolen, show contrition and be forgiven. Chiluba maintained that he was innocent until proven guilty.

Why should charges against such a person be dropped or, if convicted, why should he be pardoned?

Labels: CHILUBA, COURTS

posted by MrK @ 6:17 AM