Maravi

‘Please don't send me to jail; I'm too old to go to jail'

COMMENT - The gall to say - don't send me to prison because I'm the president. What on earth were they thinking when they took power? That this was their time to loot? Did they give any consideration to not putting Michael Sata, George Mpombo or Chansa Kabwela in prison on thin charges, for things that were barely illegal, like a bounced check or 'distributing pornography' that wasn't even pornography?

‘Please don't send me to jail; I'm too old to go to jail'
By The Post
Tue 21 Feb. 2012, 12:00 CAT

WE are not surprised that Rupiah Banda is asking Michael Sata not to send him to jail but instead forgive him over allegations of corruption. This is what Rupiah himself did to Frederick Chiluba. Clearly, he did not do it for Chiluba, he did it for himself. He set a precedent that was aimed at benefiting himself.

Rupiah's concern was not whether Chiluba had stolen or was innocent. It was about Chiluba going to jail. He openly declared that it would be very sad for him for Chiluba to go to jail. To Rupiah, someone who has occupied the office of president should not be sent to jail for any crime.

Rupiah is a selfish man who only thinks about himself and his family. He claims he is too old to go to prison and that already his family was stressed with corruption investigations and would suffer if he was jailed. Is Rupiah telling us that all these people we have jailed have no families, were not bread earners and their families are not suffering? Is Rupiah telling us that he and his family are more human than all these other people who are languishing in our jails?

Rupiah says Michael is his brother and they have come a long way. Is this all it should take to commit a crime and get away with it? What about the rule of law? What about equality before the law which requires the state to deal evenly and equally with its people? We think Michael gave him the right answer: "It's up to the Zambian people to make that decision."

But Rupiah is a very strange old man. We say this because when Michael used to remind or warn him about the consequences of such abuses, Rupiah used to respond arrogantly: "Nindalama zako?" And today Rupiah is asking the same Michael to do something about the money that was not his.

The truth is Michael has a duty to the Zambian people that takes precedent over obligations to his brother, his friend Rupiah. Unlike Rupiah who put his friendship, his commitments to Chiluba above those of the people he was elected to serve, Michael seems to know what comes first, what is primary and what comes last, what is secondary.

In these circumstances, the best Michael can do for his brother Rupiah is simply to ensure that he receives a fair trial and the due process of the law is followed in the removal of his presidential immunity and in his trial, conviction and jailing. And he should ask his brother Michael to pay him visits on visiting days and bring him his favourite game meat.

That's all Michael should do for his brother Rupiah. Trying to free Rupiah the way he himself freed Chiluba from going to jail would be an abuse for which Michael himself should later be prosecuted and sent to jail.

We are glad Michael is doing the right thing - he is leaving it to the Zambian people to decide. And this means leaving it to the legitimate institutions of the state, of the people to decide. This is what is happening - state institutions, institutions of the people are dealing with this matter in the most judicious way. This is what the rule of law entails - the right to equality before the law or equal protection of the law.

Whether rich or poor, political ally, relative or friend of the president - all must be entitled to equal protection before the law. And under no circumstances should the state impose additional inequalities; it should be required to deal evenly and equally with its people.

No one is above the law, which is, after all, the creation of the people, not something imposed upon them. When laws are established by the people who then have to obey them, both law and good governance are served. Rupiah doesn't seem to understand and believe in this.

To him, power is there to be abused. Only the enemies of those in power, and not their friends and relatives, should go to jail. We all know how Rupiah manipulated our Judiciary to let Chiluba go scot-free and keep his loot. And he wants that to continue and be extended to himself.

The Zambian people did not accept that and will not accept it this time. If anything, Rupiah and those who collaborated or connived with him to abuse our judicial process, to manipulate our courts of law and free Chiluba from going to jail and allow him to keep the proceeds of his corruption should be made to account for their crimes.

And this includes Jones Chinyama, the magistrate who acquitted Chiluba under a scheme that was clearly mooted by Rupiah. It should also include judge Evans Hamaundu who clearly abused his office as High Court judge to meet the desires of Rupiah and allow Chiluba to keep his loot.

Chalwe Mchenga, then Director of Public Prosecutions and now a High Court judge, who in connivance with Rupiah and others withdrew a legitimate appeal against Rupiah's acquittal to fulfil his part in a criminal scheme. And indeed Chief Justice Ernest Sakala should explain his role in all this or what he knows about it.

Rupiah shouldn't think simply because he got away with such abuses of our judicial process, then Michael can do the same and get away with it. We are glad that Michael knows what can be done and what can't be done and how best to respect the people, their institutions and what belongs to them.

If Rupiah seriously wants to be forgiven, he should fulfil the prerequisites of what needs to be done before he seeks forgiveness. The first step in seeking forgiveness is contrition, is being sorry for what one has done. When Chiluba was seeking forgiveness from Levy Mwanawasa, Levy told him to first return what he had stolen from the people of Zambia, or part of it, and then they could talk.

What Rupiah should do is to first return what he has stolen from the people of Zambia and then seek their forgiveness. Trying to patronise Michael - calling him a brother, a friend, someone they have come a long way with - will not do. The money he and his children stole from the Zambian people is not Michael's money - it is people's money.

And the people they have stolen from are suffering - some have even died from lack of proper medical care and indeed from poverty and other deprivations. Rupiah and his sons were not bothered by this. What bothered them was what went into their pockets and bank accounts and the property they were acquiring and constructing everywhere.

They had no mercy on anyone; everyone was at their mercy. They never realised that life is like a big wheel: the one who is at the top today, tomorrow is at the bottom. They never realised that the exercise of power must be the constant practice of self-limitation and modesty.

We can only say let the law take its course; give them a fair trial and send them to jail if found guilty.

Labels: FREDERICK CHILUBA, MICHAEL SATA, PRISONS, RUPIAH BANDA

posted by MrK @ 5:22 PM