Tuesday, October 15, 2024

LAZ Does Not Support The Disciplining Of Any Judicial Officer For Exercising Their Duty

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The Law Association of Zambia (LAZ) has received the news of the suspension of three Constitutional Court Judges, namely, Justices Anne Sitali, Mungeni Mulenga and Palan Mulonda, by the President of the Republic of Zambia, His Excellency President Hakainde Hichilema, on the recommendation of the Judicial Complaints Commission (JCC) with great concern, especially as it affects the constitutionally guaranteed
independence of the Judiciary.

LAZ is aware that Article 143 and 144 of the Constitution promotes the principle of judicial accountability, as it provides for disciplining of judges whose conduct falls below the standard prescribed by the law. Further, the Constitution mandates the President to suspend a Judge within seven days on receipt of a report from the JCC establishing a prima facie case against a Judge, to pave way for further investigations by the JCC on the merits or lack thereof of the complaint.

Whilst LAZ agrees that judicial officers must be subject of discipline when warranted,LAZ does not support the suspension or disciplining of any judicial officer for doing what they are constitutionally mandated to do, namely, adjudicate upon disputes and deliver judgements. Article 118 and 119 of the Constitution is categorical, as it provides that judicial authority of the Republic derives from the people of Zambia and shall be reposed in Judicial Officers to be exercised in a just and accountable manner.
LAZ is particularly concerned that the complaint lodged before the JCC on 27th May 2024, borders on, among other things, the conduct of the three Judges in the due exercise of their duties as Judges. LAZ is also concerned that the fresh complaint before the JCC is based on similar complaints against the three Judges, which the JCC has previously dismissed.

It is trite that security of tenure for a Judicial Officer is fundamental to the principle of independence and integrity of the judiciary and assures the ability of judges and judicial officers of all ranks, to carry out their judicial functions without fear or favour. Such accountability of judges and judicial officers should be exercised in line with the principles of fairness and justice, which
underpin our society.

LAZ shall continue to monitor developments around the three judges and shall await determination of the matter by the Court, considering that it is now subject of court proceedings. LAZ cautions that all stakeholders must ensure that the process is conducted in accordance with rule of law, constitutionalism and judicial autonomy.

This press release is on a matter of national interest, in defense of judicial independence and constitutionalism and has been issued in furtherance of LAZ’s mandate under Section 4 of the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia.

Lungisani Zulu
LAZ President

17 COMMENTS

  1. That child above is LAZ president? That’s a TikTok influencer.
    No wonder so many childish behavior in Zambia, everywhere from State House, FAZ, Music, everything is childish…
    Close damnt country please.

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    • @Nostradamus….My thoughts exactly. I am wondering how this callow looking boy who clearly looks clearly inexperienced and immature can can be President of LAZ. Shows you where LAZ is at!

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  2. The Constitution of The Republic of Zambia bounds every citizen of the Republic of Zambia to be within the laws and not be on the periphery or outside our laws. Especially those who survive on tax collected must be totally submissive to the Laws as they are pronounced by the Zambian people.

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  3. The LAZ of these days is a total joke. I advise lawyers never to appoint someone to this position who has less than 10 years experience. The integrity of LAZ has significantly diminished.

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  4. Whatever they are aside, LAZ are issuing a very strong statement here. The President has fired judges because of their rulings. Is he their boss? The Judiciary is supposed to be protected by the constitution. It cannot be subject to Community House. It will become a political court if it has to seek political approval for its decision. The same thing is happening to the media. ZNBC can never be critical of the ruling party because it is scared. The Constitution is not being adhered to. Lets have another review> Certain rights like freedom of speech need to be re-entrenched

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    • That’s where the danger is. Before you comment out of emotions,try to understand the role of the office of the Presidency. The Judicairy must be held accountable for their actions whether they are performing their duty or not and beside are you saying if the any Judge makes a mistake in any ruling while on duty, does it mean that particular judge is exempted from facing any disciplinary action?
      The role of the Executive is to carry out delegated legislative functions such as issuing of Statutory Instruments. So where has the President errored in implementing what the Judiciary council recommendations concerning the three concourt judges?

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    • Thats indeed where the danger is Katana. You dont understand Democracy and the role of the President as opposed to a King or a Mussolini. Democracy has three wings of governance. It actually has four including freedom of expression manifested by the media. The three wings check each other-in an atmosphere of freedom-so that we dont have a dictatorship. If one of the wings, in this case the judiciary, is answering to the President or Executive it is rendered ineffective because it is inferior.

    • Why people opt for a Democracy is so avoid a democracy. Humanity knows that Power is sweet and if given to any one person without checks you could be under a dictatorship. So a President is not an overall emperor and he should know this

  5. There’s no unity in the judiciary. These people must stand up to Hakainde Hichilema. Today it’s Mulonda, Palani and Sitali but tomorrow it could be you. The current president is completely tactless.

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  6. Because of the importance of this matter, the Law Association of Zambia should apply to the JCC to request representation during proceedings as an oberver. Surely that’s not too much to ask. Were the judges suspended from office the last time they faced JCC action on this matter? There are certain questions about the judges’ conduct during the 2016 presidential election petition that have given rise to concern and they need honest answers under oath so that the can face cross-examination.

  7. There was a time when the legal fraternity commanded trust from the public. The era of FitzPatrick Chuula, SC, Daniel Lisulo, SC, Mainza Chona, SC and Edward J. Shamwana SC. Also, the likes of G.B. Muwo, who later became the first Zambian High Court judge in 1969, late Andrew Kasonde, Africa Bruce Munyama and C. F. Kamalondo
    These included former Chief Justice Annel M. Silungwe, the late Bonaventure K. Bweupe, Frederick M. Chomba, SC, etc

  8. What a fun statement from the so called learned lawyers! “Don’t support suspension……… In the course of their duties. ” They must be suspended or fired if found wantig

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  9. LAZ does not support firing of judges for doing their job. What if they are doing their jobs incompetently or with bais? What should be the remedy to bring into line erring judges. I still haven’t got an explanation of how lawful the act of waking up a judge at 3am to make a consent judgement where other stakeholders or litigant had not consented to. Someone in LAZ please educate me.

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  10. All what the President has done is to allow JCC to conduct their business either in camera or otherwise. LAZ what you must know is that some Judge was on holiday and was just force by ECL to be part of CC by phone. LAZ follow events in the country to be impartial. We lost a Returning Officer in Kanama Constituency. Did you bother to investigate. ECL allowed Ministers to work when parliament was on recess. What did you do? Yes, you suspended ECL when he went wrong. That was good. Please reason with the Laws of Zambia and not any other way.

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