POWER MUST BE CAGED BY THE SYSTEM
It is a well-known fact that throughout history, those who administer or control the criminal justice system hold the power with the potential for abuse and tyranny.
The statutory powers to arrest and prosecute those who commit crimes should be reasonably exercised and in good faith.
By allowing people to be unjustifiably arrested, detained and prosecuted, those in power are sending a dangerous signal that the criminal justice system can used to persecute and fix opponents of the regime.
I think we are quickly drifting back to the dark days of the PF Friday afternoon arrests and detentions to fix political opponents.
The way Davies Chama was arrested and detained for days raised serious concerns and we expressed them. He was arrested and detained for attempted murder but ended up with a charge of assault.
We witnessed a similar handling of Stephen Kampyongo. And now there’s the case of Raphael Nakacinda.
Can’t these arrests be done in a better and more humane way?
Power must be caged by the system. There’s need to administer justice impartiality. Impartial law enforcement should be guaranteed by institutions.
We should apply institutions to every aspect of law enforcement as a wall wired with high-tension electricity line.
The only antidote to the culture of venality is the readiness of our criminal justice system to apply the laws fairly and equally.
In Freedom under the Law, Lord Denning wisely remarked, “All power corrupts. Total power corrupts absolutely. And the trouble about it is that an official who is the possessor of power often does not realise when he is abusing it.
Its influence is so insidious that he may believe that he is acting for the public good when, in truth, all he is doing is to assert his own brief authority. The Jack-in-office never realises that he is being a little tyrant.
” We should at all times uphold the rule of law, integrity of the criminal justice system and the right to a fair trial.
Fred M’membe