Maravi

Let’s defend our magistrates, judges

Let’s defend our magistrates, judges
Written by Editor

It was frightening to listen to what Ben Mwila and Peter Machungwa were saying in Parliament the other day. It was equally shocking to listen to the favourable response and support they were getting from the executive side of the House. Mwila told the House that the Task Force on Corruption and some donor countries had hijacked the Zambian judicial system. And this has resulted in several injustices.

“I have observed that our justice dispensation started going wrong in 2001. Before that, the justice system in the country was well managed. We are bringing the Task Force to run this country with donors. Yes, they support our budget deficit but we don’t need them to run our justice system. These donors use the Task Force to target certain individuals they don’t like.

And if a political party is led by the person they don’t like, they will destroy him using the Task Force. But I have confidence in the Honourable Minister of Justice who is also the Vice-President, and I hope that he shall not let the donors run our country through the Task Force.”

This is what Mwila told Parliament amidst cheers of “hammer, hammer” from the executive’s side of the House.

And Mwila added: “The justice dispensation system has deteriorated now. I was privileged to have been minister of defence for eight years. And our own laws stipulate that matters to do with the defence forces have to be tried by a court marshal. But now we are abrogating our own laws where we try our military personnel in courts and not court marshals. That is total abrogation of the fair justice system. Things are totally going wrong and the Task Force is one way of avoiding our justice system. I hope his honour the Vice-President will have a stronger voice to rectify the situation.”

And Machungwa pulled the string a little further: “Indeed the fight against corruption is very important, but it must be done quietly. It is very unique in a country to find all defence chiefs convicted, especially in the middle of agreements signed with some countries who have been funding the fight. And have signed that these individuals be convicted, maybe. The fight should not be targeted against certain individuals, crime is crime. Certain people have become targets in this fight. Let us ensure that citizens are treated in the same manner, lest we endanger peace and security of the country. We know that our judicial officers are empowered by the law to sometimes use discretion. And they sometimes use this discretion to punish by giving unnecessary adjournments. Please don’t abuse discretions when matters are to be decided.”

This is what Mwila and Machungwa told the House on Wednesday. And this is what members of Rupiah Banda’s government were supporting and cheering.

But what do these utterances by Mwila and Machungwa amount to? What do they mean? And what are the consequences of what these two gentlemen were saying?

We don’t want to say what Mwila and Machungwa are saying amounts to contempt of court. But we will not hesitate to say that their statements are intended and have the consequence of undermining our courts of law, our magistrates and judges. They have the consequence of reducing the credibility of our courts of law and of our entire judicial process.

And we have no doubt Mwila and Machungwa know this. We also have no doubt that those who were cheering, those who were supporting them, know this very well as well. But why have they decided to take what clearly appears to be a reckless and irresponsible approach to these issues? The only discernible thing that they seem to be doing this for is politics and personal interest, greed and vanity. They all know very well that soon, it may be their boss, their friend, their relative Frederick Chiluba who may be convicted in a similar manner. But what is sad is that their behaviour, their attitude to all these things is similar to that of George Kunda and is being supported openly by members of Rupiah’s government. This confirms what we have been saying about George’s attitude towards the fight against corruption, and the Task Force in particular. Even Mwila and Machungwa are confirming this and see him as their ally, a sympathiser to all these people who are being convicted for corruption.

But for all their desperation, we beg them to leave the courts of this country alone and let them do their job without interference or undue pressure.

If they succeed in destroying the credibility of our judiciary, of our courts, of our magistrates and judges, then this country is in for very dangerous and difficult times. Right now, the judiciary is the only institution where people with all sorts of grievances, frustrations, displeasures are turning to. Even politicians with what are clearly political problems, and not legal ones, are turning to the judiciary. If we recklessly and stupidly destroy the credibility of our magistrates, of our judges, we will have so many conflicts that we will fail to resolve, and this country will be in turmoil, in flames. We will fail even to resolve simple electoral disputes.

The process that George and his friends of all hues have embarked on is very dangerous. If you start a process in which the key democratic or governance institutions of our country like the judiciary begin to be destroyed, that process is very negative, is very dangerous. They have unleashed a process that may destroy the authority, dignity and standing of our magistrates and judges. In this way, they are destroying one of the pillars of orderly governance in this country. If you destroy the standing, the authority of our courts of law, the consequences are terrible. And these characters are making an enormous mistake by failing to foresee the consequences of what they are doing. And when all the negative tendencies are unleashed, opportunistic elements will also be introduced, to further destroy this country.

There is need for our people to stand up and defend certain principles that are of tremendous value at a time of confusion and opportunism in our country, a time one might call the deification of politics.

There is totally nothing wrong or questionable with these corruption cases and the sentences that have been handed to those found guilty. After all, Chiluba is on record refusing to accept the London High Court judgment in which he was found to be a thief. Chiluba preferred to be tried by a Zambian court and today, his friends don’t want to accept the fact that the Zambian courts have conducted these cases in the best way possible and have handed the most appropriate sentences to everyone. There is no one who has been accused of corruption who can claim that he was not accorded a fair hearing and due process. Some of them have even appealed to the High Court and Supreme Court and have still been found guilty.

What Mwila and Machungwa are insinuating is that our magistrates and judges are corrupt. They are being given orders by donors and other forces to convict innocent people. Can this be said to be true? The answer is a categorical no. These people stole and that is why they have been convicted at all levels of our judiciary. It is stupid to suggest that our magistrates, our High Court and Supreme Court judges are under the direction of donors.

But this is what happens when top leaders of a country like George start to behave in such a treacherous way and opt to support and defend that which is wrong for political expedience and other petty reasons of ego and jealousy.

And this is what the electoral alliance of Chiluba and his corrupt friends and Rupiah means. Chiluba told the nation that he doesn’t support anything for nothing. They are panicking now. They can’t believe the convictions of their friends. And desperate people do desperate things. This group is not different from the group that is today facing corruption charges in our courts of law and is being convicted. That’s why they are friends. That’s why they are playing in the same league.

Well, it gets dark sometimes, but the morning comes. The Zambian people should not surrender. Suffering breeds character. Character breeds faith. In the end, faith will not disappoint.

But we need a political leadership that squares up to these challenges, one that is true and honest.

The daily deeds of our leaders must produce an actual Zambian reality that will reinforce our people’s belief in justice, strengthen their confidence in the nobility of the human soul and sustain all their hopes for a glorious life for all and not just for a few corrupt elements. We should all work to ensure that the fruits of the work that has gone on in our country since independence do not only benefit a few.

And we say all this with a full knowledge and belief that no section of our nation has all the virtues, neither does any have all the vices. We are quite sure that most people try to do their jobs as best they can, even if the result is not always entirely successful. He who has never failed to reach perfection has a right to be the harshest critic. There can be no doubt, of course, that criticism is good for people and institutions that are part of public life. No institution should expect to be free from the scrutiny of those who give it their loyalty and support, not to mention those who don’t. But we are all part of the same fabric of our national society and that scrutiny, by one part of another, can be just as effective if it is made with honesty and understanding, and not with lies and malice.

We urge all Zambians to commit themselves to the construction of a complete, fair, just and humane Zambia. And the best way to do this is to join the fight against corruption and stop the likes of George from having their way. George has a record of stopping genuine and legitimate prosecutions of corrupt elements. He has a record of defending corruption, of supporting that which is wrong, that which is corrupt. And this is why Mwila and Machungwa are exalting his name in their defence of the corrupt generals who have been jailed for their evil deeds.

Let’s defend our courts of law, our magistrates and judges. If we fail to do so, the consequences will be devastating.

Labels: BEN MWILA, CORRUPTION, PETER MACHUNGWA, TASK FORCE

posted by MrK @ 6:33 PM