Maravi

Retribution and justice

Retribution and justice
By The Post
Mon 26 Sep. 2011, 12:40 CAT

We cannot build a united nation on the basis of retribution or vengeance. If we want to move the nation forward, we can't do it with feelings of retribution, vengeance or hatred.

We agree with Rupiah Banda when he says that "now is not the time for violence and retribution. Now is the time to unite and build tomorrow's Zambia together. Only by working together can we achieve a more prosperous Zambia".

Unity is important because the ultimate strength of our country lies in the unity of our people and we should put the unity of our people first and ahead of any divisive partisan politics. And in these times, as in times before, it is true that a house divided against itself is a house that cannot stand. What we won when all our people united must not now be lost in selfishness, vengeance or retribution.

But here care has to be taken. And we have to be very clear about what is at stake and what we are talking about. We say this because we can easily be enticed to read avoiding retribution or vengeance as meaning parity between justice and injustice or the rule of law and impunity.

Those who have committed crimes using the privileged positions they occupied should not be allowed to get away with it. Those who abused their offices, those who stole public funds or engaged in any forms of corruption using their public positions should not be allowed to get away with it. And punishing such wrongdoers is not retribution or vengeance. If Rupiah is arrested next week and prosecuted for corruption, for abusing his office or indeed for any wrongdoing, this should not be interpreted as retribution or revenge.

If this is what Rupiah is talking about, then he is wrong. We are on record accusing Rupiah of corruption and would certainly want him prosecuted for that corruption. Rupiah has also been accused of perjury in his claim that both his parents originated from Zambia, were born in this country when this is not so.

Rupiah became president on the basis of this when the Constitution does not allow anyone whose parents are not Zambians by birth or descent. This is a public matter and Rupiah will need to be prosecuted for this and if convicted sent to jail. This is not retribution or revenge. This is simply equality before the law or equal protection of the law.

We were taught that there was a constant struggle between good and evil, and evil had to be punished. We were taught that those who commit crimes and were responsible for injustice, evil would be punished in hell. Could that be interpreted as an expression of retribution, revenge or hatred?

When those who commit crimes are arrested and prosecuted, it isn't done for the sake of retribution or revenge. There is no sense in retribution or revenge. It is simply a matter of not allowing people to abuse the powerful positions they hold to commit crimes with impunity.

In all civilised societies, those who abuse the offices they hold to commit crime end up being prosecuted when they leave office. A celebrated former French president, Jacques Chirac, today is in court being prosecuted for corruption. The Egyptians are prosecuting their former president Hosni Mubarak for corruption and violations of human rights. Can this be interpreted as retribution?

When Levy Mwanawasa asked Parliament to remove Frederick Chiluba's immunity and have him prosecuted for corruption, it was not a matter of retribution. It was a matter of justice. Chiluba was found to have stolen public funds by the London High Court. However, here at home, Rupiah decided to corruptly free him from conviction through a politically procured acquittal. And for this, the magistrate who handled that case will have to answer.

And if any of his supervisors, including the Chief Justice, were involved in that issue, they will have to be arrested and prosecuted for corruption. The Director of Public Prosecutions withdrew an appeal, without justification, that was filed in court against Chiluba's acquittal. He too may have to face prosecution for corruption or abuse of office. This will not be retribution but justice.

If this is not done, Michael Sata may end up doing what Chiluba did. And he may also end up allowing Rupiah to get away with impunity the way Rupiah did with Chiluba.

We are lucky Michael has committed himself to a real transformation of our society, to change the course and direction of our country. His first pledge as President is to fully commit himself and his party not only to the rule of law but truly to a fresh start of transformation on a change which focuses attention on the systems, offices and institutions which have not effectively served the best interests of all our people. Michael has promised to banish injustice.

And he has clearly stated that it is not the wish nor the intention of the incoming government to victimise anyone but as indicated during their campaigns, they shall have zero tolerance on corruption and they will ensure full accountability of national resources. He described corruption as being morally unacceptable. This being the case, we expect Rupiah and his corrupt league to start looking for lawyers because soon corruption charges will be laid against them.

As for his case of perjury over the origins of his parents, there is no removal of immunity needed because he committed that crime before he became president. Rupiah should be arrested and prosecuted as soon as is practicable. If some of our ordinary citizens are in jail for obtaining a few kwachas by false pretences, why should Rupiah go scot-free with becoming president by false pretences?

Rupiah needs to begin recognising the scale of his problems. He led a corrupt government and he will not be allowed to get away with it. This is not retribution. What is being sought here is justice.

And borrowing from Vaclav Havel, we would say we lost morality in our politics and it's time for us to try in a new time and in a new way to bring back morality in our politics, in our public life, "let us teach ourselves and others that politics should be an expression of a desire to contribute to the happiness of the community rather than of a need to cheat or rape the community".

Again, this is not preaching retribution, it is about justice. It is not retribution to prosecute anyone who has committed a crime. If Rupiah, or any members of his league, committed crimes, they must be arrested and prosecuted for those crimes. This is not retribution.

Labels: 2011 ELECTIONS, RUPIAH BANDA

posted by MrK @ 4:34 PM