CON-COURT ELIGIBILITY JUDGEMENT INSTIGATED BY SELFISH MOTIVES NOT A WANT FOR JUSTICE:
By Rev Chilekwa Mulenga
Thursday 12th Dec, 2024
The LORD told Samuel, “Don’t look at his appearance or his height, for I’ve rejected him. Truly, God does not see what man sees, for man looks at the outward appearance, but the LORD sees the heart.” 1 Sam 16:7.
Motive is the driving force behind an action, while reason is an explanation for that action. Motives are often based on desires, while reasons are often based on facts. It may seem that the desire in the eligibility case was to block a political opponent while the facts presented before the Con-Court were the reasons for the petition. God sees beyond the reason advanced and establishes the motive for the action.
It is apparent there was a hidden hand orchestrating the elimination of someone who many looked to as an option to the current. A real threat to the re-election chances of the incumbent. Question was how to go about it without causing upheaval locally and disapproving scrutiny abroad. Hence, the reopening of the eligibility case that the Con-Court had previously adjudicated more than three times in favour of the former President via a close associate of the sitting President.
Their main reason behind the re- opening of the prior adjudged legibility issue was to secure a judgement favourable to themselves. A judgement that would bar their perceived threat from ever contesting let alone pose a challenge to their quest for power once and for by a mere strike of the gavel.
Speaking in retrospect one can see how the chess pieces were moved.
Give a ruling that would equate less than three years as a full term notwithstanding that the constitution states that a term is considered from 3 to 5 years.
Having taken that route they would further rule that the former President had been sworn in twice and has had the privilege of serving his 2 full terms thus rendering him ineligible for future elections. The motive with the benefit of hindsight was to benefit one individual while excluding another son of the soil no matter the justification in legal verbiage. It is now as clear as the sky that the motive was not the quest for justice but to clear a political path for someone.
While we respect the judgement of the Con-Court, it must be said that when we weigh the motive behind this judgement in the light of so many preceding events and the here after those who took the matter before it was to eliminate an opponent from standing in 2026 damn the consequences.
However, let it be known that God’s justice system does not look at the reasons advanced by a petitioner but the motive for the petition. The eligibility case might have been sponsored and the Con-Court could have been pressured to depart it’s earlier decision even at the expense of unwittingly admitting incompetence in their erstwhile judgements in the same matter.
The motive was and is to block their opponent, they talked about it, the opportunity came up and they did it. Refer to the President asking ” Bushe akekala pesa, ine nalikala kale.” How about His Excellency’s advocacy to use imingalato? Ukupitila kunuma no kumwikata pamukoshi! What does that amount to?
One can safely hazard a guess that it was not so much about the law as it was about using the law to achieve a not so moral end goal. We say so because the Court had difficulties in stating that the respondent was not eligible to stand in 2021 having served twice in office for fear of nullifying the 2021 elections. How could the Con-Court declare that the respondent was eligible in 2021 but not eligible in 2026?
Tell us, should not the law fit into what makes up for common sense?
How we pray that the levels of energy proponents in the eligibility case channelled on the matter could be directed at reducing the cost of living to benefit the Zambians. The living standards for most of our citizens would have improved and reduced and essential commodity prices such as those of mealie meal become affordable.
It’s sad that we can today have people to lead this Nation whose energies are being discharged on fighting political opponents at the expense of fulfilling their campaign promises of improving the economy.
It’s very sad that the same Con-Court that was ignorant of the law yesterday has today become Knowledgeable of the law. The Con-Court is now being perceived to be a political tool for who holds the highest office in the land and a danger to democracy. The separation of powers in this Country is simply an illusion and dependant on who is President at any given time. The apparent double standards shown by the Con-Court is extremely disappointing and lowers the confidence people have in the Judiciary. This may not bode well for the welfare of our beloved Nation, if those at the helm of justice, the arbiters seem to be biased.
The judgement of the Con-Court unfortunately will not lower the cost of living, loadshedding and corruption. The judgement rendered goes to benefit only a few while the masses remain helpless under a grinding economy. Eliminating the respondent in the eligibility case does not eliminate him from the political arena. He remains playing both as a King and King maker; a formidable political factor who has gained more sympathy support and will participate in the next Presidential electoral process with much force.
The biggest opposition in Zambia today is the people who are asking leaders to fulfill their promises or be deemed liars who cheated their way into office.
Declaring the former President ineligible for future elections may be expedient to his political rivals but does a disservice to the Nation as it robs the Country of a worthy political competitor who can keep the sitting President on his toes to perform or be shown the exit. Competition must be the name of the game to further raise the bar in terms of leadership.
We call upon citizens to keep praying for Zambia, maintain peace and work hard to emancipate this Country from hate and politics of opportunism, rancour and bitterness.
We encourage Zambians to keep fighting for a better Zambia. Zambia shall be saved.
“Have I therefore become your enemy by speaking the truth to you? They are zealous for you in the wrong way; indeed, they wish to shut you out, so that you will be zealous about them” Galatians 4:16-17.
Ndola, Copperbelt, Zambia.
END///