The doctrine of the Rule of Law, as formulated by A.V. Dicey, emphasizes the supremacy of law, equality before the law, and the idea that justice must not only be done but should be seen to be done. In Zambia, while the constitutional and legal framework ostensibly aligns with these principles, significant shortcomings in practical implementation have manifested over the years, undermining the effectiveness of the Rule of Law.
Key Shortcomings in Zambia's Implementation of the Rule of Law:
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Executive Overreach and Abuse of Power:
- The Zambian government has at times exercised excessive power, undermining the independence of the judiciary and the rule of law. For example, during the presidency of Edgar Lungu, the use of the Public Order Act was criticized as a tool for political repression. The opposition was often denied permits to hold public gatherings, leading to accusations of selective enforcement of laws depending on political affiliations.
- Example: In 2016, the opposition United Party for National Development (UPND) was frequently denied permits to hold rallies, which was viewed as a strategy to silence dissent and maintain political control.
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Judiciary Independence:
- While the Zambian Constitution guarantees judicial independence, there have been instances where the executive has interfered with judicial processes. Judges have faced pressure regarding high-profile cases, resulting in concerns about impartiality and fairness.
- Example: The case of the Constitutional Court’s ruling on the electoral petition in 2016 highlighted this issue. The court was seen as politically influenced, leading to widespread protests by citizens who felt denied justice regarding the electoral process.
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Corruption:
- Corruption pervades various levels of government and law enforcement in Zambia, undermining the principle of equality before the law. Resources intended for legal processes or public services can become misallocated, favoring those with connections or wealth.
- Example: Reports by Transparency International Zambia have shown that corrupt practices among law enforcement officers often result in unequal treatment under the law, where the poor remain vulnerable to abuses without recourse.
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Access to Justice:
- Many Zambians, particularly in rural areas, face significant barriers in accessing legal resources and representation. Legal aid is often insufficient, making it challenging for marginalized communities to assert their rights.
- Example: According to a 2019 report by the Zambia Law Development Commission, many citizens are unaware of their rights and the legal recourse available to them, contributing to a governance structure in which the Rule of Law is not fully realized.
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Human Rights Abuses:
- Instances of police brutality and human rights violations have been reported, raising concerns about the commitment to upholding the rule of law. When law enforcement agencies operate with impunity, it erodes public trust in the justice system.
- Example: The forcible arrests and detentions of political activists, such as the arrest of UPND leader Hakainde Hichilema in 2017, stirred international attention and accusations against the Zambian government regarding the protection of civil liberties.
Conclusion
While Zambia has a relatively robust legal framework that aligns with the principles of the Rule of Law according to Dicey, the practical implementation is marred by political interference, corruption, and systemic inequalities. These issues contribute to a governance environment where the Rule of Law is not upheld consistently, leading to undermined public trust and potential instability. Efforts to strengthen institutions, increase transparency, and promote accountability are essential for fostering a genuine Rule of Law in Zambia.
Addressing these issues would require concerted efforts from civil society, legal reform initiatives, and strong political will to ensure that laws are applied equitably and justly.
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