FROM: THE HON. SECRETARY
TO: ALL LEGAL PRACTITIONERS
DATE: THURSDAY, 9TH MAY 2013
SUBJECT: APPOINTMENT OF STATE COUNSEL
We wish to draw the attention of members and the general public to the law regarding the appointment of State Counsel. Section 17 of the Legal Practitioner’s Act provides the procedure for the appointment as follows:
17. (1) Any practitioner wishing the rank and dignity of a State Counsel for Zambia to be conferred upon him shall submit his application, accompanied by the recommendation of two State Counsel, in that behalf to the Attorney-General.
(2) On receiving such an application, the Attorney-General shall, after consultation with the Chief Justice and the (Law) Association (of Zambia), make such recommendation thereon to the President as he thinks fit, and the President may, after taking such recommendation into consideration, in his discretion, either reject the application or, subject to the other provisions of this Act, appoint, by Letters Patent under the Seal of the Republic, the applicant a State Counsel for Zambia.
The Council of the Law Association of Zambia has taken the position that should the Association, during the consultation process, express an opinion that a Practitioner should not be granted the Honour and dignity of State Counsel, but the said Practitioner is nevertheless granted such honour and dignity then the Association will send a notification to the membership and the public as to why the Association did not see it fit to recommend the appointment. This will apply also to those appointed without following the procedure stipulated above. The Association will reserve its rights in all respects pertaining to such appointments.
It is the position of the LAZ that State Counsel must command respect within the profession and as such, such honour must be granted on merit and not due to any other considerations. This decision is meant to preserve and protect the profession and the honour and rank of State Counsel.
So did HE MCS follow these procedures when making Wynter SC ? mmmmmmm…….
Is it not therefore cardinal for any self respecting Lawyer to decline a politically engineered appointment to State Counsel?Can LAZ clearly come out in the open that such individuals so appointed will not be recognized as SCs and may attract further sanctions upon themselves.
Abuse of authority
We shall strip Wynter of the honour conferred on him. It was done illegally.
Dramacidal at work !
Thank you very much for the info, we will soon consult you for more as things unfold.
Michael Sata is illiterate and sick. In his confused brain, he thinks State Counsel is a political appointment. Even after more than 12 months in office we are still getting this childish behaviour from the president. It is irritating. That is why he will have lost all the respect people had for him by the time he leaves state house. He is such a bunkum…even a street kaponya would have ruled Zambia in a better way compared to Sata. He does not even feel ashamed of his silly, st.u.p.i.d behaviour. We are tired of him and his infatile proclivities!
i feel your pain dude.
I second your thoughts word by word.
Does this president want people to be happy when he dies? It seems that is what he is busy creating. He os so dull he doesn’t realise….or may be he doesn’t care…and so be it!
he basically lacks education and he is out of depth with his job.
This I.doit wants to take politics to the Law Association of Zambia.He is brainless and too childish….
This is not about politics. It is about doing the right thing. RB and Sata overstepped their authority and just dished out the honour to every lawyer in the inner circle. Linda as Honourary Secretary is just communicating what LAZ has authorized her to.
Iwe Stick which SC did R.B ever confer without following procedure?
lusaka times,, whats the real story behind this LAZ press statement?
It is reported elsewhere that two lawyers are to be sworn in as state counsels without following constitutional procedures.
@the london eye
Thanks, i notice your ` london eye` can see from afar the abuse of authority by PF !
And LT donot be scared chickens break that news then attached that LAZ reaction
There is nothing that can change Mr Sata’s weird character, not even the presidency, in fact the state house is no longer a dignified place it ought to be.
The saying goes something like this, ”You can take a man out of the ghetto but you cannot take the ghetto out of his head”.
With Sata, I would go as far as the “bush” and not just the ghetto!
dont worry, we have a ‘drunken master’ in state house. when he wakes up from his stupor, he will realize what mistakes he has been making, and hopefully correct the same!!
Who is ruling you *****s
Things are really falling apart in PF. People are coming out of the loony factory (Chainama), who would have thought Fr Bwalya would even think himself as presidential material? Remember that song, who let the dogs out? Kaya mwe. Cry the beloved country!
Its sad, really very sad. The sky is the limit for him in as far impunity is concerned. Wait and hear his bellicose rhetoric during the swearing in ceremony for the so called State Counsels. By the time our President leaves State House, the Nation will reach such mediocre levels that Somalia and Malawi will be Zambia’s super powers folks. Its very frustrating and irritating indeed.
HON W. KABIMBA SC….ITS FAKE!!
Even the honors during independence were questionable. Imagine Kabimba being honoured, what has he done for the country? It is a shame for Sata to use his position to honour his friends. It clearly shows that Sata does not know what to do with the presidency; it is too much for him. Please do not allow this psycho to mutilate the legal profession. Honestly speaking, does Kabimba deserve the SC status? What has he done in law to warrant the bestowment of such a high honour on him? Even those who are being bestowed with the SC status, if you personally feel you have not met the requirements, please decline out of integrity. Why should you carry a title knowing very well that you do not deserve it? Such honours are only worthwhile if your peers in the profession recognise you. God help us.
Is it the case that only males can be appointed to be State Counsels?
If not, perhaps the language ought to become a bit more inclusive.
spot on alot of women deserve the title of state council. I surely do not know any woman who is.
drama at its best. next is edgar lungu state counsel. why not just have a press conference and address national issues. it will everyone if pf told the zambians tjheir strategic vision.
Sata thinks that he can grab any woman he wants to be his wife. He desired a doctor, he grabbed her. He then went on to think that he can be President, he did. Now he thinks that being President he is immune from any laws, he has. He is forgetting that two of his predecessors have faced the law without the immunity. BUT for Sata, I think he will not be stripped of his immunity, but he will be stripped of the Presidency. He will go down in history as the first African Head of State to be impeached, but then, he is already stuffing Parliament with his toilet papers.
Where has it happened. Pa ZED. KK 27 years….KK No-Change. Riots in 1991 forced him reduced his term. FTJ wanted third term failed and managed to dribble Sata and turned agaist KK. Mwanawasa dribbled FTJ by showing fake Loyalty, but when the instrument of power was handed over, turned against FTJ. RB was lucky but only ruled for 3 years in history of Africa. Sata come in after dribbling the poor majority of Zambians, however, he has made history. He made so many wrongs already through dull ministers and post chaps. Is he not further going to make another History within this five years. I can see impeachment processing.
@london eye. Sata has never lived in the ghetto. Little wonder (unlike you, with your scrounging hither and thither) he has had friends in high places all over the place.
where was he staying whilst in England? Kensington?
@2201, Kalanga Street,
Please, don’t publicize your ignorance, that phrase I used is a ‘figure of speech’ and you have chosen to translate it word for word into your vernacular language to get yourself mixed up.
Secondly you do not know me and how you come to say I am scrounging makes me feel sorry for you. And where in my post did I talk about anyone having no friends in high places? Please avoid getting too excited.
@2201 katanga street
Sata did live in the ghetto,, get your facts right! yes, its history but Ghetto was once his home… thats where he learnt smoking, insulting, name calling and stone throwing… just take a good look at his character you will see the ghetto in him!!!!!
LAZ should explain abit more. Do they have people in mind. It seems also that the law as it stands their recommendation can be ignored. Why then have such a law.
LAZ, just shove those laws, Sata is now running your organisation based on what he thinks and wants to do. Aren’t you the same pfools who campaigned for him day and night?
Where does this leave “Ndaifulila” SC?
That’s your president. The world has become more complex in every sphere of its existence. At the core of its complexity is modern state governance that feeds directly in creativity and innovation of its citizens. However, this novelty is appreciated by those seeking change and able to fit in this ever changing geo-political landscape. Any nation that shines away from this metamophosis will drop off (become irrelevant to modern governance, die off). To stir and enthuse a nation its leader must bear marks of change. What prospect has Zambia got to log on to modern governance with its complexities and your current crop leadership?
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