GREEN Party Presidential Candidate Peter Sinkamba
GREEN Party Presidential Candidate Peter Sinkamba

Green Party President Peter Sinkamba says attacks on the Judiciary by State House are extremely disturbing and frightening.

Mr Sinkamba said his party sees the attacks as not only a direct assault on the independence of the judiciary but also contemptuous of the principle of separation of powers by the Executive.

Mr Sinkamba who was commenting on the remarks by State House Special Assistant for Press and Public Relations Amos Chanda who said the Judiciary should not attract unnecessary controversy when he appeared on The Sunday Interview.The Green Party leader noted that it is extremely disturbing and frightening because an independent and efficient court system is a corner stone of the rule of law.

Mr Sinkamba said in a democratic state like Zambia, none of the three powers of the State must act for their own narrow partisan interest but in the interests of the people as a whole.

“State House public attack on the Judiciary yesterday on the ZNBC Sunday Interview, through the Special Assistant for Press Amos Chanda, and the threat of purge, is extremely disturbing and frightening. As the Green Party we find this tactic only as a direct assault on the independence of the judiciary but also contemptuous of principle of separation of powers by the Executive.

“It is extremely disturbing and frightening because an independent and efficient court system is a corner stone of the rule of law. The key function of the judiciary is to adjudicate between members of society according to the rule of law. The goal of any independent and efficient court system must therefore be to ensure the fair and impartial adjudication of legal disputes, thereby protecting the rights and liberties of all persons seeking justice. However, if the judiciary is threatened by the appointing authority (the Executive) of the purge, that is extremely worrisome. What is more worrisome is the fact the basis for the attacks in this case the parliamentary election petitions are purely litigation between private citizens on a party interest.

“In a democratic state like Zambia, which is subject to the rule of law, none of the three powers of state must act for their own narrow partisan interest but in the interests of the people as a whole. All the three powers must act on the basis of, and within the limitations provided by law, not partisan interest, as demonstrated by the Special Assistant for Press Amos Chanda.”

He urged the Presidency to exercise maximum restraint and let the Judiciary remain independent to fulfill its role in relation to other powers of the state, society in general and other parties to litigations.

“An intrinsic element of the Judiciary’s duty is to decide cases impartially. Only an independent judiciary can decide effectively and impartially on the rights of all members of society, especially those groups that are vulnerable or unpopular. This is the major reason why judicial independence is the fundamental requirement that enables the judiciary to safeguard democracy and human rights.”

“This is not in any way support for a Judiciary that disregards the laws of the country and decorum of the institution. Rather, we support a judiciary that operates within the realm of the law, and where any one of its members runs afoul with the law and decorum, seek redress through laid down procedures.

We are mindful of the fact that independence of judges is not a prerogative or privilege granted in their own interest, but in the interest of the rule of law and of all those who seek and expect justice. In other words, judicial independence should be the cornerstone of the Judiciary because it is the only means by which judges’ impartiality is ensured. It is a pre-condition that guarantees all citizens of equality before the courts. It is the only means for citizens to keep a tab on the activities of the government and plays and an important role in the event of violation of Fundamental Rights. It is the most important feature of a democracy as it safeguards interests and the fundamental rights of the people.

“Our judiciary has tried, against all odds, and with meager resources to ensure fair and impartial adjudication, save for a few cases before the Judicial Complaints Commission. The Executive should not worsen public perceptions of the Judiciary through public attack, and threat to purge the judges the using the Kenya way on allegations of collusion and absurdity. There are better administrative channels established that the Executive can trigger, if they suspect of impropriety on the party of any judge rather than use a TV programme which can send wrong signals,” he said.

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40 COMMENTS

    • I wish we had a Chief Justice like fearless Mogoeng Mogoeng of south africa. He would surely summon Amos to the supreme court chambers to go & explain himself.

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    • According to Amos Chanda the Judiciary is only responsible when the rulings are favorable to PF otherwise they’re irresponsible! where on earth????

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    • Yes, Amos should be summon to the Supreme court to explain himself or face punishment for talking without authority. Since when did Amos become the chief justice? I think Irene its time you start talking because you as well will be held responsible for this lawlessness. We need a fearless chief justice. Amos is a very indiscplined child and if I was his parent I would have exercised by parenting through a baboo stick

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    • Zambia under Lungu is failed dictatorship state.

      If Lungu allows judges to pass judgement based on available evidence, then majority of the PF seats would be nullified due to violent conduct. Kapyongo ‘s seat mus go because there was rampant violence in shiwangandu sponsored by Kapyongo himself.

      But now that Lungu has arm twisted the Judiciary, only UPND seats will be wrongfully nullified going forward.

      PF under Lungu is a stinking regime. I can not wait for Lungu to go.

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    • Amos Chanda is a danger to our democracy and should therefore be forced out at all cost. His verbal diarrhoea is dangerous for the young democracy and yet this is chap who spent some time in the UK but learnt totally nothing.

      Amos Chanda is costing Lungu the little repect left for him and therefore should be fired soon before any extensive damage is done to our democracy.

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  1. from journalists now to some of those few left outstanding judges in whom all hope for the majority poor remains…

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  2. Democracy as defined by one the best President’s to ever lived (Abraham Lincoln), is the government of the people by the people and for the people. Hence a weak judiciary system, the people cannot enjoy the dividends of democracy.

    An ineffective or compromised judiciary system is capable of throwing the entire nation into confusion.

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    • Yes but not a biased Judiciary as is the case is currently
      I blame Lungu… icisonte sonte fye ama judges without due regard, even Americans were concerned as to who appoints judges. State house, you appoint judges and start complaining what kind of people are you…. under fives?

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  3. AM WAITING FOR MAMBILILA TO COMMENT OTHERWISE AS JUDICIARY WE WILL JOIN FORCES AND CHANGE THE GOVERMENT OURSELVES WE CANNOT BE INSULTED BY A CIVIL SERVANT

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  4. indeed aMOSI chanda is drunk with power, where in a civilized nation does a civil servant get the guts to threaten and demean constitutional office holders?

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  5. Cautioning a few partisan high court judges does not translate into attack on the Judiciary.
    An attack on a few police officers does not mean at attack on the Legislature
    An attack on a few ministers even by the Judges does not mean an attack on the Executive.

    Be sober people. Namupepa ifyamba?

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    • What’s a partisan judge in your view? So to nullify a ruling party seat is partisan. Events in Zambia are a mockery of self governance; the nation is fast attaining joker status that no one in the world will take seriously.

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    • @Sonta can you imagine. So to nullify a PF seat is partisan and to nullify an opposition one is being independent. The problem with PF cadres in power is they think everyone in the nation has a narrow view of things like them. With the gullible ones such reasoning can make sense. But a fairly enlightened person can not accept such regrettable reasoning. We knew this government was always going to be a fraud and not up to the job, but their level of incompetence is still more shocking.

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    • @chama wapetanga…koma ulichipuba chamwana zoona. I see you have rotten brain together with ka Amos….the Chief Justice should summon this guy to explain to the nation what he meant. Why is the Judiciary so silent and docile on this matter?Amos’s rhetoric is a danger to any progressive democracy. Him and Father Bwalya should be dealt with to the full extent of the law so others yapping for nothing may desist from uttering such divisive and really damaging statements. Amos Chanda just put Zambia on fire again. He needs to be caged. We do not want politics of anarchy to be the template for our young democracy.

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  6. There are very few countries in Africa who understand the true meaning of democracy and the independence of the Judiciary. Africa is still a dark continent regarding democracy. The only country which understands democracy in Africa is South Africa and their judiciary is very much independent of any influence from politicians because they give judgements without fear or favor. Judges in Zambia are controlled by those in power like a dog on a leash.

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  7. Power and authority is confusing Amos Chanda.
    Time for reckoning will soon come, nothing is permanent on earth.

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  8. It seems the boy Amos Chanda has inherited some genes of intolerance for the rule of law for
    from chishimba kambwili

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  9. ComListening to Amos Chanda, one would not be wrong to conclude that Chanda believes the President owns the State and its Government.

    No wonder a lot of arbitrariness is exibited in the conduct of National affairs, as those previledged to serve the People in delivering commonweal exhibit a notion that the People are servants of the State, which People must Rent their inihabitance in this Territory by paying Taxes for the welfare of the elected Masters and the latter’s appointed State officials.

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  10. You dull Upnd 1mbeciles understand one thing before you crucify Amos. Look at the basis under which those seats were nullified including in the tonga regions. They were all fake rulings meant only meant to please the selfish few 1diots. Amos is in order to to throw a spear at those bushy judges of mwine mushi calibre. Its public knowledge that the Scotts are of foreign race and how can that be wrong to mention it. Is it a lie that Scott ni muzungu.

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  11. To all PF cadres sponsored to defend every foolish thing going on in Zambia at the expense of the poor majority one day you will be victims of your appetite to disobey the law, change the law to your favour and reduce the spirit of democracy to dictatorship..your actions will be your judge,when the people will have had enough!!

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  12. To all PF cadres sponsored to defend every foolish thing going on in Zambia at the expense of the poor majority one day you will be victims of your appetite to disobey the law, change the law to your favour and reduce the spirit of democracy to dictatorship..your actions will be your judge,when the people will have had enough!!

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  13. In Botswana the Chief Justice publicly embarrassed Ian Khama the president at the airport that ” You are not my boss .”
    Judiciary is a independent brunch an organ of government, it has nothing to do with the executive brunch.
    I wonder the persona of the president of Zambia. Yes he is a lawyer but not educated only schooled. He was just reading and memorizing to pass and have a degree.
    Otherwise whatever he is doing points to PF cadre behavior of forcing things, intimidation and violence. He wants to show his cadres that is a tough guy. He is misleading himself.
    Pick educated counselors at state house. Not cadres grade nine like Kaizer Zulu and miss Kalulu you will live to regret.

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  14. Those judges under the influence of Under Five Cards are making weird decisions! Does this surprise you? What do you think Jay Che would do if he were a judge handling these cases? These guys can destroy Zambia never ever vote them in!

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  15. this mangwamu ***** boy amos Chanda’s time will catch up he thinks by vuvuzeling EDGAR will like him more.in any case he should learn something about leopard backbenchers.

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  16. So far no comment from the Judiciary because the allegations are coming from someone on the right hand of the President. Like soaked chicken, they have all developed cold feet.

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  17. Did anyone of you listen to the interview or you’re basing on what the Mast reported? I am sure even comrade Sinkamba didn’t. However when HH called the judges all sorts of unpalatables you clapped for him, so in the same vein the PF can complain if they see the trend of judgments taking a partisan route ..we saw it Tonga and the affiliates favoring Upnd. Scott is so there is nothing wrong in calling her white. She’s a foreigner ….where is her chief…village ….umukowa?

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