LAZ’s Selfish Agenda
Linda Kasonde
By Justin Mupundu
The Law Association of Zambia (LAZ) President Linda Kasonde’s statement is contradictory: Backs President Edgar Lungu and opposes at the same time.
LAZ, instead of interpreting the spirit of Article 31 to inform and guide the nation, questioned President Lungu’s move to invoke the law in question.
Then beg the questions: What is LAZ‘s view on President Lungu’s invocation of Article 31? Or LAZ’s summed up statement is as follows: “President Lungu erred when he invoked Article 31.”
However, LAZ’s arguments on President Lungu’s invocation of Article 31 are out of context: Police might infringe people’s rights, and that Parliament did not either approve the declaration of threatened emergency with the majority MPs or does not wield powers to extend the said declaration beyond 90 days period.
But President Lungu, in both his address to the nation and media briefing, clearly underscored reasons why he was prompted to invoke Article 31: It is intended to deal with the acts of lawlessness in the country, protect law-abiding citizens’ rights, and bring wraith on the wrong doers.
The invocation of Article 31 activated Preservation of Public Security Act, Cap 112: The Police now enjoys powers to investigative, arrest and detain without a search or warrant of arrest.
However, these powers are intended to assist the police thoroughly investigate acts of sabotage, and bring culprits to book.
Since Parliament approved the threatened emergency 90-day period, there has been no media reports about police harassments of innocent citizens.
How can the so-called legal experts deliberately misinform the nation on matters of the law?
Article 31(2) states that: “A declaration made under this clause (1) of this Article shall cease to have effect on the expiration of a period of seven days commencing with the day on which the declaration is made, before the expiry of such period,it has been approved by a resolution of the National Assembly supported by a majority of all the members thereof not counting the Speaker.”
On July 11, 2017, about 85 MPS present approved the declaration.
Parliament wields powers to extend the declaration period by not more than 90 days at a time.
But does LAZ’s view represent a collective position on the matter, or a selfish agenda?
LAZ President Kasonde’s voice echoes many anti-Article 31 voices from some sections of the media.
Zambians expected the Kasonde-led executive to have reformed by this time after its annual conference in Livingstone, but they did not.
Felix Mutati’s advice, Finance Minister who graced the occasion, to desist from politicking falls on deaf ears.
LAZ has since then continued to behave like an opposition political party.
How different is LAZ’s view with that of the opposition political parties or President Lungu’s critics? There is no difference!
Unfortunatrerly, LAZ is used by a few selfish individuals whose interests are to erode Zambians’ confidence in President Lungu.
Clearly, LAZ’s anti-Article 31 statement is political and not legal opinion.
LAZ should heed President Lungu’s advice to form a political party and not abuse the legal profession.
LAZ has mostly been fighting President Lungu instead of interpreting the law to inform and guide the nation.
Early last year, LAZ, in an alliance with United Party for National Development (UPND), petitioned President Lungu for retaining Cabinet ministers during the 2016 elections run-up.
LAZ’s application, in disguise as’ friend of the Courts’, to join UPND losing presidential candidate, incarcerated Hakainde Hichilema, election petition case was thrown out.
Similarly, High Court Judge Sunday Nkonde threw out an application for them to join the under liquidation Post newspaper case.
Zambians are not gullible to LAZ’s calculated scheme: Throws dust in their eyes so that they cannot see clearly their selfish agenda.
Therefore, Government through the ministry of Justice should move the motion to repeal LAZ Act: Replace it with a professional legal body that would live to the Zambians’ expectation.
The author is freelance journalist and apolitical analyst