This Is Not The End; It Is Just The Beginning!

The election petition, like elections before it, has ended the way it began. And like the elections before it, the outcome of the petition was known even before it began.

This is not because of its merits or demerits. It is simply because of the way things are now decided in Zambia. In anything that really matters, things have to go Edgar Lungu’s way. And we have judges who, in every case that matters, they have taken it Edgar’s way. In this election petition, it was not difficult to guess which judge was going to give it to Edgar.
The organisation and management of the elections was also not different from the adjudication of the petition.

And this is not going to stop today. They absolutely have no intention of ever doing things the right and fair way. Already we have heard that their scheme, as they plan for 2021 elections, is not to leave an enemy behind.

They plan to deal with the likes of Fred M’membe and all the people they believe tried to bring down their government and have the potential to continue doing so. That’s what they are saying. It’s very clear that they intend to perfect what you have seen them do in these elections and in the petition. They don’t conceal their evil intentions. This is how they intend to run the country and its institutions.

They will demand respect from everyone. And even the discredited judges who have betrayed public trust will also demand respect. Do they deserve it? Respect should never be demanded; it must be earned. For our state institutions to operate effectively, they require legitimacy. And legitimacy has to do with our people accepting that state institutions are theirs, that they perform a function that benefits the people and operate on their behalf. Legitimacy is very important for the peace and stability of any country. When an ever-growing number of people feel and see that state institutions are not serving them, those institutions lose legitimacy and become enemies of the people.
Legitimacy is built on respect. An institution that that does not enjoy public respect can never be legitimate. People respect principled institutions. The shameful flip-flopping that has characterised the Constitutional Court has done nothing to earn it any respect. The Constitutional Court has not conducted itself in a principled manner. The Constitutional Court has single handedly undermined its own legitimacy. It is a stillborn institution holding very little, if any, promise for our people.

The conduct, and not necessarily the outcome, of the August 11 elections and the election petition that followed, has caused serious damage to our country and it will require gigantic effort and commitment to reverse this trend. Our country is now governed through crookedness, intimidation and outright violence. Look at the unjustified pressure that was put on Constitutional Court judge Enock Mulembe! This judge had to recuse himself from being part of the Constitutional Court bench hearing the election petition.

Judge Mulembe succumbed to the widely publicised threats on his person. And whichever way one looks at it, judge Mulembe was damned whether he participated or not. This is the beginning of very serious problems. The remaining judges who have upheld that the case be doomed on account of technicalities should remember that it is the court itself that wasted time without setting ground rules. But looking at where we are coming from, do they really care?

John Sangwa was right when he said the Constitutional Court needed to be led by people who fully understand and appreciate constitutional law. Where in the world have technicalities been upheld above the right to be heard and justice? The Constitution itself cannot be interpreted piecemeal – it’s a basic tenet of constitutionalism and the rule of law. But would Edgar and his league of very intolerant and violent elements have accepted it any other way? The city was yesterday full of menacing Patriotic Front cadres ready to engage in what they know best – violence.
We are in big trouble as a country. And it is not about an individual – a Fred M’membe or some other citizen here and there – it is about the country. They can get rid of a Fred M’membe, but that won’t change anything; the country will still remain in trouble. If they proceed on that line, they will just end up destroying and killing so many people without solving any of the nation’s problems. Many have tried that approach. Where did it take them? How many people did Idi Amin kill? How many did Mobutu kill? How many did Kamuzu Banda kill? How many did Gadaffi kill? How many did Sadam Hussein kill? And how many have the other tyrants of East Africa killed and are still killing? Are their countries any better because they have killed many people? It will be very difficult for Edgar and his regime to gain legitimacy. But do they care? That is the problem. If they cared, things would be different. Today, we have a Constitutional Court whose president is forced to read a judgment she totally does not agree with and she is almost breaking into tears doing so. What is this telling you? You are in trouble as a people, as a nation!
In our view, justice Professor Margaret Munalula’s judgment sums it all very well – the Constitution must be upheld as a whole; the Constitutional Court exists because of the Constitution and the Constitution firstly must be read with a view to giving effect to its full purpose – it doesn’t advocate injustice on technicalities, as well explained by justice Professor Munalula.
Secondly, the Constitutional Court should embrace the widest possible perspective of democracy, constitution, constitutionalism and the rule of law, of which justice, freedoms and liberties are a great part. What fundamental freedoms have those three judges – Mungeni Mulenga, Palan Mulonda and Anne Mwewa-Sitali – of the Constitutional Court upheld? We know all this seems new to many Zambians. But for us, this is what we face almost on a daily basis in our courts and other institutions of the state. Of course, we understand and appreciate that things like these are only changed when they become tangible realities for all to see. You now have all the three arms of government – the executive, judiciary and legislature – totally fused into one and under the total command of Edgar.
If your bearings are not strong, you can do what many opportunists are doing – throw in the towel and join them in the destruction of the country. But no matter the difficulties, the challenges, we should never give in to evil, to wrongdoing, to abuses. These are things that must be fought to the bitter end. Christ before you faced even worse situations with the Pharisees that ruled his homeland. He challenged them and paid the ultimate price – he was crucified. But He also showed us that where there is a crucifixion, there is always a resurrection. This is not the end; it is just the beginning! –