ABSURDITY VISITS JUDICIARY
IT is heartening that President Hakainde Hichilema realises that peace is a pre-requisite to development, social order and the rule of law.
We say so because in the last few months, a situation has been developing which has potential to destabilise the country. This is a matter where judicial integrity has been tested and found wanting in the court of public opinion.
This is the matter of one Miles Sampa and his illegal antics.
The Judiciary has five matters involving Mr Sampa who is believed to be a surrogate of the ruling party that is intent on annihilating the opposition, especially the former ruling party - the Patriotic Front (PF).
This is not to mention the Kwacha and Kabushi by-election fiasco which were literally stolen but are before the courts.
More importantly, there is one overarching case in the Constitutional Court seeking a determination on the propriety, legality or otherwise of the retreat convened by Mr Sampa which was turned into an elective conference.
Logic would suggest that this was accorded priority for a determination before a panel of judges to eliminate the growing impression of external influence.
This matter still has to be allocated, although matters that are subsets or rather off shoots or derivate of the same are proceeding before other courts, mainly among recently appointed judges. The conclusion is not hard to arrive at.
For most Zambian, the Judiciary has been the last post, the bastion of integrity and decency. Indeed, judicial integrity is the cornerstone of a healthy democracy. It encompasses the principles of fairness, impartiality, and transparency.
However, the Judiciary can only enjoy the confidence of the citizenry if it is perceived to be strong and independent, that all individuals regardless of their status or power, are subject to the same laws.
This confidence is shaken when the Judiciary entertains and indeed seems to favour illegality and arbitrary abuse of power. The Judiciary serves as a crucial check on the powers of the executive and legislative branches.
It ensures that actions taken by the government comply with the constitution and legal norms. This system of checks and balances is essential for preventing abuse of power.
The Chief Justice in particular cannot be blind to the anger in the country and the very perception of the selective allocation of presiding officers and more so that there are more than five cases involving Mr Sampa in various courts, which cases are not dealing with the primary cause of the conflict.
It has been said that a Judiciary that operates with integrity helps build and maintain public trust in the legal system. When citizens believe that the Judiciary is fair and impartial, they are more likely to have confidence in the legal process and the overall democratic system.
Zambians know what happened at Mulungushi International Conference Centre and the forces that have driven the narrative, it will be foolhardy for the Judiciary to assume otherwise.
Indeed, countries have broken down into political instability for less
In a democratic society, it has been said, disputes are inevitable. A reliable and impartial Judiciary is essential for resolving conflicts and disputes through a legal process, providing a peaceful alternative to settling disagreements.