We have a duty as Zambians to give to ourselves a judiciary that is credible, impartial, reliable and free from the political confusion that has characterized the ruling party.
As a Christian nation we worship a God who is just, fair and equitable.
It is this same God who admonishes us to be equally just, compassionate and fair with those we deal with, regardless of the station in life.
Clearly some of the decrees that have been issued in this country are far from being just and fair.
The God we worship expects the highest possible standards from our earthly Judges who must dispense justice with fairness and a sense of proportion in accordance with the rule of law.
The rule of law should not be the rule of laws without consideration for the social, economic and political context in which the laws are applied.
Our Judges, just like our church leaders have a duty to apply the law and to develop it.
Legal experts and moralists have clearly stated that “There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority—perhaps even the obligation—to refuse to enforce laws that they determine unjust.”
Zambians including opposition parties, like the proverbial widow in Luke 18 have been praying for justice and fairness from the bench especially in cases where the adversary has been the state.
They have stood awed, dumb founded as petitions and cases brought by the state have breezed through the courts while their own cases have either stagnated or failed to take off at all. For political cases the state has instituted special sittings of the High Court while opposition appeals for justice have stagnated.
“Grant me justice against my adversary.” They have cried with little success, putting their hope in faith.
Faith they must keep “For he is a God of justice, who knows no favorites. Though not unduly partial toward the weak, yet he hears the cry of the oppressed. He is not deaf to the wail of the orphan, nor to the widow when she pours out her complaint; Do not the tears that stream down her cheek cry out against him that causes them to fall? He who serves God willingly is heard; his petition reaches the heavens. The prayer of the lowly pierces the clouds; it does not rest till it reaches its goal, nor will it withdraw till the Most High responds, judges justly and affirms the right.
Our own Bishops have taken issue about some matters that have been adjudicated over. They have criticized unnecessary by elections which are a political campaign by the ruling party.
Almost invariably the main grounds of nullification have been donations of relatively small amounts of money compared to the amount of money that the Government subsequently spends in the resulting by elections.
If anything the ruling party which has caused the by elections spends hundred times more campaigning in the resultant by elections.
The Bishops have lamented the vast sums of money that have gone and continue to go into holding of by elections. They have demanded a constitution that will preclude such wastage.
The Judiciary cannot be a silent and insular observer to abuse of power, misplaced litigation and outright corruption, through the abuse of political power.
The Judiciary must be the strongest, reliable and resilient institution that must be the bastion of wholeness, morality, and integrity to which all Zambians can turn.