The Autonomy of Law Enforcement Agencies in Zambia

Police officers and DEC officers at DEC headquarters following the arrest and charging of former President Edgar Lungu’s wife, Esther, daughter Chiyeso, and Charles Phiri for money laundering and possession of properties suspected to be proceeds of crime in Lusaka on Thursday 30th May 2024-Picture by Chongo Sampa

Guest Diggers

Police officers and DEC officers at DEC headquarters following the arrest and charging of former President Edgar Lungu’s wife, Esther, daughter Chiyeso, and Charles Phiri for money laundering and possession of properties suspected to be proceeds of crime in Lusaka on Thursday 30th May 2024-Picture by Chongo Sampa

Ensuring that law enforcement agencies are autonomous and free from political interference in Zambia is critical for fostering an effective governance system and enhancing public trust in these institutions.

CAN LAW ENFORCEMENT AGENCIES BE AUTONOMOUS IN ZAMBIA?

Yes, we can have the law enforcement agencies that are autonomous and free from political interferences.

However, before exploring the strategies that we can implement to free these institutions from political interferences.

We must ask ourselves the following questions:

1. Why is corruption among politicians so rampant and no arrests made until they leave office?
2. Why do politicians flout the law with impunity and no arrests made until they leave office?
3. Why are previous Constitutional Court judgements being challenged?
4. Why is it that law enforcement agencies are not hesitate to arrest Citizens and Ex- political leaders but are so reluctant to arrest incumbent political leaders and their allies?

The answers to these questions stem from the fact that our law enforcement agencies lack independence and mainly operates under political influences and this is not just happening now.

We have witnessed these Institutions becoming biased in their actions and judgements during UNIP, MMD, PF and now UPND government and worse enough the principle of separation of power in Zambia is merely on paper.

We have created a culture where politicians and their allies appears to be more superior citizens and act like they are above the law and all we could say is ‘they will be held accountable once they leave office’.

Really! Is this the culture that we want to create for this country?

We have a duty as citizens to standup and speak against this cultures and put an end to political interference in these law enforcement agencies, we must advocate for these institutions to operate freely and independently for the best welfare of this nation!

To end this culture and achieve the autonomous and independence in these law enforcement agencies, we therefore propose the following strategies to be implemented by the current and all future governments in this Country:

Enact laws that will enhance the independence and autonomy of all law enforcement agencies and incriminate any political interferences: This is the only way the law enforcement agencies will be able to investigate, arrest and deliver just judgement to citizens without fear or favor.

Enact laws that will clearly define the operational mandates of the law enforcement agencies and ensuring that their governance structures are free from political interference.

Establish professional and independent oversight bodies that will be responsible for monitoring the operations of these institutions, ensuring accountability and address issues of misconduct. The oversight bodies should have members who are non-partisan.

Create hotlines and other media channels that will enable the public to report and provide feedback on the conduct and performance of these institutions to the oversight bodies, this way the law enforcement agencies will operate professionally knowing that they are answerable to the oversight bodies and to the public rather than politicians.
Ensure that law enforcement agencies receive adequate funding based on their operational needs and not dependent on political approvals.

Ensure that hiring and promotions within these institutions are based on merit rather than political recommendations. The job openings in these institutions must be advertised to the public and allow qualified and suitable citizens to be selected and be appointed for these jobs unlike being hand-picked by politicians.
This way we shall have officers in the law enforcement agencies that won’t be royal to the politicians and will treat politicians like any other Zambian citizen. Then corruption fight and rule of law in this country will no longer be rhetoric but reality.

Government should conduct public education campaigns to inform citizens about the functions and importance of having these institutions independent.

Create safe channels for whistleblowers within these Institutions to report corruption and any form of political interferences to oversight bodies and the general public.

Achieving genuine autonomy for law enforcement agencies requires a multi-faceted approach that focuses on legal frameworks, independent oversight, professionalization, and public engagement in Zambia.

By implementing these strategies, Zambia can strengthen its democratic institutions, enhance public confidence, and ensure that these agencies operate impartially and effectively in serving the needs of citizens.

Investigate, arrest and deliver just judgement to all citizens without fear or favor.

Note: The write up is about the past, present and future political leaders and how we expect the law enforcement to operate in Zambia!

About the author

Davies Makungu is a former employee of Atlasmara Bank, holds a Master of Business Administration in Finance from University of Lusaka (UNILUS) and a Bachelor’s degree of Accountancy from the Copperbelt University (CBU).

Email: [email protected]