(LUSAKATIMES) Chansa Kabwela trial: Lessons from the tragedy

Chansa Kabwela trial: Lessons from the tragedy.
Tuesday, November 24, 2009, 12:23

The trial of The Post editor Chansa Kabwela is not a comedy but a tragedy. A comedy is meant to cause laughter, but from whatever angle I look at this story, I cannot find anything funny in it but only dismay and anxiety on one hand and pity and anger on another.

I am first of all dismayed and anxious when I consider that the constitutional office of the DPP can be so degraded due to personal preservation. I say this because that is the only way I can explain why a learned lawyer can pursue a malicious prosecution of a citizen purely on the personal opinion of a head of state.

The President is a layman at law. He has at least four people, the Vice President, also Justice Minister and SC, the Attorney General, the DPP and the Solicitor General, who can advise him on any point of law. More than that, the Constitution of Zambia, directs that no one should influence the DPP as to whether or not to prosecute. If this prosecution went ahead to please the President, it has.

Well, much has already been said about the demerits of the case. I turn now to pity and anger. I pity the man and wife in this story. ‘How sweet to hold a new born baby, and feel the pride and joy he gives’ (Bill Gaither), but this couple were denied this experience amidst the selfishness of some and savagery of others. I understand that the baby died.

What has the State done to prevent this from happening again? There is a case for negligence. The state owed a duty of care to this couple and the state failed to provide that care and injury resulted. I am angry that not a single lawyer has come to this family’s aid to seek compensation from the state. Res ipsa loquitur.

Scores of Zambians perish in hospitals, on roads and other places because of the negligence of the state directly or indirectly through its agents. There are no hazard warnings on roads that look like a moon face. There are no diagnostic facilities in state hospitals where patients are treated by trial and error! There is no Health and Safety legislation to write home about. Six people have drowned recently in public swimming baths and no one is held to account!

I am first of all dismayed and anxious when I consider that the constitutional office of the DPP can be so degraded due to personal preservation. I say this because that is the only way I can explain why a learned lawyer can pursue a malicious prosecution of a citizen purely on the personal opinion of a head of state.
Meanwhile, Mr Mangani is more concerned about ‘laws against pornography!’ Why should government legislate personal morality? The government should be more concerned about protecting the lives and livelihoods of the citizens. Urgent labour legislation is required to outlaw unfair remuneration. It is time there was ‘equal pay for equal work!’ That baby must be remembered as the child who put an end to mediocrity in Zambia. We owe it to him/her. It is time to hold someone accountable.

LT Blogger