NAKACINDA’S ARREST ON DEFAMATION OF THE PRESIDENT MAY BE GOOD FOR THE CHALLENGE OF THE CONTINIED EXISTENCE OF THE DEFAMATION LAWS IN ZAMBIA.
I have heard people demanding for the release of Nakacinda who is facing among other charges, the Defamation of President.
I don’t agree with those who want Nakacinda to be released without a charge or full trial on charge of defamation of the president, if it is the cause of his arrest.
However, he must be able to enjoy his right to a police bond or court bail then serve the full course of the trial.
This charge has been used before against critics of the President and may continue to be used in future if not challenged now.
The solution is not to condemn the complainants, arrest and or the arresting officers but the continued existing of this bad law and those who want to perpetuate the status quo by demanding the release of those who come into confrontation with this bad law.
This law is archaic and those that have fallen victim of it have just fought for their liberty and freedom and not for future of their brothers and sisters, in this case the Nakacindas.
Calling for the release of Pastor Nakacinda without trial is the start of lawlessness in any country and the support for the continued existing of this bad, draconian, archaic and colonial law.
The beginning to an end in the application and misapplication of such a bad law is not to Ignore the law but to amend it or repeal it all together and such arrests provide a good launch pad for such an action.
Law enforcement agencies must not be blamed for enforcing the existing laws whether good or bad whether they injure democracy or not.
We must condemn those who do not do anything to challenge these laws because waiting for the state to repeal such a law which benefits it at its own volition may be a nightmare.
This is why since colonial days, this law has been entertained onto our statute books yet society complains without taking action.
As democrats and human rights defenders, we must be weary of making existing bad laws redundant just because it injures society or democracy, no but must challenge their existence.
Police must apply it equally and then society should be able to see whether that law is necessary or not and call for its repeal and replacement if need be.
Defamation law is one of such laws which is not only old and archaic bad to exist in a democratic society which must be repealed forthwith.
Meanwhile, as it continues to exist in Zambia, it will be binding on all citizens and citizens must be law abiding or break the law and challenge its constitutionality in court.
This is what we did with section 57 of the Penal Code on publication of false news with intent to cause public fear and alarm.
For me, therefore, I would encourage Mr Nakacinda to use his arrest based on the defamation of the president law to challenge the continued existence of this law in court than pleading for being released or leniency.
This is an opportunity for Zambia through Mr Nakacinda’s arrest and if it is the charge he was going to be slapped with, to challenge the defamation law and Nakacinda may be our saviour not a victim of this law.
Let us all unite in systematically do away with bad laws which successive governments have failed to repeal and replace.
Let us desist from condemning the law enforcement agencies who are helping us open our eyes to see the bad laws which require repeal since themselves can’t have that mandate to change but to enforce bad or good law.
I submit
McDonald Chipenzi