PRESIDENT HICHILEMA DOES NOT ARREST INDIVIDUALS – CAN’T RELEASE JJ BANDA

PRESIDENT HICHILEMA DOES NOT ARREST INDIVIDUALS – CAN’T RELEASE JJ BANDA

Astro Television Editorial
3rd August 2024

WE take note of the Golden Party President’s call for His Excellency, Mr. Hakainde Hichilema, to release Petauke Central Member of Parliament, Mr. Emmanuel Jay Jay Banda, from custody where he is being held on various charges.

GPZ has implored the President to release Mr. Banda on Humanitarian grounds and also suggests that the cases he is being held on are null and void having been delt with by the courts of law before.

“It is not worth it anymore to continue holding the Petauke Central Member of Parliament in detention when the court disposed off the matter,” read the statement.

But we find this plea to be ambiguous, awkward and out of order because, as an opposition party, the GPZ was supposed to be seen to push the President of the Republic to uphold the entire law and not to be pushed to break the law.

Just recently, propaganda went out that Mr. Hichilema intended to extend the term of office of a President from 5 to 7 years, until the President refuted these claims himself, the opposition were up in arms against this agenda calling on the Head of State to uphold the law and not mutilate the very law he swore to protect. The same measure of protest when it comes to breaking the law by a sitting president should be applied if he orders the release of JJ Banda.

Why would it be so?

If a President ordered the police to release a detainee, it could be considered an abuse of authority in several ways:

1. Separation of Powers: The President might be overstepping their executive authority by interfering with the judicial process or law enforcement’s independent decisions.
2. Obstruction of Justice: Releasing a detainee without due process or a court order could be seen as obstructing justice or interfering with the legal process.
3. Favoritism or Bias: If the President releases a detainee for personal or political reasons, it could be viewed as favoritism or bias, rather than upholding the law impartially.
4. Undermining the Rule of Law: By bypassing established legal procedures, the President might be undermining the rule of law and the principles of equal justice.

These actions could potentially violate various laws, regulations, or constitutional principles.

The only time the President can release a detainee is when all the processes have been exhausted, and the detainee sentenced to a jail term. At this point, using his prerogative of mercy powers provided for by the Constitution, the President can proceed to order the release of such a person and this is entirely at his own discretion. Humanitarian grounds can be sought after at this point.

We are cognizant of the fact that Mr. Banda is unwell and needs medical attention, however, how many prisoners and detainees is the President going to “release” if he releases all that need medical attention? Or rather, how are other detainees treated when they need medical attention?

Demanding for the release of Mr. Banda purely because he is unwell amounts to favoritism and bias against many poor Zambians that languish in the Prisons without voices like the GPZ President having to speak for them. It sets Mr. Banda above the many others and dwindles down to “animal farm” principles, “We are all equal but others are more equal than others…”

The energies of the GPZ should be directed to the detaining authorities, the Police, and also implore the Courts to expeditiously handle the matter.

May the opposition not be seen to push the President to break the law when it suits them. The rule of law must be upheld even when it’s not in our favor.