Respected clergyman Reverand Japhet Ndhlovu has charged that Zambian Judges are compromised as they owe their allegiance to the government of the day.
Reverand Ndhlovu, the former Secretary General of the Council of Churches of Zambia who is now based in Toronto, Canada where he is serving under the United Church of Canada said the allegiance of Zambian judges is to the ruling party and government of the day and not even to the constitution.
He stressed that the independence of the judiciary does not exist in Zambia.
Reverand Ndhlovu said he dreams of a day when Zambia will have a genuine independent judiciary which can be an honest arbitrator in legal and political cases.
Writing on his Facebook page, Reverend Ndhlovu said, “Some people live under an illusion that we do have separation of powers between the three arms of government namely the Executive, the Judiciary and the legislature.”
“That may be true in other countries like Canada or the USA and others. Even when they have ‘crazy’ President the systems somehow have the capacity to bring about sanity. I congratulate Kenya for setting a new constitutional path in that regard. The President does not any longer appoint judges. They are appointed by an independent Judicial Service Commission,” he added.
“Even the Chief Justice has to apply for the job and be interviewed in public. Judges in motherland are appointed by the President and are expected to be independent and call the government of the day to order in case they go out of bounds,” he said.
“That rarely happens unless some judge has some spine and one can count how many we have had over the past decades. Truth be told and this can be seen from their many questionable actions especially on cases that border on political issues, the allegiance of our judges is to the ruling party and government of the day and not even to the constitution nor the people of the land.”
He added, “You do not need to be like our modern prophets who predict soccer matches to know the end results when such politically appointed judges are presiding over cases with a heavy ‘political undertone’.”
“I dream of a day when shall have a genuine independent judiciary which can be an honest arbitrator when we have to separate legal and political cases in motherland. I dream of magistrates and judges who would stand up without fear or favour. I dream of a day when courts should not be subject to improper influence from the other branches of government, or from private or partisan interests.”
“I dream of a day when wheels of justice will not be made of steel and will move expeditiously.”
I’m sure PF cadres will unleash insults on the Reverend and label him a PF cadre. But what the Reverend has pointed out is not about PF or UPND. As long as this anomaly is not resolved, these political persecutions and unquestionable judgements will continue regardless of who is in power.
This is my best part from the reverends article “Some people live under an illusion that we do have separation of powers between the three arms of government namely the Executive, the Judiciary and the legislature.”
clergyman are also compromised..
corrupt judiciary system is what we have in Zambia especially the Chief Justice herself…
PF has committed the worst atrocity in our country by undermining the separation of powers between the three arms of government namely the Executive, the Judiciary and the legislature. To hear the news from the independent media that the Executive and the Judiciary meet under the supervision of State House to collude to fix political opponents is unimaginable. It is a democratic abomination! Only WICKED PEOPLE DO SUCH THINGS.
Tongas let us unite and kick easterners out.
At least we have some people with sense in Zambia. Thank you Rev. The so called “iron lady” now a “jelly lady” must be fired immediately for not protecting the constitution anf allowing the crisis we have today. She should not allowed anyone to take the presidency no matter until the full truth of the petition was exhausted. Now we have a suspected illegitimate president who has arrested an innocent man on trumped up charges without evidence. Mainly to stop the petition because he fears the truth coming out. #let Lungu prove he won through evidence and an impartial court ruling not arresting HH
I’m sure PF cadres will unleash insults on the Reverend and label him a UPND (not PF) cadre. But what the Reverend has pointed out is not about PF or UPND. As long as this anomaly is not resolved, these political persecutions and unquestionable judgements will continue regardless of who is in power.
“Respected” Rev Japhet again you are starting politics? What’s a problem with Africans when they go abroad? Respect? We have not forgotten how you as a man of God almost had a punch up in Cairo road with that Somali man in the name of protecting your family. This Somalian didn’t even scratch your car where your family was but you lost your temper and almost beat him. You had to be separated. Hence, we are all human striving to perfection. We shall never reach 100% because even America, in your own words, is not just better than us. Your analysis is that of condemning us that’s why I brought up your weakness also. Speak that which is building as a clergy not this earthly analysis of us zambian.
Typical Zambian. Always personal. Learn to be objective. The reverend is not claiming that he is perfect. He is simply expressing his opinion on a matter of national concern. I don’t understand why us Zambians are so sensitive to criticism.
You are a hired PF gun! God is watching. When the time is right, God will act! Some day God will scatter PF WICKEDNESS OUT OF OUR LAND! WATCH THE SPACE!
It’s not correct to generalise that all Judges in Zambia are compromised just as it’s also true that not all clergy are compromised… In every society there are some people who will be compromised whether in USA or Canada and the rest of the World but it’s wrong to brand that the whole world is compromised Mr Reverend…
all of them they are compromised as long as the chief justice herself she is corrupt.we know she is a pf cadre that’s why the opposition is being persecuted
…because she did her job and refused to dance to hh’s nonesense????
Standing on an anthill and insulting your mother. This is what he is doing. He is unpatriotic and should not be given an ear.
You don’t even understand patriotism. PF cadres are so ignorant. When someone argues from a point of ignorance he can even beat someone who knows what he is talking about.
That is my Rev. I was confusing him with that other outspoken Bishop/Rev. Ndhlovu who is a PF cadre. I had even become disappointed knowing that Rev is a true man of God who stands for the truth when I confused the PF guy. Now I am relieved to know that my Rev. Ndhlovu remains true in the LORD.
@Mweepo! you are a fo0lish PF cadre. Reason with your brain and not your stomach
According to article 169 of the new zambian constitution:
The President shall, on the recommendation of the Judicial Service Commission and subject to ratification by the National Assembly, appoint the: (a) Chief Justice; (b) Deputy Chief Justice; (c) President of the Constitutional Court; (d) Deputy President of the Constitutional Court; and (e) other judges.
Point of correction, that is article 140 (typo error at the most…) but you posting while quoting from the constitution itself is very good and is what will build this country. Imagine a former Secretary General of the Council of Churches of Zambia can go on international media and disparage his own country to please his masters. A man of God publishing falsehoods in front of world without even reading and comparing with the constitution…THIS IS A TOTAL SHAME AND A LACK OF PATRIOTISM.
The new constitution was only enacted last year. The article which is suppose to create a more independent judiciary is bearly being put into action with the 2017 budget. Most Judges in the current judiciary are a product of the old constitution. How does this reverend expect to see changes overnight??? Really unpatriotic.
So you are trying to say the president is NOT the appointing authority??? LOl
Not directly, the Judges have to be recommend by the JSC and ratified by parliament.Therefore the president won’t for example appoint his favoured judge if parliament disapproves or the JSC don’t pick him, right??
Rev when did you realize that the the judiciary is compromised in zambia?
Are you saying this because HH is in trouble with the law?
What is your point of reference? Be real and honesty. And if you are a UPND come out clean.
We are where we are now because of the judiciary. If they were independent as they claim, all the mess they caused wouldn’t be here. Known judges have really created a mess of the whole system
Country man. Even in the USA and Kenya that the REV have cited – Índependent judges’ come up with weird judgements that leave everyone shocked. Our system of selecting Judicial officials looks okay on paper but when it comes to the process – the majority take the day. How about the judgement to distribute and teach satanism in Florida and the declration of George Bush as president?
We don’t have democracy in Zambia at the moment because judiciary is democracy. Democracy is judiciary we are very disappointed with the so called Mama. And these old judges we’ve taken the democracy for granted selfishness on this God will punish we are not going away with this. Zambians are suffering just because of few individuals. Nothing can be hidden in the eyes of God is watching day and nights. Every time you pass in the street think of those children who are suffering even in hospitals. today we are very clever tomorrow will not be clever.
she is corrupt…
is the Rev trying to exhaust himself?nor claiming to be innocent?the ans NOO….
Do not condemn the Rev, fact is many of you bloggers have not had any experience with life outside the boarders of zambia to feel how other democracies are fairing. The moment you have true separation of powers between the three arms of government namely the Executive, the Judiciary and the legislature, you bring about sanity in the governing of the country – meaning rulers will govern with prudence, and would not take law in their own hands. These are building blocks of good governance to bring about accountability which would lead to true and fast development of the country.
Cry my beloved country.. People cannot see beyond UPND/PF anymore.. If someone criticizes the government, he is UPND, he supports, is he is PF.. Meanwhile the ones who are being let down are the voiceless, the dirt poor, those whose only concern is to find a meal and start all over again tomorrow looking for another meal. Its a real shame! The judiciary has done very little to give confidence and that is a FACT! Its all marshmallows and roses until one of your blulus gets in a scuffle with a PF gun.. Then you will realise that being a PF blogger is worth toilet paper. The same paper the judiciary is worth these days.
correct Arms folded…
Bobochani it doesn’t mean if you are clergyman you can’t say about wrong issue even Jesus our savior was in dispute with the Roman Government think before you talk nothing wrong with the rev is right. If rev is seeing Zambians suffering he can’t talk about it.
Bobochani it doesn’t mean if you are clergyman you can’t say about wrong issue even Jesus our savior was in dispute with the Roman Government think before you talk nothing wrong with the rev is right. If rev is seeing Zambians suffering he can’t talk about it.
well said Rev.Ndhlovu..I love your articulation..Zambia is so lost right now..
The reverend has written well. Interference from politicians and corruption has made the courts to start looking irrelevant. Our courts though demand high levels of respect do not operate according to their mandate. In recent days, one sided persecution is very common. If a friend of the president commits a crime, the case dies a natural death. If opposition person commits a crime, they will make sure the law applies. Judges have no respect for the constitution as the reverend has put it
In democracy the government is countable to the people, now to bring about this accountability you need separation of powers between the three arms of government namely the Executive, the Judiciary and the legislature. This separation should be transparent and practical, in order to avoid judges not to look like political appointees. Therefore the need for a commission that selects judges should be setup free from manipulation, if you reject this you have rejected true democracy. Remember you do not do this for the government, you do this for the people.
Well said man of God.stay blessed
Rev Japhet Ndhlovu, I have to take your statement with a pinch of salt seeing that you may be compromised yourself in an effort to remain relevant to your sponsors. Before I proceed, please tell me how much more time you have remaining on your contract, whether you are eager to renew it and avoid a return home etc.
Now if you are talking about U5, maybe it’s better that we just lock him up for 5 years without trial or perhaps sentence him to death by hanging until pronounced dead, rather than waste time with what you think are “compromised” judges in the High Court “hearing” U5’s treason charge. Okay with you, man of the collar?
May what you have said here above and what you wish an innocent man be your portion.
Ba Reverend, do a bit of research and you will realise the Politics involved in the appointment of Judges in the US. Any conservative President, like Donald J. Trump would want to appoint a judge with similar views or inclinations. Issue like pro or anti abortionist, evangelicals, same sex marriage, gun control etc are very serious lobbyists for Political offices in America. Remember what happened when Judge Antonin Scalia’s seat fell vacant in the last days of Obama’s presidency. Trump made it very clear that he was the one to appoint the judge to fill up the seat. Life nowadays is very simple, just google and you will see how the seat was filled eventually.
terrible, young man… lock up someone for five years without trial… Imagine it is your father who is alleged to have committed treason?
You and Mushota are below average thinkers… Learn to sober up.
The Rev Peter Ndhlovu has raised issues of Judges and your view is off mark…
Mwaiche , u kule…. you are an embarrassment to the Zambian community….
The glorification of the great Canadian judiciary is impressive. It is not objective. What is the criteria? Is it delays? Is it cost? Is it fairness? Is it perception? Judiciary does not exist to solve all political, economic, technological, social and cultural problems that exist. Judiciary upholds existing laws. Consequently, judiciary is conservative and reform oriented. In every country, citizens and institutions that citizens create make up the building materials of the justice system. The great Canadian people have created an enviable justice system for themselves through their determination and sacrifice. The Law Association is enlightened, focused, fearless. The clients are very demanding. Advocates display professionalism. The deficit here is the lack of courage to accept a…
The deficit here is the lack of courage to accept a ruling that does not meet expectations. To accept a ruling, it takes enlightenment, focus and fearlessness.
It is better to compare our justice systems with other nation. I totally disagree with Dr Makasa Kasonde. the whole world was able to watch the Oscar Prestorius case in the High Court of South Africa.
We can move in that direction as a nation. If We watch Parliament debate, why cant we watch court proceeding of most cases?
Look at the tribunal case of Mutembo Nchito . It was held in camera and the findings have not been published up to todate. If Nchito had a case we expected him to be prosecuted. If he has no case , why was he removed?
The Judiciary needs a touch of modernity to be meet public perception.
In the old constitution, a tribunal of the DPP which was apointed by the President, proceedings were not held in camera as what happened with Mukelabai Mukelabai in 2003; MM was cleared by his tribunal but Mutembo was found wanting. The tribunal presented its findings to the President who would take appropriate action. In the new constitution the JUDICIAL COMPLAINTS COMMITTEE is the one who will handle matters pertaining to the DPP and Judges, not the President. You see, it is a new system that will take a bit of time to properly implement, remember,this is the first year the Judiciary is dealing directly with MOF and coming up with its own budget. There will be challenges before the system fully works. So to rush and compare with other countries may not be a good idea for now, the…
…the Judiciary just needs our full support as the look to improve.
I agree with the Reverend. It is almost impossible for an appointee to go against the appointing authority. What we need is to change laws so that all high positions are given on merit after interviews. Just imagine how much output we would be obtaining if DCs, Permanent Secretaries, CEOs of parastatals were recruited through interviews
Copy the American justice system where anyone can comment on a case in court without it being contempt
in the school of law ………………………………………………………………
While agreeing with the Rev on Zambian judiciary, the Canadian judiciary is corrupt as well and anti-blackman.
Especially in Ontario, evidence presented by a blackman is often ignored, and justices are always breaking court rules with impunity. A blackman needs a well-connected white lawyer to succeed in an Ontario court.
It’s, therefore, not unreasonable to presume that hell will be dominated by lawyers and judges – not police officers!