Gears initiative Executive Director Macdonald Chipenzi wrote;
DEBATE ON THE LIFTING OF FORMER PRESIDENT’S IMMUNITY IS VERY HEALTH IN A DEMOCRACY
The emerging debate on the need to lift former president Edgar CHAGWA Lungu’s IMMUNITY is a health debate in democracy where freedom of expression and opinion exist.
Zambia being a constitutional democracy, this means that the constitution is supreme and must be respected and applied at all times and by all.
If the constitution has the provision to remove a former head of state of his/her immunity over allegations spelled out in the constitution, there is nothing wrong for those asking for its enforcement and invocation.
There is also no wrong for the due process to be followed as prescribed by law.
Our considered view is that the immunity clause in the constitution must be done away with so that presidents conduct their presidential duties and functions with due diligence while in office.
The Immunity clause has led to some presidents in the past, present and future behaving carelessly and with impunity knowing that they are protected by law.
This undermines principle of accountability in the office of the Presidency and promotes impunity.
When a need comes to lift the the immunity, some people feel it is a waste of time, resources and vindicative on the former head of state yet this is a way of making that the former head of state to account for his/her stay in office.
No one is above the constitution and equality before the law does not choose whether one is former head of state or not.
So those calling for the lifting of former president EDGAR CHAGWA Lungu’s immunity are within the provision of the law unless it is changed.
But as long as it exists people are free to demand for accountability from their former leaders.
If the former president and serving MPs have nothing to hide, they should allow this process of lifting a former head of state to be respected by all and followed to the latter.
Otherwise the constitutional reforms must take into account reforming this clause to ensure leaders are accountable while in office than fighting suspected abuse and corruption in arrears
McDonald Chipenzi