It’s very clear that Dr Fred M’membe’s house in Mwika Royal Village was broken into by Lewis Mosho’s servant Robert Chabinga without a lawful court order.
On the orders of home affairs minister Stephen Kampyongo the police in Chinsali were forced to assist Chabinga to break into Dr M’membe’s house and steal, among many other things, footballs, Socialist Party regalia and foodstuffs.
To make himself relevant to the regime, Mosho is ready to capitalise on the political fears of Kampyongo and Edgar Lungu in Chinsali and engage in all sorts of illegalities. It should not be forgotten that as all this was happening, Dr M’membe was addressing a very successful political rally in Kitwe!
Mosho is not even ashamed to change his narrative. Last year he sent the same Chabinga to Mwika Royal Village to beat and chase people from the same house, saying he was taking over as provisional liquidator of The Post to recover legal costs awarded to him by the Constitutional Court. And he claimed to have placed a caveat on the house that is on Royal Bemba land without a title deed.
Today the same Mosho has come back with a different story. He is now claiming that they suspect the house has been acquired from proceeds of crime and they are investigating that. Does that allow Chabinga to break into Dr M’membe’s house and steal things?
This is lawlessness of the highest order.
Dr M’membe should report Chabinga to the police for criminal trespass and theft.
And he should also commence civil proceedings against Chabinga for damage to his house.
But how do they think all these illegalities and cruel actions will help to revive their declining political fortunes?
Zambia, under Edgar, is becoming analogous to the mess in lawlessness we used to see in Uganda under Idi Amin or Zaire under Mobutu Sese Seko.
When the law is suspended or unevenly applied for politically protected individuals and groups, then there is no law.
So we are now seeing the logical descent into the abyss of chaos.
In Sirach 21:3 we are warned, “Every lawless act leaves an incurable wound, like one left by a double-edged sword.”
The rule of law is a principle of our Constitution that means politicians govern within their powers, the law applies equally to all and that the law is certain.
The law must be accessible, clear and predictable.
And questions of legal rights should be resolved by the law and not the exercise of discretion.
The law should apply equally to all, except where objective differences justify differentiation.
Ministers must act within their powers and not exceed their limits.
The law must afford adequate protection of fundamental human rights.
The law should provide access to justice, especially where people cannot resolve inter-personal disputes themselves.
Courts and tribunal processes should be fair.
Equality before the law is a fundamental concept of our legal system which must not be ignored.
All who administer our criminal justice system must do so without fear, favour, affection or ill will. And they must treat all parties fairly regardless of political affiliation.
Honesty and fairness should be the hallmarks of their conduct. Paternalistic or patronising attitudes should have no place in our law enforcement.