THE judiciary is supposed to serve as the conscience of the nation because it upholds justice, protects constitutional values, and ensures the rule of law. It serves as a guardian of fundamental rights, checking the power of the legislature and executive, and providing an impartial mechanism for resolving disputes.
Recent events have assailed this perception of the Zambian judiciary.
One of the most glaring assaults has been the manner in which the Judiciary has treated the matter of the opposition Patriotic Front.
On 24 October 2023, Miles Sampa convened a retreat at the Mulungushi International Conference, whose legitimacy, constitutionality and indeed procedural propriety were an affront to order and rule of law.
The PF did what was expected; within 24 hours it had filed documents in the High Court challenging the legality of Mr Sampa’s convention, considering among other important facts that Sampa had in fact been expelled from the PF, and could not therefore be expected to convene such an important party legislative function.
The PF went to court with the clear expectation for relief considering that Courts act as a check on the executive and legislature, preventing abuse of power that was evident and palpable in the circumstances.
Their expectation was entirely misplaced. More than a year later there is no end in sight.
Indeed courts are expected to play a very crucial role in protecting citizens from arbitrary actions of the government. This is a fundamental principle of the rule of law and imperative in any constitutional democracy, where Courts ensure that the government acts within the limits set by the Constitution and laws.
To the surprise of all, Nelly Mutti moved to make changes in the House, illegally replacing Brian Mundubile, who was leader of the Opposition in Parliament with one Robert Chabinga.
What can be more damning, when it is common knowledge that Mr Sampa was assisted by the State to stage a successful coup de tat against his own leadership, by the fact that with the speed of lightening, he managed to have the list of the names of the office bearers changed at the Registrar of Societies?
The registrar who attempted to resist the illegality Thandiwe Mhende, was unceremoniously fired from her position for ostensibly resisting to effect changes of the list of office, whose legitimate leader was Zambia’s Sixth President Edgar Lungu.
Now State Counsel has challenged Chief Justice Mumba Malila to emulate his predecessor, Mathew Wathaba Ngulube, who when duty called, did not hesitate to step up to resolve matters which Judges were scared of.
There is absolutely no reason to prevaricate because the issues in contention are very clear. The Chief Justice should step up to the plate and stop this display of impunity.
As State Counsel Sakwiba has pointed out, when the people begin to feel they are not getting justice from their justice system, there is the real danger that they would resort to self-solution.
We join Counsel Sikota in appealing to Dr Malila, the Chief Justice of Zambia to step in for the sake of defending the rule of law, constitutionality and indeed democracy.
