THE Law Association of Zambia (LAZ) has condemned Patriotic Front (PF) secretary general Davies Chama for castigating High Court judge Mwila Chitabo for allegedly overturning the decision by President Edgar Lungu to set up a tribunal against Director of Public Prosecutions (DPP) Mutembo Nchito.
LAZ president George Chisanga said his organisation is concerned with the statement made on Judge Chitabo and Chali in the ongoing cases.
Mr Chisanga said the totality of the statements made by Mr Chama who occupies such a high office in the hierarchy of the party in government are inflammatory, unacceptable, uncalled for and are an assault on constitutionalism, the rule of law and due process that must apply on constitutional democracy like Zambia.
“The fact that the statement has been made by the ruling party, of which the republican president is the president and whom is himself a lawyer, is further cause for grave concern,” he said.
Mr Chisanga added that the open attack on the person of the honourable judge is a direct affront to the independence of the judiciary which all well meaning citizens have duty to protect.
“In taking this position, LAZ is not suggesting citizens should be forbidden from commenting on the decisions of judges once court cases are concluded.
However, where such comment is allowed to take the form of attacks on the members of the Superior Courts of our Judicature a duty arises not only on the part of LAZ but also on the part of all other members of the public who would like to see a thriving democracy in the country nourished by a judiciary which is both independent and accountable to rise to the protection of judicial officers who cannot speak for themselves,” he said.
Mr Chisanga said by the very nature of their appointment, training and orientation, the judicial officers are often unable to protect themselves against public comments touching upon the conduct of their office.
“LAZ wishes to give timely counsel not only to the leaders of the party in government but also to all other users of judicial services, including the other wings of government, to jealously guard the independence of the judiciary by eschewing commentary that personally attacks judicial officers,” he added.
The LAZ president said it is manifestly clear that the statement by Mr Chama are being made in maim, out of ignorance of the law and procedure for challenging real or apparent grievances relating to the manner in which judicial officers handle cases that they are assigned to preside over.
The association has appealed to the Attorney General to give guidance to the government to give guidance to the government on the legal avenues available to it in redressing any grievances that he may have against Justice Chali and Chitabo in a manner they have handled the matter of the DPP, particularly as the matter is in court.
Some Judges…….Kaya!
The president is not above the law.
Why not cage him for contempt. I wish Nchito could commence contempt proceedings.
Under similar circumstances, Dr Nevers Mumba was cited for contempt by the supreme court and was made to apologise.
Vodka is stuck and he will leave next year anyway,
Thanks
BB2014
I have a feeling Lungu thinks that Mutembo wants to run for President,,,,Lungu is spending sleepless nights over Mutembo
Some judges like who? Mungeni Mungeni? It appears any judge who does not dance to the PF’s tune is seen as working with the fictitious cartel and anyone who does what the ruling party wants is praised as knowing the law! How cheap and stupid! When will Lungu realise that he has a country to run, a shrinking economy to fix, national wounds to heal and a divided party to unite?
IT SEEMS ANY JUDGE WHO GOES AGAINST PF IS A DARLING TO UPND, IF HE/SHE DEFENDS PF THEN IS USELESS JUDGE TO UPND. JUDGES ARE REALLY IN A FIX OVER THIS, ANYWAY THEY ALL ARE BUT HUMAN JUDGES, PRONE TO MAKING MISTAKES IN THEIR DISCHARGE OF DUTIES.
A HUMAN JUDGE, WHO CAN TRUST COMPLETELY?
PF
The economy is collapsing as fast as Edgar Lungu’s side flips!
Even the Judge Chikopa’s Tribunal instituted by late Sata to investigate Ernest Sakala et al judges & apparently “misconducts” was stayed. The Malawian Chikopa was chewing Zambia’s tax payers whilst the Tribunal failed to take place. Now Lungu brings the same judges who PF fired to do the unfortunate to Mutembo Nchito is shambolic.
PF must also differentiate between PF govt & PF a political party! The office of the DPP requires respect & not this shenanigans in PF.
The economy is in shambles, $=K7,500 & by year end, it be K10,000 plus, back with ZEROS!
Keep it up LAZ, bravo to you for standing up to justice & rule of law!
The Skeleton Key
~206~
How deserving of the title “EXCELLENCE” is this president? He is obtrusively vindictive. His directive, if at all, ought to have been given within the confines of the law. It wasn’t. Not too long ago, the DPP was kidnapped from his home in Lusaka and arraigned in Chongwe! Where is Zambia heading to?
Hey!
Lungu promised~lied~ that he will “continue with Sata’s vision” b’coz according to himself one Edgar Lungu said, ” I have no vision of my own, continuation only”.
Mr. Sata’s vision was having Mutembo Nchito as DPP, so as he is, but WHY is Lungu & PF going against Sata’s legacy? Its hypocrisy & lies. To be in PF one needs a PhD of LIES.
Seems RB has a big chunk of PF with the self confessed visionless Lungu. Surely he has NO VISION b’coz in SA, Mill hospital he is, CANNOT see Zambia physically, only on newspapers or TV. The whole country NO FUEL, the economy is in tatters but busy chasing the DPP.
RB needs to be glimpsed in, then ZOOMED, Ni mambala ngako!
The Skeleton Key
~206~
Osatengela lamulo mu manja iwe! uzavutana na DPP oooh sorry na Boma!
Frankly, the PF has no business with government affairs and it was misplaced for Davies Chama to make a statement. My understanding is that the President must have taken his actions after the advice of the Attorney General who is the government’s lawyer and as such, the AG should be the one making a statement. Davies Chama’s statement simply confirms that it is a personal agenda against Nchito, Mmembe clique. But for what is is worth, Nchito, Mmembe and a few others such as Mahtani, Nsanda etc have questions to answer to the public.
Chama has no right/business making such utterances.
One chink that Zambia needs to straighten out in her pursuit of Democracy is killing the PIG.
Death to the PIG!
There needs to be a clear separation between Party business and that of the administration it sponsored. Then and then only will the arms of the law be free and justice just indeed.
Davies Chama spoke out if turn. It is a source of concern that he uttered the words when the president is a lawyer. EL needs to put a muzzle on two people Chama and Kambwili. At least the latter has not said anything. Chama does not know the boundaries of the party and thinks he can comment on everything. No one is above the law in a well run country not even the president. Am sure PF has lawyers that advise members so why then was Chama allowed to comment? Who is he?
Well said Chisanga.
DPP should prosecute Chama for contempt.
Zambia the real Africa
Come on naimwe ba LAZ. Judges are just like any other person. They are not angels, who doesn’t know that the legal system in Zambia is rotten? Those guys you call honorable are compromised.
They all rotten to the core. They have never condemned any single lawyer who has misdirected the clients moneies
@Mwana wa mai you must be able to differentiate between the Judiciary and the Executive ,both are independent.If the executive asup the powers of the Judiciary ,democracy can not exist.Thats what is happening under Lungu as president.We must be ashamed as Zambians that Kaponyas can now be paraded to insult the DDP.Next it will be the chief justice.Thats why we need to remove this PF Government or risk Zambia be another south Sudan.
Pathetic ba fi-Car-lar ba L-A-Z….from your local courts to Supreme courts…you are rotten to the core…corrupt fools….innocent people are loosing cases purely not on merit….what hourable you *****s???
WELL DONE LAZ! PLEASE LET US JELOUSLY GUARD AND STRONGLY DEFEND THE RULE OF LAW AND THE CONSTITUTION.
Not to misuse the law So we should all keep quiet when someone starts clowning? Chama can talk because he has access to media unlike the many of us who are aggrieved
Uhhhhhh, LAZ so fast on this one. Kayaaahhh.
The fact is the DDP should be allowed to stay, the judge who ruled the stay understands the law, ECL probably does not as he was a failed lawyer or someone put a pen in his hand to sign while he was in the stretcher unresponsive . Kanitundila is making all these moves so he can be cleared of his wrong doings. PF are thugs who are intimidating vulnerable citizens. If you play with innocent Zambians, Banda will be shocked maybe ECL is gone, gone, gone, then what, is he going to try replace him by force. These politicians are a joke. Zambians were tired of Banda and won’t let that to happen. If so many people are upset lives are lost. Look at Nsanda after stealing where is he? where is Kalaba, God watches for his people. Be careful.
I really don’t understand why such an outcry for or against Nchito! All these are valid legal maneuvers. It is up to the government to make the next move. Why such outlandish opinions people?
We have unprincipled judges in Zambia, for example fast track court Judge- RTSA.kikiki the Judge is not worthy to be a judge of fast track court.We don’t know where we are going as a country.U can’t win a case when u’re taken to that court even if RSTA officers are lying.For her RTSA can’t lie or give false testimonies. These judges will be burnt in heaven bcoz they are not honest .U can’t be free when pipo are complaining.Judges should be God fearing pipo period.
The best lawyer is one who drinks with the judge!
Finally Laz is waking up from its slumber. Please can you give guidance to this overzealous cadre in the name of Davis Chama who is overwhelmed by a simple application of the law. What Judge Chitabo has done is nothing new in the judicial system. It also happened to Sata.
I think the president might have erred by setting TOR for the tribunal when the matter is before the courts. This kind of behavior or overzealousness by cadres worries me because they have no respect for the supreme of the land – the constitution. I’m beginning to wonder whether having a new constitution in place will make a difference. Even the current constitution is clear on issues like this one, but you find that the president or a minister assume some powers that they don’t have under the constitution
Lawyers are like any other cartel of crooks. They always protect each other. When a lawyer asks for asks for an adjournment for further instruction, the magistrate or judge will understand and sympathise because further instructions in their language means the client has not yet paid what was due. An adjuornment will be given.
Bloggers,
Please do not digress from the matter. The question here is did the Judge error in issuing a stay of execution to DPP? the answer is no.
What a stay of execution means is that it puts the suspenision of the DPP and the appointment of the Tribunal on hold until the preliminary issue which Dpp raised are addressed after that a RULING will be made and that RULINg will have an influence on how Suspension and Tribunal will proceed.
The fact that the suspension was issued by the President doesn’t place it above the law. Now whether DPP is clean or not and whether LAZ is genuine or not is insignificant to this matter at hand. So please look at the issue rationally without political inclination. Mr. Chama’s statement is a waffle which is very unfair to the learned Judge.
Thank You LAZ, some sanity at last! I am impressed, yes I am impressed with Zambia on this one. I will now go and enjoy my lunch knowing there is HOPE for Zambia!
The fact that the cartel extends it’s roots to upnd puts upnd sympathizers on the defensive side of the dpp. If it was otherwise they would ve cried foul of course. Whether a stay or not nchito is just exposing how unfit he is to hold that office. If he is clean enough he could by now have his name cleared. What his he afraid of.
Yes, most of the membership of the legal institution in Zambia is held in very, very low esteem by the discerning public. So we can’t be cheated by the irascible statement from and by LAZ. It’s simply empty and hollow.
The so called LAZ is full of bad people…why do I say so?LAZ suppose to advise us on the way forward but instead they are busy blaming PF SG yet Mr.Nchito is scared of tribunal.Let LAZ challenge Nchito to accept dat for him to be free.No one is above the law
There is war between some lawyers (cartel) and the ruling party. This is not small watch the space.
Our legal system is empty and porous because most our judges ascended to power deal to Fred’s influence, and it’s the reason why the cartel is still running the country.Zambian let us wake up and claim the genuine legal victory n dissolve the so called cartel.VIVA LUNGU,VIVA PF SG.The world is looking for people who can neither be bought nor sold. Ba LAZ in this situation u ar like the BIBLE, deliver us from this rotten topic.From ma opinion I feel Hon.Judge is wrong
PF is hunting down Nchito and it is clear that there is war between the ruling party and the DPP. The DPP is relying on the law to survive and stay in his work while the PF they are trying to use political power enshrined in the president. Now it is clear Nguni was just a pawn in the entire fracas of arresting Nchito. Madness in my country is the way of life nowadays.
A parent who keeps quiet when one child is being asked to account for the wrongs done and reacts strongly when another child has commented wrongly on the same matter, such a parent will definitely lose the respect of the other children because he or she will be perceived to be biased. LAZ should have kept quiet the same way they have stayed quiet over this matter. As much as I do not support Mr Chama’s statement, LAZ’s reaction has only brought questions about their allegiance in this matter.
LAZ is a grouping of useless people called lawyers who don’t add any value to this country!!! when they are required to comment on real issues like a DPP issuing himself a nolle they are quiet as a stone. when a ruling party SG issues a personal opinion on the behavior of some equally useless judge they wake up to complain! I now believe the story which came out in ZWD after the election of the current LAZ president that he is Fred M’membe’s boy planted in LAZ to take care of the cartel’s interests!!! it is now very clear!!!! PF as a party in government need to wake up and deal with the cartel once and for all!!! we are sick and tired of this nonsense going on!!! they should borrow from Shaka’s principle never to leave and enemy behind!!!!
This cartel is not a small thing. It comprises of learned people across the country. Its very powerful than you thought.
Why not elevate the DPP to position of Supreme Court Judge and allow Parliament to consider ratifying him or not? Meanwhile appoint another DPP and hastely ratify him/her. Then you will have achieved your objective. If Parliament refuses to ratify the “elevated Supreme Court Judge” then its checkmate!!!!
Welldone Laz.Its wrong for the ruling party chief to react ignorantly.Does PF have any body assigned to respond to legal matters?
What is the role LAZ is supposed to play in this matter and all others ?
PF instead of being aggressive working on improving the ailing Zambian economy busy playing hardball with Mutembo…….
One USA Dollar is now selling above K7.4019 or (K7400). This is the lowest the Kwacha has fallen since the time of Fredrick Chiluba. One British Pound is going at K11. 0113 or K11, 000 according to Zambia National Commercial Bank rates for Friday 13,…,,,,
My friend. R12.10=1USD. The lowest ever in the history of RSA.
LAZ has completely diverted the matter in hand. DPP, Tribunal.
The Judiciary in Zambia is slower than any where else in the world when it comes to dispensing with corruption cases before it. Mambilima was accurate in her chosen entry agenda to make sure that the Courts are NOT just seen as going through the motions BUT that the actually dispense with the cases on hand.
There is a desperate need to blow wind through our Judiciary. There is a problem. Either they are so ineffective because of they are not educated enough to deal effectively with gov’t cases OR there is too much interference by interest groups.
The solution is to find the cause and people behind this problem and make A CLEAN SWEEP. Removing and replacing Judiciary officers.
Chama’s ignorance has been exposed. This guy should have enquired as to why the Chikopa Tribunal never took off some time back!! Pliz LAZ find tym 2 educate these thugs before they destroy our nation
All and sundry talk about reducing the poers of the president,has anyone ever thought of how much power the lawyers have given themselves?Its time to look at the act and reduce some of the powers they have.Who said judges are infallible?
Highly placed sources from Pretoria say the medical team cannot conduct the recommended advanced throat cancer surgery on Lungu as they also have limited facilities for such a delicate operation and the patient (Lungu) is also diabetic and old age meaning the wound would not heal.
“Without discriminating with people living with HIV/AIDS, Lungu has also been plainly told that his CD4 count is very low and his viral load is too high because he seems to have neglected daily HIV/AIDS treatment. South African doctors and intelligence officials now deem it politically sensitive to undertake further treatment on such a high profile person,” sources have revealed………………
I wouldn’t say Lungu’s age would be a deterrent in an operation. 58 is not old. Just say his health might be an issue. Healing of wound would not be affected by his age again it would be his health.
I feel so much asaughted by this LAZ who see it very fit to see our DPP doing what he did. Yes we understand but I thought you are the very ones who say let those who come to justice have clean hands? Are you surely giving a true standing of what you stand for Mr. Chisanga? We also understand your explanation that there is a difference between DPP and office of the DPP but we want to remind you that there is a time when a veil can be lifted. You were quiet when DPP showed his musles but today LAZ want to show teeth to the public. I am afraid this Country needs leadership and the only hope is your association to guide the governance system but look you are taking sides and leaving pain and no trust in the Judicial System. Its like only a determined group of people are entitled to justice.
Reading comments it’s clear cadres think this an opportune time to campaign for 2016.
It’s a problem for Zambians that once a President is chosen, democratically, those that are disappointed spend their entire time nit picking through government decisions and actions to somehow present for their party.
That’s just anarchy.
Let’s reason with one another.
If the actions of Judge Chitabo was to protect DPP Nchito, on grounds that outstanding cases before Judiciary may cause DPP some ‘injustice,’ then we must turn back to the Judiciary and ask WHY THEY ARE SOOOOOO SLOW in dealing with corruption cases? The outstanding cases on appeal are because of their decadent louche timing in Hearing cases effectively without always looking for approval from past ‘English law’ cases. WE WANT A ZAMBIAN JUDICIARY, BASED ON OUR NEEDS.
I am always for the Rule Of Law and civil obedience and support of the Judiciary. But on this matter of the DPP and gov’t corruption cases that ‘never’ end, only to DIE out; I AM FIRMLY AGAINST THE JUDICIARY.
U FOOLS ATTACKING CHAMA SHUD KNO DAT NCHITO Z OSO NOT ABOVE THE LAW.THE LAW SAYS THE PRESIDENT HAS POWERS TO APPOINT A TRIBUNAL.SO DOES IT MIN THE DPP IS THE MOST POWERFUL MAN IN ZAMBIA,AND KAN EVEN COMMIT MURDER AND ENTER A NOLLE POSEQUI IN HIS CASE?SO THE DPP SHUD BE ABOVE THE PRESIDENT.LEARN TO THINK *****S
As for the youth in Zambia; I say to you; THIS IS YOUR COUNTRY AND FUTURE.
Violence is not acceptable BUT CIVIL PROTEST IS YOUR RIGHT. GO AND SIT OUTSIDE THE HIGH COURT, SUPREME COURT IN SILENT AND PEACEFUL PROTEST.
LETS DO A MAHATMA GHANDI (SP) ON THE JUDICIARY. Let them see you in silent peaceful protest. March past their windows. Wear your protest T Shirts and let them know you are unhappy with DPP. KEEP IT UP UNTIL Judiciary understand, DPP can’t escape the noose.
WE THE CITIZENS WANT TO PICK HIS POCKETS TO FIND IF THEY ARE CLEAN. Nothing wrong with that.
One wonders what LAZ is there for.
It must offer guidance and direction not to quickly fall on the PG SG. LAZ was asked to comment whether it was legally correct for DPP to enter nolle and defeat ends of justice, it chose to be quiet. This is one sided view. Why is LAZ not encouraging the DPP to publicly defend himself in court over allegations made. Whether allegations are political what if they are true that Mutembo is a thief. Just because allegations are made by a politician this cannot make Mutembo innocent. Many people have a mistaken belief that disgracing the Presidency is democracy. .The Presidency is not KK, FTJ, LPM, RB, MCS or EL but an institution which may be occupied by any able Zambian. Am sorry it is being assaulted and destroyed.Mmembe will surely set Zambia on fire.
CHAMA is on point. He expresses the frustrations of citizens. PF has already taken steps to forwarding this matter. CHAMA is merely emoting for the citizenry the frustrations before us in the actions of the Judge in question.
It is unfortunate to speak in protest against the Judiciary, but there is a clear problem in dealing with corruption cases and certain top gov’t officials; that needs dealing with.
Instead of Chisanga and his LAZ lasing out at PF GS, he ought to help use interpret article 58 used by the president to suspend Nchito and also interpret the action taken by the court. Merely asking us to shut up will not help because I as an ordinary man will understand the article to mean exactly the way the president used it.
The current Laz was brought in by Winter Kabimba, they are part of the so called cartel. if you don’t believe me orbserve their comments motly.
That is why their machinations will not work. Mmembe and Kabimba know that they cannot win a fair and open presidential election. They have been working on clandestine plan to put their friends with the hope to get support to the president. Kabimba recommended many of his friends to influential positions For example it is common knowledge that when Winter was Lusaka town clerk, Justice Chitabo was lawyer of all councils in the country and that the Judge is school mate to Nchima Nchito. This is the problem. But they will never get power. Their plan has failed and will continue to fail.
Useless LAZ, why is it only constitutional when a useless judge is under fire for his own stupidity and not constitutinal when the President exercises his constitutional powers? As useless as Chama can be seen but he has raised a validy question that needed an answer from LAZ and the question is; Why is that this hopeless Judge Chitabo is always the one to handle all the c
ases involving this stupid of a lawyer Mutembo? If i was President i wud fire all the Judges like it was in some country and start afresh!
May we have the swearing of the Tribunal ASAP . The writing is on the wall. Mutembo, Mmembe and Kabimba are going to have it rough. It is Curtains for the Cartel.
The UPND can continue hallucinating – again and again they will be caught on the wrong side. On the wrong side of what is right. And on the wrong side of the Voters. Objectively analyze issues without any biases. No rational person can support the abuse of the judicial system by Mutembo.
As for the Church mother bodies who can see what is happening and are visible by their silence, the people can see. We are able to add one and one. Dont bore us with the Constitution Blah Blah , and your Pastoral Letters on Fuel , when we can see the Politics at play.
About LAZ, this is a Discredited Organization which is fit 4 the Dustbin.
The Law Association of Zambia must put its house in order. The legal profession has deteriorated and reached a stage where lawyers want to make money by whatever means. LAZ has failed to control its members who have no qualms in representing people with money even against those they previously represented instead of recusing themselves. There are several examples I know where complaints lodged with LAZ on such behaviours has not been attend to by the association.
lawyers in Zambia make money where they can. It is not an upright profession. Even this case with DPP some lawyers jumped onto the band wagon for three reasons. Firstly the usual Zambian tendency to pull each other down. Secondly to be known for pulling the DPP down and thirdly to make the money.
the quilty will face the law,no clever manuvoures will work this time..
This chap Davies should focus on re organising the dying PF. How do you feel fielding rotten corrupt MMD fellows? Does Davies have a say in these useless adoptions? Who do you think will campaign for these fellows?
Mind you Edgar like Lungu will be entiltled to handsome pension after being voted out unlike most PF members who will be languishing. Thats why EL even says he doesnt care whether he loses next years elections.
Davies we know that the crook RB is behind all this