The rejection of the Attorney General’s application is a clarion call for all segments of the government in Zambia to reflect on their roles and perform them with unflinching integrity.
Lusaka, Aug. 21 – The recent decision by the Lusaka High Court to reject Attorney General Mulilo Kabesha’s application to set aside the stay for nine Patriotic Front (PF) MPs serves as a compelling manifestation of the inviolable principle of the separation of powers – an enduring testament to the judiciary’s unyielding integrity and fortitude.
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In our parliamentary democracy, the separation of powers is more than a constitutional doctrine; it is the bedrock upon which the edifice of good governance is built.
By affirming the stay, the High Court has underscored its independence, ensuring that the parliamentarians’ challenge against the declaration of their seats as vacant proceeds in a fair and just manner. This unequivocal stance reinforces that the judiciary is not a mere appendage of the executive but a co-equal branch, vested with the authority to check and balance.
The deliberate and thoughtful act of preserving the stay is profound in its implications. It is a reminder that rule of law prevails over expediency, and due process is more than an ideal – it is a reality that must be guarded jealously.
Economic hardships may cloud judgment and political pressures may exert formidable force, but adherence to the rule of law mandates that the courts deliberate without prejudice or undue influence.
For the nine MPs – Brian Mundubile, Stephen Kampyongo, Remember Mutale, Christopher Kang’ombe, Ronald Chitotela, Nickson Chilangwa, Davies Chisopa, Mulenga Fube, and Mutotwe Kafwaya – the court’s decision to maintain the stay is a beacon of hope.
It ensures that their grievances will be heard comprehensively and judiciously during the main hearing set for 9th September 2024. It is an assurance that their fight for justice will not be preemptively stifled by the machinery of the state.
Moreover, the judiciary’s action to uphold the stay resonates deeply with the populace, whose faith in the institutions of governance has been notably tested. With financial crises looming large, the notion of plunging into nine by-elections was more than a fiscal concern; it was seen as an extravagance that could further strain the fragile socio-economic fabric. The court’s decision, therefore, resonates as a voice of reason in times of turbulence, signalling that judicial oversight offers a pathway to balanced governance.
In a broader context, the rejection of the Attorney General’s application is a landmark affirmation that authority is derived from the integrity of institutions. It is a declaration that power, when wielded responsibly, upholds justice and fairness. The judiciary, by standing resolutely on this principle, has not only delineated its domain but also fortified the quintessence of ethical governance.
Through this gesture, the High Court has, quite ironically, endowed the nation with more than just legal relief – it has charted a course back to the fundamentals of democratic ethos. This is a clarion call for all segments of the government to reflect on their roles and perform them with unflinching integrity. Indeed, it is a poignant moment of introspection for Zambia, a turning point that may well redefine and rejuvenate the core values of the nation’s democratic journey.
In asserting the rule of law, the Lusaka High Court’s decision is more than a judicial pronouncement; it is a profound narrative of resilience and an enduring testament to the strength of Zambia’s democratic institutions.
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About The Author: Dr. Lawrence Mwelwa is a respected academician, a former Vice Chancellor, a politician and revolutionary writer.
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