Sata Can Interfere With Law, Says Lawyer

20 May 2011

A Lusaka lawyer has expressed concern on the pronouncement by Patriotic Front (PF) leader Michael Sata that he will deal with ‘plunderers and thieves’ if he is elected Republican president saying the move goes to show how the opposition leader would want to interfere in the operation of the law enforcement agencies and the judiciary.

Hobday Kabwe said the actual danger that is scaring many Zambians with Mr Sata’s pronouncements that he would deal with plunderers and thieves was that in case he ascended to the presidency he would not allow law enforcement agencies to independently conduct their investigations or the courts of law to independently assess accusations against the people Mr Sata had already judged thieves and plunderers.

Mr Kabwe, a senior private legal practitioner wondered in a statement released in Lusaka yesterday what would happen to Mr Sata and his followers if the courts found that the facts were contrary to the lawless statements he had been making in an event that he became Republican president.

“By his lawless ranting the cobra (Mr Sata) has already settled into the minds of his followers the obviously misleading notion of criminal law that the people he is calling plunderers and thieves are guilty until they should prove their innocence,” he said.

Mr Kabwe said it was only after the police, Anti Corruption Commission (ACC) or the Drug Enforcement Commission (DEC) had satisfactorily investigated such assertions that the prosecution could begin a trial in a court of competent jurisdiction which could result in a conviction. That was when Mr Sata could refer to such a person as a plunderer.

Giving his perspective of legal implications emanating from Mr Sata’s statement in view of the dangers confronting the nation in this year’s tripartite elections, Mr Kabwe said no amount of political rhetoric would whittle down this intrinsic position of criminal law of the country or any other civilised jurisdiction.

He said as a reminder to all associations with a mandate to seek the advancement of the rule of law and as a caution to all well meaning Zambians, the election of Mr Sata into office of republican president in this year’s general elections poses the actual danger of producing an unbridled despot akin to some renowned African dictators.

AllAfrica – All the Time