Africa, there is a growing trend of prosecuting former presidents, which is stiffening resistance to democratic transitions. It creates dictators who cling to power and impede fresh ideas.
The list is long. Zimbabwe’s Robert Mugabe, Equatorial Guineas’ Teodoro Obiang Nguema Mbasogo, Angola’s Jose Eduardo Dos Santos, Congo Republic’s Denis Sassou Nguesso, Uganda’s Yoweri Museveni and Swaziland’s King Mswati III. All have ruled for more than a quarter of a century.
Zambia’s former president Frederick Chiluba gives the thumbs up outside the Magistrates Courts on Febrauary 15, 2008 in Lusaka after the court ruled today that Chiluba should face a corruption trial in May. Chiluba would have to show cause why he should not be convicted on charges of theft of public funds and abuse of office, prosecutor Mutembo Nchito told AFP after the ruling by Lusaka Magistrate Jones Chinyama.
Political commentators say that some leaders who come from poor backgrounds are tempted to hang onto power for fear that poverty awaits in the unknown.
Zambia appears to be a dangerous country in which to step down from power. It is also the only country on the continent where nearly all of its ex-presidents have been investigated and prosecuted. The only exception was Levy Mwanawasa, who died in office.
This is a precedent that is worrying both democratically and economically for Zambia and its people.
Weaknesses in Zambia’s institutions have resulted in abuse of power and malpractice. Lack of enforcement by these institutions to bring culprits to book has also resulted in the embezzlement of coffers.
“The Zambian legislation has major constraints but our leaders don’t care and continuously use immunity to abuse office. What should happen is that the use of immunity should be detected and whoever is involved should be prosecuted. They should not wait until leaders vacate the office for charges to be brought against them,” says economist, Oliver Saasa.
Zambia, like many African nations, has suffered a dearth of democracy since gaining statehood. Independence leader Kenneth Kaunda created a one-party state, which took 27 years to overturn.
Kaunda was voted out in 1991. His successor, former labor leader Frederick Chiluba, left office voluntarily, though under a cloud, after being accused of corruption and abusing the political process. The next two presidents were members of Chiluba’s Movement for Multiparty Democracy, but in 2011 Michael Sata of the Patriotic Front (PF) defeated incumbent Rupiah Banda.
All these leaders have ruled with immunity, accessing treasury funds and misusing the country’s resources. This has led to the investigation and prosecution of the leaders. Commentators see only one way out.
“The best thing for Zambia will be if a head of state commits a transgression that the constitution does not support, then they must be impeached. Parliamentarians must be of moral high ground and should protect the constitution and not act on political alignments and impeach corrupt leaders,” says Saasa.
Zambia’s President Levy Patrick Mwanawasa addresses the 62nd UN General Assembly at the United Nations, 26 September 2007. AFP PHOTO/Emmanuel DUNAND
Sources in Zambia say elected leaders should be above board. People seeking presidency must be able to translate the constitution and use it well in leading a nation instead of using it to quell opposition. They say Zambian leaders should remember that no one is above the law.
After leaving office, Kaunda clashed frequently with Chiluba’s government. He planned to run against Chiluba in the 1996 presidential election, but withdrew after constitutional amendments were passed, rendering him ineligible. In 1997, Kaunda was arrested on charges of inciting an attempted coup. He was released six days later, but placed under house arrest until a court case in June 1998 in which all charges were withdrawn. Famously, he grew a white beard in protest against his incarceration.
From 2003 onwards, after his departure from the presidency, Chiluba was arrested and charged with corruption. Subsequent long-running trials were dogged by adjournments and procedural problems. In March 2013, Rupiah Banda was charged with abuse of power shortly after being stripped of immunity.
But what does the future hold for Zambia’s leaders?
The Sata government is increasingly using its powers for ill, in the way previous heads of state did, with opposition leaders arrested, youth meetings banned, political rallies blocked by riot police, allegations of judicial interference and ministerial corruption, smear campaigns in government media and lawsuits against journalists.
Opposition figures complain that Zambia’s leadership is dragging the country back to a one-party system. Saasa says that Zambia is deteriorating by the day and being run like a dictatorship.
“Zambia’s previous governments have failed to respect the rule of law, which is very dangerous to citizens, and it is clear from recent conduct that officials of the PF government regard themselves as above the law, which may lead to investigating the president and his officials after their end of rule,” says Saasa.
It is difficult to judge the legitimacy of any particular legal charge but so far, the government’s effort to bring corrupt leaders to face the law has led to few trials and convictions. Simply claiming an offense can inflict political and economic damage and discourage further public involvement.
“In our case, a bad piece of legislation has contributed to bad governance. Investors will not want to come and invest in a country where leaders don’t adhere to the rule of law. Economic and political stability is key and if the head of state is questionable in his leadership and dealings, investors will be jittery about investing in such a country; and Zambia is such a country right now. With these weak institutions it means that you are at war with your own citizens, regional bodies and trading blocs, as well as an international community that includes donor agencies. This is not good for Zambia and it is causing a lot of problems,” says Saasa.
There has always been existential threat to the rule of law and judicial independence in Zambia, resulting in ruling with immunity. Recently the PF pledged to fill the judiciary with its members and Sata suspended three judges hearing a case involving the Post’s owner and editor, Fred Mmembe.
Wynter Kabimba, the justice minister, complained of a dictatorship of the judiciary which needed to be nipped in the bud. He even threatened to dissolve the judiciary.
“Zambian leaders have been tasked and trusted by the electorate to look after their resources but the leaders have used impunity to misuse such resources and for that they must face the law. I think what Zambians want is a more present system of an oversight. An oversight that is strong regardless of political alignment, one that can detect current leaders’ abuse of office. They must be given power and authority by the constitution to charge a seating president with malpractice,” says another political commentator who asked not to be named.
Laws must give oversight institutions, like the anti-corruption authority, power to detect, arrest and charge leaders involved in abuse of office and corruption. Zambia should start thinking of doing away with impunity because it will be the only way to deal with corrupt leaders. We must have a transparent system that is open and follows the rule of law.
Ironically, while candidate Sata campaigned against claims of past MMD corruption, he has impeded investigations of its own members. He insists that the Anti-Corruption Commission receives his permission to investigate cabinet members.
“Given this government’s established pattern of using violence and ethnic hate speech as a political strategy, we should be very concerned over what could happen next,” says Saasa.
Zambia is no dictatorship, but the trend is worrisome and goes beyond the tendency of all politicians everywhere to manipulate power to their advantage. Zambia’s leaders should peer into the future and resist the authoritarian tendency. All sides should agree to circumscribe powers which can be abused by any party in power. Otherwise the future for Zambia could be very bleak indeed.