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Jay Jay Banda’s nolle is not surprising

We cannot even pretend that we are surprised at the fact that the Director of Public Prosecutions (DPP), or their operative entered a nolle prosequi in the matter of The People v. Jay Jay (is he Emmanuel) Banda.

The reasons are simple. The Patriotic Front, as a party and as a government, has turned itself into a huge lawless enterprise. They are conspiring against the people of Zambia and against common sense. The DPP unfortunately, appears to have joined the orgy of confusion. The DPP’s office is picking and choosing how to prosecute based on political party considerations. The painful matter, of course, is that while this thug walks to see another day, there is a group of UPND officials who have been arrested and are in jail without the hope of bail or a nolle.

They will stay in jail. And for them, there is no hope for a nolle, or a release, simply because they belong to the UPND party. This state of affairs is wrong and cannot be justified in our democratic nation.

The DPP, as an office, exists to serve the people of Zambia. It is not personal to holder position that drives and promotes the contaminated wishes of the Patriotic Front. If the DPP and their top officials are unwilling to discharge their duties effectively and efficiently, they should render their resignations so that they can spend their time on something that fancies their taste. Obviously, serving the people of Zambia is not on their menu. How on earth can a thug who went to a police station, ukuya ponona ba kapokola (beats up police officers) be given the luxury of an acquittal via a nolle?

How true could it be that there is no single witness to say how this thug stole, and assaulted the police officers? Ukuponona ba kapokola (Beating up police officers). This is the state of Zambia now. It is a state of thugs who are being encouraged by the reckless audacity of constitutional officeholders, including the DPP themselves.

We all know that Dr Edgar Lungu is shady and has no heart for the people of Zambia. All he cares about are his pockets. He refuses to act on 48 houses, and 42 fire trucks. He pleads ignorance when confronted with the dossier of corruption, taking place right under his nose. He doesn’t smell it. He does not see it. And he does not care. But to blame Lungu alone is not enough. This is not about Lungu alone. It is also about everyone who enables this environment of corruption to grow and ferment. All officers created under our constitution are responsible for this mayhem. If the DPP agrees or is reckless in being used by the PF to bring confusion, they should be told – that Zambians do not and will not tolerate Lungu’s corruption, and Zambians will also not tolerate corruption from the DPP or their surrogates.

As for the Police, we have had a lot to say about them and about how they are abusing their powers for the past articles. Just this week, the Zambia Police officers stopped Mr Harry Kalaba from appearing on a radio programme in Mpika. As if that is not enough, the Zambia Police officers refused to allow Mr Hakainde Hichilema to visit Mpika. Some reports suggest that PF thugs created in the image of Jay Jay Banda caused so much mayhem and threatened to physically beat-up Hakainde and his entourage in Mpika (I wonder what is going on in Mpika, but a by-election may be on the cards, who knows?). All of this was happening in full view of the Zambia Police. The same police that Jay Jay aponwene, they are the same police that stood by while the PF thugs harassed Mr Hichilema.

When such things happen, it is necessary to hear from the Head of State. President Lungu must speak out against his thugs. Since these thugs keep doing the same thing over and over; the president must keep condemning their behaviour over and over again. Otherwise, we will be forced to draw conclusions – that cimbwi pakulila, ninshi pali uko ashintiliile amatako (When a hyena persists with noise, then there’s somewhere it’s drawing strength from). These thugs are doing what they are doing because they know that they have significant backing right from State House. Perhaps that is why Jay Jay would assault the police, ponona the police, and yet walk away with a nolle prosequi.

Our commitment to the rule of law in this country remains firm, stable and erect. Zambians are not going to tolerate this kind of abuse from offices created under their Constitution. There is only one solution to all this mayhem – the DPP and the Zambia Police must be committed to the rule of law. The unadulterated rule of law.

The author can be reached at: elias@munshyalaw.com

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