(The opposition, civil society organisations and the citizens want the court to determine whether the presidency is a charity commission meant to dole out gifts to citizens)
Court Clerk: All silence! His Lordship Mbadwa’s court is now in session.
Judge Mbadwa: Mr Jonah Kapita and your colleagues in the civil society such as Banidiki Kandaule, opposition members and some citizens want this court to declare that the Presidency is a charity commission. I need to appreciate the basis of that line of thinking before I make any determination. Mr Kapita, can you tell this court why you and your colleagues feel that the meaning of the Executive in the Constitution ought to be changed to reflect the charity business?
Kapita: My Lord, I am learning the benefits of being brief when I am in your court, unlike when I am conducting advocacy. So brief will I be.
My Lord, going by what has happened in the past few days, when Mapuya gave us an impression that we should be indebted to him because he is only there to help us and not to govern, we thought that it would be unconstitutional if we maintained some sections in the Constitution, especially on the composition of the Executive and their election now that someone can leave everything they had wherever they were and volunteer to be a helper. Thank you my Lord.
Mbadwa: You have not only been brief in your summation and you have also been cryptic. But it is the duty of the courts to bring clarity in cases where legal innuendos have been forced on the people. I am sure Mapuya’s long-winded statements on recent economic developments and the travel to the Global General Assembly confused many. We all know that the President, as per Constitution, is elected by a majority of the electorate through direct, universal and equal suffrage with the sole idea of governing this country. Those who assume office and look upon themselves as helpers should think twice before accepting any responsibility because they can still serve the country through several charitable organisations available. Governing is something else; this country needs a chief executive whose decisions will be subject to scrutiny not a helper who wants benefactors to realise how desperate their situation would have been were they not rescued.
Governing is a serious business and should not at all cost be likened to running a charity commission. So, Mr Kapita and colleagues understand that this court cannot and will not declare the Presidency as a charity commission. Doing right to all manner of people according to the law without fear and favour, defending the Constitution and performing the functions of the high office of the President cannot in the least be equated to doing charity work.
One’s legacy will always be judged by how you achieved the targets set by both the people and yourself upon assuming the mandate; hence, abhorring constructive criticism won’t change anything. I hope this court has made proper clarifications on your worries. Thanks.
