By Kapya Kaoma.
Raphael Nakacinda’s Contempt case (based on Section 116 of the Penal Code) does not only put the ConCourt on trial, but also confirms Jesus’ words:
“You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye.” (Matthew 7.5).
In 2016 and 2017, President HH accused President Lungu of paying huge amounts to ConCourt Judges Anne Sitali, Pallan Mulonda and Mungeni Mungeni, whom he depicted as “thugs,” “criminals,” “corrupt,” “musketeers,” and “agents of evil.” The UPND leadership saw no crime. Today, the very ConCourt so sacrosanct to President HH’s Dark Regime, any accusation of this once evil instrument of injustice the AG to prosecute with untold zeal. But will the administration institute similar contempt charges to countless UPND officials, who like President HH, disparaged the ConCourt following the 2016 elections since Order 52 of the Rules of the Supreme Court provides no time limitation when charges can be brought?
On September 9, 2016 during a Press Conference at Chainama Hotel, and again on October 17, 2017 in South Africa, Mr. Hakainde Hichilema claimed ConCourt Judges Sitali, Mulonda and Mulenga where bribed by President Lungu with huge amounts of money to delay the hearing of the UPND petition to nullify Lungu’s victory. On both occasions, he termed them “thugs and criminals who…had raped the Constitution and were therefore not worth the gowns they wore as they lacked integrity and impartiality.” A year later, he repeated the accusation in South Africa on October 10, 2017, but added that a trio were “agents of evil and three musketeers…. totally disgruntled and corrupt…setting the country ablaze just over money, nepotism and unprofessionalism.” All the while the UPND appeal was in Courts.
This attack on the ConCourt and the President was characteristic of the UPND political discourse throughout the Lungu administration. In fact, ample evidence exists on Lusaka Times, and Zambian Watchdog if the new enlightened AG wants to institute new contempt proceedings against UPND politicians too.
Amidst public pressure to indict HH for contempt, on August 15th, 2018, then Deputy Chief Justice, Marvin Mwanamwamba noted that for “unexplained reasons,” the Concourt as the “identified” offended party did not institute contempt charges, hence he didn’t see the reason to do so either–the position also taken by the DPP Lillian Shawa. Ironically the UPND political operatives were all agreed; HH committed no crime.
There is a strategic reason the ConCourt or Lungu’s AG ignored calls to begin contempt proceedings against HH. Judgment. It had adults in the room. When people lose cases, they feel cheated and are likely to say things against judges. Moreover, the Judiciary didn’t want to be viewed as controlled by cadres–as is the case with shameless Kabesha who jumped on the case simply because unemployed Kaponyas went to Central Police demanding his action–a threatening trend in the New Dark Regime. An adult would have raised concern of how this prosecution would be viewed considering that President HH is guilty of Contempt charges–but not in the administration of the Baby Boss where crying babies with pangas threaten the hell out of politicians. And rightly so. They bought them those pangas, armed them and trained them to feast on human blood, and once they show up, politicians wet their diapers and have to do their bidding. With no PF cadres in sight, the Police are now their victims; at the Supreme Court grounds or at Chelstone Police Station–the red ballet vampires for blood roam. So the cadre-free politics HH promised, Bufi! From social media to the streets to the compounds, UPND cadres lack respect for difference. If you don’t join them, your blood, like Chibuku, these vampires to drink.
As bad as PF cadres were, they did not stone Chainama Hotel or demand HH’s blood for calling Lungu and ConCourt Judges names. The Deputy Chief Justice, the AG and DPP let the ConCourt make its own judgment on the HH case–indicative of where we are now. In fact, the HH case was easier to prosecute since his accusation mentioned specific judges–something that personally “defamed” them. But why did the judges ignore his accusations? Because they were adults and not babies like Kabesha and his Baby Boss.
If President Hichilema has to lead, he needs to grow up or else he will be negating himself each time people call him names. Didn’t he call Mwanawasa “Cabbage,” and Sata, “Chimbwi with no plan?” Now that he is in power, he has become, “Chimbwi with no heart–always rejoicing in other people’s suffering. From causing unnecessary traffic jams for people of New Kasama to politically motivated prosecutions, the Chimbwi with NO HEART smiles–it benefits his narcissistic ego!
But will the ConCourt do the right thing and follow the precedent it set during the Lungu administration? Or will it join the Bally Cult and thus be cursed by Matthew 7:5? Kaya!
