The International Bar Association’s Human Rights Institute (IBAHRI) has condemned the persecution and disbarment of prominent Zambian Constitutional lawyer John Sangwa SC, on 13 March 2020.
The International Bar Association is the global voice of the legal profession and the foremost organisation for international legal practitioners, bar associations and law societies that was established in 1947, shortly after the creation of the United Nations.
BAHRI Co-Chair, Anne Ramberg Dr jur hc, commented: “The Zambian judiciary’s attack on John Sangwa’s individual rights to freedom of expression, as well his independence as a lawyer, is of serious concern to the IBAHRI. The absence of a fair hearing and due process in addressing the complaint made against Mr Sangwa suggests that his disbarment comes in retaliation to his criticisms of the current President of Zambia and the judicial appointments to the Constitutional Court.”
”The UN Basic Principles on the Role of Lawyers ensures the right of lawyers to freedom of expression (Article 23), which is further upheld in the IBA Standards for the Independence of the Legal Profession (Article 14). It is imperative that the independent voices of lawyers are respected.”
“ IBAHRI is concerned by the lack of due process and disregard for the rule of law demonstrated in the judiciary’s complaint against Mr Sangwa. In accordance with Part IV of Zambia’s Legal Practitioners’ Act and Section 7 of the Law Association of Zambia Act, a legal practitioner can only be punished following a hearing by the LAZ Legal Practitioners’ Committee and/or the Disciplinary Committee. The notice from the Registrar’s Office at the judiciary regarding Mr Sangwa did not indicate any legal provisions to support this action and he was disbarred before the complaint against him had been considered by the LAZ.”
And IBAHRI Vice-Chair, Mark Stephens CBE, commented: ‘The IBAHRI urges the Registrar’s Office to repeal its disbarment of John Sangwa from all courts in Zambia and to recognise the rule of law by allowing due process in the alleged complaint brought against him. The Registrar’s Office must consider the hugely damaging impact this decision will have upon the principle of the rule of law in Zambia and in upholding the population’s belief in the judicial system.’
The United Nations Special Rapporteur on the Independence of Judges and Lawyers, Diego García-Sayán has publicly condemned the suspension of Mr Sangwa, as an affront to the independence of lawyers in Zambia.
Following an alleged complaint of professional misconduct by the country’s judiciary to the Law Association of Zambia (LAZ), the judiciary’s Acting Chief Registrar Prince Boniface Mwiinga announced that Mr Sangwa would not be allowed to appear before any court in Zambia.
The judiciary’s alleged complaint against Mr Sangwa coincides with his criticisms of the government.
In the weeks preceding his disbarment, Mr Sangwa made appearances on radio and TV during which he asserted that President Edgar Lungu was not eligible to stand for the Presidency in 2021 as the Zambian Constitution allows for an individual to be elected twice to the Presidential Office.
President Lungu has already held office twice, making him ineligible.
Mr Sangwa has also been openly critical of the appointment of judges at the new Constitutional Court.
He argues that they are insufficiently qualified because they lack the required qualifications as stipulated by law – 15 years’ experience and specialised training in constitutional law and/or human rights.
Foolish decisions like these only expose Zambia to ridicule and shame! Lungu must know that decisions like these either by him or his surrogates will one day come back to bit him in backside. It’s quite clear too after his national address that the man is very sick, even if he forces his way on to the 2021 ballots he may not even be able to live to see the polls, it’s the horrific Sata episode relived by Zambians. Plot one is now a hospice!
No need to discuss this individual it is time to talk about COVID-19, what you sour is what you reap we have important issues to discuss.Change the story please it is time to fight our common enemy COVID-19.
Corona Virus is the news of the day, not those things, please
In a sane world lawyers are debarred for committing offences such as stealing from widows etc.
But in our insane country, lawyers are debarred for speeking the truth and standing for what is right!
Comments against debarment of Sangwa do not current any weight and is human who tends to err in society like anybody else. Let us concentrate on COVID-19. nOTHING ELSE
Please spare us from this type of news of a law who just rants when he loses a case and yet he SC. We have a very urgent thing to attend to – Covid-19.
These so-called International Institutions of Human Rights are comprised of strange genetically modified crop of humans. Human Rights Organisations seem to be well funded to target at progressive African Nations. To them human rights includes the right to sleep with dogs or pigs, the right to insult innocent people, the right to instigate chaos in selected African States. Strangely, the financiers of such organisations will make sure that some known developed countries are NOT criticized. Strange too that some Zambians tend to worship such organisations. Strange that such Organisations bury their heads in the sand when BOKO Haram is escalating atrocious killings of people in West Africa. Sangwa is a weird Lawyer in our region.
We have more pertinent issues to deal with that border on life and death. We don’t have time for an ugly self entitled small boy who thought he was the almighty god of lawyers. Please you are annoying us with this irrelevant news. Sangwa please****** I am not one to insult but this man is annoying!
They is why lungu tried to get Zambia to withdraw from the international courts in the Hague ……
PLEASE, LET THE INTERNATIONAL COMMUNITY HELP US TO HAVE SANGWA SC BACK IN COURT. LET,GOD PUT CHAPS LIKE KZ WHOSE FULL OF INSULTS AND A PERSON WHO THINKS BELOW HIS BELT.
It seems the Corona virus has come as an early present for some who can now refuse to address any criticism or short coming with ” we have urgent corona Virus issues to attend to”. Well – guess what? You can only hide behind that for so long. Corona will come and go and issues will remain. Also, the thing about Corona is, at some point it will be made very clear as to whether you were really attending to it and its repercussions as claimed or not.
TO SHAME
1. Gassing will always be a pertinent issue that bordered on life and death
2. Corruption is a pertinent issue that borders life and death
3. Bill 10 is a pertinent issue that borders life and death
4. Under or ill-qualified Zambian Judges is a pertinent issue that borders on life and death
5. Kaizar Zulu is a “pertinent issue” regarding national issues.
6. Kaizar Zulu was fired for under performing; Under qualified CO
SHUT UP and SHUT UP small blue eyed boy and Stop insulting Zambians
Umutong.a alishupa
SANGWA FOR PRESIDENT!!!!!!!!!
PITT get checked. You must be hallucinating and might have covid 19
@PITT, stay off weed. It’s dangerous to your mental health.
WANG, You need to have your head examined. You will thank me later.
hahahhaaha I just like the man.He fears not,but honestly speaking,he can make a good president.There is no weed involved whatsoever in my declarations.He is a presidential material and deep down your hearts you do agree with me on that!!
@kz you can not compare Mr.Lungu to Sangwa.The man spits nothing but the truth.And deep down your heart you know very well that our Lungu has failed to govern and evidence is there to point at.You are a CORRUPT ADMINISTRATION!!
The International Bar Association’s Human Rights Institute need to activate the 6th sense to help them understand that the global crop of politicians used the corridors of Trade Unions, Journalism & Legal Practices to migrate into politics. KK & FTJ Chiluba were Trade Unionists; Fred Meembe is a Journalist; Cornelius Nweetwa & Sakwiba Sikota are Lawyers, After offering legal services to UPND Mr. Sangwa has decided to join politics. Realistically Sangwa is not a threat to President Lungu but flags a real threat to HH based on his assessment of HH’s leadership weaknesses. Sangwa’s outbursts are subtle appeals to the Bantu-Bo-Tatwe ethnic group to identify a new UPND leader from the Lenjes.