CHIFUMU BANDA IS RIGHT

THE creation of fast track courts to deal with cases of alleged corruption and plunder of national resources especially during the PF regime has created a lively debate.

The debate borders on what form the fast track courts would take.

The concern is also about whether the fast track courts would be used to settle political scores by the UPND new dawn government against old adversaries in the Patriotic Front.

The concern is genuine.

Zambians have not forgotten how a similar under taking was carried out just over 20 years ago under the MMD administration of late President Levy Mwanawasa.

The much-maligned Task Force on Corruption that he set up with so much fanfare went full throttle and quickly had Dr Mwanawasa’s predecessor, President Frederick Chiluba indicted on corruption charges.

Others aligned to his former administration also end ed up suffering the same fate.

At the end of it all, none of the charges were proved against President Chiluba. The bone of contention then and now is that the Taskforce on Corruption had no le gal backing.

Moreover, there are still pending cases in the courts arising from the Task Force era that are yet to be re solved. This is the fear that Zambians have about the planned fast track courts on corruption.

The suggestion made by Mr Chifumu Banda, a former Solicitor-General and legal practitioner on how the fast track courts could be set up makes sense.

Mr Banda said the Fast Track Court on Corruption en visaged by Government should be within the High Court as a division specialised in corruption cases because that is the only way it can be impartial and independent.

As Mr Banda explained, said if the fast track court could be a division in the High Court that would give an opportunity to a person to appeal to the Court of Appeal and from Court of Appeal to the next court in the ladder.

He said even if a person is dissatisfied with the judge ment of the court they must know where to appeal to.

Mr. Banda said it is important to ensure that people do not tag this as a court created to settle vendettas, if that is done then the court will be most welcome.

Although there have been public assurances that the fast track courts would be impartial, the public is skep tical judging by the manner in which even the investiga tive wings have behaved since the UPND took over the reins of government.

The nation has seen a host of PF officials, among them its Secretary-General, Mr Davies Mwila summoned for questioning about among other things sources of campaign funds for the August 12 elections.

The UPND campaigned on a platform of ending ram pant corruption and caderism under the PF and this is where the concern lies.

It has all but branded all who served under the PF as corrupt. It has vowed to ensure that anyone who will be found wanting will not be spared.

This is the more reason why calls for the formation of fast track courts on corruption have been received with skepticism.

The new dawn administration should therefore heed Mr Banda’s advice. They should not take the fast track courts as a quick fix against alleged corrupt elements and score points.

Let the fast track courts be legally established as part of the High Court with defined functions and objectives.

Failure to do this would just make the planned fast tracks an exercise in futility that would work against the new dawn administration.

Mr Banda’s suggestion therefore makes legal sense.