LAW MUST START AT THE SOURCE, NOT AT THE CHURCH.

LAW MUST START AT THE SOURCE, NOT AT THE CHURCH.

A Pastoral Reflection on the ZRA Vehicle Investigation!

Fellow Zambians,

We have now read the joint statement from the Police and DEC. We thank them for their professionalism and for stating clearly that no finding of guilt has been made.

We agree, let DEC do its work. But as Zambians, let us humbly ask DEC to do its work in the right order. This is where law needs wisdom.

1. If a Government vehicle is missing, first ask Government how it went missing. With respect, if ZRA property is missing, the first question should not be to the receiver. It should be to the owner.

How did a ZRA vehicle leave ZRA? Who signed? Who authorized disposal? Who changed logbook? Who handed over keys?

Archbishop Alick Banda did not go to ZRA to collect a vehicle. He did not break into a ZRA yard. A vehicle was brought to the Church as a donation.

In our Zambian culture, when a gift is brought to the Church, the Church receives it in good faith and prays for the giver. The Church does not first take it to Interpol.

If the gift is later found to be tainted, investigate the hand that gave what was not his to give.

2. The traffic officer example could be used here. Some have said, If you are caught over-speeding, you cannot say others were also over-speeding.

We agree. But this case is different.
In over-speeding, you are the one who was speeding. In this case, the Archbishop is not the one who drove a Government vehicle out of Government. Someone else did.

So why start with the Archbishop who received, and not with the officer who released what was not his to release?

Law must first catch the thief before it questions the house where the stolen item was gifted.

3. You cannot report what you do not know. We are told: “If you know of other Government vehicles donated, report them.”

But that is the point, the receiver does not know the origin. If the Church did not know, how could it report? You cannot report what you did not know was stolen.

Under Section 319 of our Penal Code, possession of property reasonably suspected to be stolen, the key word is knowledge. Did the receiver know it was stolen? If there was no knowledge, there is no offence. Innocent receiving is not a crime.

Let the law first establish that theft happened at ZRA. Then establish who did it. Then we can ask where the vehicle ended up.

Our Position Is Simple And Lawful:

We are not against investigation. We are for the right order of investigation.

If there are 22 ZRA vehicles missing as DEC says, we fully support DEC to find all 22. Let DEC publish who authorized disposal of all 22.

If this specific vehicle, ALF 7734, is found to be private property, let His Grace be cleared with a public apology and with dignity.

If it is found to be Government property, let the giver be punished with speed, and let the receiver, who received in innocence, be treated with understanding and dignity. That is what One Zambia, One Nation means. Law with dignity.

We call upon all Catholics and all Christians to be peaceful on Monday. Go to Mass at 08:00. Pray. Let His Grace go to DEC at 10:00 with his lawyers only, as Police have guided. Let us avoid inflammatory language and unlawful gatherings.

We stand for law. We stand for dignity. Zambia needs both.

Rev. Peter K. Nsama.