To : The Chief Judge of the Republic of Zambia
From : Conscious Objector, Citizen of the Republic of Zambia;
Name: Collins Shamboko Tembo
Address: 17 Mosi-O-Tunia Road, Kalulushi
Dear Your Honour,
The most cherished Chief Judge of our Sovereign Nation State, Land of Zambia, proud and free, and our ancestors home. Your Honour, you are the keeper of our Constitution, Our Law and you guard the orderliness in accordance to our law, you are not just heading the system of justice, but you also see to it that the fairness in accordance with our Laws is upheld by any citizen of the Republic of Zambia. You ardently uphold that everyone is free before the courts of law until he or she is proven otherwise. In addition, Your Honour, you punish those who pervert the course of justice and ridicule our Laws by choosing to act otherwise. My writing to you, Your Honour, is to try and defend our constitution from those who have no respect for our laws and they have no respect for mathematics in particular addition that is summing up or totaling. All in all, Your Honour, our laws have put us together as a social society which is the great end of any humans. Zambia is our great peaceful Nation since David Livingstone; the Scottish Explorer set his foot on our land and prayed for the continued peace and tranquility that prevailed in our territory and still does though some of us lost our fathers since our independence through politics. It was the game they choose and your Honour any game must have rules and limits which must be obeyed by all the players. Though they say that the reference’s decision is final, a serious review ought to be done later and set the system on the right path.
Zambia is indeed in the sun since we got our independence from the colonial muster or even before the British Empire which experienced the sun shine everyday in her territory and that Victorian attire which was just as wonderful as our Victoria Falls or the smoke that thunders, the Mosi-O-Tunia which we do not know when it was curved. In short, the Empire never lacked sun-shine upon the earth because it covered almost the whole surface of the earth. The waters and the lands upon the earth, was the stretch of this Great British Empire. The Empires’ desire was to give knowledge to us the people within her territory that included Northern Rhodesia now known as Zambia besides them enjoying our sun shine. Our Earthly sun shine, indeed. The muster was well vested with knowledge and that they knew that they could not easily impart sense to a people who were not ready or did not appreciate sense at all as seen by our altitude towards our own constitution which is not British but the very Zambia our own. The British then, devised methods of divide and rule, and oppression to force desire for knowledge in the minds of these people, our ancestors, to develop. It appeared as though the people living then were not aware of their existence and the impending coming of events especially from the Berlin Conference that partitioned Africa to be the way we are now. Hence, protectorates and colonies were created for the so purpose of education and occupation and in some case it meant extermination of the Africans as was seen in Belgium-Congo where King Leopard owned the land as his personal property and ardently ordered his soldiers to account for every single bullet that was given to each soldier. Roughly that is part of our background history and not forgetting those Africans taken as slaves to other distant places on this planet called the earth.
Our national independence fathers, our freedom fighters of our nation Zambia had fought hard the oppression of the colonial authority with its variegated rule based on colour or human skin pigmentation. We vehemently rejected their kind of rule. Now we seem to be slowly and definitely sliding into a nation of slander and deceit and thinking that Zambia is a big elephant caucus as it was alleged in Ghana during Mr. Nkrumah’s era and Ghana passed through untold misery. Now, let’s look at ourselves, cheating is slowly becoming a norm, a standard as a nation that fought oppression before. A nation Zambia that has hosted refugees should be the first to understand that toying with the law can be increasingly dangerous. A nation that has seen other African countries slide back into self infliction of pain and suffering whereby bringing untold misery to their own populous people. The fighting for liberation with God’s intervention that led our nation to independence in the year 1964 seems to be coming meaningless and decadent. But we are a people who know what oppression and non respect of the law can do to a society. We have no excuse but to stop this behaviour and be sensible and accountable in our conduct and respect of our laws since we have seen else were what is happening. Are we fed up with self rule and we want rule by the third party. No! Otherwise formation of society is rendered useless if people themselves cannot respect their own hand written laws. The nation, Zambia was born then and all the freedom fighters were happy at independence. The nation had passed through, what I would call, oblivious governance until we went back to Multi-Party Democracy in 1991to create an whole embracing governance of the people of Zambia, to the people of Zambia, from the people of Zambia as it was in 1964 up to 1968 when we had only a hand full of graduates, about 150. At present time, we have more graduates and we are failing even to give them jobs simply because of lack of good national planning. All we are doing is to satisfy our personal ago and others are third rate individuals and their victory can be stolen even in bright Zambian sun shine with the ardent eyes of Judiciary wide open and awake. Unfortunately, it is very easy to learn bad habits than good ones. Hence, we are becoming too clever by half in the cleverness of deceiving others in order to disadvantage them because they are not in the system. An example would be like changing the law four hours before midnight at Mulugushi Rock of Authority by the then One Party System that in the morning they would be voting for a Party President. Indeed, this was not sincerity on the part of our freedom fighters themselves who of course had a right like any other citizen of Zambia to rule the country. We have had other elections under Multi-Party Democracy and we expected the system to have improved in terms of holding democratic free elections. But it seems croak and nail is taking the tall.
Your Honour, the Great Lion, (not old Lion), Mr. Harry Mwaanga Nkumbula, once said that a river that does not guide its flow winds a lot, in the end it will be filled with silt and there will be no flow. Just like a child who does not learn from elders will no doubt bring sham to his family or to his country. Are we now choosing sham in our own country by stealing the will of the people? A normal person can never sit down and pretend that it never happened. It is only those people who are too clever by half who would do just that because they where and they are the product of corruption and they have no respect for the rule of law. Mr. Woodrew Wilson, US President during the Second WW said, “Self-government is not a mere form of institution to be had when desired, if only the proper pains are taken, it follows upon the long discipline which gives a people self-possession, self-masters, the habit of order and peace and common counsel, and reverence for law which will not fail when they themselves become the makers of law.” Now in our country, the makers of law are the first to break it. We all know that the principle of democracy is that the law must deal fairly with every person. Unfortunately, our democracy today, Your Honour, is like being in a bath tub where you turn the water a little bit hotter at a time and then you burn yourself to death without realizing it because the increments are infinitesimal that the body does not feel it. Indeed, it might appear to be like an innocent act. But where are our principles of State morality where people can see clearly that figures are not adding up and the organization entrusted with the elections did not distribute the famous G12 Forms which is a requirement by law and this happened within Lusaka? And not in Imosho, Kasempa, Chavuma nor Petauka, but in Lusaka, Your Honour. All those people who feel that they are tired following the laws of Zambia should resign. It is not a crime to resign. No State is wrong, but it is the people repose in it who are found wanting. Our government is meant for law abiding individual citizens and not those who came from places where laws are nonexistent. Your Honour, you have a much bigger task to see that our laws are respected.
Your Honour the learnt Chief Judge, the Former President of the Republic of Zambia did not step down during the petition in August 2016 when our law demanded just that for the ConCourt to commence, but he did not step down in full view of your understanding our law. Hence the ConCourt did not commence the proceedings. Whose problem was this rather impunity? Don’t you think, Your Honour, as the Keeper of Our Law, The Chief Judge that our Constitution remains suspended to date because of that act of disobedience to our Constitution, though of course I understand its continuity as shown below Article 3 which to me seems like a window dressing. It is impossible to eat a cake and have it. Our Zambian Constitution is very clear indeed; If some people can disobey our constitution and it is cooking oil, what would prevent others from doing the same. We all love peace, but peace must be respected by all of us by following our constitution. Zambia has only one constitution and it is called The Constitution of the Republic of Zambia. Maybe there is a constitution of the ‘republic of state house’. You may enlighten me. But I am sure that Zambia is a unitary Nation State with only one singleton constitution, our laws for which our society is known for.
Let me hasten to say that you have accorded me, Your Honour, the rear privilege and I write part of it though they say that the lucky of somebody else, especially those who have broken the law, may not be mine.
And I quote, with impunity too:
SUPREMACY OF CONSTITUTION
- (1) This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent
Of the inconsistency.
(2) An act or omission that contravenes this Constitution is illegal.
(3) This Constitution shall bind all persons in Zambia, State organs and State institutions.
(4) The validity or legality of this Constitution is not subject to challenge by or before a State organ or other forum.
(5) A matter relating to this Constitution shall be heard by the Constitutional Court.
- Every person has the right and duty to—
(a) defend this Constitution; and
(b) resist or prevent a person from overthrowing, suspending or illegally abrogating this Constitution.
- The operation of this Constitution shall not be affected by an unlawful act to overthrow, suspend or illegally abrogate its provisions.}
Your Honour, The Chief Judge of our land Zambia, our keeper of our laws, our own unitary nation state with our constitution law, plain and as clear as it was written and signed in public at Heroes’ Stadium in Lusaka and in your presence and other dignitaries. By Heroes, here, we mean those gallant persons we lost off the coast of Gabon who were on their way to Senegal during the FIFA World Cup qualifying games and indeed it can include any other who is on national duty like myself or yourself Your Honour, and he or she competently does the job. I feel that the true government was overthrown by the Former President with the help of State House, Judiciary and the Security system of Zambia and this is why the Former President was supported not to step down and give Power to the Speaker as the constitution commanded concurrently after the partition was accepted by the ConCourt.
(“The great end, for which men (or women) entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England (and indeed Zambia), every invasion of private property, be it ever so minute, is a trespass… If no excuse can be found or produced, the silence of the books(constitution) is an authority against the defendant, and the plaintiff must have judgment.”)
(John Locke; the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law (stealing), while the state may do nothing but that which is authorized by law (free and fair elections).)
Your Honour, an individual means a person and the State, a group of individuals; the only time when a public law can be broken is by a court order. In this regard, Your Honour; Did the Judiciary issue a court order that my private property be run-sacked by the State machinery in support of the Former President which was supposed to uphold the rule of law in the August 2016 elections. My vote in August 2016 election which is no doubt, Your Honour, my private property and was misplaced by the State into the waist basket and the miscalculations of my vote, raised my eyebrows, by the Electoral Commission of Zambia.
I wander what precedence we are setting. Are we saying that the State after an oath and asking God for help can just do anything outside the law and get away with it whereby we defeat the purpose why society is created by men and women? Because of Article three above, maybe the Judiciary cannot do anything but accept illegalities. If so then we will continue with illegalities. Is that the society you dream for, Your Honour? Certainly not. Where is the constitution of illegalities? There is none. We only have one legal law which is signed by a President of Zambia and that means every citizen must follow it. Besides only a law abiding citizen of Zambia can become a President. Mr. Howell says. “A president, in principle, could write whatever they want in an executive order, but it would be wrong to conclude that president can remake the political universe in his image,” he asserts. “There are meaningful institutional checks that apply.” Your Honour, which one is our institutional checks to make sure that Article three above does not support illegalities. No doubt, Your Honour, this is your job. If you relax, eventually confusion will issue out among our fellow Zambian citizens. We should not forget that Zambia is a constitution nation state right from its birth in 1964.
Our Constitution does not segregate fraternity or brotherhood or religion though Zambia has been declared a Christian nation. That is Christ Followers. Christ followed what his father had send him to do here on earth. Our leaders are failing to follow our constitution which they under signed themselves even with wrong date. Among other things, our Constitution guaranties the freedom of association. But we are happy getting the moneys from IMF, World Bank or indeed from European Banks, but we are oblivious on who started those banks. You have the right to enjoy their money, but they do not have a right to be leaders because they belong to a fraternity or brotherhood contrary to our constitution which guarantees freedom of association. It has just become a trend-able situation and a person can draw a straight line since the time Mr. Mazoka’s victory was snatched away from him simply because he was accused of belonging to the fraternity brotherhood. Now again victory was stolen from Mr. Hakaide who also was accused belonging to the same. Therefore, Your Honour, it is clear that there is segregation not by skin colour but this time by brotherhood or belonging to a fraternity or by association. Is it an offence to belong to a fraternity? If so, the Constitution should say so. But the constitution does not. What about those who abrogate the constitution, they are let free, it is cooking oil. How can Ministers exist when parliament is not there and the Judiciary accepted that terrible misnomer. Do we have lawyers in this country or maybe we only have law breakers and they masquerade as lawyers. Is this justice? Maybe we should change the name of Ministry of Justice to Ministry of law breakers.
Your Honour, show the people of Zambia what justice is. We know injustice and we are familiar because we passed through it. But most of all we are yawning to see fairness in our lovely sun shine country called Zambia.
I am hereby appealing for an Appeal Court to look into the matter.
Your Ladyship Chief Justice of the Republic of Zambia.
Collins Shamboko Tembo
Citizen of the Republic of Zambia
One Zambia, One Nation with one Constitution to be respected by all citizens.
And no one, absolutely no one is above the law
Cc The Chief Judge Of USA, Washington DC; Care of The President, His Excellent Mr. Donald Trump, your Excellence
Cc The Chief Judge of Great Britain and Northern Ireland; Care of Her Majesty Queen Elizabeth II
Cc The Chief Judge Of Australia; Care of The Prime Minister, Mr Malcolm Turnbull
Cc The Chief Judge of Canada; Care of the Prime Minister, Mr Justin Trudeau
Cc The Chief Judge of the Commonwealth; Care of the Secretary -General,
Cc To all sensible human beings