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Court Orders Are Not Optional

September 18, 2024 by
Benjamin Musyimi

In any functioning democracy, the rule of law stands as one of the bedrocks upon which society thrives. Court orders, irrespective of whether they are favorable to one party or not, are the ultimate expression of this rule. When such orders are ignored or outright disobeyed, it strikes at the very heart of justice; it weakens the credibility of institutions that are supposed to protect all citizens.

The recent developments surrounding the acting Inspector General of Police, Gilbert Masengeli, bring to the fore an alarming concern: the growing trend of law enforcement agencies disregarding court orders. As the nation watches closely, the position of the Inspector General is not merely one of administration but also of symbolic adherence to the rule of law. It is an office that commands respect through compliance with the legal frameworks that underpin our democracy. Masengeli, stepping into this role, bears the responsibility of embodying the highest standards of law enforcement. Yet, his tenure comes at a time when court orders have been treated with casual disregard by elements within the police service.

We must ask ourselves: what kind of nation are we building if the police, whose mandate is to uphold the law, selectively adhere to the very laws they are sworn to protect? A government and its institutions cannot afford to cherry-pick which rulings to follow based on convenience or political expediency. This erodes public trust in the system hence creating a dangerous precedent where the powerful are seen as above the law.

Disobeying court orders not only undermines the authority of the judiciary but also weakens the constitutional fabric that binds this nation together. The judiciary serves as the final arbiter of disputes, and its decisions must be enforced to maintain societal order. When court orders are disregarded, it signals to the public that laws are mere suggestions, not obligations. This is a dangerous path that leads to anarchy. Today it could be failure to present oneself before the court as ordered, but who knows what might be disobeyed tomorrow? Once the precedent is set, even orders to stop this country from being sold to foreigners could be disobeyed.

The role of the Inspector General of Police is critical in this equation. Masengeli must demonstrate that he understands the gravity of this moment. The rule of law requires not just enforcement, but compliance. The police service, under his leadership, must be an exemplar of legal obedience.

Disobedience of court orders also raises another critical issue: accountability. If those entrusted with law enforcement choose to ignore legal directives, who will hold them accountable? Without accountability, impunity flourishes. Citizens begin to lose faith in the institutions that are supposed to protect them, and as history shows, this disillusionment can quickly spiral into social unrest.

It is essential to recognize that our society is based on the rule of law, not the whims of individuals. Masengeli’s leadership must reflect this. As a nation, we must collectively reject any form of disobedience to court orders. Lawlessness cannot be tolerated at any level, particularly within law enforcement agencies.

Benjamin Musyimi September 18, 2024
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