a group photo with Lusaka High Court Judge Chalwe Mchenga (left),
Lusaka Judge-in-Charge Ernest Mutiyo and Acting Supreme Court Judge
Rhoda Kaoma (right) after she swore in the members of a tribunal
tasked to investigate Tourism and Arts Minister Sylvia Masebo at the
High Court building in Lusaka
The Young African Leaders initiative (YALI) has urged the Zambian Judges to emulate the Malawian Judiciary when determining petitions from elections if the Zambian Judiciary is to regain the confidence of the public and stakeholders.
YALI wishes to commend the Malawian Judiciary for expeditiously determining petitions that come before it as a way of complaints from stakeholders in the electoral process. We take note of the landmark decision in the Malawi High that compelled Malawi Electoral Commission (MEC) to announce election results in accordance with the provisions of the Malawian Constitution and the quick interpretation of the Constitution by the Court must serve as an example to the Zambian judiciary that is struggling to deal with electoral petitions within the reasonable timeframe.
Apparently, we note that the Zambian public including President Sata has accorded much respect to Malawian Judges because of the manner in which they dispense justice devoid of joining political battles among electoral stakeholders. We are convinced that this could be one of the reason why President Sata appointed the Malawian Judge Chikopa to preside over the tribunal of three senior judges in Zambia, which tribunal has not taken place due to the continued legal battle in the Zambian Courts.
The Zambian people and politicians have less faith in the Zambian Judiciary because of delays by Judges to dispose matters including electoral matters that come before it. While it only took one week for the Malawian Judiciary to dispose the controversial interpretation of the Malawian law on elections, it has taken months for the Zambian courts to deal with similar interpretation of electoral laws as is the case with the case involving Dora Siliya and two others. The Zambian Courts has contributed towards the disregard of the Zambian law that demands that once seats are nullified, an election must be held within 90-days. We therefore call on the Zambian Judges to emulate the actions of their counterparts in Malawi by quickly determining election petitions.
By Isaac Mwanza
YALI Governance Advisor
The Zambian judiciary has generally discharged its functions relatively well.
This is why Zambians still have confidence in our judicial process and justice system and if YALI cares and chooses to be fair, our courts have made many landmark decisions involving politics.
Just go back to the time when we were a one party political system and especially around 1990-1991 period, when MMD was just a movement and not yet a political party
ustice in a nation is vested in the judicial system of a country headed by the Chief justice (credible legal person) underpinned by ministry of justice. Then, only then can you suggest to emulate fair judicial systems existing in other countries. What has Zambia to talk about its judicial system? any credibility in Chief justice Lombe Chibesakunda? what of justice minister Kabimba who goes round the country freely campaigning when his boss is seriously alleged to be sick. Any attempt by other parties to campaign is met with harassment by police from impotent state house authority when in fact its Kabimba issuing orders. Any justice to Zambians, no, Zambians are under siege and need to rise against this black colonialist mentality.
Justice in a nation is vested in the judicial system of a country headed by the Chief justice (credible legal person) underpinned by ministry of justice. Then, only then can you suggest to emulate fair judicial systems existing in other countries. What has Zambia to talk about its judicial system? any credibility in Chief justice Lombe Chibesakunda? what of justice minister Kabimba who goes round the country freely campaigning when his boss is seriously alleged to be sick. Any attempt by other parties to campaign is met with harassment by police from impotent state house authority when in fact its Kabimba issuing orders. Any justice to Zambians, no, Zambians are under siege and need to rise against this black colonialist mentality.
Judge Chikopa is not one of those good ones the chap made a lot of mistakes he was almost going to jail why do you think he gas finally run away? He lives money too much please bring him back so he can finish those contempt charges. Do not praise *****s like chikopa when we all know what he did.
This Chalwe Mchenga chap looks almost like a stick insect!
This is why Sata brought Chikopa from malawi to help with judicial reforms.
Chikopa came specifically to protect Mmembe and Nchito.
I have been impressed with the manner the Malawian judiciary handled the issue. Can any one imagine here in Zambia, the head of state saying ‘elections nullified’. Who, in the judicail system currently would challenge that?
The judiciary is trully independent.
@joseph,
I tend to agree with the manner in which it happened. I am unsure though of the real motivation of the judges involved – only time can tell! Outgoing JB was obviously wrong in her strategy to oppose the poll outcome and that to me gave ammunition
to her opponents.
What happened with the judges in Malawi could be a case of praising ‘ a correct outcome’ that is itself based on an ‘incorrect motivation’ making the whole thing flawed. I repeat, ONLY time, will tell …
Imwe guys muletasha sometimes. You know, it’s not long time ago when Bakateka wesu brought in a Malawian judge, BUT then there was so much uproar it became almost like a scandal that the President had committed. PLEASE just accept that our President is way ahead of the nation in terms of vision. Himself saw that potential long time ago, before you even came to realise. And now among yourselves some commentators here are saying CHIKOPA IS NOT ONE OF THOSE GOOD ONES! Ala imwe bantu, chinshi mulefwaya! Kanofye musange umulandu muli ba President…that is when everything will be okay! HOW DO YOU KNOW that Chikopa is NOT among the good ones? Who said it is ONLY YOU who can decide who is a good judge and who is not? Mwachepa sana ba opposition, muli under-5! We are 50 years ahead of you!
well spoken YALI! look at how long the Dora Siliya, Hastings Sililo and Maxwell Mwale case is taking, surely can this help to advance our democracy if provisions of the Constitution are overlooked by the Judiciary. I think Mwanza is one sensible boy at YALI. When he opens his mouth, you can see objectivity. our Judiciary remains challenged! keep up the good works YALI.
This country will not go anywhere as long as ifipuba with no constructive criticism continue ukunya amafi mwefipuba mwe.
These boys really makes sense. Zambian judiciary is in a mess. that’s why PF has initiated judicial reforms. keeping challenging the judiciary boys
problem is our judges re content with those fat salaries and political favours from politicians. we inherited a rotten judiciary from the MMD and we want to transform it, make it better and somethin we can be proud of. waiting until we finish with judicial reforms, u ll clap for PF. I like the sober reflection made by YALI, for the first time.