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CHARGING OF MUNDUBILE AND MAKEBI ZULU: LET THE LAW TAKE ITS COURSE

The Editor Zambia

The charging of National Reconciliation Party for Unity and Prosperity (NRPUP)/ Tonse-Pamodzi Alliance presidential candidate Brian Mundubile and his running mate Makebi Zulu with seditious practices has triggered an avalanche of condemnation from politicians, traditional leaders, media commentators and individuals who appear to have suddenly appointed themselves lawyers overnight.

Within hours of the announcement that the two had been arrested and jointly charged, the chorus of condemnation began.

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Some commentators rushed to pronounce the charges politically motivated. Others questioned the police action as though they had already examined the evidence in the case.

Traditional leaders and media platforms joined the debate, while social media lawyers began issuing their own judgments from behind keyboards.

But Zambia is a country governed by law, not by the loudest voices on radio, television, newspapers, or social media.

The police have formally arrested and charged Mundubile and Zulu with an offence under Section 57 of the Penal Code, Chapter 87 of the Laws of Zambia.

According to Police Assistant Public Relations Officer Timothy Malumo, the two were arrested and subsequently returned to Mukobeko Maximum Correctional Facility pending further police procedures and their appearance before court.
That is the position.
Everything else at this stage is commentary.

There is something deeply troubling about the speed with which some people have transformed themselves into prosecutors, defence lawyers, and judges simultaneously.

Before the evidence has been tested in court, they have already decided that the charges are either legitimate or illegitimate, politically motivated, or justified, depending largely on their political loyalties.

This is precisely the culture that Zambia must move away from.
If Mundubile and Makebi Zulu believe that the charges are unlawful, they have every right to challenge them through the courts.

If lawyers believe that the police have violated their clients’ rights or that the charge cannot stand, the proper place to make that argument is before a competent court.
That is what courts are for.

Traditional leaders also have an important role in society, but that role should not be confused with judicial authority. Chiefs command enormous respect within their communities, and their voices matter in matters affecting national unity and peace.
But they should equally encourage citizens to respect the institutions established by the Constitution and the law.

The same applies to the media. A newspaper, radio station, television channel, or online publication is not a courtroom. Journalists have a duty to investigate, question, and scrutinise government action, but they must also distinguish between reporting allegations and delivering verdicts.

The temptation to turn every arrest of a politically prominent individual into evidence of persecution must be resisted.

Mundubile and Makebi Zulu are entitled to the presumption of innocence. That principle protects them. At the same time, the police and prosecution authorities are entitled to investigate suspected offences and bring charges where they believe the law has been breached.

Both principles can exist simultaneously.
The irony is that many of those condemning the arrests are demanding respect for the rule of law while simultaneously refusing to allow the legal process to run its course.

Zambia cannot have it both ways.
If the charges are baseless, the courts will have an opportunity to determine that. If the prosecution has a case, it will have to prove it according to the law and the required standard.
Until then, the country should lower the temperature.

Political disagreement is legitimate. Criticism of the police is legitimate. Questions about the application of the law are legitimate. But declaring a legal process guilty before it has even reached court is neither responsible journalism nor responsible citizenship.

Mundubile and Makebi Zulu should have their rights protected. The police should conduct themselves within the law. The prosecution should present whatever evidence it possesses.

The courts should be allowed to do their job without pressure from politicians, chiefs, journalists, activists, or social media commentators.
Zambia does not need overnight lawyers.

It needs respect for the law.

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