THE Government has challenged lawyers, Simeza, Sangwa and Associates to raise any issues they may have against judges in court instead of undermining the judicial system by publicly attacking members of the bench.
Simeza, Sangwa and Associates wrote to Attorney-General Mumba Malila stating that Chief Justice Ernest Sakala and Supreme Court Judge Peter Chitengi had passed their retirement age and should not sit on the bench.
The lawyers said that the chief justice is not supposed to have heard an appeal in which they represented former Access Financial Services (AFS) directors, Faustin Kabwe and Aaron Chungu.
Justice Deputy Minister Todd Chilembo said in an interview in Lusaka yesterday that there were procedures to be used by those aggrieved and that the media would not be the solution to resolving any misunderstanding.
“If there are issues our colleagues would like to raise, definitely it is not through the media but to go to court because insisting on using the media will just undermine the judicial system,” he said.
He said Simeza, Sangwa and Associates were raising legal issues, which should have been raised when they were given chance to do so in court and wondered why the issues were being raised through the media.
He said it was unfair for the legal practitoners to be attacking judges in the Press because the members of the bench were not able to defend themselves through the media.
“I also want to question if Simeza, Sangwa and Associates would have raised such issues if the case was ruled in their favour,” he said.
Simeza, Sangwa and Associates want the Chief Justice, Ernest Sakala and Mr Justice Peter Chitengi to leave office on account of them having gone beyond their retirement age.
The law firm stated that the two judges were holding office illegally after passing the retirement age.
Mr Malila said in a separate interview in Lusaka yesterday that he had received the correspondence from Simeza, Sangwa and Associates and was studying the complaint before he could comment.
[Times of Zambia]
Awe sure pa Zed.
What has gone wrong with our men & women of justice. Are these personal battles. Please dont erode public confidenace in the judicial delivery system of this country.
This is one story I will follow with keen interest. Lets see how far it will go.
Sangwa and Simeza should know that age does not play jack in judgement.In the US,its a lifetime appointment unless the individual judge chooses to resign. Infact they risked being debarred from the legal profession for going aganist the ethics.A lawyer cant attack a judge thru the press for there a communication channel.They should stop taking up cases they know are immposible to defend.
#4 Sharp Shooter. Right as you may be, but these 2 Justices are not living up expectations due to their being insecure. As a result they are pandering to the MMDs wishes. Yes age does not play any part but familiarity breeds contempt.
No. 4. Sharp Shooter! take time to read your Constitution before you begin waffling. Read first don’t misinterpret issues here thinking we are all gullible like you. Simeza, Sangwa are raising legal arguments based on the various constitutional flaws over this issue. Spare us your ignorance please coz for some us this is our area of expertize. Hence, our skin itches when we see this clear misrepresentation. Don’t advance TAVERN arguments here!
#4, unfortunately, appointment of a judge in Zambia is not a lifetime appointment. If the law stipulates that after the retirement age a judge should leave office, let it be so.
No.4 Sharp Shooter! What professional ethics has Simeza, Sangwa breached? Have you read the legal practitioners Act before? Do you know what it says about conduct of legal practitioners? No where does the Act state that judges are SUPER humans who don’t error neither does it state anywhere that illegalities cannot be challenged by lawyers. Like I said before read, read, read and read Bwana! You think removing someone from the bar is that easily? Just watch the space….Age does not play jack in judgment? How shallow! The difference with US Lordships is that they don’t wait until they stop thinking before they leave the bench! They resign on account of age but Zambian ones want to die on the bench.
#6 Lady Chiza’s Legs
I find you to be too pedestrian.Iam not a lawyer but have taken time to read the constitution.I have right now at my disposal an electronic draft constitution under review.Iam very sure you are the one who is gullible because of your legs.Lawyers have a channel of communication and you should knowits NOT the Press.
No. 9 Sharp Shooter! Its clear from your posting on Number 9 that you are just too loud for nothing. Granted! The constitution you may have and nobody is disputing that excerpt you haven’t read it Bwana. Don’t bring CADRE arguments to me such as lawyers have a channel of communication and stuff like that. What channel of communication is better constitutionally than writing to the Attorney General like Simeza, Sangwa have done? If the letter is leaked to the press in the process, do you blame them? Just note my line of argument and you will see that am arguing on facts and legalities and not ‘street wisdom’ like you.
I agree with my friends. The learned people should show confidence in the law. Let them go. they are insecured and they become so compromising in their deliverly of justice. Sangwa is right, Kuya bebele
NO.9 Sharp Shooter! Since you claim to have the Constitution with you read Section 4 of the Law Association of Zambia Act. Probably this will help you understand the objects set out under which the Law Association of Zambia operates and hopefully that will make us argue on the same wave length and not this ‘Street wisdom’ you are trying to peddle on this site. I am clearly convinced that you are just parroting some one else’s line of thought on this issue. You have just seen a few disastrous arguments on the online version of the state owned papers and now you want to champion a cause you don’t fully understand. Read its wiser that way!
Abena Sharp Shooter conceed defeat ,i think Lady Chiza is more informed on the matter at hand and she is talking sense.
No. 11 Straight! Big up to you its people like you who will change Zambia for the better and not PARROTS, LAZY HEADS and GULLIBLE characters like Sharp Shooter whose reasoning is not different from a highly sedated person. I can’t be surprised to learn afterwards that Sharp Shooter and TETAMASHIMBA hail from the same village. That is if he is not TETAMASHIMBA himself! Sharp Shooter challenge yourself to at least think a little bit outside the BOX its HEALTHY.
The media issue arguments are nonsense for the lawyers have written to the AG who is handling the issue following “Mr Malila said in a separate interview in Lusaka yesterday that he had received the correspondence from Simeza, Sangwa and Associates and was studying the complaint before he could commen“.
On “Simeza, Sangwa and Associates want the Chief Justice, Ernest Sakala and Mr Justice Peter Chitengi to leave office on account of them having gone beyond their retirement age. The law firm stated that the two judges were holding office illegally after passing the retirement age.“, great impeachment stuff.
Have a blessed day all.
_
1 John 2 + KJV Bible
4 He who says, “I know Him,” and does not keep His commandments, is a liar, and the truth is not in…
Sharp Shooter. You may also wish to read today’s article in the post ” Malila studies Sangwa’s demands for Sakala to go” especially that the post is now free onthe net. LT aricles are sometimes not complete they leave out important details.
No. 13 Kalampa! Big up to you as well. What surprises me is that intelligent people like you have easily and effortlessly grasped the matter at hand. Whilst Sharp Shooter is at pains to make the necessary adjustments in his presumably BIG HEAD and see sense. Thank God he is only but an individual can you imagine how disastrous it would have been to the nation if we had an ARMY of nut-heads like Sharp Shooter?
10.Lady Chiza’s legs
I dont believe in ‘street wisdom’ but base my arguments on facts.The argument brought forward by these lawyers create a picture as though age hampers the way rulings are carried out by the judge,which is not true..If the rulings were in their favour,they will be smiling all the way and this whole thing of age will be non-factor.As a lawyer as you claim to be,you should know that judges are there to interprete the law AND not impose their opinions.Infact the more the judge sits on the bench,the better she/he interprets the law.Thats why even the post of the chief justice often goes to the oldest siiting judge.Iam well read for I take pride in knwoledge.
I am not a Lawyer, but Justice Deputy Minister Todd Chilembo argument is clearly off the mark when he asks “I also want to question if Simeza, Sangwa and Associates would have raised such issues if the case was ruled in their favour,” .
If the constitution states that a judge shall retire at age 65, that is the Law and it must be followed to the letter. What the “Sangwas” are questioning is the legality of a person illegally holding a position to sit on the bench.
With such a laissez-faire attitude to constitutional matters by the people currently in Government, all manner of illegalities may begin to be allowed if no action is taken and soon rather than later
Well,the lawyers were right in writing to the Attorney General so what is the deputy Justice Minister talking about.
Some people like above may argue that age does not hamper someone from performing their duties effectively but if there are set rules that one should retire at a certain age then if the rules still exist then the Chief Justice should indeed retire if he’s reached that set age for retirement.
I find that in Zambia the laws force people to retire at an early age,i think most people would love to continue working and they are still capable but they are compelled to go,it is not a healthy situation that’s why the unemployment rate is very high & there are far too many people suffering without any hope of getting out of their misery,they could have continued working.
No. 18 Sharp Shooter! There you go with your misinformation again as if I haven’t warned you. Who tells you that the position of Chief Justice goes to the oldest sitting judge? Which close of the Constitution stipulates that? Let me shock your ignorance, do you know that Justice Dennis Chirwa is currently the oldest sitting judge than Ernest Sakala? You see now that a little knowledge of the law is more dangerous than total ignorance of the law. From your postings its clear that you don’t read. You are just blowing your own trumpet because if you read it would have reflected in your reasoning. Just agree Bwana!
Zambians also need a retirement age for a sitting President and I propose 70 years of age. This is because all other public offices have retirement ages and also that there is a lower limit of 35 years old for any Zambian to attempt being President of our Nation.
As for the Chief Justice and Judge Chitengi, the best they can do is to resign as soon as possible than to be forced to unceremoniously leave their offices. This is because the duo’s continued stay in their current offices requires ratification from Parliamentarians if I am not mistaken.
Have a blessed day all.
_
1 John 2 + KJV Bible
4 He who says, “I know Him,” and does not keep His commandments, is a liar, and the truth is not in him
Lets wait and see what the Attoney General going to say. Good postings from Lady Chiza’s Legs, but Sharp Shooter seems to be Blunt 2de.
Lady Chiza
You have a problem with understanding and ,reread my posting and you will find the word “often”. Often does not mean always. Read about the appointment of the CJ anywhere in the world and you will find that experience on the bench plays a big role.That is a worldwide precedent.I do find time reading about legal issues though Iam an Economist. I have to go for lunch
Lady Chiza, I like you. You are well informed and please bring back this good knowledge to Zambia.
The Sangwa plunder case has been before the courts for nearly 10 years, since the time Sakala was not yet 65. Now, “Article 98(1)
states that “a person holding the office of a judge of the Supreme Court- shall vacate that office on attaining the age of sixty-five years: Article 98(1)
“Provided that the President-
(a) may permit- a judge of the Supreme Court, who has attained that age TO CONTINUE in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. So, what is Sangwa dreaming about?
Sharp shooter you are not even an economist,maybe you are from Matero University.It is apparent that you dont know what you are talking about.I also share the same feeling with Sangwa,judges in Zambia for a long time have been looked as if they are saints.Look what happened to Former Chief Justice Ngulube,corrupt fella.If the costitution says 65 so be it
ok lady Chiza you are well infomed and you raising good points but please spare the guy.you have made your point
Lady Chiza, i have been following your exchange with Sharp shooter and i agree with your line of arguement and how you have presented your case. It would not surprise me if you were a lawyer. I am a little incomfortable with your tone though. Just because someone is wrong or has an opposing view does not make them shallow, gullible or nutheads. Thats the point of a discussion, for you to convince them, but do it in a courteous manner. You lose nothing. Otherwise you start losing the points you have made. As much as Sangwa and Simeza may be right (in law) (i have not read the applicable law and cannot claim knowledge) I am uncomfortable with the defendents getting off on a technicality. What happened to the spirit of the law? Dickens wrote “the law is an ass”.
There is a tendency , amongst our people, for people with particular knowledge to be condnscening towards those that dont have the knowledge. Some people even believe that Lawyers are more learned than other professionals. This is a fallacy. We have different specialisms and we should celebrate that. We also need to learn to agree to disagree respectfully!
Forgive typos in 28.
I feel there is some information that the state is not giving us. The two judges have reached their retirement age but they are still in office. Implying that the president has given them a mandate to do so. But alas, Sangwa, an accomplished lawyer must have given this a thought before writting that letter to Malila. There is a “hitch” somewhere that Sangwa wants sorted out. I take it the two judges under fire have been permitted by the president, but they are “obscurring” dispension of justice, according to Sangwa. He MAY have a good point. Lets wait and see!
Simon #28 exactly the point.Lady Chiza may have a point but her uncouth language is disorting it.Counsel no matter how strong your views courtesy and proper decorum should be employed.As for Sangwa i say big up to you.We need more Lawyers like him
If documents were allowed to grow legs from the Ministry of Health after all relevant authorities had been alerted about the rampant theft of resources at the institution, I have no doubt that some fictitious letter from the president, complete with a parliamentary sitting, requesting for and ratifying the extension of the two Judges’ tenure may emerge.
No. 28. Simon! I totally agree with you. We have different specialisms and we should celebrate that! But lets not stray into other specialisms with half truths or smelly lies and expect EXPERTS in that field to remain MUTE. There is nothing more humiliating than appearing to be knowledgeable about a subject you least know of. Its pretenders like Sharp Shooter who mislead our uneducated brothers and citizens with funny interpretations of the law. You will never hear me taking a leading role in arguing about economic issues because I am not an economist. I may give my lay man understanding but I shouldn’t appear be pioneering the subject I am not competent on. Otherwise, lets celebrate what we know best and not attempt to be champions by blowing HOT air.
If there is retirement age stipulated, for the Judges, then let the law be followed. If again the law allows the Judge to continue serving under some special provisions, then we need to know. Based on the perfomance of Justice Sakala andhis bench in dealing with MMD corruptioncases, it is just time for him to pave way and Resign on Moral grounds. We dont want to see another disgraced Judge like Justice Ngulube(Chiluba scandals).
35 Lady Chiza, While we have different specialisms and maybe experts in them, it does not stop someone who takes a keen interest, but may not be an expert (eg lawyer) to comment. Even within the law we have experts because they have specialised, and we have a lot of lawyers who are not experts (eg on constitutional law). My expertise is financial management, but i find it overlaps into business law, taxation etc Does that mean since i am not a lawyer i cannot comment? I can easily read the same book or statute or case review that a lawyer reads.
Lady chiza’s legs has brought out a good bunch of facts but the hat goes off to Shaka Zulu … something at #26. Sangwa’s argument is doomed to fail any legal test. besides i personally feel those plunderers he is representing should have been cinders in hell by now. its a good eye opener to these daft presidents who do not even know who the law allows them to keep in office and thats before we even talk about Mabenga and Siliya. god bless the motherland.
Lady Chiza’s Legs seem to know what she is talking about. Im not a Lawyer but I have questions arising from The Simeza/ Sangwa issue.
Why is it that Simeza / Sangwa are only raising the issue after their Lordship have ruled against their clients?
The Aaron Chungu/Faustin Kabwe has taken too long and it’s always the Simeza / Sangwa camp raising issues sometimes non-issues – Is this another ploy to delay the case further?
I thought Justice delayed is justice denied?
Is it that Simeza/Sangwa know that their clients’s defence is so weak that they keep fishing wildly from the Legal pond?
Should justice be seen to be done when it suits us?
Lady Chiza if you are outside Zambia then you are not very competent to talk about issues you have run away from. Come back home to develop Zed
#26 SHAKA ZUL:U -Provided that the President-
(a) may permit- a judge of the Supreme Court, who has attained that age TO CONTINUE in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. So, what is Sangwa dreaming about- I LIKE THIS BIT EXCEPT LAST PART. A PRESIDENT CAN RETAIN A JUDGE BECAUSE HE IS BIASED IN FAVOUR OF THAT PRES AND THIS IS WHY JUDGES’ APPOINTMENTS SHOULD NOT BE A SOLE RESPONSIBILITY OF THE PRESIDENT. A JUDGE SHOULD NOT BE OBEYING INSTRUCTIONS EVEN WHEN THEY ARE WRONG INSTRUCTIONS. ZED COURT ARE COMPROMISED BY POLITICIANS IN POWER
Sharpshooter wasebana!!! I hope you’ve learned your lessons well and your tail is well tacked!!
When the law says that one retires at a particular age, one must do so when he/she reaches that age except when the presido intervenes by extending the tenure of that particular person. Going by what is prevailing, the Sangwas took rather too long to raise the issue. How old is the Chief Justice and his friend? A drowning man will catch a straw…this is what the Sangwas are doing. They should have brought up the issue a week after the 65th birthday!!!
What is so difficult respecting the “RETIREMENT AGE?” Why even straight forward issues become issues is the sickening status our country has found itself in. Move on folks! I support #7
This article and the blogging thereafter has made interesting reading. Lady Chiza’s Legs, I salute you. The Judiciary in Zambia needs immediate redemption or else. Young smart guys in this sector have been strampled on and sad to say others are no more…… President Banda ought to make an urgent executive decision to concerning matters arising. Bad fish start smelling from the head. Spare us the rot CG, JIC, corrupt juges etc
sharp shooter,
Congrats for keeping your calm,your points are too valid either.sangwa has cause to worry after chewing the plunderers monies and then chimbokaila is still beckoning at them.you use every tactic in the book to save their skin and your CV.with my little knowledge,i think he should have petitioned through LAZ as his concerns appears to be genuine.
# 39 your GPS has betrayed you, coz you are no better than her
Whether Simeza, Sangwa’s efforts will yield nothing or not it doesn’t matter its important to test our judiciary by exposing such lapses. Why must the judiciary alone go unchecked? Its an important wing in our governance system and surely it should be the last to flout or rape the Supreme Document of the land. This sort of thinking that it will not yield anything and stuff is what makes our country be a laughing stock in so many sectors. I would rather Sangwa challenges this faulty judiciary for the sake of the record. By the way, you are free to comment but don’t mislead, misleading is what shall not go unchallenged on this site especially on legal issues.
Following the letter of the Law, Sangwa and Simeza are right. But they are totally wrong if you consider the spirit of the Law and what that rule was made for. CJ and Chitengi should retire if that is what the Law stipulates (Unless asked to stay by Pres and ratified by parliament). But this should not affect past cases which they have heard as their interpretations do not change simply because of a birthday. Sangwa and Simeza are trying to get their clients out on a technicality.
Shouldnt the letter have been addressed to the Judiciary and the Parlimentary Appointing Committee?
Sorry am using the wrong page: But just a clarification on relationships- Where I come from these are applied- Your fathers SISTER is your aunt (Mayo Senge) Your mothers SISTER is your aunt (Mayo Mwaiche)
They way I see Sangwa and Simeza associates are not out for justice they are out for publicity a bad tactic that will probably work against them. I find it strange why they didn’t start proceedings instead. I just read article 98(1) and it states the president can ratify the extension of the retirement age by 7 years. The only hurdle would probably be to see if the president ratified the extension but from the challenge from government it seems so.
I couldn’t hear what Lady Chiza was trying to say due to the loud foul language used. Another thing, lady, if a village has a fool, there is no logic in thinking everybody from that village is a fool also.
I AM STILL GOING THROW ALL THE COMMENTS ON THIS ISSUE. I RESERVE MY COMMENTS TILL KINGDOM COME. ATTACKS WERE PREVIOUSLY DIRECTED AT POLITICIANS NOW ITS THE JUDICIAL FEELING THE HEAT. WHAT A COUNTRY? FULL OF CONTRADICTIONS AND SO SO…
This is one debate i have found very useful contributions from all contributors so far. I wish the same could be said about all other debates. Lady Chiza Legs can you comment on the submission by #26 especially“Provided that the President-
(a) may permit- a judge of the Supreme Court, who has attained that age TO CONTINUE in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. My QUESTION is will we ever have a situation where a CJ will not have pending issues at the time he/she attains age 65?
SharpShooter, You have an argument only that it does not hold water in the context of Zambia. The law has a restriction on age irrespective of what the bearers still have to offer. The problem generally in Zambia is that we have not followed the law but feelings, sentiments and beliefs on a number of constitutional issues. The new constitution may address this issue but at the moment, we are focussing on what the law currently says. I know RB will ignore the law like he has done on issues of Dora, Mabenga etc. the danger is that once this happens, society and its systems of governance get corrupted and it becomes difficult to govern.
I agree. This is a publicity stunt! wrong timing and frankly speaking, wrong move!
Lady Chiza hasn’t attempted to answer my questions in #39 at all but gives a very lame excuse for Simeza/Sangwa behaviour in #46. It’s not aquestion of Simeza/Sangwa’s letter will yield results but that of “why now”. Simeza/Sangwa had the opportunity to raise the issue in court when they appeared before their Lordship. If they sought justice at all they could have asked their lordship to recluse themselves from handling their client’s matter. Lady Chiza, one wonders why they kept it until they lost the appear. What’s their motive in raising the issue now? Please Im not against their arguments but my issue is with their timing. If the CJ and Justice Chitengi have breached the constitution by staying on despite the constitutional limit then let them resign or face the tribunal
Sharp Shooter ulikwisa…?
#57 (Generation Y)Just arrived, went to buy a ticket.In 1 hr,I will be off to Moscow for my Visa.
We Akapondo,thanx.
Lady Chiza’s Legs, amen to all your intelligent and rational arguments in your posts. However, I fear it may already be too late for the great point you raise @ 17. We ALREADY have an ARMY of nut-heads like Sharp Shooter running the country! That’s how we find outselves in the mess we’re in right now!
I fail to understand the link Sharp Shooter is trying to establish between US Supreme Court justices and Zambia’s. The comparison is totally misplaced. The US justices have life tenure, and even then, they DO step down on their own accord without having someone hold fire to their a-sse.es, which seems to be the preferred choice of our Zambian judges, and I dare say, Zambian politicians generally.
#59(Dollar C)
I must confess that today,Iam generally in good mood and I want to keep it that way today cos Iam tracelling in few minutes time, that explains why I did avoid foul language against Lady Chiza.However that does not mean,you and Lay Chiza enjoy the monopoly of foul words.#27(Wanzelu),I did not know that a degree from Matero University is internationally recognised.I cant wait for my PhD right there.You are Wanzelu for real.
I’m no lawyer but I’m starting to like these Simeza and John Sangwa duo for standing up to the judiciary’s seclusion and nunnery behaviour. In particular I like it when John says, and quote “…The idea that criticism of the judges and the judgments they deliver in the media by lawyers will undermine the standing of and people’s confidence in the judiciary is primitive, myopic and retrogressive… Judicial officers cannot receive public funds and refuse to be accountable and transparent both in the discharge of the functions of their offices and the judgments they deliver.”
Really it’s about time the judiciary became accountable. As to whether they raise the issue of age after they lost the case is not an issue here. It’s good for the country for these lawyers to question the…
The Hon. Chief Justice Ernest L. Sakala
Born in 1943, the Hon. Chief Justice Sakala obtained his LLB degree (1969) and LLM degree (2000) from the University of Zambia. He was admitted to the Bar in 1971.
His dissertation for the LLM degree is ‘Autonomy of the Judiciary in Zambia: Realities and Challenges’.
The Chief Justice begun his carrier as a Public Prosecutor in the Ministry of Legal Affairs in 1970;
was appointed State Advocate in the Attorney General’s Chambers (1971 – 1973);
Assistant Senior State Advocate (1973 – 1974);
Senior State Advocate (1974 – 1975);
Director of Public Prosecutions (1975 – 1977);
High Court Judge (1977 – 1985) and Supreme Court Judge (1985 – 1988);
Investigator General (1988) and reappointed…
Hon. Mr. Justice Dennis Kamoni Chirwa
Born in 1947, Mr. Justice Dennis K. Chirwa obtained his LLB degree from the University of Zambia in 1969 and was admitted to the Bar in 1971.
He was appointed State Advocate in the Ministry of Legal Affairs (1971);
Assistant Senior State Advocate (1973); Senior State Advocate (1974);
Principal State Advocate (1976);
Registrar of the High Court (1977 – 1979);
Judge of the High Court (1979 – 1989) and Judge of the Supreme Court (1989 to date).