
By Kahlatswayo Cele
Given certain conditions, one as an individual, may choose, concerning a rotten apple, whether to eat it wholly, cut off the rotten portion and proceed to eat only the unaffected portion or simply throw away the whole apple into the rubbish bin, whatever the case may be. However, one as an individual has no basis whatsoever, concerning the same apple, if certain conditions prevail, to impose what a whole people should do with it. It would suffice, if one had a genuine public concern, to simply warn the public about the true state of the apple!
On the surface details, Mr. Stephen Lungu, the current President of the Law Association of Zambia (LAZ), despite the seemingly bona fide appeal, is unfairly selective as to what he intends the public to know what their ‘Professional opinion’ is when commenting on the plunder case surrounding allegations against former Zambian President, Dr. FTJ Chiluba, in particular, with regard to what LAZ’s obligation is to the public. If LAZ’s main and honest concern is to serve ‘public interest’ then the public deserves from them unobtrusive, unbiased, fair and balanced amount of commentary.
Regarding Justice Hamaundu’s London Court Judgement, on one hand, LAZ via Mr. Lungu, chooses through the media to announce what it conceives to be Its obligation and duty to ‘public interest’, but on the other hand , forgets that, for instance, of equal public concern and interest, and of significant bearing on the overall case, is LAZ’s position regarding the allegations of professional misconduct against the lawyer who had been the leading advocate for the prosecution.
As far as certain sections of the public are concerned, this Lawyer had allegedly been given room to ‘usurp the powers of the DPP’, giving reason to believe that the whole process of justice was circumvented, putting to question the very motive underlying the investigations and as such the very credibility of the case. LAZ appears to have deliberately avoided this issue.
This is the aspect underwritten in their (LAZ) selective public comments. One wonders the sapience in choosing to be so selective as to risk to be seen to be biased.
To follow Mr. Lungu’s inference to ‘public interest’, it should not be left out of the arena by LAZ what their stance is concerning the allegations of misconduct against this leading figure, in retrospect of the whole process, which in many peoples opinion, is of significant ‘public interest’. Over this matter, they have remained ostensibly mute. This is the obvious and deductable premise for this article.
Mr. Lungu in publicly attacking and making sweeping statements against the decisions of the Judiciary does incredible injustice to LAZ’s reputation as a non partisan Professional body and risks plunging the nation into a constitutional crisis. He has brought unnecessary suscpicion over what LAZ really stands for in its current make-up.
LAZ as a Professional Body has the obligation to dispel suscpicion by tapering their public statements with Professional integrity, not feeding fire to the flames, as they do when they publicly attack Judge Hamaundu’s judgement. They have, however, been evidently quiet concerning some of the ‘hanging’ issues which could potentially impact public opinion.
It appears inordinate yet selective, how on their part (LAZ), pop in and pop out, choosing only when it is convenient to make public what their ‘Professional opinion’ is, deliberately it would seem, using latitude, to stir and influence the public towards their stance, denying the public vital knowledge to make informed and independent conclusions. This is not in line with the spirit and aim of statutory mandate Mr. Lungu alludes to when he toes this ‘public interest’ line.
It is not the aim to impugn anyone. However, this inconsistency in LAZ at best could be downright naivity, to the extent of exploitation, at worst professional impudence on the part of Mr. Lungu.
[pullquote]It appears inordinate yet selective, how on their part (LAZ), pop in and pop out, choosing only when it is convenient to make public what their ‘Professional opinion’ is, deliberately it would seem, using latitude, to stir and influence the public towards their stance, denying the public vital knowledge to make informed and independent conclusions. This is not in line with the spirit and aim of statutory mandate Mr. Lungu alludes to when he toes this ‘public interest’ line.[/pullquote]
Where can one draw the line?
As far as LAZ is concerned, what determines that one aspect of the case is of ‘public interest’, requiring their specific public comment, and another is not? The whole approach LAZ has taken is uninspiring, removing rather than adding to the process of justice.
It is easy to sense obscurity as to what ‘public interest’ is, in as far as what Mr. Lungu understands his institution’s mandate to ‘public interest’ is. But, this is also the platform and basis on which it seems, Mr. Lungu and disgruntled elements in LAZ, choose to launch their insidious campaign from. Otherwise, why is Mr. lungu being so selective in his comments?
What is this ‘Public Interest’? Is it not Justice. Mob justice? Most people can understand to a great extent if these lopsided comments and attacks come from sections of the private media who ‘play to the gallery’ by the very nature of their engagement, but for a Professional Body such as LAZ to engage in the same, is inexcusable. Perhaps one could blame the nature of ‘Part-time’ arrangement LAZ office bearers operate under such that they do not give total and due dillegence to the issues that confront them and as a result, this ineptitude. Compare the effort and concern the Justice Hamaundu gave to page his 200+ judgement report only to be questioned via a single paged document prepared and drafted overnight. What insolence!
[pullquote]What is this ‘Public Interest’? Is it not Justice. Mob justice?[/pullquote]
With this attitude, it is easy to understand why our governance and democracy system sometimes gives way to be seen as ‘mere metaphor’ for when it is absolutely expedient and imperative to give confidence and credence, the players are engaged in mere rhetorical and impressionable activity. LAZ has certainly not given their best effort in this matter despite the influence they want to exert.
Therefore the conjecture that Mr. Lungu is in complicity in using LAZ as a platform and tool hijacked for political and/or other agenda for certain interested elements is not far fetched. Their manner of comments on the ‘London Court Judgement’ has certainly raised genuine concern over their professionalism (lack of it). LAZ as a professional body must avoid to be seen to be taking sides if it is to remain credible and above reproach.
Every case in the public courts is of significant impact and influence, as are the decisions out of them, which are the basis or outcome of Judicial precedence, differing only in degree.