Mwenya Musenge says he is deeply saddened that the police have up to now not done anything about the case he reported over threats to his life by Edgar Lungu’s aide Kaizar Zulu.
But police say they are still studying the case and they will act at an appropriate time.
Musenge, a member of the central committee of the ruling Patriotic Front, reported Kaizar to Kitwe’s Riverside Police Station over two weeks ago after he phoned him and allegedly issued disparaging, intimidating and life threatening remarks.
“Kaizar Zulu, the political advisor to the President, phoned me on Monday night (Labour Day) at about 19:30 to be precise. He called me on his line 0977826222. He started by asking me if I had issued any statements of late and I told him, ‘Yes, I had issued a statement to The Mast newspaper and whatever I said is my conviction, it is in good will for the President, the party and this country.’ And then he started saying things…he warned me against issuing statements in the press, then he went further to say, ‘I am warning you, you will be sorted out if you continue to make such utterances’ and further said in Bemba that nakanyelele nga waka pimpila kalasuma (Even an aunt can bite if your provoke it).’ Then I asked him: ‘So who is the kanyelele here?’ And he said he was the kanyelele,” says Musenge.
“The precedence we are trying to set where certain individuals are perceived to be above the law in this country is extremely dangerous. They will never be touched…especially those who walk and move in the comfort of the presidency. They become untouchable and they can do anything they wish. This is extremely dangerous to our country. I speak with a very clear conscience as a Zambian because what this entails is that there are many people out there who have really suffered at the hands of such individuals who perceive themselves as very powerful and untouchable. There are vulnerable people who do not have a voice and they have suffered greatly at the hands of such individuals and I want to speak on their behalf. If it was an ordinary person who did what Kaizar did, this person could have probably been detained by now and would have even appeared in court.”
There’s no doubt Kaizar has gotten away with many criminal acts. He has pulled a gun on people, assaulted others, including a female police officer on duty, he has used insulting and threatening language without restraint on many people and gotten away with it. The Anti Corruption Commission has had to stop investigations against him after threats and intimidation. Kaizar is operating above the law. He is in total command and control of the police, the courts, the entire judicial process and all state agencies. Even military commanders take orders from him. Some say Kaizar even commands and controls his boss. How can such a powerful man be arrested? By who? He is above the law. Kaizar does as he pleases and there’s no law enforcement agency that can stop him, restrain him. And he boasts, brags about it.
But is this the way things should be? Will Musenge get any protection of the law? Is Musenge equal to Kaizar before the law?
The right to equality before the law, or equal protection of the law as it is often phrased, is fundamental to any just and democratic society. Whether rich or poor, political ally of the state or opponent – all are entitled to equal protection before the law.
The democratic state cannot guarantee that life will treat everyone equally, and it has no responsibility to do so. However, under no circumstances should the state impose additional inequalities; it should be required to deal evenly and equally with all of its people.
No one is above the law, which is, after all, the creation of the people, not something imposed upon them. The citizens of a democracy submit to the law because they recognise that, however indirectly, they are submitting to themselves as makers of the law. When laws are established by the people who then have to obey them, both law and democracy are served.
And as we have stated before, in every society throughout history, those who administer the criminal justice system hold power with the potential for abuse and tyranny. Those in power, their friends and associates, get away with all sorts of crimes, while their opponents are being arrested, detained and prosecuted on trumped up charges. No democratic society can tolerate such inequalities, discrimination and abuses. And again, as we have stated before, every state must have the power to maintain order and punish criminal acts, but the rules and procedures by which the state enforces its laws must be public and explicit, not secret, arbitrary, or subject to political manipulation by those in power.