THE cartel is deep. Very deep.
That is why we have said that fighting the cartel is not for the faint-hearted. It requires courage, determination and most important of all resilience because the battle will be long and bruising but ultimately the truth, propriety and justice will prevail no matter how long it takes.
The cartel has roots in the judiciary, executive, oil supply chain, Cabinet Office, intelligence including the legislature itself and that is why every effort to rectify the system will be fought by individuals who have been strategically positioned in the various arms of Government who serve as “sleeper operatives” that only awaken when required.
It is clear that unless this cartel is excised from the body politic by its very roots the future of our democracy is in serious jeopardy.
The cartel “sleepers” are carefully spanned throughout the entire system of governance, thereby making their eradication not only difficult but a hazardous exercise.
Under President Sata, the cartel was able to place people in specific areas of influence, in the expectation of assuming power, which eluded them. However they continue to manipulate and control instruments of State sower which they hope to use to come to power in 2016.
That is why it is important for the Patriotic Front to take control and enforce a strict separation of power.
The principle of the separation of powers, variously called trias politica, is intended to ensure that the various arms are not only specialized but also enjoy independence from the other.
The power of judicial review granted to the courts of law is not intended to usurp the authority of other decision-making arms, but rather to test the foundations on which such decisions are made.
The basic understanding is that no branch of Government should exert power and control over any other branch without due process of law. This means that the judiciary cannot overrule the executive without due process of law.
Courts of law are allowed to test the legality and rationality of administrative decisions. They may offer relief where a case is made for such relief. But they cannot supplant or usurp the authority of the decision-making institution. Often relief may be offered after the matter has been heard on its merits after judicial review has been granted and inter parte hearing has been held at which both sides are heard.
It is not the role of judicial review to make a determination on its merits or reverse a decision.
It is inconceivable that a stay of execution can be obtained against a constitutional office such as the Presidency because the Constitution as the case in Zambia is protected by Article 44 which gives the President the power to act in his, “own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority”.
This is because the President as Head of State performs his functions, and does, “all acts necessary or expedient for, or reasonably incidental to the discharge of the executive functions of government ……”
The tragedy in Zambia is that a few individuals have over the years developed a familiarity with political authority and in the process have been able to usurp political power which they have used to “stalk bore” other arms of governance, thereby destabilizing the system and making governance impossible.
That is why it is very important that the Patriotic Front Government works hard to regain control and ensure that the various arms of Government operate in accord with the law and the dictates of the separation of powers under the Constitution.
The failure of this system can be seen in the manner in which former heads of state were made to lose power and become subject of prosecution in fluid movements often without regard to the constitution because the various arms were virtually merged.
Time has come for propriety to prevail.