Maravi

Wynter and the rule of law

Wynter and the rule of law
Fri 14 Sep. 2012, 10:20 CAT

Wynter Kabimba, the Minister of Justice and secretary general of the ruling Patriotic Front, has assured the nation that they will not protect their party members who take the law into their own hands.

"We don't want anarchy in this country; we don't want disorder in this country. Anarchy is anarchy, whether it is perpetrated by the MMD or it is perpetrated by UPND or it is perpetrated by PF. I want to appeal to PF members that they must respect the law. Wielding a machete is not how to solve a problem.

The issue of whether or not UPND should hold a rally is a police issue. It is not a party issue. I want to appeal to PF members, if they are genuine PF members, they must respect what this party stands for. This party stands for orderliness; this party stands for peace and this is what we promised the Zambian people. That is why we said that you can't continue with MMD and William Banda because they are bad elements for this country.

That is why people voted for us. We can't do the same things that MMD was doing. So I am appealing and sending a strong warning to those cadres to stop that kind of character. If we find them, we shall deal with them as a party. If they get arrested by the police, they will go and languish in prison. The party will not protect them, so they must know this that they must not do illegal things under the name of the party because that is not what we stand for."

It is impossible to disagree with what Wynter is saying. This is a very sensible and principled position. This is the type of message we don't get from the other political parties. MMD never issued such messages when they were in power. And the leadership of UPND has never made such an appeal or warning to their unruly and violent cadres, members and supporters. This message from Wynter stands out and should set an example for all others who see politics as something without principles.

Anarchy is not good. Lawlessness does not provide security to anybody because it endangers everybody, including those involved in it.
Every lawless act leaves an incurable wound, like one left by a double-edged sword. If a person is insolent and arrogant, he may lose everything he has. If you refuse to accept correction, you are digging your own grave; and if you love this country, you will make a sincere change in your ways.

A group of people who have no respect for the law is like a pile of kindling; they will meet a fiery end. It is said that the road that violent, lawless people walk is smooth and paved, but it leads to the world of the dead.

No one is above the law. There is no different law for those in power, their cadres and supporters and for those in the opposition. There is only one law for everybody. And there is equality for everyone before that law. No one is above that law.

We used to see different standards of law enforcement for the cadres of MMD when their party was in power. They did whatever wrong they wanted to do and got away with it. There was impunity for them. And it is that impunity that allowed people like William Banda to behave in such a brutish manner. They behaved in that way because they were rewarded for it. Any leader who rewards brutish behaviour or violent conduct of his followers is a foolish one and he won't be around for too long. Rupiah Banda abated the violence of MMD cadres against his perceived or real enemies and rewarded it. Where is he today?
What we need is a peaceful society that is governed by the rule of law. And the rule of law entails the right to equality before the law, or equal protection of the law as it is often phrased. This is fundamental to any just and democratic society. Whether political ally of those in power or opponent - all are entitled to equal protection before the law.

But the democratic state cannot guarantee that life will treat everyone equally, and it has no responsibility to do so. However, under no circumstances should the state impose additional inequalities; it should be required to deal evenly and equally with all its people. And all citizens must submit to the law. When laws are established by the people who then have to obey them, both law and democracy are served.

We should continue to remind ourselves of Dr Kenneth Kaunda's teachings when it comes to the maintenance of law and order in our country: "Nothing would be more dangerous than to confuse men and women who are responsible for the maintenance of law and order in any country. UNIP members, therefore, apart from the fact that they are humanists, must remember that even for their own good, their fellow workers in the police force must be left to deal with the maintenance of law and order in the way they were trained…" (address to the UNIP national council, March 1969).

Of course, it is very difficult to maintain law and order in a country where judicial personnel is not operating independently from the politics of the day. We today have a judiciary bequeathed to us by the MMD, which is not seen by many of our people to be independent and capable of defending constitutionalism and guaranteeing the success of the democratic process. We have a judiciary that many of our people do not see as being capable of discharging its judicial obligations without fear or favour. There are many in the Patriotic Front who believe that there are many individuals on our bench who didn't want their party to win the last elections and who were shocked to see them win and are still very much loyal to elements of the previous regime. This is dangerous for the rule of law and something should be quickly done to remedy this position. This calls for urgent reforms of the Judiciary. We need a judiciary where everyone believes they will get justice from it. And even when the courts get things wrong, one is not inclined to read politics in it because courts do sometimes get things wrong. We need to remove mistrust in our law enforcement agencies and in our entire judicial process. And the tone being set by Wynter lays a good foundation for this. But it calls for the co-operation of all.

Labels: CORRUPTION, MMD, PF, WYNTER KABIMBA

posted by MrK @ 2:19 PM