Stop culture of impunity
THE deafening silence and total indifference of the Law Association of Zambia (LAZ) in the face of brazen impunity from the Executive, Legislature, Electoral Commission of Zambia (ECZ) and perceived complicity of the Judiciary is shocking and astounding.
It is unconscionable that in the face of blatant illegality and abuse of authority and a perception that the Judiciary is complicit, nothing has been done by LAZ.
We ask why? Are they cowards or equally compromised and complicit.
Or is it that the LAZ is now a participant in the destruction of democracy?
Zambians are seemingly helpless against the powerful forces ranged against them.
It is a reality that all lawyers swear to defend the constitution and the LAZ enjoins them to observe the law as an instrument of social order and justice.
In particular, LAZ provides a means by which all lawyers, whatever their particular field of activity, can participate together fully and effectively in the development of society and its institutions.
We entirely agree with Kasonde Mwenda, President of the Economic Freedom Fighters (EFF), when he expresses surprise and consternation that LAZ has failed to intervene as it has done before when there were clear violations of the Constitution.
In 2019, LAZ sued President Edgar Lungu, Attorney General and National Assembly over Bill 10. It is surprising that LAZ has not sued the Speaker of the National Assembly Nelly Mutti who has abrogated the Constitution by making illegal appointments not supported by the Constitution and on matters that are pending in court.
Impunity has very long-lasting negative effects on societies, institutions, and individuals because it erodes the foundations of the rule of law by allowing individuals to act outside legal boundaries without fear of accountability. This weakens the legal system’s ability to protect citizens and maintain order.
The most immediate effect of impunity is the abuse of the rights of citizens, such as civil servants who are victimised for refusing to conduct acts of forgery and maladministration to promote political ends. Those promoting abuses feel empowered to commit them because legal retribution will not follow.
In some cases, such as the Miles Sampa PF retreat/convention, the Police who are defenders of the law actively supported him to break the law. This is a fact that all lawyers regardless of their practice are fully aware of. It is not a matter of rocket science.
In such an environment, there is a lack of accountability resulting in social injustice, with powerful individuals or groups exploiting their positions for personal gain. This exacerbates inequality and undermines efforts to create a fair and just society.
The immediate casualties are the legal system, law enforcement, and other institutions which lose the confidence of the people thereby compromising social cohesion.
Our biggest worry is political instability. The disregard of democratic principles will result in protests, unrest, and ultimately conflict. Victims of impunity will feel compelled to seek extra-judicial redress because the Judiciary is perceived to be compromised.
The cost of conflict is very high, not to be taken lightly.
Impunity can contribute to a cycle of violence, as victims or marginalised groups may feel compelled to resort to violence themselves when legal avenues for justice are closed off.