A SUPREME Court judgement passed on October 6, 2009 and January 22, 2010 has put into context the Law Association of Zambia (LAZ)’s cry that there is need for reform in the judiciary.
Acting as Chief Justice and sitting with Supreme Court judges Sanderson Silomba and Hilda Chibomba, Mrs Mambilima upheld a magistrates’ court judgement in the case involving two Zimbabweans in what later became the gold-gate scandal.
The judgement was not widely publicised then but has now become of consequence after the gold in question was surrendered to the State, but was later sold to a Swiss national.
Mrs Mambilima’s judgement also lays bare some of the questions the LAZ are asking today about the judiciary after the Zimbabweans were convicted by the magistrates’ court, but were set free by the High Court before being convicted again by the Supreme Court.
The ‘strongly worded’ judgement, in possession of the Daily Mail, shows that attempts were made by officers from the Geological Survey Department, Ministry of Mines and Minerals Development and the Zambia Revenue Authority (ZRA) to corrupt the bench.
“Our wish is that the relevant wings of the government will take keen interest in what we have observed as we feel that corruption may have been the underlying cause for the strange behaviour of those officers,” Justice Mambilima said.
She added, “This judgement will, therefore, be made available to all those concerned with investigations as well as policy makers.”
The value of the gifts or money that was offered is not stated by Justice Mambilima, but the acting Chief Justice described the attempt as being equivalent to “contempt of court” and strongly condemned the action.
Last week, the Law Association of Zambia (LAZ) complained that questionable court officers existed at the top level in the judicial system which needed weeding in order to restore integrity to the profession.
A LAZ letter dated January 11, 2012 to the Minister of Justice, Sebastian Zulu called for a breath of fresh air in the judiciary to carry the reforms the association would be suggesting.
In a 141 page judgement, Justice Mambilima expressed disappointment with certain members of society who thought they would help the two Zimbabweans accused of being illegally in possession of the gold by offering all kinds of gifts and promising much more “if we ruled in their favour”.
Justice Mambilima described the inducement attempt as contemptuous and condemned it in the “strongest” terms saying it was only “calculated to interfere with the due process of the law. We shall not allow this to happen.”
The Daily Mail attempted to get a comment from LAZ president James Banda yesterday in order to establish whether incidents of bribery or other forms of activities that could influence the course of justice as inferred by Justice Mambilima were common but Mr. Banda did not answer his phone at press time.
The Supreme Court judgement upheld the conviction passed by the magistrates’ court and quashed the decision of a high court judge saying it was arrived at in error when the unmentioned high court judge released the gold exhibits to the convicted Zimbabwean owners prompting government lawyers to appeal to the Supreme Court.
A senior lawyer told the Daily Mail yesterday that the Supreme Court would normally side with the High Court and not the Magistrates’ court.
The Justice Mambilima-led Supreme Court bench made it clear in its verdict that an error was made by the judge when he returned the non-perishable exhibits (gold) when “it was quite obvious that the state was going to appeal.”
The Supreme Court bench went on to, “therefore, reverse the learned appellate judge’s court order alluded to at the beginning of the judgement and restored the orders made by the learned resident magistrate ‘regarding the conviction, sentences imposed on the respondents and the order of the forfeiture of the gold.”
The two Zimbabweans were jailed for two years with hard labour from January 22, 2010 and have since served their sentence.
The gold was forfeited to the state on Mrs Mambilima’s order but was sold to Swiss businessman Nicolae Buzaianu, who visited former President Rupiah Banda in October last year.
President Sata exposed the sale of the gold to Mr Buzaianu and the businessman’s visit to Zambia. The businessman also met Mr Banda’s son James, and former press assistant at State House Dickson Jere.
Lukona Chambers and Okware Associate who represented the two convicted Zimbabweans that brought in the multi- billion kwacha gold could not be reached for comment yesterday.
In the January 11 letter, LAZ president Banda said, “we are of the view that the current leadership of the judiciary would find difficulties to carry out reforms we will be proposing…judicial reforms invariably will include filling the judiciary with forward-thinking, credible, competent judges and magistrates with integrity.”
This was also the first time LAZ was casting aside diplomatic decorum and taking on the judiciary with all its institutional might in what analysts say may lead to a showdown.
The showdown comes at a time that President Michael Sata has embarked on an anti-graft fight that he says shall have ‘no sacred cows’ and has already affected former leaders such as Dora Siliya, Situmbeko Musokotwane and George Kunda.
The judiciary has not been touched thus far as the Sata-led anti-graft fight engages in top gear with the release of the Zamtel probe report that has placed Ms Siliya on the spot for various irregularities in the sale of the state telecommunication company.
[Zambia Daily Mail]
Ok I really don’t get this article,the journalist was onto something but lost the crowd somewhere in the middle.Good research but put your thoughts down clearly so we can follow.
The author of this article is a “dont Kubeba type” of a character
This article is just demonstratig the alleged corruption in the judiciary and justifying the statement by LAZ that some judgements have been laced with corruption. This is the case in point, over the gold gate scandle, which is still as controversial as it was before the Zimbabweans served their two years imprisonment with ahrd labour!!!
There is nothing confusing here. The issue is that some government officials attempted to bribe the judges whio handled the case. Epela.
Madea @ 1 I agree with you. You can see that for a change the journalist does try to show that he/she did some background research to add flesh to the story, but narrative is all over the place!!!
Who says that a Judge cannot report corruption to ACC? If Judge Mambilima had evidence why didn’t she report the matter to the ACC?
@#6 Why would you report a case to ACC if you know their director is corrupt. I’m sure the judge knew they where useless and it would have been a waste of time to involve them.
Did the Judges report the said contempt behaviour of the so called top official to the relavant secuirity wing, or they kept it to themslves? Tell us judge who was arrested out of that case. You judges are full of shit and corrupt.Thus why a corruption case can go on for more than five years becos of your corrupt ways, you want to reap where you never sewed. Tell youe Chief Justice *** Sakala to go home,he has enough.
Guys why do all Judges have that LOOK!
The article is going in circles???????
#5 mpinganjira zeb. Well written and very succinct… very refreshing.(I know the typos were accidental)
Is this Okware lawyer the same one as the one who was being prosecuted for attempting to steal billions of Zawa money.
The BIG question is who checks the checker.
Yes it is the same Okware foreigner lawyer. Some lawyers are a shame to the BAR. By the way what has happened to the ZAWA case?
This is good news, for starters there is an admission though tacitly that corruption is rampant in our judiciary. I would like to cite dubious judgements in the recent times that were apparently corrupt.
1.0 The Mbange Farmer who was fined, 2.0 The acquaintal of Chiluba’s Wife 3.0 The stoppage of Chiluba’s procecution. The list goes on, but the question a layman like me always asks is , What has happened to the magistrates and Judges who make such judgements.
Umu Zmbian #9, Thanks for your compliments, I am given to typographic errors, you are right and I will try to be counter-checking before posting, appreciated.
The whole system is corrupt. From police officers to the supreme court.
Medea #1 I agree. If the paper had address it would help as there folk out there that would like to improve papers like this, but they have no physical address, as the minister stated.
MAYBE THINGS NEED TO BE PUT IN PERSPECTIVE FOR THESE OFFICIALS. ONE WAY OR ANOTHER JUSTICE WILL BE SERVED. WHAT SIDE OF THAT JUSTICE YOU AND YOUR FAMILIES STAND, IS ON YOUR HEAD. REFORM IS A MUST AND IF THAT CAN NOT BE ACHIEVED, WE WILL ACHIEVE IT FOR YOU. THIS IS NOT UP FOR DISCUSSION. YOU’RE AFFECTING THE GROWTH AND PROSPERITY OF ZAMBIA AND EVERY SINGLE ZAMBIAN PLUS YOU ALREADY HAVE ENOUGH BLOOD ON YOUR HANDS YOU WILL BE HELD ACCOUNTABLE FOR. WE’RE NOT AFRAID OF THESE JUDGES OR ‘SATANIC ACCOMPLICES’ AS WE CALL THEM NOR DO WE FEAR THEIR WORKS. STOP TREATING ZAMBIAN PEOPLE LIKE FOOLS AND TALKING TO THEM LIKE *****S. STOP YOUR ELITIST PRACTICES BECAUSE I KNOW FOR A FACT IN ZAMBIA THERE ARE PEOPLE WORTHY OF THAT POSITION WHO HAVE THE INTEGRITY – FIND THEM.
Uncovering the Past…………..Am all ears..
Woe to those who are heroes at drinking wine and champions at mixing drinks,who acquit the guilty for a bribe,but deny justice to the innocent.
No one should be above the fight against corruption. Not even our judges. Some of our judges have demostrated that they are dead corrupt in the way they freed thieves like Chiluba, Regina Mwanza and many other such with BIG Monies. I call upon the ACC, DEC and ZRA to investigate these SUSPECTS (judges). Please try and match their icome to assets they possess and the life style they lead. You will be amzed at the levels of corruption in this country. We should also put up machanizms to hold a Judge who passes a suspect judgement accountable. I believe the Law Association should be given POWERS TO DICIPLINE such a judge if found wanting just like other professional bodies do. LAZ must legislate to have TEETH TO DEAL with their members including judge. LAZ MUST BE ABOVE JUDGES AND NOT BELOW
mwebantu, Ireen mambilima also wants to talk about corruption after what she did during the past elections/ata seeeeeeeh/kolweeeeeeeeeeeeeeeh.
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