DYSFUNCTIONAL JUDICIARY

IT had to take eminent human rights activitists among others to pressurize and ensure that former deputy secretary general of the Patriotic Front, Mumbi Phiri and her co-accused Shebby Chilekwa appear on the cause list for their murder case to be heard.

This was after over six months of being held in incarceration at the Kaoma Correctional Facility after being picked up in Lusaka.

The explanation for their long stay without making a court appearance was that the courts were congested and that the Judiciary had to clear cases that occurred before theirs.

But it turns out that one does not need to be in cells to be denied justice.

This is what Mr Clever Mpoha, the director and shareholder of Savenda Group of Companies is going through, a victim of what can only be described as a dysfunctional judicial system.

Mr Mpoha’s multi-billion business, Savenda Group of Companies is in crisis after the Anti-Corruption Commission (ACC) froze its accounts and placed the business under restriction but have twice failed to commence court proceedings - two months after he was arrested.

Mr Mpoha through his lawyer, Mr Sakwiba Sikota of Central Chambers has threatened to institute legal proceedings against the State and seek general punitive and exemplary damages should the ACC continue denying him his rights to be taken to court after being arrested in August this year.

“Our client was charged almost two months ago and he has not been afforded a hearing within a reasonable time. The protection of the law provided for under Article 11 of the Constitution is therefore being cast aside and ignored. In other words we are not following the Rule of Law in Zambia,” said Mr Sikota in his letter to the Attorney General.

The ACC had arrested Mr Mpoha on August 17, 2022 for corrupt practices involving US$927, 448 and charged him with three counts of corrupt practices.

Immediately after his arrest, the ACC issued a statement to the effect that Mr Mpoha was going to make his first appearance in court on September 6 but that it had not commenced the court proceedings.

Yesterday, the ACC again failed to take the case to court as it was not ready to commence court proceedings.

As in the case of Ms Phiri, the gist of the public’s concern was to do with the rule of law, that anyone who is arrested must be charged and taken before a court of law as natural justice dictates.

Ms Phiri’s plight brought to the public domain the negatives in the country’s judicial system in which suspects are held for long periods, even years, before having their cases disposed of in courts.

The ruling United Party for National Development (UPND) campaigned during the August 12, 2021 tripartite elections that it would uphold the rule of law, and ensure that suspects are brought before the courts not more than 48 hours after being arrested.

That was one of the campaign promises that President Hakainde Hichilema made, and in his acceptance speech declared that police must only make an arrest after thorough investigations had been done and were ready to go to court.

But what is being played out in the judicial system is something else and makes out a strong case for improvements in the delivery of justice.