EDITOR’S CHOICE: Zambia Police Cannot Cherry-Pick Justice: Chabinga Must Be Investigated
By Thandiwe Ketis Ngoma
The Zambia Police Service’s refusal to act on a hate speech complaint filed by Kabwe resident Teddy Nkunka against expelled Patriotic Front (PF) Mafinga MP Robert Chabinga is not only deeply troubling; it is a stark indictment of the erosion of law enforcement integrity in Zambia. The rationale provided by the police, that only the affected diplomats or their families can lodge a valid complaint, is legally baseless, morally indefensible, and politically suspect.
1. Hate Speech Is a Crime Against Society, Not Just the Victim
Hate speech is not a private grievance. It is an assault on the very fabric of our multi-ethnic, democratic society. When public figures make inflammatory statements that incite hostility or discrimination, they endanger public peace and national unity. The law does not require that only those directly targeted must complain for action to be taken. Any citizen has the right and responsibility to report such conduct.
The Zambia Police Service has a constitutional and statutory duty to investigate hate speech wherever credible evidence exists, regardless of the complainant’s identity. Failure to do so is not just negligence; it is complicity.
2. Zambia’s Laws Demand Action, Not Excuses
Zambia’s Penal Code and Constitution contain clear, unambiguous provisions criminalizing conduct that promotes tribalism, racial hatred, or discrimination. These laws were crafted to protect the public and preserve peace, not to shield political actors from accountability.
Nowhere in our legal framework is it stated that police action depends on the social or diplomatic status of the complainant. The police’s job is to investigate crimes, not to determine who has the right to demand justice. To suggest otherwise is to dangerously misrepresent the law and undermine its equal application.
3. Misuse of Diplomatic Immunity Arguments
The invocation of diplomatic protection in this case is a red herring. While diplomats enjoy certain immunities under international law, such as the Vienna Convention on Diplomatic Relations, those laws do not and cannot be used to block domestic investigations into hate speech that affects national peace and security.
If anything, inflammatory remarks targeting foreign nationals demand even more urgent attention due to the potential for diplomatic fallout and public unrest. The police’s failure to act not only undermines domestic law but also risks damaging Zambia’s international reputation.
4. A Dangerous Precedent That Encourages Lawlessness
What message does it send when hate speech goes unchallenged simply because the complainant is not the immediate victim? It signals to politicians and their surrogates that they are above the law and that inciting division is politically acceptable if one enjoys protection from those in power.
This is a gateway to lawlessness. Selective enforcement of the law corrodes public trust, encourages impunity, and weakens democracy. The police must not become a tool for protecting the politically connected while turning a blind eye to offenses that threaten national cohesion.
5. The Police Are Fast Losing Public Confidence
The behavior of the Zambia Police Service in this matter has only confirmed what many Zambians already fear: that the police no longer serve the public interest, but rather act as enforcers of the ruling United Party for National Development (UPND) agenda.
Their refusal to act against Robert Chabinga, a known UPND surrogate accused of destabilizing the PF from within, cannot be seen in isolation. It fits into a broader pattern where critics of the government face swift arrest while allies are shielded, no matter the offense. This blatant double standard is intolerable in a democratic society.
When law enforcement becomes partisan, it ceases to be a protector of peace and becomes a threat to it. The continued politicization of the Zambia Police is not only a betrayal of their oath but a direct threat to Zambia’s democracy.
Conclusion: The Law Must Apply Equally or It Means Nothing
The Zambia Police Service has an inescapable duty to uphold the law without fear, favor, or political interference. Their refusal to act on the complaint against Robert Chabinga is a dereliction of that duty and a grave disservice to the people of Zambia.
If the police continue down this path, protecting political operatives while ignoring legitimate complaints, they will not only lose the trust of the public but risk plunging the country into greater division and unrest. Hate speech cannot be tolerated, no matter who utters it. Justice must never be conditional.
Zambians deserve a police service that enforces the law impartially and defends the rights and dignity of every citizen. Anything less is an insult to the rule of law and a danger to the Republic.