Thu, 22 Feb 2018 09:04:10 +0000
By SIMON MUNTEMBA
THERE is need for government to change ancient laws that regulated natives during the colonial era which Zambia has kept unchanged since independence, the Movement for National Transformation (MNT) has observed.
In an interview, MNT founding president, Daniel Shimunza, cited laws such as the penal code, the Public Order Act, and Criminal Procedure Code which must be reformed as they impinged on human rights.
“As MNT, we Contend and appeal to the conscience of government, that Zambia, as a constitutional democracy requires urgent legal reforms.
“The law is not meant to create injustice, and cause the innocent to be punished, and the guilty to be acquitted at law. Unjust laws, and court decisions, that promote injustice endanger the lack of confidence of the general public, in the independence of the judiciary,” Mr Shimunza observed.
He noted that to build a justifiable society, every citizen must be well- informed of their fundamental rights, and obligations to be law- abiding citizens.
Mr Shimunza also advocated for the Constitutional Court to be made efficient with the competence it deserves, to stop the undue delays in constitutional matters that were pending before it.
He also restated that government as the executive, must stop any form of interference with courts and promote the doctrine of separation of powers.
“No officer of government must be in two organs at the same time, without a clear functional, practical, and reasonable separation, from the other organs.
“The criminal justice system must have time limits to compel the courts in criminal matters to timely, expeditiously, and competently deal with matters,” he said.
He observed that the correctional facilities in Zambia were filled with inmates whose cases were pending before the courts for years, due to adjournments adding that the laws should compel the courts with its officers of justice to have a human face in dealing with lives not just footnotes and court processes.
He also said government should reform customary laws to harmonise with the organic law of the land as the fundamental contract between the governed and governors adding that the law as natural justice, must be contextualised.
Mr Shimunza added that development and economic benefits for the citizenry and populace must be practically enforced at law as a right for Zambia, not as a favour of those who rule at a particular time.
