Arrest Musonda the shooter

by mazuba mwiinga

This un-becoming behaviour of the MMD members taking the law in their vehicles and pistols is becoming so unbecoming and worrying.

A fortnight ago it was the bashing and killing of young boys in Mufumbwe by Mulondwe Muzungu’s son, just because he wasn’t happy with the results of the by election. And now it’s the Minister cocking his pistol and shooting at youths wilfully just because the youths demanded an explanation as to why he has failed them.

Is this, what has become of this tired and retarded MMD Party? That in their desperate move to cling to power at all costs; they now turn to innocent youths to vomit their frustrations and desperations on?

Dr. Solomon Musonda’s shooting spree shouldn’t be seen as a happenstance; neither was it a reflex action to provocation or an act of self defence. If what the eye witnesses’ recounts as reported by The Post are to go by, then what happened was a pure intentional act and the law should be given its legitimate chance to take its course.

Just as the law has no sacred cows in its realm of operation so should the Police too exercise its duty to do like wise. The law is clear and very straight forward. Dr. Musonda committed a crime and there is no need for the Police delaying his arrest on the pretext that he is being investigated. The boy who was shot at is there to show that he was shot at and the shooting is clearly linked to Dr. Musonda.

According to his statement Dr. Musonda claims that he was attacked, and “didn’t know what the intent of those people was because they blocked the road demanding for money from me (him),” What Dr. Musonda is telling us is that he shot at the youths as self defence. If these youths were such a danger to his life, why did he go back to pick the victim as he is quoted having said “…Right now I am rushing there with an ambulance to go and pick up the victim. …..”.

Whatever the case Dr. Musonda’s defence here lacks merit in law because according to the law of self defence, CAP 87 of the Laws, Section 17 says, “Subject to any other provisions of this Code or any other law for the time being in force, a person shall not be criminally responsible for the use of force in repelling an unlawful attack upon his person or property, or the person or property of any other person, if the means he uses and the degree of force he employs in doing so are no more than is necessary in the circumstances to repel the unlawful attack”.

This means that the defence of self defence he is trying to think us believe does not hold water because according to the High Court ruling in 1978 of Tembo Vs The People, self defence is “not available where the force used is out of proportion to the necessity of the situation and ought not to be employed where there is no threat of peril”.

This was a group of un armed youths, who were justifiably there to question him why he was using a road graded by an opposition Party when he was their MP and in government to do it. His action of shooting was so un necessary to his situation for he faced no threat of danger to his life at all.

Musonda the shooter should therefore be immediately arrested and avail his actions to be weighed before the balancing scales of the law.

Copyright: June 3, 2010

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