Thursday, March 28, 2024

The dysfunctional state of the Judiciary makes Zambia a failed State-Chongwe

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Dr Rodger Chongwe
Dr Rodger Chongwe

Lusaka based Lawyer and first Legal Affairs Minister in the Fredrick Chiluba administration Rodger Chongwe has charged that the dysfunctional state of the Zambian Judiciary makes the country a failed State.

Dr Chongwe says the problems facing the Zambian Judiciary are not unique to Zambia alone.

He says the problems facing the Zambian Judiciary have been faced before in countries such as Ghana, Senegal, Kenya Sierra Leon and Liberia and were sorted out.

Dr Chongwe says what the PF Government is trying to do with the Judiciary is to make it Judiciary functional.

He states that the Judiciary in its current state is dysfunctional.

He says Zambia should adopt the Kenyan and Senegalese ways of reforming the Judiciary which are yielding results.

Meanwhile Dr Chongwe who is also a member of the Technical Committee Drafting the new constitution says the debate insinuating that President Michael Sata wants to clip the powers of the Litunga was taken out of context.

Dr Chongwe says the debate centered on the recommendation contained in the first draft constitution that the draft seeks to take away the powers of the Litunga.

He says to the contrary, the recommendation in the draft constitution implies that the Litunga and other traditional rulers will not be looking to government for recognition of any of their Chiefs once they have picked a chief.

And Dr Chongwe has appealed to the PF Government to consider making public Gabon Air Disaster report as the country celebrates the Zambia National Soccer team’s Gabon/ Equatorial Guinea AFCON triumph.

He says releasing the report will help to bring about reconciliation between the relatives of the deceased and the Zambian State.

Dr Chongwe was speaking on Muvi TV’s The Assignment. monitored by QFM News.

29 COMMENTS

  1. I watched the whole the program. He dodged most questions and was just boasting about the countries he has worked in. That’s the problem with Zambian politicians. Chongwe was legal affairs minister during the MMD, why didn’t he push for the release of the Gabon disaster report and just because he is no longer in office he wants the PF to do so. Same with Barotse agreement. He was right to say the 70s politicians should permanently retire including himself who should not comment on problems that he had an opportunity to solve. Does he even know what a failed state is? He should go to Somalia. Is the Zambian judiciary that bad that it qualifies Zambia as a failed state? All the three organs of governance in Zambia are fully funcltional with a vibrant opposition.

    • I agree with your analysis, compared to the executive and legislation branches, the Zambian judiciary is sound and shining. It just needs a few changes and it is no way in crisis the way the executive is. It also has competent people in it

    • The main problem in our country is the colonial constitution that vests excessive powers in the executive. In this context one can agree to a larger extent with Dr chongwe. What we need reduce executive powers especially appointments. Further create distinct independens 3arms of government both financially and administravely free from political patronage. Like Gerry Spence observed; “Forces have conspired against justice and the poor,they have turned justice from a cherished ideal into an abused commodity….” Favouring the rich and those in the corridors of executive….. Sad!! IIs  this  outlook  thats  frustratiog  Justice  system in zambia-wwho  you  know –  if  not , hhmhen  ots  how  much ua e  w orthy..

  2. Dr Fimo fimo you shud learn to be professionals and don`t allow grade 2`s (politicians) to use you like condoms. I can tell already that you have taken sides with government, be real in your submission and mother Zambia will remember you for your good works. Remember Zambia is bigger than anyone of us and power is in the people.

  3. Chongwe.You’re a classical example of a Chimbwi No Plan. How can you taday talk about the Garbon report when both you and Sata where in the same Govt which failed to release that report. You are a desgrace to the legal fratenity. We all know you’re seeking a job from your new master. Shame on you.

  4. It is true that the Zambian Judiciary is flawed, but not for the reasons that are purported by PF and Roger Chongwe. You have to separate the flaws of the Judiciary from the corruption of Mumembe and Nchito for you to be credible. Sata has corrupted himself by protecting these two crooks, namely Fride Mumembe and Delicious Nchito. Indeed the head of state has committed perjury and justice must visit him now or in years to come. There are many things that have made our Zambian Judiciary dysfunctional but these have nothing to do with the 14 Billion Scandal of DBZ vs Nchito and Mumembe.

  5. Dr Chongwe knows exactly what he is talking about. there are a variety of dilemmas that lead to a failed state and a dysfunctional judiciary is a fundamental component of a failed state. a failed state is not only one with civil crisis or instability. Dr Chongwe is a visionary, lets look to the future of Zambia.Peace.

  6. Rodger Chongwe is a bitter man and each time he opens his mouth only venom flows out. This man must be a wizard. He is also a failed lawyer. Rubbish man…

  7. You chaired the BA commission of enquiry and correctly recommended what the people want. But after Ukwa CNP rubbished your recommendation you kept quiet. What kind morals do you have? Principled men/women stand for what is right, not what your next pay mater expect from you. You are indeed a “failed state” of a lawyer and politician. 

  8. Mr Chongwe, a failed lawyer and useless man MARRIED BY a white poor lady. Just ask politely ask Pabwato for a job, otherwise shut your beak.

  9. Our judiciary needs to be reformed just like many institutions of govt, that does not render our great country a failed state.
    Roger Congwe is just seeking attention. Remember when he was Legal Affairs Minister in Chiluba govt he wanted to have pornography legalized.

  10. Who Rodger is married to is not the issue. We marry who want to! White, brown, yellow, brown; it doesn’t matter. It’s between two people; and it’s called love!

  11. What is wrong with Dr. Chongwe? Does he really understand what he is talking about? Can PF fix the judiciary? Isn`t PF that is destroying the judiciary.

  12. You honestly wonder sometimes why Zambians are endowed with such a wealth of stupidity and blindness to reality. There have been constant complaints about the judiciary, how corrupt and rotten it is and this is what led to the removal of Sakala and his deputy. As we stand today, most if not all the judges on the bench are rotten to the core of with corruption. The acquital of Dora, Chiluba, Regina, etc are tastement examples of the nature of the wild rabid dogs that reign supreme on the Zambian bench today. And Chongwe points this out, all manner of creeps descend on him, why? Zambians, buloshwe bwamina bwa nyenyisa linja tuni!

    • Mate DON’T JUST MUDSLING!! BRING FORTH YOUR EVIDENCE OF CORRUPTION!! There is the Anti-corruption commission – GET SOME DUTCH COURAGE & PRESENT YOUR EVIDENCE!!!!!!!!

  13. The main problem in our country is the colonial constitution that vests excessive powers in the executive. That time it served the minority (colonialists), which ought to change now in a modern democratic state!!. In this context one can agree to a larger extent with Dr chongwe. What we need is; reduce executive powers to that of public servanthood. No hiring&firing of constitutional appointments and permanent Secretaries by the executive. Further create distinct independent ,the 3 arms of government both financially and administravely free from political patronage.  ike Gerry Spence observed; “Forces have conspired against justice and the poor,they have turned justice from a cherished ideal into an abused commodity….” Favouring the rich and those in the corridors of the executive.

  14. This guy is AGING TOO FAST!!! His knowledge of the Law seems to be slipping thru his fingers!!!
    He is trying to confuse POLITICS with Law!! A failed state is a political connotation, where there is no rule of law – We are not even 12mths from conducting a democratic election that was observed by the international community – who commended it – yet abena Rodger to grab a few head lines resorts to hyperbole!!! JUST WAIT TILL THE JUDICIARY SETS IT’S SIGHTS ON YOU FOR BRINGING THEIR NAME INTO DISREPUTE!!!

  15. Besides, who is making the Judiciary Dysfunctional, if not the head of state BY HAVING 2 CHIEF JUSTICES & a similar number for Deputies, one pair “on Leave” whilst a second pair acting!!! No where in the constitution is there such an accommodation!! God forbid, a situation where both the incumbent became ill, a special & unprecedented situation, as it is constitutional, the LEAST THE PRESIDENT WOULD HAVE DONE WAS TO SEEK A MANDATE IN PARLIAMENT to proceed to appoint 2 acting officers!!!!

  16. I happen to be writing to make you be aware of what a extraordinary encounter my friend’s princess had browsing your site. She discovered several issues, which included how it is like to possess a wonderful coaching mood to make others completely understand certain problematic subject areas. You undoubtedly surpassed her expectations. I appreciate you for presenting the productive, dependable, revealing and as well as cool tips about your topic to Lizeth.

  17. This is a lamentably failed individual who is going to stop at nothing but get the crams that remains on the table. He cannot justify his support for a failed government and his support for this group leaves a lot of room to be desired. RC should be now be behaving above board, above pet and party politics, he should be the teacher and mentor of the upcoming politicians. He should be in the fore front fighting for the little jobs in order to make his ends meet. May he needs to be the millions by this government but he is using the wrong bet. Just rest at your filth and unkempt farm which resembles your beard

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