The Judiciary has threatened to institute contempt of court proceedings against persons issuing unwarranted attacks on the Supreme Court Bench in order to preserve the integrity and dignity of the Courts of Law and its officers.
Acting Registrar and Director of court Operations Maka Chilombo Phiri in a statement issued to the media, said while the Judiciary is not immune from criticism, even of Court judgment as criticism forms the bedrock of any democracy, it is concerned with the growing trend of personal assault on individual Judges who are not in a position to defend themselves, as opposed to attacking the substance and content of the Judgments in question.
She said the Judiciary has noted with deep concern the incessant attacks on the Supreme Court of Zambia following the outcome of election petitions arising out of the 2011 general election.
Below is the Full Press Statement
THE JUDICIARY CONCERNED OVER ATTACKS ON THE SUPREME COURT
The Judiciary has noted with deep concern the incessant attacks on the Supreme Court of Zambia following the outcome of Election Petitions arising out of the 2011 Presidential, Parliamentary and Local Government Elections.The Judiciary would like to state from the outset that it is not averse to criticism, even of Court Judgments. It has been a long held view that criticism is necessary as it forms the bedrock of any democracy.
What is of concern, however, is the growing trend of personal assault on individual Judges who are not in a position to defend themselves, as opposed to attacking the substance and content of the Judgments in question.
In every case whether election petitions or other cases, the Supreme Court sits as a panel of any three (03) or five (05) or seven (07) 0r nine (09) Judges. Each Judge gives his/her opinion on every appeal based on the facts as presented and the Law, and the majority decision takes the day. Each Judgment of the Supreme Court represents collective wisdom of every Judge of the Supreme Court. So ultimately, the decision of the three (03), five (05) or seven (07) or nine (09) Judges represents the decision of the entire Supreme Court of Zambia.
It is therefore, unfair for anyone to single out the acting Chief Justice as being solely responsible for the outcome of any Judgment of the Supreme Court. The acting Chief Justice like any other Judge does not sit on all panels. Even when the acting Chief Justice does sit on any such panel she sits as a Judge of the Supreme Court expressing her opinion based on the facts and the Law. And, as is the case with all other Judges, the acting Chief Justices’ opinion is subject to the decision of the majority.
Unless there is proof of impropriety or professional misconduct which should be directed to the relevant authorities or institutions to deal with, the Judiciary shall insist on and accept only those criticisms being based on the substance of the Judgments and not on personalities. Should the unwarranted attacks persist, the Supreme Court shall be left with no option but to institute contempt of court proceedings against persons found wanting in order to preserve the integrity and dignity of the Courts of Law and its officers.
In this vein, the Judiciary wishes to remind the General Public, including all social and political stakeholders, to jealously guard Institutions of democracy such as the Courts of Law.
The Judiciary shall remain steadfast in ensuring that it operates independently, professionally and efficiently in the administration of justice. It shall uphold its integrity ad impartiality in its quest to provide equal access to justice for all.
Signed and Issued by:
The Acting Registrar and
Director of court Operations
The Judiciary of Zambia
Dated: 10th July, 2013
This goes especially to Hakaivotela Humwine(HH) who has been launching relentless attacks on this important organ of the government.I hope the poor dude heeds to this timely advice.
why HH?? what of LAZ,mulongoti, father bwalya, My president George mpombo, … etc
Anyway, i wil wait for the minister of justice to be ordered by the speaker to issue a minsterial statement on the acting of a chief justice before i can make a detailed comment
Chibesakunda should not equate herself to the entire judiciary. She is just one cog (in fact an ‘acting’ , pretend or make believe one) in the entire judicial wheel.
The people who have been calling for her removal are not documented lunatics and have some grounds.
The integrity and dignity of the judiciary will only begin to exist when these offices are no longer appointed by the president. Until then they are just a bunch of boot-lickers ready to loot the national treasury together with the appointing officer.
@Anna Lyser
Absolutely Agree with you. You make excellent points
@Saulosi
I think you too have been exposed as a blind follower or at best can only see in one dimension just like the author of the same statement. How does Mrs Phiri fail to see that a rejected (by parliament) Acting Chief Justice is bound to attract attention from all Zambians wishing to see the Rule of Law prevailing over the land? How does Mrs Phiri fail to see that the ACJ will attract criticism when residing over questionable judgements that are glossed with “advice” especially when the questionable judgement favours her relative and appointing authority. These are factors attracting the justified critism upon Chibesakunda and the office she occupies. On elections, what “malpractices” is the supreme court seeing that the high court failed to see? All these will just attract…
STUPID JUDGEMENTS BY STUPID JUDGES……in the spirit of separation of powers, Let Lombe chibesakunda justify her STUPID supreme court JUDGEMENT on Judge Chipoka’s tribunal. The judges versus Sata appeal was on solid ground in favor of the Judiciary, knowing the Sata’s heads of argument were based on shielding Fred Mmembe ,Mutembo Nchito and the 14 BILLION DBZ loan. Where is the fundamental principle in that Judgement of Lombe. ?????
Indeed, STUPID JUDGEMENTS BY STUPID JUDGES!!!!
THE PEOPLE V LOMBE CHIBESAKUNDA, MUTEMBO NCHITO AND LOVEMORE CHIPOKA- SUMMARY DECISION
You may all know by now the overwhelming “STUPID JUDGMENTS BY STUPID JUDGES” that have rocked our Judiciary under the disgraced leadership of our madam Lombe chibesakunda. Lombe chibesakunda and her two fellows above are a fraud and a menace to our judicial system………..
1) Madam Lombe Chibesakunda is an illegality, (If Justice Chibesakunda was born in 1944 as indicated in her resume, she’s nearly 69 years, contrary to Article 98(1) of the current Constitution which stipulates that “a judge of the Supreme Court …shall vacate that office on attaining the age of sixty-five years”.)
2) DPP is a fraud ( He forge Judge Gregory Phiri’s Judgment ,contrary to Chapter 87 , Section 373 of the Penal Code,…
Section 373 of the Penal Code, and lied to Parliament select committee-contrary to parliamentary rules , 14 billion DBZ theft and false pretence -@ corporate veil, for thieving!!!!! Contrary to Chapter 87 Section 264 ,265 and 266.)
3) Malawian Judge Chikopa is a thief, a fraud (obtaining money by false pretence and pecuniary advantage, contrary to Chapter 87 , section 309 of the Penal
Code.)
In view of the above, I find the above accused, guilty and in sentencing, the law shall take effect accordingly, no right to appeal until after 5years. The disgrace caused to the bench and to this honorable sovereign state of Zambia is appalling!!!!!! Moral conscience, public confidence and integrity MUST always be upheld in execution of our justice system.
Yours,
JUDGMENTS BY HONORABLE…
democracy??? is our country still democratic?
l see you can spell the word democracy -now go and look up its meaning
Be warned your honour that the hour of reckoning does come in every situation. Currently you’ve the power behind you and you could be saying that for “pieces of silver”. The people on the ground are mightier and one day things may not be the same for our leaders!
democracy involves putting into action the opinion of the majority. it involves respecting and taking into account the views of the people from the ordinary citizen, going up. once u see ppl rioting and the like, then you know something is wrong.i mean why should people lash out if this is being done?? ..lets be frank.our 4 fathers, lashed out in the past because their voices were being suppressed, because they had no say in their own land… and the same is starting to happen in zambia again
WTF! Is that court full of people in “Acting” positions or what? The issue is TOTALLY objective and crystall-clear: The people( parliament ) vetoed the null-and-void “appointment” as CJ, the acting position is untenable after over 6 months or is there a constitution within a constitution which only legal brains “on the inside” are using, well apart from the people? Its never been this sick pa zeddi, gosh!
Judiciary do not elicit respect through threats. Just answer to the genuine concerns raised over the Acting CJ.
this letter is coming from bwinjimfumu.
HH how many days remaing so that you occupy the CJ’s office?
Its funny how the judiciary has never issued a press statement everytime the government disobeys court orders or PF diobeys the law….Sorry we can’t take you seriously.
Quite a mess we have herein.
LT, please remove the photo of this nauseating orangutan from this story..
Bane respect is important, honestly speaking what are you trying to say? really i have no words, dont do that we all have parents lets not behave like people who fell from trees, appologise you are way out of line you have a mother i suppose?
“Chindika wiso na noko nga wende inshiku ishingi pa chalo”
Bemba saying derived from the Bible to respect your elders for God to bless you with a loooong life on this planet.
Is this the prelude to jailing those supposed ZWD journalists? For contempt of the Judiciary because people are insulting Lombe on ZWD?
We (the collective We) the people are greater than 1 Lombe. My level of respect for her has gone down a notch. (I am now addressing her as Lombe).
Who knows what I’ll be calling her next week?
I think i have no faith in the courts anymore after i read a piece on Z Mbwa of how they took out Paul Tembo and all those innocent witnesses and no one raised a finger to bring the known culprits to book? Even i know that they murdered the guy, i have no words, thankx to ZMbwa i could have been supporting blindly, indeed knowledge is power, am not a fun of the comments and the biasness of ZWD, but closing it is not an option some information they bring out we wouldnt get it from nowhere else, i say we need ZWD, they should just censor on some comments and the authenticity of the stories, but yakwa Paul Tembo made me sad MHSRIP and may those involved get their punishment i hope whilst still alive!
Please can you enlight us.I’ve always wondered what happened to the case of the Late Paul Tembo.
Mulenga google Zambian watch dog website, the story is there, really makes sad reading, i myself had no idea over what had led to his death, i thought he was sick or some kind of unfortunate car accident, only to read the article on ZWD remembering Paul Tembo, really sad.
VIVA IREEN MAMBIMBILIMA
“Unwarranted attacks”. What does this mean?
What of the warranted attacks. Expect more
wrangles between the Judiciary and the common
man. The reason is simple. Nobody and certainly
not the common man understands the way the
Judiciary operates.
Let those insulting and questioning this timely warning go hang ! Bunch of enemies of civility and political/judicial modernisation. They can’t even dispense impartial justice in their homes. Losers!
Enemies of justice. Loser!
The Judiciary shall remain steadfast in ensuring that it operates independently, professionally and efficiently in the administration of justice. It shall uphold its integrity ad impartiality in its quest to provide equal access to justice for all.
MY FOOT….
Does the Judiciary ever have any integrity when the state is not even following what they are ordered to do….why cant the state be charged with contempt of court for not releasing RBs Passport ?
This confirms the Judiciary has been taken over by Pf cadres, our judiciary never used to be at loggerheadds with the public, never. This letter is similar to those cadre letters tha Geoge Chella writes from time to time at state house.
Threats to the people won’t work. Just cite the law which prohibits the citizenry from criticizing especially if the law of the land is not being followed.
So the judiciary can lash out at and threaten its critics (who presumably are guaranteed freedom of speech), but it can’t do anything about the clowns in government who ignore judicial orders such as the return of Rupiah’s passport?
So ku Zambia everyone’s title is now preceded by the term “Acting”?
Indeed time has come for recidivist critics of the judiciary to own up in court.
This what it means when the independence n fairness of the courts’ judgement is questioned
No amount of intimidation should silence the right to public expression, i repeat CibesaKunda has reached menopause , useless on the bench and and in bed, i dare you to arrest me
Lombe Chibesakunda….. Just Resign, don’t you have anything better to do? Just resign and save the judiciary from public ridicule. The parliamentary select committee reject your appointment. Charity begins at home. Respect their decision if yours are to be respected
Hey, Go and petition the constitution whaich doesnt allow people who are too old like ChibesaKunda to hold this post. She has dementia and so cant judge properly as you can see he decision over Chikopa. After that please charge Sata who appointed her to this post.Sata too has dementia as you can see there is nothing good happening in the country. Too much witchcraft
Unfortunately, the statement contents confirm People perception of what is wrong in to-day Judiciary:
1. Political servitude vs. independence from political pressure;
2. Deliberate wrongful interpretation of the law vs. unconditional compliance with established interpretation and most importantly
3. Cardinal legal principle of “nemo judge causa sua” has been abandoned in the “altar” of the new “see no evil, hear no evil, speak no evil”.
Whilst I fully and unconditionally agree with the “statement” portion regarding unwarranted vulgar and obscene comments directed towards particular member of the Judiciary, it is most unfortunate that the same Judiciary has become unaccountable to the very same Constitution they swear to protect and instead adopted policy of threats instead of…
adopted policy of threats instead of dignified, independent and respectful interpreters of the Laws created by the People and for the People of Zambia.
It is my sincere hope, that there are Members of the Judiciary which still cherish their moral obligation to protect Constitution and I am hoping to see them dispensing the Justice in accordance with established legal principles without fear and without intimidation.
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