Transparency International Zambia (TI-Z) has been following the discourse on forest 27 with keen interest. TI-Z is on record as having issued a number of statements demanding for appropriate answers to be given to the Zambian people on the issue of forest 27, including an appeal to President Edgar Lungu to cancel all offers of land in forest 27 and ensure that partial degazetting of forest 27 is reversed in order to protect and preserve the forest.
TI-Z is also aware that there is currently an active matter in court being pursued by concerned Zambians, where all title deed holders with land in forest 27 were advised to surrender their title deeds to the Ministry of Lands and to stop all developments in the area. We are also aware that based on these concerns, Her Ladyship the Chief Justice was supposed to set up a tribunal to investigate Minister of Lands Hon Jean Kapata over the unconstitutional and illegal allocation of land to herself and other politically connected persons, pursuant to section 13 (1) of the Parliamentary and Ministerial Code of Conduct, Act No. 35 of 1994.
Unfortunately, it appears to us that the government through the Head of State has not given much prominence to this case as can be seen by the business-as-usual attitude exhibited by all concerned parties including the Deputy Chief Justice who was delegated by the Chief Justice to constitute a tribunal to look into this matter.
It is against this background that we want to underscore that the continued failure to deal with this issue by setting up a tribunal is not only unfortunate and lacking any legal basis, but also brings into question government’s commitment to promote accountability and transparency in the management of public affairs. Furthermore, this continued failure by the Deputy Chief Justice to constitute a tribunal all but confirms the long-held perception among Zambians that our Judiciary does not just lack independence but is also unreliable when it comes to ensuring that justice always prevails in matters of public interest.
We would like to remind the Judiciary that tribunals are an important ingredient for judicial independence in any democratic dispensation and where they are constituted to check the excesses of members of the Executive, they can help to enhance the principle of separation of powers among the different arms of government. Tribunals also promote transparency, accountability and integrity in public service as they serve as deterrent mechanisms for would-be offenders holding ministerial or public offices, reminding potential offenders that they are not above the law.
Our clarion call therefore, is for the Deputy Chief Justice to quickly constitute a tribunal that will look into the issues of forest 27 regardless of who the beneficiaries are. His allegiance should be to the Zambian people rather than protecting the selfish interests of individuals. His failure to set up the tribunal not only sets a bad precedent for the Judiciary, but also lends credence to the many fears that Zambians have that the Judiciary has been captured and cannot protect the masses from the corrupt few.
Reuben L. Lifuka
Chapter President
