Friday, December 30, 2011

TIZ calls on Judiciary to redeem itself in 2012

TIZ calls on Judiciary to redeem itself in 2012
By Ernest Chanda
Fri 30 Dec. 2011, 13:59 CAT

TRANSPARENCY International Zambia (TIZ) has called on the Judiciary to redeem itself in 2012 following some questionable judgments it has passed this year. Reflecting on 2011, TIZ president Reuben Lifuka said the institution could still do its best to insulate itself from political interference.

"What stands out is the judgment passed in the Tedworth properties case. Unfortunately the verdict of the court left more questions than answers. While we all appreciate the difficulties that the judiciary is going through, we strongly believe that the judiciary needs to redeem itself in 2012 and re-assume its position as impartial arbiters. It is necessary for the judiciary to do all it can to insulate itself from political interference," he said in an interview yesterday.

Lifuka, however, commended some judges for passing unquestionable judgments in certain cases in public interest.

He said such judgments gave hope that there was room for improvement in the judiciary next year.

"Although it is important to also point out that some judgments were very welcome - for instance we continue to commend judges Patrick Matibini and Nigel Mutuna for upholding the four-year jail sentence slapped on Mr Anuj Kumar Rathi - Seymon Holdings for cases of gratification involving the former Zambia National Service commandant. It is gratifying that judges Matibini, Mutuna and Sunkutu stood up for the law against serious challenges including the fact the accused had been patronising with the powers that be," Lifuka said.

"We all remember very well the generous financial pledge that Mr. Rathi made to the ruling party. These judges prevailed where lesser judges, knowing fully well the political connections of the accused, would have caved in."

And Lifuka said this year would go in history as one where the power of the masses outweighed the ruling party.

He said the people spoke eloquently through the ballot, demonstrating that people should not be taken for granted.

"The former ruling MMD had certainly become complacent and perfected the art of arrogant politics but the voters successfully managed to send an important signal to elected leaders - that they are mere servants of the people and not their masters. The people equally demonstrated that bribery, vote buying and other illegal means of campaigning, cannot sway them from doing the right thing," he said.

Lifuka said it did not come as a surprise that the MMD ran an unprecedented extravagant election campaigns which were tasteless in magnitude and simply insensitive to the suffering of the people.

Lifuka observed that the coming into office of President Michael Sata had brought a renewed sense of hope in the fight against corruption.

"We note with gratitude that he has made all the right political pronouncements but we wish to state quite categorically that it is not the eloquence of the political rhetoric that will win the fight against corruption. We would like the President and his Cabinet to put in place pragmatic actions to deal with this scourge. The fight against corruption needs to be re-engineered and re-energised. We need a bolder and strong vision and we need committed and consistent political leadership," said Lifuka.

"President Sata should not delude himself to believe that some forms of corruption are more important than the others - all forms of corruption should be fought with the same zeal and commitment. He has to be consistent in his words and actions. We are disappointed with some of the actions of the new PF government especially in terms of some of the appointments made. We strongly believe that President Sata could have done better due diligence and consultations before proceeding with some of his political appointments."

Lifukwa expressed concern that traits of political patronage, cronyism and nepotism were still evident even in the new administration.

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