In a statement Green Party President Peter Sinkamba said it is worrying that a small number of judges are still serving on the bench long after the establishment of the Constitutional Court.
He noted that the current state of affairs at the ConCourt may render it ineffective as it may be overburdened with cases.
“The constitution establishes a Constitutional Court which consists of the President of the Constitutional Court, the Deputy President of the Constitutional Court, and eleven other judges or a higher number of judges.
“It is worrying that almost one year on, the number of Judges that are serving on this bench is less than half the constitutional requirement. This state of affairs will, or may already have rendered this critical court to be extremely ineffective, as it is or may be overburdened with cases.”
He said having a small number of judges at the ConCourt leads to justice being delayed hence defeating the principle espoused by the Constitution which is “justice delayed is justice denied.”
“One of the key principals established by the Constitution of Zambia in Article 118(2), which guide judicial authority for our courts, to protect and promote the values and principles of the Constitution, is that justice must not be delayed. From the small number of Judges on this bench, it is very clear that this principle espoused by the Constitution may or is already not being complied with on account of the manpower level of Judges serving on the bench. This defeats the whole purpose of having the principle in the Constitution.
“From the appointments made earlier for the current bench, we appreciate the fact that the President may be challenged to find competent manpower from the pool of lawyers available in the country to serves on this bench. Article 141(1) of the Constitution requires that only lawyers that have served for at least fifteen years and has specialised training or experience in human rights or constitutional law should serves on the bench of the Constitutional Court. Apparently, the President appears to have had a challenge to find lawyers with such qualifications from the pool of lawyers in the country,” he said.
He further urged President Lungu to extend the catchment for ConCourt judges to cover the Commonwealth.
“The Green Party supports the continued development and strengthening of international human rights standards in Zambia. Therefore, to promote accountability and prompt resolution of constitutional cases, and in view of this challenge confronting President Lungu, we urge him to extend the catchment for Constitutional Court Judges to cover the Commonwealth, especially the United Kingdom and India. He is not restricted to do so by the Constitution. This is a very necessary measure to prevent abuses of human rights, and other constitutional provisions that are central to efforts to create a more peaceful and just Zambia.
“In any case, appointment of neutral Judges from other parts of the Commonwealth to fill up the vacancies on this bench at the moment is most rational measure to take, as an interim measure for five years, in view of the disgusting, nauseating and extremely embarrassing tribal, regional, and partisan divide that has rocked country following the August 11 elections.”
You are giving us good checks and balances Sinkamba. Keep it up. You are now very relevant.
Vote Mr Kudos! 2016
Mr Sinkamba yr suggestion is valid but will not find favour with Edward. Edward appointed 5 judges instead of 9 for a reason.Edward appointed his friends to Concourt to fight for his cause. The UPND Petition at Concourt has shown why Edward appointed his friends. He knew that in the event that a Petetion was lodged at Concourt against his Re-Election he would count on his friends to block it. For sure his three friends at Concourt have not disappointed and almost 4 months after the Petition was properly lodged with Concourt it has not been heard or determined. Edward was very strategic in appointing judges loyal to the appointing authority who is himself. The fewer the Judges the easier it is to bribe them. The more the judges the more difficult it is to bribe or compromise them. Apart…
I belive John Sangwa is qualified enough for a position on the Concourt. Yes, he normally defends opposition and other people not favoured by government but he has been in the Constitutional law business for over 15 years. I think his expertise would be appreciated on the bench.
In the Zambian setup, the president himself/ herself is the constitution and not the written down constitution. So currently, Lungu is the the Zambian Constitution or rather the Lungu constitution. I admire the setup in older democracies like the USA where what is spelled out in the constitution is what the citizens follow including the president not here in Zambia. Everything donkey or monkey like sort of constitution – all based on corruption and broad daylight robbery. The Lungu constitution, every Zambian has lived up to it and everyone lives in fear to abrogate it. Bakapoli.