Maravi

Justice Mambilima should redeem herself

Justice Mambilima should redeem herself
By The Post
Sat 20 Aug. 2011, 12:20 CAT

It is clear that there is a big problem with the character and conduct of
both Universal Print Group Limited and the Anti Corruption Commission.
It is clear that Universal Print Group is involved in corrupt practices,
bribery and money laundering.

And it is also clear that the Anti Corruption Commission is trying to cover up all this. These are things that are now firmly in the public domain and no one can claim to have no knowledge of what is going on.

And given what is publicly known about the conduct of Universal Print Group that is today being covered up and laundered by the Anti Corruption Commission, there is no way justice Irene Mambilima, the chairperson of the Electoral Commission of Zambia, her fellow commissioners and her management can claim not to know what is going on and pretend all is well.

They cannot, as Given Lubinda told them, continue to bury their heads in the sand in the ostrich style and fashion.

We have reached a point where justice Mambilima has to own up and admit that something is seriously wrong and call all the key stakeholders to decide how they should proceed on the printing of ballot papers for next month’s elections. Failure to do so will put justice Mambilima and those working with her at the Electoral Commission in problems now and in the future.

It would be unreasonable for justice Mambilima to ignore such a serious development. We say this because it is very clear that there has been poorly executed attempt to cover up the criminality of Universal Print Group. Godfrey Kayukwa, the director general of the Anti Corruption Commission, has been at the centre of it. Rupiah Banda has also tried to lend his word to this cover-up.

The natural question that flows from the behaviour of Kayukwa and Rupiah is this: who else is involved in this cover up? If things stand the way they are, can one reasonably say the Electoral Commission of Zambia is innocent in this cover up? If things remain this way, can justice Mambilima retain her integrity and public trust as a senior judicial officer?

We say this because it is clear that for reasons best known to themselves, it is in the interest of Rupiah and Kayukwa to defend and try to launder criminals. And Rupiah is one of the candidates in next month’s election, who also happens to be the President now. Why is it in his interest to defend criminals? Shouldn’t this matter interest justice Mambilima? Why should the Anti Corruption Commission be telling lies about matters that can be proven?

Justice Mambilima has a duty to run this election in a way that demonstrates that it is not only free and fair but can and should be seen as free and fair. Having a criminal perform the most significant part of our electoral process does not give the impression that this election is free of fraud.

Corrupt people, like those at Universal Print Group, who are also capable of bribery and money laundering, cannot be trusted to perform the duty that they have been entrusted with free from the criminality that Kayukwa is trying to help them hide.

We need to guard against an impression being cemented in the minds of our people that the Electoral Commission takes its instructions from Rupiah and cannot act on an issue based on what common sense, decency and honesty dictate.

Assuming that justice Mambilima did not know what Kayukwa knew when the Electoral Commission of Zambia contracted Universal Print Group, she now knows. She should be in no doubt that Universal Print Group are criminals.

As an honest person, justice Mambilima should also be concerned that these criminals are being defended by Rupiah and Kayukwa. That should cause concern for an honest person trying to do an honest job, a job that should be seen by all to be honest.

Justice Mambilima should be asking herself:

why is Kayukwa covering up the criminality of Universal Print Group? And why is Rupiah defending them? Unless she has good answers to these questions, justice Mambilima has no reason to proceed as she is doing.

It will not be possible for justice Mambilima to run an election that will be seen to be transparent, free and fair without meaningfully addressing the concerns of all the key stakeholders over this issue. And should problems arise as a result of this, it will be very difficult for justice Mambilima to escape blame.

And it will not be wrong to hold her accountable for whatever chaos may follow these elections because she has not tried to address the well-founded concerns being raised by key stakeholders over this issue. We have stated several times that for us to hold free and fair elections, certain conditions have to prevail in our country and in our hearts.

The major players have to agree on all key electoral issues and on the conditions under which our elections would be held. And those in government should not be seen to put those in the opposition at an unfair disadvantage.

There ought to be transparency in the organisation of the elections. As facilitator of the elections, justice Mambilima should ensure that the concerns of all key players are adequately addressed.

She is not doing so, especially over the issue of printing of ballot papers. This is not a recipe for peaceful, free and fair elections. It is clearly a recipe for chaos and anarchy.

We are not in any way underestimating the difficult situation justice Mambilima finds herself in.

The challenge before her is a very difficult one. But things can be made easier for herself if she tries to understand that her role is that of a facilitator and not of the sole owner of our electoral process – she is not the alpha and omega of this process. The success of this process does not solely rest on her but on how she brings all the key stakeholders to participate in and make them own this process.

This challenge can easily be resolved by simply calling all the key stakeholders and telling them that there is a problem with Universal Print Group and seek their indulgence on the way forward. In this way, the burden will be shared by all.

In the words of Thomas Daschle, the National Democratic Institute pre-election assessment group’s co-delegation leader, it is important to improve transparency, enhance inclusiveness and expand accountability surrounding the elections in order to buttress the peace and tranquility that this country has enjoyed. Failing to deal with a divisive issue in a transparent and accountable way will do nothing to add to our peace and stability as a nation.

If nothing else, the dictates of the rule of law demand that justice Mambilima deals with all parties in this election in an even-handed way. And that will require her to summon the best diplomatic skills that she can to deal with the crisis that is brewing over the Universal Print Group ballot paper printing contract.

Rupiah and Kayukwa have not helped justice Mambilima. They have left her in a very awkward position for which she may live to regret having accepted that job for a second time. Kayukwa has literally become an accomplice after the fact to the criminals at Universal Print Group by trying to cover up their crimes.

And if justice Mambilima does not change her approach to this problem, she will soon find herself in the same problem, condition or situation as Kayukwa. The time for justice Mambilima to act and redeem herself from the impending Armageddon is now.

Labels: IRENE MAMBILIMA, VOTERIGGING

posted by MrK @ 7:02 PM