THE Law Association of Zambia (LAZ) has proposed that a commission of inquiry be established immediately to get submissions from members of the public and aggrieved parties over administration of justice.
LAZ suggests that the whole exercise should be in camera.
“The submissions shall provide the basis for understanding the true extent of the concerns, which at present are being relegated to the status of mere perceptions,” the report reads in part.
This is according to LAZ resolutions arising from the April 28 annual general meeting.
The report suggests several long-term and all-embracing measures that should be taken to fully reform the legal system and the judiciary.
LAZ has suggested the initiative of the inquiry to exonerate innocent judicial officers and further isolate those attracting bad publicity.
“LAZ recognises that there has been continuing and persistent issues raised around the administration of justice in Zambia and particularly, there has been a perception that incompetence and corruption have permeated the judicial system,” the report states.
The lawyers also suggested that the Judicial Complaints Authority should be redesigned and re-aligned so that it performs an independent and effective policing role.
“Therefore, we strongly recommend that after the commission of inquiry so constituted has rendered its report, and the commission finds some judicial officers wanting, the commission should recommend to the President to deal with such judicial officers in accordance with the constitution,” the report reads.
During the opening of the LAZ meeting at that time, Attorney General Mumba Malila candidly said judges are not above the law.
Mr Malila said judges must not think that their decisions and their persons cannot be scrutinised or questioned as they expend justice.
“We are now living in an age of prevalent unabated judicial controversy, where the doings of the judiciary should be publicly scrutinised and discussed almost as frequently and as with much venom as those of politicians,” Mr Malila said.
LAZ says judicial reforms will require a constitutional amendment to permit for the scrutiny and vetting of serving judges.
The report recommends that serving judges should be subjected to a process of vetting for the purpose of ascertaining suitability to continue holding office.
“LAZ is therefore recommending that the (republican) Constitution be amended during the on-going constitution review process to permit for the establishment of a vetting tribunal to undertake the task of testing the suitability of sitting judges to hold high judicial office,” the report reads.
LAZ also contends the problem facing the legal system in Zambia transcends the judiciary and encompasses the legal system as a whole, ranging from lawyers, police and security agencies, the prison service, prosecutions authority and the legal aid board.
Meanwhile LAZ has implored newly-appointed Acting Chief Justice Lombe Chibesakunda and her deputy, Florence Mumba, to work closely with the association and other stakeholders to ensure successful reforms in the Judiciary and the legal profession.
LAZ president James Banda said LAZ welcomes the two appointments as they are long overdue.
Mr Banda said the association has every confidence justices Chibesakunda and Mumba will, in the period that they are acting, assist to push the process of judicial reforms forward.
He said in a statement yesterday that it is LAZ’s sincere hope that Justice Chibesakunda and Justice Mumba will get the Judiciary to work with the association and other stakeholders in the reform process.
“As we welcome the appointments of justices Chibesakunda and Mumba and notwithstanding that the appointments are only in an acting capacity, it is our sincere hope that the two honourable justices will get the Judiciary to work with the Law Association of Zambia and other stakeholders to achieve meaningful reforms in the Judiciary as well as the legal profession,” he said.
Mr Banda said LAZ will remain focused on the structured process of judicial reforms which the association has already embarked on.
He said the association believes the Judiciary itself should take the lead in the process of correcting matters.
“The Judiciary should not allow a situation where reforms are forced on it due to inertia or lack of initiative on the part of the Judiciary.
Introspection is very cardinal in this respect,” he said.
Mr Banda commended former Chief Justice Ernest Sakala and former acting Deputy Chief Justice Dennis Chirwa for their long service to the nation.
“We wish them well and trust they will enjoy their leave and eventual retirement,” he said.
On Thursday, President Sata announced that Justice Sakala had gone on leave pending the expiry of his contract later this year.
In his place, President Sata has appointed Supreme Court Judge Chibesakunda to act as Chief Justice.Acting Deputy Chief Justice Dennis Chirwa had also proceeded on leave pending retirement.
President Sata has also appointed Supreme Court Judge Florence Mumba to act as Deputy Chief Justice.
[Daily Mail]
Very very noble suggestion
Are you SURE YOU RECOGNISE WHAT IS NOBLE???? After these clowns realise what folly they have caused, now they want to right things!! WHAT DO THEY WANT TO HIDE BY HOLDING THIS EXERCISE IN CAMERA???? IF THERE IS NOTHING TO HIDE, WE ALL OUGHT TO HEAR IT!! Talk of the mal-administration of justice, YET YOU WANT TO HIDE THINGS FROM THE PUBLIC – What a circus!!!! The crap that the LAW PRACTICE SCHOOL IS SPEWING – really stinks!!!!
Laz welcomes the appointements as they are long over due.even LAZ has to be looked at. lawyers have become very corrupt too.
Good news from LAZ. Us zambia we want a well cleasened judiciary that is able to apply the law equally to all Zambians regardless the status. Well done LAZ and I think those who like yaping and ranting will die of desperation.
LAZ will wud be greatly appreciated to seen to participate in the every legal issues to guide the public esp thos that attract debate. The Industrial relations are horrendous,workers are violated daily,pls lusaka times check records at industrial relation court and how far LAZ has gone of a Judge that was failing to deliver judgements since 2006 pls,she promised to clear by june;has she? Workers have rights
MALABISHI
Just admitting to being part of the axis of evil. The mafia reigns supreme.
I’m not sure about the so called corruption in the judiciary.So far the only case that has been in the fore-front has been the State and LAZ seemingly to want to protect MMembe and Nchito from paying the K14billion.All the noise about the Chief Justice,Chikopa etc has seemed to be centred around this.Unless there are genuine cases like the one Mary Jane in #2 has pointed out I’m skepical about LAZ ‘ intentions
Where have you been hiding, in the cave somewhere in the Amazon? Are you telling me you don’t remember the dubious aquitals of FJT Chiluba of his corruption case, and the public outcry that that aquital caused? Or the highly suspicious aquitals of “soft bums” Dora Siliya on a techniquality? Or the seemingly high disparities in the sentences handed to the well-connected and those without political connections or the poor? The list goes on!
In Zambia during the MMD reign the justice system became two separate but unequal systems. One for the us ordinary Zambians and the other for the well-to-do and the politically connected. And the judiciary is for the most part to blame for this. They allowed themselves to be compromised, politically, morally, financially, and others!!!
Has HH been briefed about this noble move? HH is a stray canon that can mobilise our hungry youths to go into our streets and stupid public opinion thru his Watchdog online media to protest gainst any sensible and well meaning sugestion like this one.
Bushe HECNP can agree to this well-meaning proposal? He wants to protect abanankwe abena Mutembo Job abalya K14b na frendato wabo Fred Mmembe.
I forget to mention that we must set up a Leveson Inquiry to probe HECNP’s relationship with anf how he has been held at ransom by Fred Mmembe. But tulefwaya nakalya kantu ka K14 billion akabweshe.
@8 HH must have a say…indeed HH is happy with the ovehaul of the judiaciary…and is happy with these recommendations. What HH does not want is the so called judicial reforms to protect thieves like mmembe and nchito. in fact lawyers are the ones who corrupt judges so the reforms must cover them as well.
Judges would not be corrupt without the participation of Lawyers(Liars). It is the lawyers who encourage corruption. It is the lawyers who go to the judges in the middle of the night to fix judgements. LAZ must re look in its own house and conduct of its members.
I TOTALLY AGREE WITH YOU, THEY ARE THE ONES THAT OFFER THOSE BRIBES NOT YOU AND ME THE COMMON MAN ON THE STREET.
Did you know that the lawyer for the accused and for the defendant agree to delay the cases as much as the want through adjournments. This gives them time to milk their clients over a long time. These adjurnments are pre arranged with the judge or the magistrate. In case you did not know why cases take so long in Zambia. It is all because of the lawyers(Liars)
Why is it that some bloggers have failed to see the obvious in all these years, that our judiciary is not untouched by the prevalent and severe corruption. Is it out of stupid ignorance or is it due to vested interests? @Maria
Fi Lawyer e fikabolala.
Judicial reforms should never be about removing judges you don’t like and replacing them with your own. The next president can also carryout his own ‘reforms’. It would be better if the nation was told the inadequacies in our judicial system and how to improve it. At the moment the reforms seem to be centred around the k14bn issue.
LAZ also contends the problem facing the legal system in Zambia transcends the judiciary and encompasses the legal system as a whole, ranging from lawyers, POLICE and security agencies, the prison service, prosecutions authority and the legal aid board.
the trouble is that the accusers are not themselves above board.
What we need is a commision of enquiry into LAZ . The lawyers are the thieves.
We will continue milking our clients. We know how to get the money!
Under Chiluba.and Mwanawasa the best lawyer was Erica Sitwamba. He won all the cases. He continued to win cases for the MMD under Banda. He saved Doria Sililer from going in. He saved Kafupi against his case where Kafupi denied his father.
Then came another good “lawyer” in name of Sakiba Sokota. He won the cases for the MMD. These two liars where well connected. Now that they are not connected and sakalanyongo is gone they will not win any cases.
The best lawyer now will be Winner Kabamba…..he is most connected lawyer in our time.
But is this what Sata has been trying to do all along??????????????????????????????????????
Justice Florence Mumba is Corrupt not fit for supreme court remember she was removed from ECZ ,until cleared of that tag,she is corrupt! Also, Justice Mambilima has no sound mind for that high office see the contempt case, of Chilekwa -“Stupid Judgements by stupid Judges”……Sata can do better with Lombe C but without this latter crap!
Did you why lawyers like Mumbai Kapumpe have not been winning cases? They were not connected. Now that they are connected with PF you will see Kapumpe will be winning cases. Look out for the cases where Mumbai Kapumpe is representing the financial magnet Rojan Matanna.
You are good! I ve a bright morning full of laughter! The way you twist the names around! Just dont twist mine please!
The only cleansing going on is ethnic cleansing. All positions in the 4 arms of govt must be filled by Bembas. Fullstop. Munamizya bani kansi a chimbwi mweo.
Crazy lawyers!! You all remember what ba late George did? Under Mwanawasa,He prosecuted Chiluba in the London Judgement. Because he wanted to eat from Banda as well he refused to register the same judgement in Zambia. And he was one time President of LAZ…..? What crap……!!
George under Banda was right. Mwanwasa wanted to legitimise his presidency thus he started persecuting FTJ in cohorts with Mmembe. Open your eyes people!
No matter how high a doctor is, he is still subject to the disciplinary processes of the Medical council which registers them to practice medicine. Where there is professional or ethical misconduct, the council can discipline the medical practitioner. Why does the Law association fail to discipline lawyers in Zambia? These judges whom this LAZ is complaining about can only practice if they are in good standing with LAZ. I do not understand why all these lawyers keep slandering the judiciary in Zambia. If they have evidence of wrong doing why not report the judge to LAZ?
This commission should sit in public and and not in camera. What are you hidding. Let it start now so that one Kadansa, aka bornwell chunsu the barking rabid mongrel can see what he has been supporting. let it come on pronto.
LAZ executive comprises wicked lawyers whose aim is to blindly support those they believe with fete them like the likes of membe and Nchito. In short LAZ is a useless board no reasonable person can trust them anymore. Genuine judicial reform should indeed also carter through all like LAZ, ZCTU, NGOs, parliament, executive and judiciary.The reforms being advocated by membe and LAZ are bent at disgracing judge Ngulube and his team. As you may know it is shameful for Ngulube at 69 years to retire but only to be replaced by Chibesakunda who also is 13 years past retirement age and her deputy is 9 years above retirement age. Why can’t these two also retire to give room to younger judges.
If mmembe doesnt approve this it will go nowhere,remember memmbe is our god in zambia!
The government is the potent omnipresent teacher. For good or ill it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that the end justifies the means — to declare that the government may commit crimes — would bring terrible retribution – Justice Louis D. Brandeis
The public should not persuded by the suggessitions of LAZ Chairman.He is a total fuilure and lacks experience.In the medical profession you dont do such things where a junior doctor can challenge the experience of the surgion or consultant phyicician or Radiologist they give respect to their seniors.Even the Permanent Secreatry is a surgion he respects the ideas of other surgions.A good example is the Minister of Health a good physician but he cant denounce other medical specialists despite that he is minister.But for the LAZ president Banda as young as he is he keeps on insulting senior judges saying they are corrupt and he can not substiatiate those allegations.Judges are human beings like other pipo they need protection from the LAZ not they way they are dehuminising the judges.
@7, Maria:
Have you been hiding in a cave somewhere in the Amazon? Are you telling me you don’t remember the dubious acquittals of FJT Chiluba, and the public outcry that the acquittals caused? Or you already have forgotten the highly controversial acquittals of “soft bums” Dora Siliya on a technicality! And not even 48 hrs later she was reappointed Education Minister by RB. An action any intelligent person would find highly suspicious. Why didn’t RB appoint someone else when Siliya resigned as Minister and was going through the tribunal process? Unless, of course, RB knew she would beat the system and reserved a ministerial post for her. If so. how did RB know all this? Should we say CORRUPTION? Well, you decide ba Maria!
Please tell us what evidence was adduced in court that warranted FTJ to be convicted and bear in mind that convictions in criminal law are beyond all reasonable doubt. Give us your grounds of appeal then we shall hear you. Otherwise keep quiet because it was the same Mmembe who pronounced FTJ guilty before the court did its job. Give us the evidence!
Yah, and it was the same evidence that the court in London was looking at and Chiluba was convicted! RB comes in and promises never to send his pal (Chiluba) to prison under any circumstances. Trust me had LP Mwanawasa lived, Chiluba’s cases would have had very different outcomes—you can quote me on that!
In fact RB was busy telling the nation (in the Copperbelt) to accept the acquital even before the judge was done reading his ruling in court—how did RB know FJT was going to be acquited? Mind you this was after the same Judge postponed the ruling some days earlier under unexplained cirmstances. And you have no quams over such political engineering of our judicial system?
Bwana @Dull as usual, read the London judgement for yourself! It is packed with evidence. Evidence collected and assembled by one George Kunda who later became Chiluba’s ardent protecter because of the stance of RB (Kunda’s boss) on FJT cases. How come Kunda later in RB’s time became the worst enemy of his own work he had done during when Mwanawasa was live? Men who lack principles are easily corruptible—and asking for evidence from me can never reverse that!!!!!!
WHAT WE ARE SAYING ABOUT THE K14BN IS THAT THE JUDGE WHO MADE THAT JUDGEMENT DID NOT MAKE AN ERROR. BUT HE CHOSE TO MISDIRECT HIMSELF IN ORDER TO FIX M’MEMBE AND NCHITO. SO IT IS NOT JUST A MATTER OF SAYING THAT THE JUDGE SAID PAY K14BN AND ALL THE UPND CADRES START TO REJOICE SINGING PAY PAY PAY. NO. WE ALL KNOW WHAT THE LAW SAYS. THINGS ARE SO VERY SIMPLE AND STRAIGHT FORTWARD.1) THAT CASE HAD BEEN WITHDRAWN BUT THE UPND JUDGE WENT AHEAD AN PASSED JUDGEMENT 2) THE CORRUPT JUDGE LIED THAT JUDGE WOOD WHO HAD BEEN HANDLING THE CASE HAD RECURSED HIMSELF FROM THE CASE WHEN IN ACTUAL FACT HE HAD NOT. THERE WAS NO WRITTEN DOVUMENTATION TO THET EFFECT. 3) THE LOAN WAS OBTAINED BY THE COMPANY ZAMBIAN AIRWAYS. NOT MUTEMBO. 4) THE JUDGE DOES NOT WHANT TO BE PROBED BY TRIBUNAL. I CAN SMELL A RAT.
cont…
During the reign of the MMD, an individual with means and political connections could easily procure justice with impunity. This was no secret to anyone. Well, maybe only to people like @Maria who deliberately decided not to notice what was going on and they are still in denial. And yes, the judiciary is for the most part to blame for this. They allowed themselves to be compromised politically, morally, financially, and others.
This LAZ chair is forever in Mutembo’s office, I take whatever he says with a large pinch of salt. Sorry bwana!
@11 I am afraid DBZ must have lost the money. Grz cannot hold Nchito liable for any monies borrowed long after the company has been seized by the state. Yu recover your monies from the sale of shares, property like air planes. Its too late to hold anyone responssibe for the lost money. Nchito has simply and clverly out manuveured the state.
This should be the most stupid of LAZ presidos – BY HIS SUGGESTION, HE IS EFFECTIVELY SUSPENDING THE CURRENT CONSTITUTION, which requires complaints to be DIRECTED TO JCA – NO AMOUNT OF LOBBYING CAN SUSPEND A CURRENT CONSTITUTION!!!!!!
LAZ & friends have already messed up Ukwa, BUT THEY CAN’T JUST GET IT!!!!!!
Too many commission of inquiries.
pack of *****s in LAZ
The appointments of the two justices seals off reforms in the judiciary.Next,reforms in LAZ.Laz behaves like a headless chicken,they have no direction and one cant bank on them for competent advice except on politics.They are also behaving like CNP.
A bit nt in line wth subject bt nice,
An Israeli doctor says : “Medicine in my country is so advanced that we can take a kidney out of one man, put it in another, and have him looking for work in six weeks.” !
A British doctor says: “That is nothing, we can take a lung out of
one person, put it in another, and have him looking for work in four
weeks.
A Canadian doctor says: “In my country, medicine is so advanced
that we can take half a heart out of one person, put it in another, and have them both looking for work in two weeks.”
A Zambian doctor: not to be outdone, says: “You guys are way
behind, We just took a man with no brain – made him President, and now the whole country is looking for work. Whoever put this one on ZWD has
really made me lough. Bravo
These three girls are all part of the rot, this is not reforming the judiciary, it is typical Chimbwi Ukwa no Plan.
Have a lough from a great blogger on ZWD: An Israeli doctor says : “Medicine in my country is so advanced that we can take a kidney out of one man, put it in another, and have him looking for work in six weeks.” !
A British doctor says: “That is nothing, we can take a lung out of
one person, put it in another, and have him looking for work in four
weeks.
A Canadian doctor says: “In my country, medicine is so advanced
that we can take half a heart out of one person, put it in another, and have them both looking for work in two weeks.”
A Zambian doctor: not to be outdone, says: “You guys are way
behind, We just took a man with no brain – made him President, and now the whole country is looking for work.
it is time this is done good news lets know when we need to move on
Thank You LAZ, at least you have woken up from the slumber finally. Ths sounds like the Kenya purge of dirty judges. I wish it could be done in public so that the corruption in the Judiciary is burried once and for all. Kenyan Judiciary is one of the best after that bored step. Let it come in quickly. All those hidding in the judical review twalabamona. Ifyakuya ubushiku fitulikila kumalushi.
The Minister of Justice should jump on this and act accordingly. We are tired of these characters. This should be extended to all men of the wig. I hope Sir-kwiba the defender of plunderers is clean. Wapya munzi. Bring one pilsner please.
Chisenga the Minister or Attoney General has no power to withdraw the case in the court of a public limited company like DBZ.The Board of Directors are the one who took the case to court and withdrawing the case it will require the Board of Directors of DBZ that there was an intention to settle matter outside the court or are their any minutes to show that the matter was withdrawn from the court.It is current minister of finance who wanted the case withdrawn unfortunatlely the company Acts does not allow a minister to do that.It just like the President can not withdraw acriminal case from the court it is only the DDP who can do that with genuine reasons but his action can be challenged by any authority.But in the case of DBZ Mutembo and Mmembe have to apy back what they borrowed.
Maria what about Mr Sata who was aquited of having stolen vehicles from the Ministry of Health.Was the magistrate corrupt remember that Mr sata was saved by savier Chungu who gave the evidence in court that Mr Sata was a private member of the special Branch and he was allowed to change the number plates of the vehicle from GRZ and that is how he was aquited.Is it not the same Judiciary you are christizing to day.In criminal matters any body can be aquited on technicality what it means that you have to prove the case beyond reasonable doubt otherwise you can jail some body for the offence which he did not commit.Public outcry is not the proof that FTJ stole.Read the judgement which was delivered by the magistrate then you will learn one or two things in criminal law.
Will the Malawian Judge get involved????????????????
ZIALE and LAZ itself must also be investigated. WE hear of a conspiracy at ZAILE of failing students to regulate number of practicing lawyers.
the wtwo jsutices are above reteirement age..look elsewhere
I have more problems with lawyers than judges in Zambia at the moment. Let the commission include inquiry on lawyers as well.
LAZ must cleanse itself first before extending its corrupt tentacles to the public. This Law Association should have interpreted many legal issues that are hovering over Zambia professionally. Issues relating to the appointment of Mutembo Nchito as DPP. legal backing of the K14 billion stollen from DBZ and the current hot issue involving the suspension of Judges where a foregn cheap Malawian Judge is considered more superior than any legal brains in Zambia. IT IS BEST FOR LAZ TO SHUT UP!
From Eastern to Northern what judiciary reform is Ukwa trying?
I shall pray to God Almighty that LAZ’s plea reach His ears unedited and touch the hearts of those that hold the instruments of power!!!