Tue, 29 Aug 2017 11:02:25 +0000
Re: YOUR INCARCERATION AND THE FAILED REFERENDUM THAT YOU SHOT DOWN
Dear Mr. Hichilema
Soon after the 2016 Referendum, you were reported in the media, to have boasted that you had shot down the referendum.
What was the referendum about? After your four (4) months in prison, I think you now appreciate and indeed, regret for being retrogressive and voting against the referendum. In life we need to work for the common good and not dwell on trivial differences on opinion.
Article 22 of the proposed provisions that were to be included in the BILL OF RIGHTS provided that:
“A person has the right of access to information held by the State or another person which is lawfully required for the exercise or protection of a right or a freedom;”
“A person has the right to demand the correction of false or misleading information recorded or published about that person;”
“The State shall proactively publicise information that is in the public interest or affects the welfare of the Nation;”
While Article 34 of the proposed provisions that were to be included in the BILL OF RIGHTS provides that:
“A person shall not be held in custody without being charged;”
“A person who is held in custody is entitled to petition for a writ of Habeas corpus.”
For me your incarceration for four (4) months which bordered on your rights and freedoms was meant to teach you something that in future, we should all uphold the common good and not dwell on trivial differences of opinion. By shooting down the referendum, you were saying you do not want to petition for a writ of Habeas corpus. But we saw your lawyers applying for this remedy in the High Court. Mr Hichilema, where is your conscience? How do you claim for something that you rejected?
Your behaviour in the 2016 referendum brings to mind what Pope John Paul the 2nd said and this has a direct bearing on your behaviour demonstrated in the 2016 referendum. The Pope said “When freedom does not wish to know anything about the rule of law, engraved in the heart of men and women, when it does not listen to the voice of conscience, it turns against humanity and society.”
Your failure to listen to the voice of conscience during the 2016 referendum only made you and the UPND turn against humanity and society. And to turn against humanity and society is a great moral offence. Those of us who value democracy greatly want the UPND and other opposition political parties to continue providing checks and balances to the PF but it must be responsible criticism.
Article 35 of the proposed provision that were to be included in the BILL OF RIGHTS that you rejected also provided that:
“An accused person or detainee has the right, to be held separately from persons who are serving a sentence,” and to be released on bond and to be brought before a court within 48 hours after being arrested or detained “all these were rejected by the UPND. What kind of an opposition is UPND?
We are aware that by your status in society – you could afford to hire twenty (20) lawyers to represent you. But how about the poor people in this country who cannot afford those exorbitant legal fees? Clearly, the poor people needed those provisions in the referendum that you rejected to cushion their inability to access justice. By the way, justice in Zambia is now only for the rich and affluent like you who can have Church bishops and the Commonwealth speak out for one individual, while thousands are languishing and nobody speaks for them. You should count yourself very lucky.
If I were you, I would have publicly apologised to the people of Zambia for being retrogressive in your approach to national issues as regards the referendum. And I want to urge you to do just that because there is nothing wrong in saying “I am sorry,” on the contrary people will respect you.
I want to appeal to you Mr Hichilema that the opposition MPs should compensate for the lost provisions in the extended BILL OF RIGHTS by sponsoring a BILL in Parliament that will amend our Criminal Procedure Code (CPC) to infuse in some of those good provisions regarding persons in custody. Yes, this can be done.
After all, His Excellency the President, Mr Edgar Chagwa Lungu has asked for suggestions on how we can proceed after the failed Referendum. So all is not lost. There is still political will on the part of His Excellency the President, to give the people of Zambia their full BILL OF RIGHTS and President Edgar Lungu is the only President so far who has demonstrated a lot of political will over our extended Bill of Rights. He needs to be supported.
Mr Hichilema remember that while the Catholic Bishops and the Commonwealth, were lobbying for your release, there are hundreds of people in our prisons who have been there for over five (5) years with nobody to lobby for their release. Obviously, God is telling you something which you need to reflect on, particularly over your boasting in the failed referendum. If I were you, I would now be an ambassador for those poor people in our prisons who have nobody to lobby for their release. Some of them totally innocent.
Yes, all have sinned and fallen short of God’s glory (Rom. 3 v 23), but the fear of the Lord, leads to life (Prov. 19 v 23). We pray that God will continue to give this country responsible opposition political parties and SERVANT LEADERSHIP that will uphold the common good.
I wish you well as you reflect on the way forward for this country.
Yours faithfully,
Andrew. B. C. Njovu,
GOVERNANCE ACTIVIST in Kasama
Member of the Catholic Commission for Justice and Peace Kasama
