Friday, March 29, 2024

LAZ condemns Amos Chanda attacks on the judiciary

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Linda Kasonde
Linda Kasonde

The Law Association of Zambia has strongly condemned State House Special Assistant for Press and Public Relations Amos Chanda’s recent attacks on the judiciary.

Speaking at a media briefing, LAZ President Linda Kasonde said the attacks appears to suggest that any judgment against the ruling party is not in the interest of the nation.

Ms Kasonde said the comments were extremely unfortunate as many of the election petition cases have gone on appeal to higher courts.She explained that the comments can be seen as an attempt to influence the decision of the appeal courts the said matters.

Below is the full statement as issued by LAZ

The Law Association of Zambia (LAZ) strongly condemns the recent attacks on the Judiciary by State House Press aide Mr. Amos Chanda on ZNBC’s Sunday Interview following recent court judgements nullifying the parliamentary seats of some Members of Parliament from the ruling party.

The statements by Mr. Chanda appeared to suggest that any judgement against a Member of Parliament from the ruling party was not in the interests of justice. The statements went further to suggest that there would be repercussions against any Judge that rules against a ruling party Member of Parliament.

These comments are extremely unfortunate in view of the fact that many of the election petition cases have gone on appeal to higher courts and are therefore sub judice. The comments appear to have been made in an attempt to influence the decisions of the appeal courts on these matters. The threatening comments by Mr. Chanda such as that the Judiciary “must not be like politicians” and “must not push the Executive to push judicial reforms [in] the Kenya style” are unacceptable and indeed, in our view, contemptuous.

The purpose of the Judiciary in any functioning democracy is to interpret the law and to limit the powers of other branches of government including the Executive and the Legislature. More worrying is the fact that Mr. Chanda claims that he was speaking on behalf of the Republican President in his capacity as the head of the ruling party.

This creates two concerns. The first concern is that Mr. Chanda’s views are the views of the Head of State, who is the head of the Executive arm of government and the appointing authority of all judicial officers. In a properly functioning democracy, the doctrine of separation of powers demands that the Executive and the Legislature should not interfere with the work of the Judiciary.

Secondly, Mr. Chanda, who as a press aide to the office of the Republican President is meant to be a non-partisan civil servant, appears to have overstepped his mandate into the realm of partisan politics. Section 173 of the Constitution of Zambia (Amendment) Act No. 2 of 2016 states that one of the guiding principles of public servants is to be “effective, impartial, fair and equitable” whilst conducting their duties.

The statements attributable to Mr. Chanda also lend credence to views in some sections of society that the Judiciary is being manipulated by the ruling party and that it is therefore not independent and impartial.

LAZ is of the view that the integrity of the institution of the judiciary must be respected regardless of the outcome of any court case. The Judiciary should be able to fulfil its mandate without fear or favour. As a matter of fact, Section 122 of the Constitution of Zambia (Amendment) Act No. 2 of 2016 states that, “the Judiciary shall be subject only to this Constitution and the law and not be subject to the control or direction of a person or an authority”.

Therefore, LAZ strongly discourages any unsubstantiated claims and attacks being made against the judiciary by either the ruling party or opposition parties, including those attributed to the United Party for National Development (UPND) Secretary-General Stephen Katuta. As this unfortunate incident clearly shows, politics is about perception and in this case justice must be done and be seen to be done.

Regarding the position of Ministers following the nullification of their parliamentary seats, section 73(4) of the Constitution of Zambia (Amendment) Act No. 2 of 2016 states as follows:

“A member of Parliament whose election is petitioned shall hold the seat in the National Assembly pending the determination of the election petition”.

LAZ is of the view that, where the result of an election petition is nullified the Member of Parliament affected should lose their seat unless they obtain a stay of execution pending an appeal to the Constitutional Court.

If the Member of Parliament whose seat has been nullified does not appeal the judgement of the High Court or if the Constitutional Court upholds the nullification on appeal, that Member of Parliament is not eligible to stand for re-election in the subsequent by-election. As decided in the LAZ vs Ngosa Simbyakula & Others (The Ministers) case, a ministerial position is tied to maintaining a seat in Parliament.

Therefore, unless and until the Ministers who have had their seats nullified obtain a stay of execution pending appeal they lose their seats upon nullification and should therefore vacate the office of Member of Parliament and the office of Minister.

Linda Kasonde

PRESIDENT

65 COMMENTS

    • Exactly, wise words from LAZ. Don’t people just ever learn? Didn’t we have a certain George Chella who had no regard for others? Where is he today? Amos should learn to speak as a civil servant and not bluntly showing us the cadre he is. Ofcourse, we know he is one, but he must remember how carders almost hounded him out of the party during campaigns.

    • Amos has grown a big head. Since his boss is too oblivious to the happenings in Zambia, Amos has taken it upon himself to be addressing the nation.

    • Lets be factual and bold enough to call a spade a spade and not calling a spade a big spoon. Whatever Amos Chanda spoke on Dead NBC was just speaking what Chapona (Chagwa) had told him to. No matter how many name will call Amos, he was just doing his duties of Presidential spokesperson. Its Chapona who told him to warn Judges. Honestly which powers does Amos have to warn Judges if not coming from one Chapona. LAZ just be bold enough and warn Chapona that the lane he wants to take will land this country into chaos

    • She is out of her depth. Was never good enough for them to start with.

      When does her mandate end?

      She offers nothing., not that I think much of that Muppet Chanda.

      Thanks

      BB2014

    • Irene wherever you are madam. This country needs your voice. You cannot allow irresponible children like Amos to talk outside his authority. Add a voice to LAZ. The best would even for you to sit on the Concourt and let the presidential election be heard. Then rule that a re-run must be proceed under an independent election body.

    • The constitution protects the judiciary, its incumbent on the CJ her hon Ireen Mambilima to issue a statement to assure her men & women of the cloak of protection.
      Her keeping quite just goes to show she’s a director in the ministry of justice.

    • The judiciary should also blame itself for allowing cartels run it. I don’t blame Chanda totally on this one neither do i blame you LAZ.

    • very clear and sensible commentary from the LAZ president. She also sounds very intelligent. One things to add though, i hope you have the support of your executive within LAZ. Just be careful and God protect you!!

  1. This Linda girl must be put in her right place where she belongs.
    she doesn’t know how to open her legs……oor sorry mouth.

    • @ Onetime

      I think you’re a very lazy use1ess chap whose mind is preoccupied with 5ex. If you’re a lady you’re cursed if you’re a man you’re and 1diot for having no respect to our mothers

  2. Timely advice from LAZ. They should always condemn attacks bordering on the independence of the judiciary in its mandate to deliver justice regardless of who issues such attacks. I just hope and pray that Mr aMOSI Chanda’s words have not already secured reversals of the recent MP’s nullifications by reason of fear on the part of the Judges in the Appeal courts rather than “reason” itself.

  3. Stupid Chanda ask me where George Chella is today. Dont be overexcited stupid iwe, Zambia is governed by laws and who are you to threaten the learned judges. reforms reforms kwisa – ati kenya way do you even understand it? Anway i dont blame you…! Madam Kasonde bravo for your quick response to that aide and never feel intimidated, we need your courageous response to such nonsense. Pantu aba bantu aba awe surefye. Napela mukwai

  4. All this stuff is a waste of time and energy. 2021 is there. This is time to concentrate on developmental issues that uplift us from the shackles of poverty and not incessantly talking about clauses!!

  5. This is what happens when one votes for Compound – (Komboni) Gangsters like Chairman Edward Chagwa.
    Your can take the brute out of the compound, BUT one cannot take the compound out of the brute. Democracy & freedom of judiciary/ expression is a very hard concept to grasp for most slum dwellers like Chagwa, coz they are used to filth in their own communities

  6. Consistency our lady please. As much as you may have a point but your quietness when the opposition is openly insulting and attacking judges is what waters down your image as LAZ. During the election petition Mr HH & GBM openly attacked the judiciary, what did you do? You stayed quiet like water. Before I take for serious your sentiments, this is infact for everyone , what is the difference between how HH attacked the constitution court judges and what Amos Chanda did? Avoiding to clearly mention HH and just say UPND and Mr Katuta is a serious exposure on who you side with Madam. Attacks on the judiciary should not be supported at all regardless where it is coming from. Even if its from your spouse you can lovingly say, honey I don’t agree with you on attacking the judiciary…

  7. As much as we may not agree with some of the sentiments Mr Chanda put across, LAZ does not qualify to attack Mr Chanda due to their political inclination. Let us the citizens alone we will deal with Mr Chanda. If he doesn’t change, in two months time we will be saying we only have three years in between before elections

  8. My appeal to my fellow media users is tht when contributing to the issues let’s be sincere and honest because some pipo do benefit from your contributions
    @one time you ar a fool,without brains and pipo like you are not beneficial to the society,thnx madam kasonde you are indeed a true daughter of mother Zambia.
    Thnx @dominion your contributions is impressive and very mature.

  9. The Judiciary should not be feared like to ”ma gods bane”! They are people just like us,and just like any other worker in this country.Problem is we give them too much respect such that they think they are the most high in this country and can not be criticized when they make questionable judgments. See the problem when being ruled by lawyers……the end result is these same attitudes always bossing people and untouchable attitudes.
    Why did the late President Sata take necessary steps to bring in Judge Chikopa at one time?its because of the some attitudes we have of our judges in Zambia,we fear them a lot such that whenever a judge coughs we all jump….why should it be so?
    look at Nigeria’s case, was that not a scandle by the so called trusted judges? Would you truly know what…

  10. This is what happens when an old lady Linda starts dating a Tonga bull. Linda and LAZ became useless the time they wanted to join the presidential petition as “friends of the court”.

  11. Laz is on association were 90% of it’s members are Upnd. HH and gbm openly insulted the judiciary and hansungule plus muna echoed the same derogatory remarks against our judiciary what did lazy Kasonde say. Nothing. Why should we take you seriously. Know where and when to open your legs.
    Whoops typo meant type open your legs oooh sorry I mean that thing right between the nose and the chin not between the legs oooh sorry eyes.

    • Exactly! So why can’t others complain if they observe injustices? Freedom of judiciary does not only mean free from executive interference, but also from tribal and partisan bias as has been witnessed of late.

  12. No confidence in LAZ kuwayawayafye. When they are needed in critical matters they are clueless. Help the nation on the constitution were we still have problems not to wait for livestock thieves Amos mukali apanga inchito relevance ilafwaikwa.

  13. Well done LAZ. Please people, where is Irene and what is she doing? Has she become a PF chief justice. Irene wherever you are please stand up and put a stop this nonsense. Please defend your Judges as well as remove the corrupt ones. Start by cleaning the concourt and let the presidential petition be heard

    • Please be neutral. All over the world, when judges reach a contentious issue they vote. The judges were five and it was three to two. The majority win. This has nothing to do with Justice Ireen Mambilima at all. How do you cleanse it? Please tell me the method of cleansing. You know what, lets respect our courts judgements. But this does not mean they are immune to criticism. They are human beings as well with feelings. What explanation do you give to the nullification of Nalolo, and others in UPND strongholds. For UPND to get to state house can the president exhibit a more unifying stance. Calling easterners and northerners as thieves will not win UPND votes at all. That’s why i miss Mazoka

  14. Much as Amos may have erred, I would like why Mathar Mushipe who had actually called our judges bad names has been left Scott free, not to mention HH tirades against the entire judiciary.

  15. @HH Techilema:
    What a piece of sh.it you are! Is your mot.her proud of the ar.rsewhore she left us to contend with. Mansion.pa.

  16. LAZ is an Association of Lawyers and its Role is Advisory to the govt and the Public. LAZ’s legal opinion should be taken seriously as it is given by Legal Experts. People with no legal knowledge should stop making uninformed comments. Amos Chanda and his Boss should take Note of this Statement. Zambia is a Constitutional Democracy and the Independence of the Judiciary should be respected. The intimidation and threats to the Judges should be condemned in the strongest terms.

  17. While agreeing 100% that both HH and GBM were wrong to have insulted the ConCourt and that they should have been condemned or reprimanded, this does not make what Mr Amos Chanda said to become right in the eyes of the Zambian citizenry. All of them, Martha Mushipe, GBM, HH and Amos are bad cultured. they must stop immediately.

    Another thing, our LAZ has become too compromized and that is why people are attacking it left right and centre. The air of excitement caused by some excited inexperienced and childish lawyers that filled the corridors of the LAZ complex during the petition days still has its pungent smell present.

    Zambians, please let us learn to differentiate matters of national development and matters of mere politicking. lastly please bloggers let us respect our women…

    • The President threatening the judiciary has more dire repercussions than an opposition politician venting his anger at the incompetent courts. The PF govt is entirely able to carry out its threats while the opposition are merely pissing off in the wind.

    • I agree with you to respect our women, just like we demand respect from them. But Linda Kasonde, is a total disgrace. Why pass a comment without any legal backing. I have been following her arguments, but on this one she lost it. I agreed with her on ministers to vacate office, but on judges nullifying an election, she was wrong. The judge based his argument on hearsay, and not facts. If PF was violent, who was injured. How is an MP connected to the violence? How can one incident of violence nullify the credibility of an election. There is no law that says if G12 is not present then the election is not free and fair in the electoral laws at all. No arm of government is immune to criticism. The case has been appealed lets see what happens but am 100% sure it will be reversed.

  18. Edgar chagwa lungu is for sure a slam dweller,just the way he speaks and dances i public !!!!!!. he must had a tint in chibuluma west too.(chibu west).

    • Who says a man from slams cannot be President? Neither who says a man from Bwengwa cannot be president? Dancing is an anthropology of the body, and physiotherapist recommend it as the best form to remove stress. Please start dancing, it will help you be mentally stable. Let me tell you my friend, Edgar Lungu is a distinction holder from University of Zambia. Start respecting your own leaders. Lets not attack their background or biography. I have respect for HH just like I respect Edgar Lungu. Lets attack the policies, and not individual upbringing, because even yours Stepin Razer is not the best of all.

  19. For sure standards have gone down, to see a former Post Newspapers reporter castigating learned judges on national media like that is going way way too far, it is beggars belief. As a Journalist, Amos should be in tune with norms, ethics and etiquette, he cud be his Master’s voice but he has still to exercise extreme caution when dealing with sensitive national matters. ECL needs a much more respectable Press Advisor, Amos is putting a massive dent in the works.

    • You are just lying day light. Just tell me which section of the Zambian constitution says judges are immune to criticism? Read please do not be biased. This where Linda Kasonde , mkashi wandi lost it. She must always comment using the law, and not just yapping. Kwena, ba Kasonde, muletusebanya ifwe binamuyombe. Can you just for once take a more neutral stance.

  20. Those judges were tribal and received money from HH. The truth will come out. We know when and where they have been meeting Upnd officials. They can run but they can’t hide. Levy a tested lawyer threatened a judge and now I understand why.

  21. Who’s f***g this Linda Kasonde? Damn she is a natural beauty. That’s a compliment by the way, no disrespect.

  22. Mr President, there you have it…stop hiding behind Amos. Man up and speak for yourself, lest your appointed mouth piece completely misquotes you… or perhaps that’s the strategy… gauge the people’s reaction then apply damage control should need arise.

  23. Hahahahahahahahaha i suppose LAZ will also be called a rumor monger that only dwells on hear say. i pity them, they should have at-least waited for Thursday “REPEAT” to release a statement.

  24. Now i believe that Linda Kasonda is a UPND cadre.all zambians heard how HH and GBM called judges names.upnd openly insulted concourt and High Court judges during the failed presidential petition but LAZ and this Linda Kasonde kept quiet-amazing!!only a f00l can take Linda Kasonde-a upnd cadre serious.am told even reporters questioned why LAZ and Linda Kasonde kept quiet when hh and gbm were insulting the judiciary,but Linda Kasonde failed to answer this question.LAZ must replace Linda Kasonde with a none partsan leader.otherwise nobody will ever respect LAZ under a upnd cadre Linda Kasonde!!

    • You are right, Linda Kasonde is actually a crown or queen, rather than a legal brain. She lacks merit, is inconsistent, illogical and mostly biased towards the opposition. LAZ should be an institution that we must run to for guidance on legal issue. Can a more neutral person take over LAZ before its too late. I will have to investigate where she did her law degree. Can someone tell me where she studied please.

  25. Linda, Kasonde really surprises logical thinking Zambians like me. She lacks consistence has short memory is biased towards the opposition and mostly her arguments lack merit. Who says the judiciary is immune to criticism. Can she just cite one section of the law in the constitution that says the judiciary is immune to criticism? No arm of government, whether in developed countries or like ours is immune to criticism. The judge who gave the judgement on the nullification of Lusaka central did not base his conclusion on facts, but hypothesis, or suppositions. Linda Kasonde is the most biased LAZ president ever to have been selected to the post of LAZ president. Am wondering which classes she attended for her law degree. Probably she failed to get to University of Zambia and through a back…

  26. Linda is doing her job. Imwe fi PF fipamafi mwalitumpa sana mwaonaula ichalo chesu icha Zambia taking our country backwards. Cursed is the day you formed the government. Tukamimona for how long mukateka nabu evil bwenu mwendoshi mwe.

  27. Ti Mwendoshi mwe. Uyu wena Ch.ikala Mutonga anangu chibe shani. Nangu pafwensofu nangu kalulu lsanye whhhhhhhehhhhhhe. She looks like a doll. or a monument.

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