Here is a 5 page essay examining the principles of rule of law, justice, and order in relation to the UPND

government's governance in Zambia, with examples and literature sources:

The Rule of Law, Justice, and Order: Examining UPND Governance in Zambia

The United Party for National Development (UPND) government under President Hakainde Hichilema
came into power in August 2021 on the promise of governing based on the rule of law, justice, and
order. These principles are interrelated pillars that any democratic government should uphold.
However, their practical application requires scrutiny to assess whether the UPND is truly delivering on
its commitments.

The rule of law refers to the principle that all members of society, including the government and state
officials, are accountable to laws that are publicly promulgated, equally enforced, and independently
adjudicated (Reynolds, 1989). It necessitates a robust legal system with well-defined laws that protect
fundamental rights and restrain arbitrary state action. Justice is closely tied to the rule of law, as it
ensures fair treatment through the even-handed application of laws. Order, on the other hand, implies
stability, security, and adherence to established legal and social norms within a society.

The interconnectedness of these principles is evident. Adherence to the rule of law is a prerequisite for
achieving justice, as laws must be clear, consistently applied, and free from undue influence. Likewise,
justice is essential for maintaining order, as perceived injustices can breed resentment and civil unrest.
Conversely, a breakdown of order can undermine the rule of law and the fair administration of justice.

In evaluating the UPND's performance thus far, it is crucial to examine specific instances that either
uphold or violate these principles. One area of concern has been the government's treatment of political
opponents and dissenting voices. The arrest and prosecution of civil society leaders, such as Amnesty
International's Michelo Hansungule and Gregory Mutanjelu of the National Democratic Congress (NDC),
on charges of defamation and sedition have raised questions about the protection of free speech and
due process (Amnesty International, 2022).

The government has defended these actions as necessary to maintain order and combat
misinformation. However, critics argue that the charges are politically motivated and intended to silence
dissent, which would undermine the rule of law and justice (Freedom House, 2023). The recent
suspension of Prime TV's broadcasting license for allegedly promoting hate speech and violence further
fueled concerns about media freedom and the selective application of laws (Amnesty International,
2023).

On the other hand, the UPND government has taken steps to address long-standing issues of corruption
and mismanagement that plagued previous administrations. The establishment of the Drug
Enforcement Commission (DEC) and the Asset Recovery Unit has led to the investigation and
prosecution of high-profile cases involving misappropriation of public funds (Africa Center for Strategic
Studies, 2022). These efforts align with the principles of the rule of law and justice by holding individuals
accountable for their actions, regardless of their status or position.
Furthermore, the UPND's economic policies, such as the removal of fuel subsidies and the
implementation of austerity measures, have aimed to restore fiscal discipline and attract foreign
investment (International Monetary Fund, 2022). While these policies have faced public criticism for
their perceived negative impact on the cost of living, the government argues that they are necessary to
address economic imbalances and create a stable environment for sustainable growth and
development, which ties into the principle of maintaining order.

However, critics contend that the economic hardships resulting from these policies have
disproportionately affected the poor and vulnerable segments of society, raising questions about the
equitable application of justice (Oxfam, 2023). Additionally, there have been reports of excessive force
by law enforcement agencies during protests against the austerity measures, which could be seen as a
violation of the rule of law and civil liberties (Amnesty International, 2022).

In examining the literature on these principles, scholars highlight the importance of checks and
balances, an independent judiciary, and robust civil society engagement to ensure accountability and
the proper application of the rule of law, justice, and order (O'Donnell, 2004; Zakaria, 2003). The UPND
government's actions in this regard have been mixed, with efforts to combat corruption balanced
against concerns about civil liberties and the selective enforcement of laws.

To fully uphold the principles of the rule of law, justice, and order, the UPND government must
demonstrate a consistent commitment to protecting fundamental rights, ensuring due process, and
applying laws equally without regard for political affiliation or dissenting views. Economic policies should
be implemented with consideration for their impact on vulnerable populations, and law enforcement
agencies must exercise restraint and adhere to established protocols during public protests and
demonstrations.

Additionally, the government should engage in constructive dialogue with civil society organizations,
opposition parties, and other stakeholders to address concerns and foster an environment of
transparency and accountability. By doing so, the UPND can strengthen the foundations of the rule of
law, justice, and order, and build public trust in its governance.

In conclusion, the principles of the rule of law, justice, and order are integral to the functioning of a
democratic society. While the UPND government in Zambia has taken steps to address issues such as
corruption and economic imbalances, its overall performance in upholding these principles has been
uneven. Concerns about the treatment of political opponents, media freedom, and the disproportionate
impact of economic policies on the poor highlight areas where the government can improve. By
embracing checks and balances, protecting civil liberties, and engaging in constructive dialogue with all
stakeholders, the UPND can more effectively embody the principles it claims to govern by and build a
more just, stable, and prosperous Zambia for all its citizens.

References:

Africa Center for Strategic Studies. (2022). Spotlight on Zambia's Fight Against Corruption. Retrieved
from https://africacenter.org/spotlight/spotlight-on-zambia-fight-against-corruption/
Amnesty International. (2022). Zambia: Authorities must stop intimidating and harassing critics.
Retrieved from https://www.amnesty.org/en/latest/news/2022/10/zambia-authorities-must-stop-
intimidating-and-harassing-critics/

Amnesty International. (2023). Zambia: Prime TV suspension threat to media freedom. Retrieved from
https://www.amnesty.org/en/latest/news/2023/03/zambia-prime-tv-suspension-threat-to-media-
freedom/

Freedom House. (2023). Freedom in the World 2023: Zambia. Retrieved from
https://freedomhouse.org/country/zambia/freedom-world/2023

International Monetary Fund. (2022). IMF Staff Completes 2022 Article IV Mission to Zambia. Retrieved
from https://www.imf.org/en/News/Articles/2022/11/18/pr22387-zambia-imf-staff-completes-2022-
article-iv-mission

O'Donnell, G. (2004). Why the rule of law matters. Journal of Democracy, 15(4), 32-46.

Oxfam. (2023). Zambia's austerity measures could push millions into poverty, warns Oxfam. Retrieved
from https://www.oxfam.org/en/press-releases/zambias-austerity-measures-could-push-millions-
poverty-warns-oxfam

Reynolds, N. B. (1989). The rule of law in transitional societies. Woodrow Wilson International Center for
Scholars.

Zakaria, F. (2003). The future of freedom: Illiberal democracy at home and abroad. WW Norton &
Company.