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Alba Iulia
Tuesday, June 28, 2022

They’re abusing the criminal justice system to fix political opponents, critics

Columns They're abusing the criminal justice system to fix political opponents, critics

By Fred M’membe President of the Socialist Party

We are witnessing a very worrying abuse of the criminal justice system by the UPND leadership, its cadres and the police under its control and direction.

In a clearly coordinated manner, some cadres of the UPND are made to launch complaints of defamation of the President in far flung areas of our country against individuals living in Lusaka. These individuals are then arrested in Lusaka and transported to these areas where they have no lawyers, family or friends. This was the case with Raphael Nakachinda who was arrested in Lusaka and transported to Solwezi and made to find his way back to Lusaka. It’s now the case with Chilufya Tayali who has been arrested in Lusaka and taken to Lukulu in Western Province. We hear there are plans to arrest Sean Tembo and take him to Ikelenge in North Western Province.

We know they are relying on the argument that the alleged defamation was committed on social media which can be accessed anywhere in the country. But this not the rule of law, which they had promised us; this is rule by law.

What is the difference between rule by law and rule of law? Briefly, rule by law indicates that decisions are forced upon a citizenry, while rule of law is to control the unlimited exercise of the power by the supreme lawmaking authority of the land. It is a just application of the law for everybody, keeping in mind that the law doesn’t go against basic precepts of humanity.

Rule of law empowers the citizens to live and work safely. Citizens will not be subjected to arbitrary laws of the government and are protected against any abuse of power by the state.
What they are doing is actually punishing these individuals before they are convicted by making them suffer unnecessarily.

What they are doing is not different from what the PF government did to them and many other citizens. In principle, this not different from what the PF government did to them in those road traffic treason charges.

This is all about ego – ‘I am the President! How dare you say such things about me? I will fix you so that you know where power lies.’ But as we have repeatedly warned, the exercise of power must be a constant practice of self limitation and modesty.

These abuses of our criminal justice system are unacceptable and must be opposed and stopped. As we have repeatedly stated, it is a well-known fact that throughout history, those who administer or control the criminal justice system hold the power with the potential for abuse and tyranny.
The statutory powers to arrest and prosecute those who commit crimes should be reasonably exercised and in good faith. By allowing people to be unjustifiably arrested, detained and prosecuted, those in power are sending a dangerous signal that the criminal justice system can used to persecute and fix opponents of the President.

There’s need to administer justice fairly and impartiality.

In Freedom under the Law, Lord Denning wisely remarked, “All power corrupts. Total power corrupts absolutely. And the trouble about it is that an official who is the possessor of power often does not realise when he is abusing it. Its influence is so insidious that he may believe that he is acting for the public good when, in truth, all he is doing is to assert his own brief authority. The Jack-in-office never realises that he is being a little tyrant.”

We should at all times uphold the rule of law, integrity of the criminal justice system and the right to a fair trial.

17 COMMENTS

  1. Sense in this. We already know and we are beating them at their own game. I am still waiting for them to come for me. If you are man enough come and break into my house. You will be met by my army of soldiers. Ine ninamenyapo bantu 12 at the same time.

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  2. Hakainde is a let down. Honestly, someone defames Hakainde as he claims, that someone is arrested and taken to Lukulu.

    He is digging his own grave

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  3. They told us that they were going to liberate the people from PF dictatorship. But alas, they were fighting for themselves. In nine months they become what took PF ten years to become.

  4. SOCIALISM IS DICTATORIAL AND ALL THOSE WHO RUN SUCH PARTIES IF GIVEN CHANCE CAN BE WORSE THAN PUTIN

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  5. We didn’t hear anything from Uncle Fred during ten years of PF government abuse!

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  6. The only tribal supremacist bigot left out of the chitimukulu tribal gathering was this membe………..

    We expect him to join forces with his tribal brothers …………

    Theirs is a tonga can never rule zambia

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  7. iwe Bath just shut up if you have no education and you rely on Western propaganda for a pretence to smartness. Putin is not a Socialist. Russia abandoned socialism in 1988. There are plenty of socialist parties in Western Europe. Just read and you will find them

  8. HH trying to fool his gullible followers Tarino Orange and Spaka otherwise there’s no genuine persecution here just scripted theatrical….

  9. @Spaka the tribal bigot is you who is trying to turn every Bemba into an enemy because you can only advance tribally. So Bembas didn’t vote for UPND? Or you want them to vote tribally like you?
    Why do you identify Mmembe as a Bemba when his mother is lozi? Keep your Hutu Tutsi diatribe out of Zambia

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  10. 8  Milton Katanga

    Membe and his post newspaper was the biggest peddler of tribal bigotry………

    It is not me who used to parrot the

    ” a tonga can never rule zambia ”

    On this very site 24/7………..

    I am an easterner but can see tribal supremacists and bigots from miles away……….

    Why do you think those making noise against the war on corruption are mostly from one region ???

    Was the looting being done for a tribe ???

    Not all bembas and easterners are tribal bigot supremacists, but most are on this site……….

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  11. Be honest, who is paying all these “kandeles” from the sebanawekute association busy insulting the Rebulican President everyday. Go and check their bank balances after insulting HH.

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  12. I smell an extremely disgusting disgruntled dictator wishing to punish all desenting voices.
    Extremely disappointing intolerant individual reporting to work at state house.
    Job on training.
    Thereiz no experience! Cipante pante!

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  13. Where was this empty chibuku tin aka Fred when PF was abusing their power? The late Rupiah Banda was persecuted by PF using the court system and he was never found guilty.

  14. This issue of transporting accused persons to remote districts shall backfire. The same may be done to them after they leave office.

  15. We must learn to smell tribalism from afar and run away from it, because if we don’t one day it will destroy us. It starts with all of us on this site. Yes our politicians most of them embrace it because it gives them votes, but let us point it out to them. Let’s not join them.

  16. Mr. Membe has always been, to me, a fearless and objective journalist but I don’t think that he believes what he has written here. Who was busy stealing money the past 10 years?! You can do your arithmetic. The PF ministers concerned did not earn the wealth they have! Membe you knows that! Insinuating that they are being persecuted because they are political opponents is twisting the truth!
    China has not achieved its greatness by ignoring thieves! I’m sure you know how they deal with corrupt leaders

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