Anger is growing

Anger is growing
Written by Editor

There is anger in this country over magistrate Jones Chinyama’s decision to acquit Frederick Chiluba in what they see as the most questionable circumstances. But strangely, that anger is mixed with despair, a feeling that their Judiciary is rotten and the whole state machinery is gone.

And that feeling seems to be deepening. We disagree with it. There is no need to despair. There are problems in our Judiciary but it is not totally rotten. The quality of work is poor in many respects and some of the decisions are unquestionably suspect.

We also believe that despair, anger and confusion are not the best ways to respond to this. If we give the impression that just because we are angry, then Rupiah Banda’s walls of Jericho will fall down, he is not going to treat us very seriously at all – and we won’t deserve to be treated very seriously.

What is needed is a rational response to all these clearly corrupt schemes. We need to know how to fight back because people like Rupiah will only respect those who know how to fight back when wrong has been committed against them.

There are many things the Zambian people can do to make their institutions responsive. In a democracy, there is no alternative to protest. And protest takes many forms. When people keep quiet, no amount of anger from them will change anything. They must begin to show their unhappiness in rational ways. It is their right.

Although we say our people should not despair, this feeling is not entirely negative. It is a sign of progress. At least it shows that our people are moved with indignation every time a wrong is done. The public has taken a clear stance against corruption. It is not going to be condoned.

It does not matter who is behind it. This is what the anger people are feeling about Chiluba’s acquittal demonstrates. We do not believe our people are hateful. On the contrary, our people are tolerant, loving and accommodating. The anger they have at Chiluba’s acquittal has nothing to do with hatred, it has to do with injustice and justice.

Our political culture has developed to a level where many of our people are rightfully demanding accountability from their leaders. They elected Chiluba in their masses but he betrayed them. Instead of improving the lot of our people, Chiluba determined to retire rich at their expense. He was not going to retire like poor Dr Kenneth Kaunda who was going to depend on the people he had served for 27 years to look after him. Chiluba decided he was going to make his own pension in addition to what the people were going to give him.

This is what disappoints our people, this is what is generating the anger, this is what annoys them. The president of this country commands a lot of power. His actions or inactions could mean life or death for a lot of people. This is the kind of power that the president wields in trust for the people. When a president turns rogue as Chiluba did, his misdeeds are not private mistakes but public wrongs which demand public accountability.

It is only in countries like ours where a president can publicly admit receiving bribes and keeping them in a government account for his personal use and get away with it. In a normal country, such a president would not even dare open his mouth. But today, we hear Rupiah saying Chiluba is entitled to fight for his immunity. If Chiluba can break the law and be supported by the government, why do we have prisons?

Why should someone who steals a bag of mealie-meal to assuage hunger be sent to jail for many years and yet somebody like Chiluba is free to steal from the people? Anyway, this can only come from a person like Rupiah. We have not forgotten what he said in Kabwe on Monday before even Chiluba’s judgment was completed. Rupiah said today it is Chiluba, tomorrow it can be me or you. If one has stolen, yes they should be treated in that manner. The best way to avoid that is not to steal; it can’t be by immunities from justice, by questionable acquittals that mask corruption in every pore.

And they should never be absolute immunity accorded to anyone. The immunity provided to a president in our Constitution is not absolute and that is why it was possible in the end to have Chiluba prosecuted for stealing public funds. Going the line Rupiah is advocating, a line of absolute immunity, would be incompatible with the rule of law; the very essence of the rule of law is that no one is above the law. As a result, the immunity we give to our president is limited to the minimum level required in the performance of official duties. If this was the opposite, it would mean that a person who becomes president would be bound by no law, he could steal and abuse public resources and office as he wishes.

It is unfortunate that the person who has sworn to defend the law of the land is at the forefront of championing its violation. It is quite clear from Rupiah’s utterances that he does not think Chiluba should be held accountable for the wrongs that he has done. The question is why? Why is Rupiah jittery about the office of president being held to account? Is he doing things he shouldn’t do? A decent and honest man need not fear the law. Instead, he should embrace it. This is the behaviour we expect from Rupiah.

It seems Rupiah is a throwback to a bygone era where presidents were equivalent to absolute monarchs who were above the people and the law. This is the impression Rupiah gives. He is not a servant; he is not a leader, he is a ruler. To him, presidency is synonymous with absolute control and absolute immunity to the exclusion of any accountability.

This is why Rupiah never accepts any public criticism. Even when people tell him that something is wrong, he has to defend it. We have seen this on the Zamtel privatisation where his government is ready to break the law. This is similar to the way Chiluba used to behave. Chiluba was insular to criticism. Look where it has ended him! Instead of defending Chiluba’s misdeeds, Rupiah must make sure that his own conduct while in office is above board. If he works in the interest of the people on every issue that comes to his desk, he will have nothing to fear. Rupiah will have no need to defend thieves and scoundrels since as he said ‘it could be me or you tomorrow’.

What Chiluba has done can never be covered by any amount of propaganda. Our people demand accountability. This is one of Rupiah’s responsibilities to ensure that there is accountability in government and in the management of public affairs. But the confusion that is emanating from Rupiah should not surprise us. This man is consistent in his wrongdoing. He does not seem to care about anything that matters to the people. To him, it is the question of ‘me, myself and I and also my children’. That is what matters to him. Anyway, Chinyama has told us that a president of this country is not a public servant, so Rupiah can do as he pleases, he can take whatever he wants as long as he keeps it in a government account, it’s okay! What nonsense is this? This can only happen in Zambia. Clearly, Chinyama’s acquittal of Chiluba has brought shame not only on our judiciary but on our whole country. People are not only making jokes about our judiciary, they are also joking about us as a nation, as a people.

Rupiah does not seem to realise that as president, there is a lot on his shoulders. He is supposed to represent the aspirations and hopes of our people. And yet he represents despair and hopelessness. At one point, we thought that our country was in auto pilot. Although this is a fearful thing, at least auto pilot directs you somewhere. We are now realising that our country is not on auto pilot, it is in free fall and Rupiah, the captain, is dozing. This is disaster indeed. It can lead to a disastrous crash. We are not saying this just for the sake of criticising Rupiah. The evidence is all around us. What has Rupiah been doing when the economy has nose-dived? It seems to him, this is not part of his job. He has no duty to ensure that the economy is running well. If a president can ignore the economy except to the extent that he has some specific deals that he is pushing, what hope is there for our people? This is why to him, getting justice for our people is nothing. Chiluba can steal and keep the loot. Rupiah is not bothered. Shame on him!