By Agness Changala
Director of Public Prosecutions Gilbert Phiri says the National Prosecutions Authority (NPA) will not be fixated on punishing a child for stealing a loaf of bread because he was a destitute or grown man stealing a chicken for his starving family.
And Phiri has warned those stealing cancer drugs and medicines in general were committing a grave crime with a moral aspect to it that society must not ignore adding that NPA was committed to ensure that this type of crime did not go unpunished.
Speaking during a Memorandum of Standing (MoU) with Chandler Institute of Justice (CIJ) at the NPA office in Lusaka yesterday, Phiri said NPA would look at offences in context and whilst condemning societal criminal elements to prison, the law should evolve to reflect social economic circumstances.
Phiri said his office was resolute in drafting laws that reflected the evolution of the criminal justice system.
Phiri said it had always perplexed him to see so much overcrowding in prisons.
“The convicts are kept at the expense of the Zambian people. Most of the cases could be mediated and reconciliation effected. Of course, the victims of these crimes could be offered restitution if the offenders could render a social service,” said Phiri.
He said NPA was motivated to punish those that committed crimes with heinous consequences to the people and wanted to ensure they were severely punished.
“You steal cancer drugs in a hospital, you steal medication from the hospital. You are committing a grave crime with a moral aspect to it that society must not ignore. We are committed to ensure that this type of crime does not go unpunished,” Phiri said.
“I promise that not only will these criminals risk being put behind bars, he will be stripped of every morsel, financial or otherwise, that they have illegally acquired to the detriment of the Zambian people. When we say we need to fight crime, we mean every word and this is why you are seeing growing numbers of successful asset recovery cases.”
Phiri said the NPA he hoped to build was one that not only ensured social security but one that offered reparations and enticed foreign direct investment.
“We want to make a difference that can be seen and one that truly matters,” Phiri said.
He said the signing ceremony marked the consummation of a relationship that had already materialized.
Phiri said some of the NPA staff were currently being taught legislative drafting through the support of CIJ.
He said the MoU marked another hallmark milestone taken by the NPA.
Phiri said as NPA gradually took on ensuring the highest level of probity, the MoU reflected the parallel journey the authority was taking in improving its service delivery.
He said NPA was grateful that CIJ had seen it fit to assist his office in undertaking legal reform projects in an effort to promote good governance, economic development and social mobility.
And CIJ executive director Ron Chari said the MoU was focused on exchange of knowledge and expertise that would develop legal frameworks that serve the nation of Zambia quite well.
Chari said CIJ was founded on the belief that law reform plays a very transformational role in communities and society in facilitating rule of law and good governance, which was a good foundation for economic activities to thrive.
“Then once economic activities also thrive, we think ultimately it should also lead to poverty alleviation or what we call social mobility utilising the law as a tool to promote governance, economic development and then social mobility,” Chari said.
He said legislation played a key role in this particular regard.
Chari said law was a common good and a public resource that every citizen should be transparent, well drafted and clear in a manner that serves to promote development in communities and societies and not to be used as a hindrance.
He said the MoU that signed signified their commitment as CIJ to work with the government to utilise the various skills, expertise, knowledge within the government and institution to see how they could help the government to develop laws that should society and help to address future challenges.
