A Letter to the Judiciary-8 Down and you to go- Amb. Emmanuel Mwamba

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A Letter to the Judiciary-8 Down and you to go

By Amb. Emmanuel Mwamba

When he removed the Director of Public Prosecutions (DPP), Lillian Fulata Shawa Siyuni, with impunity and without due regard to the law and the process, it didn’t appear to you as an assault to the Constitution.

Even when she sought Justice through you, you were the first to deny her fairness and you without shame, abandoned the role you play, of a bastion of Justice an institution that restores sanity. You helped the executioner inflict prejudice, harrasment, humiliation and finally helped deliver injustice.

When he removed, without regard to due process, Judge Sunday Nkonde and Judge Joshua Banda, some of you thought their unfortunate fate was deserved.

He quickly moved to remove David Simusamba as Registrar of the High Court, it appeared justified punishment deserving no note of attention.

When he hunted Judge Wilfred Kopa Muma, and drove him to the verge of purported suicide or was the case of assasinition, it appeared to you as mere confusion arising from the past. Yet he was vetted before appointment.

When he turned his guns to Judge Timothy Katenekwa, who was marching to full retirement in 3months time, humiliated him with old cases and pushed him out of the Judiciary, penniless, it appeared to you, the circumstances were rather unfortunate.

Then he came, in a brutal way, as usual in an unconstitutional manner, riding a crest of horned and utter lawlessness, came for; Hon. Mrs. Justice Alice Mipunga Ntambo Sitali, Judge Mugeni Siwale-Mulenga, and Justice Palan Mulonda.

These complaints against the Constitutional Court Judges, has been throughly settled by the Judicial Complaints Commission (JCC) when Peter Sinkamba, Douglas Siakalima and 7 others raised the complaints against them.

But one of you, probably facilitating and driving a dangerous partisan agenda, and seeking quick selfish favours in return, has re-opened what was closed, re-opening past emotional pain and unbriddled anger.

It finally must have dawned on all you; Magistrates, Judges and Justices, that like everybody else, no one is safe from the monstrosity and tyranny of a pitiless executioner.

What he is doing to you, he has done to others. Professionals in public institutions and constitional offices have been humiliated and hounded out of offices and positions. Purging them without conscious or reason, retiring them in so-called national interest, sending them home for years without rile, cause or determination.

Is it too late?

Martin Niemöller, a prominent Lutheran pastor in Germany and an outspoken critic of Hitler’s interference in the Protestant Church, wrote;

“First they came for the Communists
And I did not speak out
Because I was not a Communist”

“Then they came for the Socialists
And I did not speak out
Because I was not a Socialist”

“Then they came for the trade unionists
And I did not speak out
Because I was not a trade unionist”

“Then they came for the Jews
And I did not speak out
Because I was not a Jew
Then they came for me
And there was no one left to speak out for me”

The Judiciary plays a vital role in maintaining Democracy, adhering to the Constitution and the Rule of Law, holding national unity, sanity and peace, by ensuring that, just like the rest of us, the government follows the law.

The Judiciary is the dispenser of Justice, protector of the rights of the people, and the Guardian Protector of the Constitution of the State.

President Hakainde Hichilema is turning an already dysfunctional and corrupt Judiciary, as highlighted by Chief Justice, Mumba Malila SC, an institution begging for urgent reforms, to a non-functional and dangerous wing of the State.

If the entire legal apparatus collapses, and you allow the rule of law to disintegrate, this will lead the country to slip into more dangerous political tensions, tyrany, dictatorship and we risk losing our cherished Peace.

We must remember that tables turn and do turn quickly. When the tables turn one day, do you wish what has happened to your colleagues to happen to you?

Some of you maybe strong and powerful today but may not be so tomorrow. No matter how tall or elevated you are, you can not see tomorrow.

This was the letter to the Judiciary to help save and restore Democracy and the Rule of Law in Zambia.

7 COMMENTS

  1. when lungu removed mutembo nchito from office u smiled and u praised the judiciary, when lungu threatened judges during the presidential petition u smiled, when lungu didn’t handover power to the speaker during the presidential petition, u praised the judiciary , ministers stayed in office after the dissolution of parliament u smiled, Emmanuel mwamba ur useless.to the core

  2. And this is a guy who was a seminarian in the Catholic Church. Do you wonder then why Bishop Alick Banda was begging for cars and got tainted ones.

  3. To Mwamba the abnormal things that were happening under PF are normal. What type of characters are these who see white as black and black as white? They were not even supposed to be anywhere near power. Get it Mr Mwamba, Zambia is now becoming a normal state. The President is doing a fantastic job.

  4. All the people you have mentioned were not members of the judiciary but cadres who helped PF benefit in one way or other through bias and favoritism. They all deserve to go. Better you give them positions in your party as reward for what they did for you while in office.

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