JUSTIFICATION FOR CORRUPTION AMNESTY?
The law enforcement agencies, must make it clear by way of sensitisation that criminality must be punishable, except where the accused for corruption, meet the required set out conditions for amnesty, over time.
THEamnesty for corruption, is not an excuse, for criminality. It is an alternative resolution, to solve the punishment of that criminality. Whereas, the alleged corrupt, must be punished as by law established, a legal remedy by way of amnesty, is provided to deal with the stolen; monies, assets, and properties, by the State in national and public interest.
The law enforcement agencies, must make it clear by way of sensitisation that criminality must be punishable, except where the accused for corruption, meet the required set out conditions for amnesty, over time.
The conditionalities, set forth in the amnesty are that; there should be acceptance of the guilt by the corrupt, and a willingness to bring back what was stolen. The State’s willingness to pardon, on the other hand, for those that meet these said conditions, to forego prosecution is another. Where this is not done, the law’s established punishment, must still be advanced and meted.
The Amnesty Commission, once set up, must set out a robust public sensitisation programme urgently, for the accused corrupt to bring back, the stolen State assets in graft.
The intention to bring back is vital at law. What is brought back, must be commensurate to what was stolen, in some cases with reasonable interest.
The Amnesty Commission for Corruption, is the only answer as a solution, to the rampant allegations of corruption of the Patriotic Front (PF) government.
It is important to justify, why this position serves as the leading alternative, to the prosecution process by the courts, of competent jurisdiction. Some of the reasons for the amnesty justification, include the following:
Firstly, unifying Zambia is more important. Why walk alone to victory? The present government, must not walk alone to victory. A divided Zambia, will be difficult to govern. It will be a repetition of the last years of the (PF) led- government.
Leaders, never walk alone, they lead their nations with confidence. Prosecutions, have a tendency of divisive; tensions, tones, and practices. This is not good for the New Dawn government.
The Presidency, must be stabilised, by unity coun
It was an argument, that the Mwanawasa-led Task-Force recovered no money or assets, to date from the Chiluba cases. They never won a case on graft. Time and resources were wasted in the process. Litigation, may not guarantee recovery of stolen money and assets.
try-wide, by the new leadership. The Amnesty, is a unifier, of the entire citizenry.
Secondly, the time factor. The wheels of justice, can turn very slowly. Some of the cases of corruption are beyond the jurisdiction of Zambia. They may take more time, than the pronounced 48 hours.established to manage. It takes ime, to investigate cases of corruption.
The Frederick Chiluba case took years of prosecution, whereas, amnesty may prove faster, with less stress.
Zambians must be given what they voted the UPND Alliance government for. The patience of citizens, is running short from the sufferings under the PF. The new dawn government, must deliver development, not just the fight on graft.
Thirdly, faster recovery of money and Assets. In the Chiluba case, money was never recovered, albeit, the long time the prosecution of cases took. Transparency International Zambia ( TIZ), published a small book titled, “Show me the money.”
It was an argument, that the Mwanawasa-led Task- Force recovered no money or assets, to date from the Chiluba cases. They never won a case on graft. Time and resources were wasted in the process. Litigation, may not guarantee recovery of stolen money and assets.
Fourthly, Zambia’s Economy is still small. Our economy, is too small to take the pressure of litigation fees, in case the State loses some of the high profile cases.
Furthermore, the disturbances of the prosecutions on graft, may delay development and economic growth. Separating the functions of the amnesty from the attention of government, will free the New Dawn administration to be focused meeting the high expectations of the people.
Delays on deliverables, may be counterproductive for the Presidency. A Separate Amnesty Commission (AC), can best handle graft matters, thereby freeing the
Alliance government.
Fifthly, it is transformative. This amnesty approach, is transformative. If the UPND- Alliance government, is transformative, the test will be on how they unify the country and the wisdom to deal with the complexities of the rampant corruption cases.
We need leaders, who can think outside the box, in the 21st Century. A problem cannot be solved, by those who have the same think
ing that created it. We must rise above the challenge, as transformative leaders. Transactional leaders, maintain the status quo.
Sixthly, saving the Courts time and litigation. The Zambian courts already have the record of being loaded with undisposed off cases over time. To load them up with further burdens of corruption cases, will be vexatious and abuse of process.
It is true that competent special courts can be set up, but where we can avoid litigation processes, we do well to find alternative dispute resolution mechanism, or arbitration, with the guidance of the learned legal experts and courts.
Seventhly, a fresh start and reconciliation. After the acrimonious election period, tensions are still very high, in the country. What we need is not to fuel the problem, but
find healing and reconciliation.
Under the PF reconciliation failed before the National Dialogue Forum (NDF), and after, until the elections from 2016-2021. The political landscape was adversarial.
If the UPND Alliance government continues on this path, the difference will be the same, sadly. Only true leadership, can reconcile, even concerning graft cases.
Eighthly, the cost factor. Litigation is expensive, for both the state and the accused of corruption. The legal process, is not cheap. We can save money in the amnesty, by reducing the cost factors.
The litigation process usually favours the rich, with expensive bail applications and bonds. The best legal experts, take courts as the place of last resorts, of failed arbitration, and mediation. A national mentality of punitive legal processes, must be frowned upon. To solve matters before court, entails a mature dispute resolution skill, to benefit all parties.
Ninthly, Godly wisdom in a Christian nation. Zambia, is a Christian nation, therefore, we have men and women of wisdom, who can help solve seemingly complex national challenges, by the wisdom of God.
There is nothing under the sun, which cannot be solved by the wisdom of God.
Conflict resolution, is a test of the collective wisdom of leadership in a nation. Right now, the UPND Alliance government, is standing at the brink of showing God’s wisdom in leadership, or rely on failed human wisdom, or exacerbate matters of graft.
Tenthly, State-interest and public interest. The amnesty, is more likely to satisfy public interest against corruption, than the way of court processes. State interest, must act for public interest.
State actors, must always work for the greater good of the populace and citizenry. In the Chiluba case, there were not more than 10 people, whereas, in the present cases, there may be far more people involved.
This requires a faster way of mitigating the scale of numbers. The more the numbers, the more the time required to prosecute cases, effectively, on case by cases basis.
Conclusively,
as a nation, we stand at the brink of moving forward, or retrogressing to the abyss of deplorable mediocrity, if we cannot solve our own national crisis. We must stop looking outside, and grow in our national quest, to unify and develop our nation. The time for the status quo is over. Business as usual, is over.
We must proffer solutions, to the questions of ordinary citizens. Before we criticise, we must contribute first, to national transformation and development.
The development of Zambia, will be achieved by Zambian hands, by Zambian leadership, and God’s wisdom. We must justify, and advise these with perception, that the amnesty against corruption, is the answer right now. The nation is advised, accordingly.