The judiciary has discretion to accept or reject any application for consideration... solution to Self-inflicted rivalry within political parties like the spectacle in Zambia in 2014 does not belong in the courts: It is submitted that the recent over-judicialization and legalization of Zambian politics, an overly politicized society already, results in the perpetuation of massive injustice on the majority of Zambians. In many cases, judicialization and legalization of politics is a welcome measure of the depth of the rule of law but in the Zambian context, this process is injurious to the call of justice. When French Philosopher Alexis De Tocqueville visited the U.S. in the 1830s and observed the difference between French and American trends in the phenomenon of judicialization of politics, he regarded its development in the US as somewhat negative. He had no idea that in Zambia, this trend would crescendo into absurdity and pure madness. Self-inflicted wounds within political parties are inflicted on the judiciary to resolve. Presidential candidates within the same political parties can’t get their act together and end up slaughtering or outmanoeuvring each other, not in the political arena in which these disputes arise and must be resolved by political contestation and rhetoric, but in the courts where they shouldn’t and don’t belong. Political conflicts between political parties could be resolved in the courts but not intraparty conflicts. They do not belong in the courts. The judiciary must throw them back into the political arena with the contempt that they deserve. Granted political cases in court provide a lot of entertainment and dreams made in heaven for the media and free coverage and publicity for the engaged politicians. But this judicial political drama contributes to the face and presence of injustice for litigants who have been waiting for years for their cases to be resolved at the High Courts and Supreme Court of Zambia. Some prisoners have been waiting in detention for years without trial or awaiting decisions to be rendered at the High Court or Supreme Court. In the meantime, these people see political cases which could easily have been resolved within the political parties themselves, be filed one day in High Court and move quickly within four days to the Supreme Court and be resolved there usually in a flash. Justice delayed is justice denied but this phenomenon is not inflicted on the politicians who already are privileged, but generally on ordinary Zambians. The judiciary has discretion to accept or reject any application for consideration. The solution to Self-inflicted rivalry within political parties like the spectacle in Zambia in 2014 does not belong in the courts. Imagine if those judicial resources were spent on those who actual deserve justice and have been waiting for it for years, how sweet and meaningful it would be! By Dr. Munyonzwe Hamalengwa – Attorney at Law, Toronto -- zambianeye/archives/27218
Posted on: Tue, 30 Dec 2014 20:43:47 +0000
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