NO ONE IS ABOVE THE LAW, THREATS AGAINST PRESIDENT HICHILEMA MUST BE INVESTIGATED AND IMMEDIATELY STOPPED

NO ONE IS ABOVE THE LAW, THREATS AGAINST PRESIDENT HICHILEMA MUST BE INVESTIGATED AND IMMEDIATELY STOPPED

By Tobbius Hamunkoyo

It is deeply disturbing that Zambia is witnessing political rhetoric involving alleged calls for the shooting or killing of a sitting Head of State. This must be condemned without reservation by all Zambians. The issue is not simply about protecting President Hakainde Hichilema as an individual alone NO, but protecting the Office of the President, national sovereignty, peace, security and constitutional order. Political criticism, protests, opposition and disagreement are legitimate in a democracy, but calling for the assassination of a President is not democracy.

We may wish to know that Article 60(3) of the Constitution prohibits political parties from engaging in or encouraging violence or intimidation, while the Penal Code, Chapter 87 of the Laws of Zambia, provides for offences relating to threats, incitement and unlawful violence to any individual. Freedom of expression under Article 20 cannot be a shield for genuine threats to kill the President or any other person.

Zambia’s political history shows that political competition does not have to become a battle for life and death. In 2001,the late Anderson Mazoka lost a closely contested Election to Levy Patrick Mwanawasa SC without UPND supporters calling for Mwanawasa’s assassination. In 2008, the late Michael Sata also lost to Rupiah Banda in a closely contested election without PF supporters resorting to calls for Banda’s assassination. In 2015 and 2016, Hakainde Hichilema lost a closely contested presidential elections to the late Edgar Chagwa Lungu, but neither Hichilema nor the UPND supportors called for Lungu’s assassination. Elections in Zambia have been disputed and political battles have continued, but the line against killing a President must never be crossed. Political anger does not give anyone a licence to call for murder especially for the head of state.

Other democracies also recognise that credible threats against a President cannot simply be dismissed as political speech No. Kenya criminalises threats to kill under its Penal Code, South Africa’s Intimidation Act addresses threats of killing, assault or injury, while 18 U.S.C. §871 in the United States makes it a federal offence to knowingly and wilfully threaten the life of the President. The principle is simple, democracy protects political expression, but the law draws a firm line when political speech becomes a genuine threat of violence.

Zambia must do the same. The police and competent authorities should urgently speed up and investigate these allegations, identify those involved and establish who made, encouraged, financed, coordinated or facilitated the threats and put to an end as soon as possible, our social media is not pleasing in any way with such calls, we are being a laughing stock, imagine you are a Zambian in Diaspora calling for violence in your own country, writing to kill your own president in your own country, is that being a true Patriot?

Every person against whom credible evidence establishes participation must be brought to book as soon as possible, regardless of political position, influence or connections. The investigation must also not stop with those physically present in Zambia. Where evidence establishes that Zambians outside the country participated in, encouraged, financed, coordinated or facilitated threats against the President, the authorities should quickly pursue lawful international cooperation to hold them accountable and bring this to an end. This must not be selective justice or political persecution; it must be a lawful, evidence-based process conducted in accordance with due process. No political party, individual or group should believe that political influence provides immunity from the law.

President Hakainde Hichilema will one day leave the Presidential office, just as, Dr Kenneth Kaunda, Fredrick Chiluba, Levy Patrick Mwanawasa SC, Rupiah Banda, Micheal Sata and Edgar Lungu did, but the Republic of Zambia will remain, the office of the President remains. Therefore, it is the Office of the President and the constitutional order that must be protected. Today it may be Hichilema, tomorrow it could be someone else. If assassination threats become normal political language, every future President and political leader could become a target.

The message must therefore be clear, condemn political violence, investigate every credible threat, prosecute those against whom sufficient evidence exists, and let the law take its course. The ballot must always be stronger than the bullet, and political disagreement must never become a licence to kill. No one is above the law, you breach the Law ,you answer to it and condemn unlawful killings.

The author is a Lawyer, Good Governance Advocate and Constitutional Commentator.