Maravi

Back to the same court again

Back to the same court again
Written by Editor

The patience and persistence of our people is admirable. They never give up on their dreams. Even if their leaders and their institutions have often let them down, they still persist on seeking justice in the most peaceful way they know – through litigation. This is what the judicial review application made by Mumbi Phiri means.

It is very rare that our people have succeeded in litigation of a political nature which touch on the interests of those in power. It is not very long ago that our people were very disappointed in a judicial review matter involving Dora Siliya that was before our courts. But there they are again, going back to the same courts seeking a similar review over the acquittal of Frederick Chiluba.

They have sometimes questioned the impartiality of our courts in matters of this nature but they still respect the decisions of our courts without, however, accepting them. And when other issues come, they still, with little hesitation, go back knowing very well that their chances of succeeding are very low. But nevertheless, they still go back. Our people long for a day when they will be able to rejoice and accept the decisions of our courts without many questions. This is not something that is going to come overnight. So many things have happened which make our people wonder whether our judicial system is willing to rule or make judgments against the interests of those in power in highly contested matters. This should not surprise us. These are the challenges of a growing democracy. Although we say this, we all must be careful and realise that our people will not always be patient. Everybody concerned must work in such a way that we do not erode confidence in the institutions of governance that matter. Such a state of affairs is a perfect recipe for anarchy. We know many countries on our continent where governance has collapsed completely because of the gradual erosion of confidence in the systems that once governed them. Our country is a peaceful one. This is something that we must cherish. Part of the reason that our country has remained peaceful is that we have learnt to deal with conflict in a way that does not allow violence and other uncivilised methods of settling conflict.
Over the last eight years or so, we have had three occasions that could have sparked serious political conflict if our people and some of our leaders had chosen to act the way others do. In 2001, Levy Mwanawasa won the election with a narrowest margin ever recorded in an election in this country – of less than two per cent lead. And this was under the most questionable electoral practices. This was an opportunity for conflict but our people chose peace. The situation was not very different in 2006, but again our people chose peace. Last year’s election which saw the victory of Rupiah Banda over Michael Sata could have also raised a similar conflict but it didn’t. Again, the credit goes to our people. The only worrying thing is that in all these circumstances, it is those in government who have been allowed to get away with questionable practices. Those in the opposition never get away with anything; never seem to get anything their way. This will not continue for too long and trying to continue it is dangerous. We can easily be enticed to read peace and tolerance as meaning indifference between justice and injustice. This is not possible, it cannot continue forever. Things need to change. Our institutions and those who run them have to start acting and behaving in a different way. They need to understand that the individual does best in a strong and decent community of people with principles and standards and common aims and values. Leaders lead, but in the end people govern. And people will govern in a way that is fair and beneficial to them.

One of the greatest risks against democracy is the people for whom it is meant to work losing respect and interest in its ability to deliver for their good. Every care must be taken to demonstrate to the public that their confidence in democracy is not an exercise in futility. The choice to settle conflict through established standards of governance must deliver to all sides without being seen to always work in the interest of those that are in power.

The judiciary is an important institution in any functioning democracy. No effort must be spared to ensure that the people for whom it works respect it and accept its wisdom to decide on their behalf. Here we are talking about respect, not fear. Respect in our view is a rational response to facts that are placed before the observer. Fear is more often than not a reflex reaction that is not based on rational reasons. A wise person would rather be respected than feared. This also applies to the judiciary. A good judiciary should rather be respected than feared. To earn the respect of the public, the judiciary needs to demonstrate that it operates transparently and fearlessly. What the Zambian people are looking for is a nation with pride in itself, a thriving community, rich in economic prosperity, secure in social justice. They are looking for a land in which their children can bring up their children with a future to look forward to. They have an innate sense of fair play even if they feel their courts of law often deny them fair play. This is a real feeling. It does not help anybody to pretend that our people do not feel this. The challenge that we have is to address the reasons for such feelings. A judiciary that appears too close to the executive and could even in the remotest sense be said to act in the interest of the executive is in danger of losing public trust.

There are people who are questioning the value or logic of Phiri going to court to challenge Chalwe Mchenga’s decision to withdraw the appeal against Chiluba’s acquittal in the light of what happened over the Dora issue. But people like Phiri are what this country needs, they are the champions of peace in this country. The day our people stop challenging what is happening in their country using our judicial system is the day we must all find a place to hide. That will be the beginning of trouble in this country. The actions of people like Phiri should not be despised or frustrated in any way. And we are glad that our courts of law have welcomed her application. It is people like Phiri who triumph in the effort to plant hope in the breasts of the millions of our people who have almost lost hope. Whatever happens, we should never give up on our dreams for a decent Zambia with decent institutions and people. This reminds us of an ancient Chinese fable called “The Foolish Old Man Who Removed the Mountains”. It tells of an old man who lived in northern China long, long ago and was known as the Foolish Old Man of North Mountain. His house faced south and beyond his doorway stood the two great peaks, Taihang and Wangwu, obstructing the way. With great determination, he led his sons in digging up these mountains hoe in hand. Another grey-beard, known as the Wise Old Man, saw them and said derisively, “How silly of you to do this! It is quite impossible for you few to dig up these two huge mountains.” The Foolish Old Man replied, “When I die, my sons will carry on; when they die, there will be my grandsons, and their sons and grandsons, and so on to infinity. High as they are, the mountains cannot grow any higher and with every bit we dig, they will be that much lower. Why can’t we clear them away?” Having refuted the Wise Old Man’s view, he went on digging every day, unshaken in his conviction. God was moved by this, and he sent down two angels, who carried the mountains away on their backs. Today, two big mountains lie like a dead weight on the Zambian people. One is the betrayal of their leaders, the other is the complicity of their institutions. But it would seem the Zambian people, with their daughters of the likes of Phiri, have long made up their minds to dig them up. We must persevere and work unceasingly, and we, too, will touch God’s heart. Our God is none other the masses of the Zambian people. If they stand up and dig together with us, dig together with Phiri, dig together with all the men and women of goodwill in this country, why can’t these two mountains be cleared away?

Every effort must be made to make our people continue to rely on their institutions to solve their problems. Don’t stop going to court even if our courts of law let you down. Let’s try to change our courts of law to act in the interests of the people. There is nothing wrong in doing so because it is, in fact, our duty to struggle for a more fair, just and humane society. Changing our courts and other institutions of governance is part of this struggle. In fact, it would be naïve to think that these institutions will serve our people without a struggle.

These are institutions of power and power will be always contested by the various forces. Today we have got a tandem of crooks and thieves in power trying to use all the state institutions, including our courts of law to their own benefit, in their own interest. And we know that the interests of these crooks, of these thieves are in conflict with those of the people. Automatically, this calls for a struggle. We are in the midst of a vicious struggle for the control of state institutions.

The Rupiahs, the Chilubas and their friends and minions will do everything they can to have all the institutions of the state – the judiciary, the police, the Director of Public Prosecutions and even parliament – at their service. Our people have no alternative but to struggle if they have to harbour any hope of survival in what appears to be a sombre future.

Labels: COURTS, MUMBI PHIRI

posted by MrK @ 3:14 AM