Wednesday, May 22, 2024

Press Statement by Judiciary not legally binding – LAZ

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LAZ president James Banda
LAZ president James Banda

PRESS STATEMENT ON THE PRESS RELEASE BY THE JUDICIARY-9TH AUGUST 2013

The attention of the Law Association of Zambia (LAZ) has been drawn to the Statement issued by Mr Terry Musonda the Public Relations Officer of the Judiciary, in which it is suggested that the Supreme Court is not required to render a report under the Electoral Act, and that the decision of the Supreme Court is binding on everybody including the Electoral Commission of Zambia

To start with LAZ is deeply concerned that the Judiciary has elected to interpret the law on such a serious national issue through a press release by a person other than a qualified Judicial Officer.

The role of the Judiciary is to interpret the law through its Judgments and rulings delivered at a properly constituted tribunal as provided for by the law. Accordingly it is unacceptable for the Public Relations Officer to issue a statement on a matter which may well end up in Court for determination and/or interpretation of their Lordships and Ladyships.

The Statement by Mr. Musonda that the Supreme Court is not required to render a report under the Electoral Act is a matter which should have been left for a suitable Judicial pronouncement or Judgment as it has serious implications and repercussions. This is so because the Electoral Act contains mandatory provisions prescribing the criterion for rendering reports to the Electoral Commission. Furthermore, the High Court and the Supreme Court are superior Courts of our Judicature. They are required to be moved by some known process before setting out to make determinations or pronouncements like the one attributed to Mr Musonda. Even where these superior Courts choose to make pronouncements on their own motion, the expectation is that the Courts will do so while sitting in their capacity as Courts of record.

For the reasons above, LAZ takes the view that the said Press Statement by the Judiciary and the interpretations in the said Press Statements are not at all binding as they lack the force of the law which is characteristic in a Judgment.

LAZ wishes to reassert that it will continue to engage the Judiciary to ensure that its role in the dispensation of Justice and guiding the Nation on the matters regarding the rule of law are respected and guarded.

JAMES BANDA
PRESIDENT

76 COMMENTS

  1. LAZ only seem to have a problem with who issued the statement but not the interpretation. This is why we say we have a problem with people we call lawyers. instead of stating their position, they go talk about the public relation officer. wake up

    • Yes! Twende please ask someone to interpret what LAZ said in your mother tongue!
      LAZ is correct. The Public Relations officer of the Judiciary is not a Judge. He cannot interpret law.
      Anyway we now know clearly who Chibesakunda is serving!!!

    • @ Patrick and Goncalves the sooner u realize that this body is just playing to the gallery the better. This LAZ man hasn’t disputed the interpretation but the mode it came out. we are all anxious to know what is the fate of the M.Ps whose seats were nullified. What he needed to give was the official position rather than leaving us in suspense on them engaging the Judiciary . how long???

    • @Twende. Did you do “CAN YOU REMEMBER AT PRIMARY SCHOOL?”The LAZ president has explained it all what is supposed to be the right procedure below here
      “This is so because the Electoral Act contains mandatory provisions prescribing the criterion for rendering reports to the Electoral Commission. Furthermore, the High Court and the Supreme Court are superior Courts of our Judicature. They are required to be moved by some known process before setting out to make determinations or pronouncements like the one attributed to Mr Musonda. Even where these superior Courts choose to make pronouncements on their own motion, the expectation is that the Courts will do so while sitting in their capacity as Courts of record.”

    • You are all bluffing and so is LAZ. I mean, I am not supporting this but is Ms. Sylvia Bwalya a qualified lawyer or Judge for ECZ when she issued the statements.
      What is the job of a PR then?????

    • @Twende
      What is so difficult to understand here. LAZ is saying that its only the High Court and Supreme Court that can interprete the Law where it is in dispute. And that can only happen when sitting to hear a dispute and not through a Public relations Officer. Simply put the Officer can be right but until a sitting Court makes a ruling and provides guidance on the interpretation, no one (Not even LAZ) can do that with the necessary binding authority.

    • As most Zambians do you missed the point. Where in history does the Chief Justice pronounce issues of law through press statements?

      Any interpretation of any judgment or law must be achieved through a court hearing and a follow up judgment. This is what the statement is saying my dear Zambian.

      It will serve you well to do some reading in your spare time before you expose us to your ignorance.

    • Tende, the guidance you are being given by colleagues regarding your comment to want to hear LAZ’s opinion of the ‘decision’ of the Supreme court is:

      1. LAZ cannot under the circumstances provide an opinion on a consitutional matter based on a non-qualified judicial officer. Musonda did not pass the corruption judgement – the Supreme court bench did. It follows therefore that an actual consititutional office bearer such as the Registrar or a member of the bench much make this pronouncement – in a court of record

      2. The issue in question here is the report which cannot be prepared by anayone except the registrar with input from the judges or their judgements and it will only be binding if released in that capacity.

      It would seem the CJ is hiding behind a thin veil here

    • @Mwana wa Luanda
      Although you have a point I think you have also strayed a little based on what I understand from the article. The is is not about who passed judgement in the cases relating to corrupt activities and elections but rather WHERE binding guidance can be issued. LAZ is saying the Acting Chief Justice or any Judge cant do it, unless there is a matter before the High Court or Supreme Court and the sitting Bench is made to make a ruling or Judgement on who provides a report to the ECZ following an election petition the deduces reliable evidence of corruption. Therefore the attempt to offer guidance (or interpretation of the Law) by the Supreme Court through their Public Relations Officer, is legally flawed and should not be taken seriously. That is what LAZ is saying.

  2. LAZ ,LAWYERS PLEASE CAGE MEEMBE AND WINTER BEFORE ZAMBIA TURNS INTO CIVIL WAR .eDUCATE THE BASTARDS.
    PF IS NOT BIGGER THAN ZAMBIA.
    IF MANGANI BECOMES MP TELL YOU WAR IN ZAMBIA.MASUMBA AND NAMULAMBE SHOULD ALSO STEP DOWN.
    TELL YOU THERE WILL BE KAFWAFWA IN ZAMBIA

    • @Imbwa cj Do you even know what you re talking about?ulesabaila fye!

      1. Masumba and Namulambe sits were not nullified, get it?
      2. Dont even allow the thought of civil war in your head!!!!!!!!!!! I have been in countries were there is been war. SIVINTU MWANA!!!!!!!!!!!!!!!
      Lets just allow these learned brothers of ours called lawyers to educate us on this matter so that we can understand what going on here. But it seems like everyone of them dont want to come out straight .

      YOU LAWYERS PLEASE WHATS GOING ON?????????????????

    • good ******* pake winter and chibesa revolution is yet to be in zambia as tb joshua prophesized chineke to zambia from aman of action to a man of fieces step down u are a failure satan pholoyako

  3. The supreme court’s job is to give judgements not press statements.Whatever was said was not a judgement and did not carry any legal backing as a judgemt would.It was a statement made by a public relations officer who for all we know could have had a gun to his head.

  4. These PF people are seriously very sick people mentally and physically. Honestly where did these slime balls come from? Where on earth does the Judiciary make rulings through press statements? My God how low have we sank? Chibesakunda please go away! You are soiling the Judiciary!

    • chanda chimba 111 told you who these people really are, but you chose to ignore the facts he freely offered you. its better to experience it so that in the next elections you will be well informed. may the most high God intervene soonest.

    • Not anywhere near their core business of passing judgements but now specialists in making statements. The PF mole madam Chibesakunya.

  5. They make me sick,the PF engages the judiciary,the next day this press statement.where are we going?

  6. MMD YOU HAD YOUR TIME, NOW IT’S PF’S TIME, ANOTHER DAY MAY BE UPND’S TIME (ALTHOUGH THIS SOUNDS LIKE A FUTURE IMPOSSIBLE TENSE).

    • Muchilimuledabwa-PamaFi(PF) BUFi,came on the scene lying that,they have come to do better than MMD.But what we are seeing is the opposite,PamaFi are terrible.MMD lasted for 20yrs.PamaFi is only 2yrs in Government.PamaFi given 20 yrs at this rate,Zambia will remain a shell and always pipo fighting like Somalia and the like.Please God Save Zambia.Indeed Zambia Shall be Saved/Delivered from Sata and his immoral minions.

    • LAZ already provided its position. They concur with. There is clearly a dispute.Only the courts can settle this not a clearly ed press stanemebnt issued to the POST.

  7. LAZ is clear and correct, the role of the courts is to issue judgments and if anything, the people aggrieved should have gone to court and its at that time that the courts would rule. Not this way. We simply do not have the judiciary in Zambia finite!

  8. We are slowly but surely heading in the wrong direction. Why should an institution of this magnitude start being simplified as is the case now. where are our judges in this equation? What is happening at this institution.

    • The question I have is to know who authorized this PR lady to issue such a far reaching statement.Since Judges are only head through judgements they make,we will not know whether this statement is genuine or instigated by Winter Kabimba who has shown desperate symptoms of ensuring Madam Dora Siliya does not stand in her constituency.Am delighted that the NO NONSENSE ECZ has postponed the nominations for the constituencies concerned. PF has been caught napping in their own web.

  9. LAZ instead of attacking the officer,tell us your position………… otherwise you just a time wasting everyone’s time.As the mother body you are best suited to give the correct interpretation.Else zip your mouth.

    • YES NGANGA, THATS TRUE,….. THIS LAZ BANDA GUY IS AVOIDING SAYING SOMETHING YET HE IS BETTER POSITIONED TO TELL US WHATS COOKING

    • Bo Nganga laz is saying, supreme court shouldn’t be moved by rumours, they should wait untill someone lodges a complaint (there is a complainant and a defendant) then they pass judgement that is how these institutions interprete the law and not through press statements. Not even laz can do that , because every agreeved part must go through the process of the law. Now in this case without a case before the courts of law supreme court passes judgement to stop some people from filling in without them being heard. why and how?

    • Iwe, LAZ has already stated its position that the pronouncements by Musonda are not legally binding, and that a qualified legal Judge or High Court should have made the interpretation. Go back and read the article.

  10. LAZ should closely watch this woman called Chibesakunda because she is surely turning the whole judiciary into a weapon against Dora

  11. SO THE PUBLIC RELATIONS OFFICER WAS GIVING HIS/HER PERSONAL OPINION?

    HE/SHE WAS SIMPLY READING OUT WHAT THE JUDGES HAD TOLD HIM/HER TO.

    STOP HIDDING.

  12. Chibesakunda you are a dissappointment to all women,your lack of morals and principles is worrying……………….

  13. Chibesakunda you are a dissappointment to all women,your lack of morals and principles is worrying……………..

  14. You are all confusing each other, what is going on with you guys you mean to tell me that you all can make law and fail to read and understand worse off implement them? Some one out there is tempering with the ropes, but remember….., when it all comes crumbling down, the ropes will tell who touched and pulled them!

  15. Andrew said these are satanists there arrested him.The PF has been sent by satan in Sata to put Zambia on fire hence the confusion you have seen.Zambia has always been peaceful but PF was not happy.Chanda chimba warned us we never listened I feel pity for my country.

    • YOU MEAN ANDREW WHOSE WIFE CONTRADICTED HIM IN COURT OVER CORRUPTION? I HOPE IT’S A DIFFERENT ANDREW. IF IT’S HIM, YOU MAY BE RIGHT HE’S A SATANIST.

  16. Please James (LAZ PRESIDENT) go beyond making statements, do something for mother Zambia. We are witnessing strange times in the country. Cant you act more than just issuing out statements, you can be sure that this is not a listening government. Please, mobilize for more action for the sake of the nation. Zambia is under threat

    • KNOWING LAZ BANDA (NOT RELATED WITH RB) IF THERE WAS SOMETHING OF SUBSTANCE WRONG WITH THE JUDGEMENT HE WOULD HAVE WASTED NO TIME AND WOULD HAVE BY NOW GIVEN US 10 POINTS AGAINST SUPREME COURT RULING, BUT THERE’S NOTHING WRONG WITH THE JUDGEMENT THAT’S WHY MR. BANDA HAS COME OUT SO SHALLOW AND ONLY ATTACKING AN OFFICER.

  17. LAZ dont bring problems how can you talk about a person instead of the message that person delivered? what is your position in this issue as LAZ? Its like LAZ,ECZ and JUDICIARY are interested parties. where was LAZ all this time? is LAZ a political party? LAZ check your house and put in order, you are very important to Zambians. This is not the LAZ we were seing years back.what has gone wrong in LAZ?

  18. Who links information to the Post…… Are we going to be hear things from them before official address or redress…I wasted my vote

  19. (i) LAZ hopeless.
    (ii) Please give us the interpretation of the law.
    (iii) By you interpreting the law I do not mean that your interpretation will be binding. But you just seem to be arguing about the legality of this or that statement.

    (iv) You should have gone further than just issuing that statement.

  20. We voted for a snake(king cobra). The bible says you kill it from it`s head.The name it`s self means evil,trouble,bad things etc.But we went ahead and put him in state house.shame indeed.The current events are just a tip of the ice berg.Wait my fellow Zambians.When the snake is done bitting our mother land and poisoning everyone,then shall we all have courage to stand and fight.For now,we can all continue posting comments which are no effect to the current situation.We are ripping what we sow.

  21. If the supreme court rules that they found some one guilty of theft. Do they still need to seat and interpret to determine whether that thief should go to prison or not? What is the purpose of the judgement which they write?

  22. LAZ president calm down sir.There is nothing wrong with the PR.If a criminal is convicted and there is a ruling do you expect the prison authorities to wait for further instructions come on fellow Zambians don’t be dull.Mr Musonda has cited the position of Supreme Court LAZ president just admit your short coming

  23. WE ARE AT ACROSS RAOD. WHERE ARE WE HEADING TO AS A COUNTRY? LEARNED MEN AND WOMEN PLEASE WE NEED MORE ANSWERS. WHERE ON EARTH CAN A JUNIOR JUDICAL OFFICER MAKE SUCH FAR STATEMENTS WITHOUT ANY LEGAL BACKING? LEARNED MEN AND INTERPRET THE LAW TO LAST WORD. THIS MATTER IS VERY SERIOUS.

  24. LAZ should not just end up giving a statement they should take up the case since this is not just a case of Dora and others but the prosperity of zambia. kabimba must not just write these statements to be read by the judiciary. i wont be suprised if other judgements will not be anounced by a clerk.

  25. This is confusion. Is this not the reason why Chikopa was asked to sit?

    Kabimba, and probably the CJ are an appointment liability.

  26. I fear for Lusaka Times, wont you be blocked soon for giving Zambians a platform to speak against the ills of their stubborn govt?

  27. LAZ IS AT SERIOUS CROSSROADS, BEING LED BY A MINOR JAMES BANDS. LAZ IS UMKHONTO WE SIZWE (ARMED WING) FOR THE OPPOSITION.

  28. LAZ has come of age and Congrats to the LAZ President. You are presiding at a very delicate time and posterity will judge you in relation to the challenge you facing. Great men will always make a difference and these are times that require great men. LAZ remains the reposite of knowledge as regards legal interpretations and the position LAZ has taken on educating the people on these issues is commendable. The matter at hand is overdiding court pocesses and the statement made by the junior officer is not a judgment at law thus can not be cited nor is it binding. Anybody has the right to challeng its interpretation and request for the due process to be followed in making such a Statement. The ramifications of this precedent made out of court for our judicial system are huge.

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