Wednesday, May 8, 2024

FODEP – Respect independence of judiciary

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Mr Amos Chanda
Mr Amos Chanda

FODEP is deeply appalled by Mr. Amos Chanda’s unjustifiable and unfortunate attacks on the judiciary and we wonder whether such unwarranted attacks have the blessings of HE President Edgar Lungu.
According to the United Nations basic principles on the independence of the judiciary and the UN Special Rapporteur on the independence of judges, the bench is sacrosanct and its well-considered decisions, though contestable by professional legal means, should not be subject to any outside influence, including the influence of the Presidency.

FODEP would like to further remind Mr. Chanda on the provisions on the Republican Constitution in Articles 122 (2) which state:

“A person holding a public office shall not interfere with performance of a judicial function by a judge or judicial officer” (4) “A person holding a public office shall protect the independence, dignity and effectiveness of the judiciary”.

The judiciary should decide on matters before them objectively, based on facts and in accordance with the law. It should not be under any restrictions, inducements, pressures, threats, or interference, direct or indirect, from any quarter for any reason. Rules concerning the exercise of judicial decisions should aim at enabling judges to act without fear or favor. It sets a fatally wrong precedent when people like Mr. Chanda a senior civil servant make statements insinuating that the presidency is above the law. In fact, the independence of the Judiciary should be guaranteed by the Presidency itself and it ought to be the duty of all governmental institutions to uphold the principles of separation of powers that encompasses the independence of the judiciary. We therefore challenge Mr. Chanda to practice widely acceptable tenets of democracy by avoiding commenting on matters that are still active in the Courts of law.

A flurry of commentaries and examination from different sections of society have been flying around ever since the High Court nullified the 4 parliamentary seats particularly those held by the ruling Patriotic Front (PF). Some of the statements uttered constitute an attack on the State itself — a contempt of the court in a way. It is mind-defying that the judiciary only becomes subject of vitriol when it sanctions a constitutionally protected right,

Issued by Mr. Chimfwembe Mweenge
Executive Director
FODEP.

16 COMMENTS

  1. “It is mind-defying that the judiciary only becomes subject of vitriol when it sanctions a constitutionally protected right,” – this is so true. People like Amos forget that they are there to ensure that the President upholds the Constitution that he swore to defend. What really boggles the mind is that Amos is an educated young man that understands all this.

    • And this is yet another misplaced attack on Amos. You ‘ve used a right clause to apply on a wrong person. Amos did not influence the independence of the judiciary neither did he comment on matters in court nor interfere with the courts briefing. Listern to the live interview and stop basing your articles on the social media stories.

  2. UPND leadership, Amos Chanda, Belindas, all insult our judiciary. The courts are holding firm.

    Viva President Nawakwi that is going to the FDD convention.

  3. Thank you Nzelu. There is no single party that does not insult the judiciary apart from iron lady Edith’s FDD. Its unfortunate that the judiciary has taken sides in politics. Fodep, if u are to condemn, let all political parties be condemned. The judiciary is fair if a case is worn in favour of the complainant and if the opposite happens, the judiciary is corrupt. Why did number 1 sata*nist in africa HH want to attend the briefing by that prostitute Linda.

  4. It boils down to the fact that Chanda can’t say anything derogatory about his seniors. Chanda is a civil servant. He now should be charged otherwise free all the journalists you have arrested on colonial laws.
    Lungu alesakisha Chanda ukubosela bashimafumu pantu nikuwe. He should not hide behind Chanda cos he knows civil servants aren’t allowed to issue political statements.
    Opposition take this case seriously

  5. I listened to Amos Chanda’s Sunday interview and did not hear anything close to what FODEP is alluding to. People should not put their words in Chanda’s mouth. When HH insulted the Judges FODEP was quite. What kind of hypocrisy is this?

  6. Chiwamila Mbuzi kumenya Galu. Galu akafuna kuluma Mbuzi aitema mwala.

    What hipocricy in Zambia. If any thing it is HH who insulted judges. Amos was just wondering like all of us at how some UPND judges are misrepresenting the judiciary.

  7. I think Amos must be booked. This chap needs to be taken to court for talking outside his specified duties. The fact is this is not the first time Amos is doing something wrong. Whoever is the parent to this child warn your son to stop taking our great country and people for a kaponya shop.

  8. Amos Chanda never said or did anything warranting all this noise, HH insulted the judiciary as well as Martha Muchipe and you conveniently kept quiet and so now you’ve shown us where you stand and if anything there’s no single person or organization that is a god; when something is wrong and you err some one has speak it out so I see no reason why people are so emotional over such matters – please bola panshi!!!

  9. Yesterday they aired the interview and i watched it on ZNBC and saw nor heard nothing of what is been insinuated here – if talking or commenting on social was a business I guess Zambia could have been the most developed country in the whole world…kikikikiki!!!

  10. Amos Chanda never assorted the judiciary. Like what the president said, judiciary just like any other body is not immune to criticism. i followed his speech unless bantu ngatabaishiba icisungu. Some decisions the so called judiciary makes are so biased and totally in favour of the UPND. Hakainde tapali nefyo engesa bacitila. fyonse alanda fyakunyafye

    • ZaMBIA. MORE IS THE PITY THAT YOU DID NOT VOICE YOUR DISPLEASURE WHEN THE CON COURT JUDGES WERE BIASED AGAINST THE UPND. YOUR SENTIMENTS WOULD HAVE BEEN TAKEN AS AN INDIVIDUAL AND RESPECTED UNLIKE NOW WHEN YOU SOUND VERY PARTISAN.

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