ABOUT LAW ENFORCEMENT VS HARASSMENT: A CASE OF HON. CHISHIMBA KAMBWILI
By Sean Tembo – PeP President
1. For someone with-whom we suffered together under the hands of the previous PF regime, President Hakainde Hichilema is a huge disappointment when it comes to abuse of Police powers. In fact the abuse of prosecutorial powers that we saw under the PF regime is slowly beginning to pale in comparison to what we are seeing today. Whereas the PF were conscious to public criticism and would self-regulate sometimes, President Hakainde Hichilema appears to be too drunk with authority that he is unlikely to climb down his high horse anytime soon.
2. Indeed, as a former police officer, l can tell you that there is a distinct difference between law enforcement and harassment of citizens. What is happening to Hon. Chishimba Kambwili is very far from ordinary law enforcement. It is an act of State-sponsored terrorism against a bonafide citizen that is engineered by a President that has nothing tangible to offer to the masses of this nation other than to flex his presidential powers.
3. Chishimba Kambwili was charged with unlawful assembly, which is a misdemeanor under the penal code, and has the option of paying an admission of guilty fine of K54. So why send an entire contingent of armed Police Officers to break into Kambwili’s house as if he had committed a felony when it is only a misdemeanor? I know that in President Hakainde Hichilema’s shallow mind, simply because Police Officers had stormed his house when he was accused of treason during the PF regime, he is under the illusion that he can now send Police Officers to storm any Opposition Leader’s house.
4. Well, Mr. President sir, the amount of force used by the Police to apprehend a suspect is dependent upon the gravity of the alleged offence. For a misdemeanor like unlawful assembly or hate speech, just a Police Call Out will suffice, and there is no need of sending armed Police to storm the suspect’s house in the middle of the night. Such force is only necessary if the suspect is accused of committing a serious felony such as murder, aggravated robbery, treason etcetera.
5. I remember vividly that during the time when Mr. Hichilema was in opposition, he made the argument that police should have sent him a Call Out when he was accused of treason. Well, for serious felony offences such as murder, aggravated robbery, treason etcetera, the Police are in order to storm a suspect’s house in the middle of the night. Even myself, the day you accuse me of a serious felony, l will not complain if you storm my house.
6. But it is absolute nonsense for you Mr. President sir, to send Flying Squad Police Officers to apprehend Mr. Chilufya Tayali at his house in the middle of the night, and teargas his children and wife, over an alleged misdemeanor of hate speech which has an option of an admission of guilty fine of K54. Just like it was also absolute nonsense for you to send a contingent of armed Police Officers to storm Hon. Chishimba Kambwili’s house over the weekend, when he had clearly indicated that he will avail himself to the police on Monday.
7. Mr. President sir, it is high time that you surround yourself with competent advisors who will not make you appear like a tinpot dictator in the eyes of the international community. You may wish to be reminded that even this relationship that you appear to be enjoying with the Americans and other western nations may soon be compromised if you continue to abuse the authority of your office. If you have a lot of energy, please use that energy to improve the well-being of the Zambian people, and not to harass political opponents.
8. Mr. President sir, just like other Presidents before you, your time in office will come to an end at one point or the other. When that time comes, you and your family will need to live in this country as ordinary citizens. So let us not create an environment which will compel the regime that will come after you leave office to want to persecute you, and prevent you from enjoying your retirement. We are not saying that opposition leaders should be above the law, no. All that we are saying is for you to treat opposition leaders fairly whenever they are accused of breaking the law, so that you too may be treated fairly when your time comes. Otherwise the way you have been treating opposition leaders of late is total nonsense, Mr. President sir.
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SET 07.02.2023