DEC has lost its bearings and deserves no respect

DEC has lost its bearings and deserves no respect
By The Post
Fri 11 Feb. 2011, 04:00 CAT

The Drug Enforcement Commission’s seizure of Michael Sata’s automobiles on allegations of money laundering did not make sense from the beginning.

It was clear from the very beginning that this was a case of political harassment using the Drug Enforcement Commission. But in trying to embarrass Michael, the Drug Enforcement Commission has instead embarrassed itself in the eyes of all fair-minded and honest people. Anyone with a sense of justice, fairness and honesty can see that theirs was a mission to harass Michael and politically humiliate him.

It was clear to all that there was nothing wrong or illegal that Michael had done to warrant the seizure of his two automobiles. So much political propaganda was made by the Drug Enforcement Commission on behalf of those who today control it, those who appoint its top management, those in power. The Drug Enforcement Commission has become a political black hound, a vuvuzela for those in power and their political party, the MMD. The Drug Enforcement Commission has lost credibility, public support and respect. It is now seen by most of our people as a department of the ruling MMD and of being under the direction of the political leadership of that party. It is not surprising that MMD cadres of all ranks can today make the Drug Enforcement Commission move and do ridiculous things like they did with Michael’s automobiles.

This is not the way to run public institutions that were created for very good and legitimate reasons to fight crimes committed against our people and humanity in general. We wonder how officers who worked very hard to establish the good reputation that the Drug Enforcement Commission enjoyed in our country and in our region feel today to see the abusive way in which this institution is being managed. The Drug Enforcement Commission has lost its head; it is an embarrassment and it is not worth taxpayers’ funding. It is really a disgraced organisation that deserves no one’s respect and support. It has been turned into an arm of the MMD for the harassment and humiliation of its political opponents, of those its leaders detest.

The Drug Enforcement Commission is an institution that seems to be managed by spineless and shameless characters. If those who lead the Drug Enforcement Commission have any sense of justice and fairness in their hearts, they would not hesitate to apologise to Michael for the inconvenience and embarrassment they have caused him through the seizure of his automobiles on baseless allegations from a hopeless cadre who is nothing but a political prostitute, a political pimp. How can an institution that belongs to the people, that is funded by the taxpayer accept to be abused by cheap characters in this way? We have no doubt one day, some people will have to answer for the destruction and abuse of the Drug Enforcement Commission. What is difficult in just telling the public and Michael that they were wrong in what they did against him and that they are sorry and asking for understanding and forgiveness from him? But what we see is a hopeless pretence that there is something wrong that Michael did that needs to be investigated and acted upon by the Bank of Zambia and the Zambia Revenue Authority. Anyway, it’s not surprising that the Drug Enforcement Commission can bring in the Bank of Zambia and the Revenue Authority. This is simply because they know very well that these institutions are also open to abuse by those in power to fix their political opponents and those they don’t like. We have recently witnessed how the Bank of Zambia has been made to deal with Finance Bank and its principal shareholder Rajan Mahtani. For whatever his wrongs, misdeeds – which may be many – Rajan and Finance Bank wouldn’t have been dealt with the way they have been dealt with if they were friends or were liked by those in power. As for the Zambia Revenue Authority, we all know how it is often abused to fix taxpayers who are not in good terms with those controlling government, those appointing or promoting its managers. We wonder what institutions will retain some credibility in the eyes of our people at the end of Rupiah Banda’s government. One day they, will have to account for this criminal abuse of public institutions that were created for very good and legitimate reasons to serve our people.

We are not against legitimate law enforcement. And no one is or should be above the law, which is, after all, the creation of the people, not something imposed upon them. If a Michael Sata has committed a crime, he should be treated in the same way as any other citizen who has committed a similar crime – no more, no less. There should be fairness in the administration of our criminal justice system. One’s political affiliation, or lack of it, should not be an issue. But today it is an issue. It is the first consideration in how our law enforcement agencies deal with you.

And we know very well that in every society throughout history, those who administer the criminal justice system hold power with the potential for abuse and tyranny. In the name of the state, individuals have been unfairly treated, harassed, brutalised and humiliated without legal justification – and often without any formal charges ever being brought. This is the case with the confiscation of Michael’s automobiles and the attempt to humiliate him by portraying him as a criminal involved in money laundering and all sorts of illegal deals. No decent society, no decent people can tolerate such abuses.

Every state, including ours, must have the power to maintain order and punish criminal acts, but the rules and procedures by which the state enforces its laws must be public and explicit, not secret, arbitrary or subject to political manipulation by those in power. This is what the rule of law entails – the right to equality before the law or equal protection of the law as it is often phrased. And this is fundamental to any just and democratic society. Whether opponent or ally of those in power – all are entitled to equal protection before the law. And under no circumstances should those in power impose additional inequalities; they should be required to deal evenly and equally with all citizens. When this is done, both law and democracy are served in our country. Let’s not allow such injustices, such arbitrariness to go unchallenged, undenounced.