ZAMBIA IS AT THE EDGE OF BREAK
By Chishala Chilufya (Political and Social Analyst)
Since 1964 Zambians have never doubted the judicial system of this country even during the one party state under UNIP government the judicial system remained intact and independent.
The late President Dr Kenneth Kaunda’s son Kambarange Mpundu Kaunda was sentenced to death by hanging in 1989 by high court judge Clever Musu inmali.
This shows that despite Dr Kenneth Kaunda being the sitting President in a one party state, the judicial system was so strong and independent despite this judgement there was no interference not even the judge was under threat because Dr Kaunda knew that the judiciary is the pillar and anchor of the Governance system.
Today for the first time in this country the Zambian people have started to doubt and lose confidence in the judicial system because of heavy interference by the UPND Government.
When judges pass a judgement they are being subjected to the JCC which is the Judicial Complaints Commission.
Judges starting from the Local Court ,Magistrate Court,High Court, Supreme Court and Constitutional Court are divided into ethnic and regional groups because of the current Government.
When the judicial system has collapsed nothing is going to hold and guarantee any citizen or investor in the country, it becomes a failed or banana state.
Zambians should rise and defend this country they should not analyze the happenings in the judicial system through the lenses of political party affiliation. We had Presidents in the past who governed this country and they have gone even President Hakainde Hichilema and Mr Edgar Chagwa Lungu will also go while Zambia shall remain.
All the 20 million Zambians are shareholders of this country.
All the 73 ethnics groupings are share holders of this country. All the 10 provinces are shareholders of this country.
Everyone who is being called a civil servant including the President are employed by the Zambian people.
Whatever they want to implement should be in the interest of the Zambian people and should be agreed upon by the whole as a nation. No single grouping or region should become very important.
Let me talk about the eligibility case of former President Edgar Lungu which is in the constitutional court.
In this country by law, the constitutional court was established to interpret the constitution and the law of this country.
The eligibility case has been in the constitutional court for over 5 times and in the last 4 hearings the concourt has passed that President Lungu was eligible to contest the 2021 general elections, which President Hakainde Hichilema emerged as the winner.
Today the country is being taken back to the same issue which has been ruled upon more than 4 times in the highest court of the land.
Today anyone can ask if we respect and trust our judicial system or there is a political agenda to fix one individual?
The countries which have developed respect and trust their judicial system hence it gives confidence to the investors in those countries, what is happening in our country no serious investor can come and invest in a country where the judicial system has been compromised, undermined and disrespected.
What is happening in our judicial system is about fixing certain individuals, ethnic groupings, regions or a political party, it has huge repercussions on how the country is going to move forward.
Every meaningful Zambian should condemn what is happening in our judicial system.
The eligibility case has a very big repercussion to the peace and stability of this country. First of all this case was not supposed to be discussed.
It’s against the law because the highest court of this land had already passed a verdict which is the law now that President Lungu was eligible and according to the law no one was supposed to question the judgement by the concourt.
Now because we have got a new Zambia which law does not exist even the case which was dealt with 10 years ago can see the life in the court today, that is what we are seeing in the eligibility case the law is not respected by the people who swear to protect and defend the constitution.
Today if the concourt tells the Zambian people that President Lungu was not eligible to contest 2021 elections then immediately Zambia should hold Presidential By- elections within the stipulated period according to article 52 of the constitution of Zambia.
UPND and President Hakainde Hichilema should not think that when the concourt pronouncement that President Lungu was not eligible to contest 2021 General elections then President Hakainde Hichilema will remain as President no.
when people are pushing unlawful things they should understand the repercussions just as the courts has nullified the seat of the member of Parliament we do hold By-elections in Zambia there is no law which says when the seat has been nullified the one who came number two will be the winner no, both of you will be subjected to an elections.
UPND and Mr Hakainde Hichilema should understand that any pronouncement by the concourt we are going for Presidential By-elections which means the 2021 status quo should be retained and presidential By-elections should be held. Someone cannot understand why UPND are pushing for something that is going to have very heavy repercussions on them. The case in the con-court is a double edged sword.
The eligibility case in the Concourt has potential to disturb the peace and the stability of this country. I want to remind my brothers and sisters that peace is very expensive.
There’s nothing that is going to happen babaaa in the great name of the Most High God. We belive in the Lord Jesus Christ that we are safe in this our Christian Nation.
But one thing for sure is that, in the reference case; for it to be brought back again and several times to the same court that means people were not satisfied with the outcomes. We have the constitution, we know what it says especially on the one in the swearing of someone who have held twice the presidency or who have held this office on the electral wins and sworn in twice he is not supppsed to be sworn in the third time. No because that will now fall into the third term category which is not or nowhere allowed in our current Constitution. This is the truth and tthe fact. We have also read so no need to be clever fool here. NO bwana.
You can talk of the term and whatever but this one no compromise. PERIOD!
Nothimg will arise from here if someone is sidelined. Zerooo.
Let those who mismanaged the affairs of this nation not be near the righteous room of the real Zambia. Snakes to remain where other snakes are.
What is so spesho about Lungu and his eligibility case that Zambians should lose sleep over it? NOTHING. A career kilimino wants to come and sweep his criminal activities under the carpet.
What does Lungu have to offer Zambians that is so critical for our survival that no one else except Lungu can deliver??? BUKABOLALA, nothing else.
2 terms is 2 terms. Even after you have bribed members of the Constitutional Court.
If Truly you knew that ECL being declared ineligible for 2021 was cause a crisis you would have kept quiet because PF love crises to benefit from, but because you know it wont go anywhere you are trying now to fight hoping ECL can get a lifeline by threatening something yet to happen. IF ECL is declared not eligible for 2021 the implication will be squarely on him. The constitution does not say if one is found guilty the the whole thing need to be done.
Pfidiot which Zambia on which edge? Bakawalala sort yourselves out with your pompwe lungu. Ati judiciary divided on region tribe nfyo nfyo when how many of the judges were appointed in the last three years? Think before talking!!!
You people why can’t you just debate without losing it??
Ba Chilufya please. Where were you when Mr. Lungu was threatening the judiciary not to go the Kenya way? Where were you when PF cadres camped next to the Supreme Court grounds with cooler boxes of beer to pressure the court to rule in their favour during the presidential petition in 2016?
The judiciary lost credibility during the reign of Mr. Lungu. In case you are not aware, one late judge was threatened by one of Mr. Lungu’s special assistants and sheepishly claimed that he was suffering from malaria when he made the ruling.
How about that PF cadre magistrate Simusamba(?). Then there was the DPP, Mrs. Siyuni, who made nolle prosequi a tool of extra judicial punishment. So many people were detained only for the cadre DPP to enter her infamous nolle. Mwaliteta, Mucheleka and even the current president suffered this fate.
Maybe Mr. Chilufya is a staunch PF supporter and therefore could not see all these serious flaws in the judiciary during Mr. Lungu’s reign. The credibility of the judiciary reached rock bottom during PF rule. PF simply ignored the courts. The Tax Tribunal ruled that the government return The Post Newspaper properties but the PF government ignored the ruling and instead went ahead to liquidate the company. The damage will take a long time to repair.
Ka chishala chilufya is a known pf cadre who benefitted heavily from Lungu and has now felt the music that upnd members have been undergoing for many years. I hope he continues feeling what others felt for so long. Natural justice is good indeed.