As the Green Party, we troubled by the silence from the Law Association of Zambia (LAZ) and UPND on the execution of the famous judgment against former ministers. Non-execution of this judgment is wrongly projecting a negative narrative of the Constitutional Court. We blame LAZ and UPND as key culprits of the negative public perceptions for reasons outlined below.
It is now more than two years since judgment was delivered and there no execution. We are troubled because execution or enforcement of a judgment, which follows the logical pronunciation of the same by the judge or magistrate, must be taken seriously as it is one of the most important aspects of the administration of justice in any society where the rule of law thrives. By execution, we mean quite simply the process for enforcing or giving effect to the judgment of the court. It is the last stage of a judicial process after the legal right, claim or interest has been determined on the merit in a judgment or order by the court.
Every judgment must be obeyed and is effective from the date of its delivery or from such a date stated in the judgment itself. The judgment is meant to be obeyed without demand and if there is default in obedience, after a period of grace, which can be between three to fourteen days, as the rules may prescribe, the judgment creditor is entitled to commence enforcement proceedings. A judgment is valid until set aside on appeal, and as such, must be obeyed.
To the best of our knowledge, there is not on appeal on that judgment. And it has not been set aside. Even if it was on appeal, we are not aware of a court order to stay its execution. So, LAZ and UPND are rightly entitled to fruits of that judgment by way of execution. If the judgment is unenforceable, for one reason or the other, LAZ and UPND are duty bound to come out in the open and tell the nation about the development so to clear negative public perceptions.
LAZ, especially, has a constitutional duty to ensure that the public generally hold the view that judges and court staff treat people who have business before the courts with respect and dignity. The positive image of the court system centers on three key aspects: perceptions that the courts meet constitutional obligations to protect rights; that litigants have adequate legal representation; and that judges are well-trained and are honest and fair in individual case decisions. Perceptions that courts are too slow; unfair in the treatment of the opposition and nonentities in society; are out of touch with the public; or are negatively influenced by political considerations, are inimical to the justice system on any nation.
The public should not believe that the courts handle cases in a poor manner. On balance, the public should approve of, and trust the state courts. Overall, public perception should be that courts handle cases in an excellent manner. We urge LAZ to promote this narrative starting with execution of the judgment against former ministers.
Peter Chazya Sinkamba
Party President
The Green Party
Well articulated, thought one CK would be the first to pay back the money but alas.
Peter Chazya Sinkamba is a lemon
Thanks
BB2014,2016
@Peter you becoming irrelevant by adopting rubbish culture.
Remove that fuucking middle name, it’s PF’s shiit culture. Next you will be Dr. Dr Dr. On a bill board.
You are Peter Sinkamba or Peter
I am Nostradamus or Nostra.
@Nostra, it is not PF culture. Dr Kaunda used it and so did Rupia, Mandela, Mugabe, Nyerere, Mwanawasa, Zuma, the list is endless. Outside Africa Barack Hussein Obama II used it. This is presidential, and has nothing to do with PF
That money has to be paid back in line with the rule of law otherwise it will be one issue that will be part of the downfall for PF
My understanding is that to be a Minister, one must have been appointed by the President.Furthermore,to continue occupying the office of Minister ,one needs the tacit approval of the President.Going by this understanding,I find it very difficult to fault all those Ministers who continued to occupy their offices.It would therefore be very helpful if State House came very clear on this issue.Did these Ministers continue to occupy their offices without Presidential approval?
UPND is the worst thing that has ever happened to Zambia. LAZ under that illogical woman was another worst episode in an otherwise respected body. I am glad LAZ has a better leader today than that TRIBAL woman. UPND will also go nowhere as long as it is led by a TRIBAL god HAKAINDE CHILDISH.
HH is busy supporting Kambwili who was one of the ministers and CK and Harry Kalaba have not paid back any ngwee!!Those are politicians for you!!
Is this what marijuana can do…wow!! No wonder your namesake Peter Tosh died advocating for it’s legalisation.Thumbs up Sinkamba for being objective.
The worst part of all is you have a president who is supposed to be a lawyer, trained to uphold the law.
From this on going saga and the silence from lungu it is fair to say lungu is indeed a corrupt theif, devoid of any morals and integrity. That he lost his licence because of fraud is clear to see…..
On top of all this, people wounder why the civil service is a den of theives where civil servants think stealing is part of the job , should be of no surprise with a leader like lungu….
I thought the Attorney-General ‘appealed’ this matter? This is a very sensitive matter in the sense that it was like a Judgement against the Head of State. As Chishimba Kambwili says “Edgar Lungu himself will pay back as he is the one who made us stay illegally in office”
I like Peter’s psychology.
The problem with the write up from Sinkamba is that he does not have the backbone to blame Lungu and his Ministers. Peter Chazya Sinkamba, what are you afraid of? Why have you laid the blame on LAZ and UPND. What do you want them to do, which they have not done already.
Thanks Peter, although your article lacked the bite since it did not state who is responsible. Trouble in Zambia is that no one seems to be accountable nor take responsibility for such actions. In other countries, entire cabinet would have stepped down on moral grounds. If judgement even by such a court is not respected, then the entire judicial system has collapsed. What a pity!! Where does one run to for recourse? I am dead worried for our country.
This matter is still in court and therefore to comment on it would be subjudice.
IF ECL ORDERS HIS MINISTERS TO PAY BACK WHILE THE MATTER IS IN COURT, HE WILL BE CITED FOR CONTEMPT.
I thought the constitutional court had the final voice, still wondering why the law in Zambia is very selective. When it involves the goose you can appeal, when it for the gander its final.awe mwandi
The Judgment was faulty. Constitution is clear, The President Appoints Ministers into office from among members of Parliament or nomination to parliament if appointee is not an existing member of the House.
However the Ministerial appointment is not subject to appointees being continued members of the House. This being said then a person appointed by the President continues to serves at his pleasure unless relieved of his portfolio at the Presidents discretion. Their influence in office only limited on decisions that need a sitting parliaments approval.
Ministers serve at the discretion of the President not Parliament according to the Zambian constitution.
Thank you
DATA: NOTABLE PEOPLE WHO HANDLED PRIVATIZATION,
Dear Editor.
The chief executive of ZPA, Valentine Chitalu, he was also a Director of ZCCM.
Mr. Willa Mung’omba, a member of the ZCCM Privatisation Negotiating Team, was also Director of ZCCM
Francis Kaunda,the chairman of the ZCCM negotiating team who was appointed over the heads of the ZPA Members, was also former chairman and chief executive of ZCCM.
Mr Abel Mukandawira was chairman ZPA.
Mr Luke Mwanashiku
Mr Edward Shamutete
Mr Lembalemba D minister mines
Mr Enoch Kavindele Min Commerce
Mr R Penza Min Finance
Mr Lewis Preston Former president World Bank
Mr Bwalya Ngundu ZIC
1998 Budget Speech on privatization (this is to show Zambian PIPO that it was not only HH who bought shares, i quote
Mr. Speaker, Sir, it is encouraging…
Cont…Mr. Speaker, Sir, it is encouraging to note that by now there are approximately 6,000 Zambians who have invested in our stock market. This goes to show how well the public is responding to Government’s liberalisation and investment policies, and with how much foresight the Government had moved to establish the Lusaka Stock Exchange. [Ronald Penza, Minister for Finance, Budget Speech 1998]
The only few and MPs who were brave enough to criticize the might mafias the MMD govt was
Mr Bob Sichinga isoka east independent MP
Mr Akashambatwa Mbikusita-Lewanika Aganda for change president
Mr George Zulu veep UNIP
WHAT ABOUT THOSE ZAMBIANS IN PRIVILEGED POSITIONS LIKE ZPA, GOVT AND AGENTS
Any member of the ZPA, or consultant to the ZPA, and their immediate families and professional…
Cont…Any member of the ZPA, or consultant to the ZPA, and their immediate families and professional partnersare are required to disclose any conflict of interest.However, this disclosure is not made publicly but to the Director of the ZPA who has total discretion in deciding what action (if any) is appropriate in each case.Those responsible for the implementation of the Privatisation Programme may not participate in the programme except through public share offerings.Political leaders and public officers are required to publicly disclose their intention to bid for shares in a State owned enterprise, except in the case of public floatation.
The ZCCM privatisation – by far the most important of Zambia’s parastatals – is one notable exception.Negotiations over the sale were being led by…
Cont…The ZCCM privatisation – by far the most important of Zambia’s parastatals – is one notable exception.Negotiations over the sale were being led by the international merchant bank, N.M. Rothschild until, at the end of March 1997, Mr. Francis Kaunda was appointed by the President, rather than by the ZPA board, to head the ZCCM Privatisation Negotiating Team. This directly breachd the act.
We have researched and researched, we cant find the name HH mentioned any where for doing any wrong there. We are appealing to those falsely accusing him to kindly share the evidence to the contrary.
Justin Kabwe.
The UP and Down part is living to its name, HH is holding on to any floating leaf with the hope of keeping surviving the drowning. How can you not learn the lesson of getting a well know GBV culprit as your Veep? and now you have started quoting a rail line striper and a fired minister as your confidante. And everyone knows about this? do you think you can gunner enough votes to rule Zambia? Much as we support your protests of purpose you need to start dissociating yourself from those that will not add value to your number of votes.
If I was the President, I would have begged Sinkamba to my chief adviser,or at least nominate him in a very strategic position. I have respect for you CS.