THE Law Association of Zambia (LAZ) and Transparency International Zambia (TIZ) have welcomed President Michael Sata’s decision to suspend three judges and the setting up a tribunal to probe alleged misconduct.
President Sata on Monday suspended Supreme Court Judge Philip Musonda, High Court Judges Nigel Mutuna and Charles Kajimanga.
A tribunal was immediately set up to investigate the judges’ conduct relating to the cases of Development Bank of Zambia (DBZ) versus Post Newspapers Limited, JCN Holdings Limited and Mutembo Nchito and Finsbury Investment Limited versus Antonio Ventriglia and Manuela Sebastian Ventrilia.
LAZ president James Banda said the association supported President Sata’s decision and that the head of State possesses the power to proceed in the manner he has done.
Mr Banda said in a statement in Lusaka yesterday that Article 98 of Constitution gives the President powers to set up a tribunal to investigate the conduct or misbehaviour of any judge.
“We, as an association did request for an inquiry surrounding the matters mentioned in the terms of reference for the tribunal set up by the President. It is not our intention to comment on the merits or lack thereof of the allegations against the Honourable judges. That is for the tribunal to determine,” said Mr Banda.
He said at annual general meeting (AGM) held on April 28, 2012 LAZ resolved that under the new Constitutional Order the judiciary should be reconstituted and that, pending the creation of the Order, other matters of concern identified by the public and raised by the LAZ should be addressed immediately.
Mr Banda said the matters include corruption, incompetence and undue delivery of justice and that the resolutions match with President Sata’s action to set up the tribunal.
LAZ expected the president to set up similar tribunals when the association or any other citizen of the country brought to his attention a credible allegation of misconduct on a part of a Judge.
He said LAZ had trust that the President, in setting up any tribunal would look at the complaint and not the complainant or the judges involved.
Mr Banda noted that the power to set up a tribunal should not at any time be used to hound or intimidate any judges who were perceived to be “anti-established.”
He said LAZ was, however, pleased that Mr Sata has committed himself to only use the power when clear grounds existed in accordance with the Constitution.
“As the President stated in his briefing to the Press, the fight against corruption must be all embracing and must be anchored on the basis of equality before the law,” he said.
TIZ executive director, Godwell Lungu said in a statement yesterday that the position taken by Mr Sata was not unique because even in Kenya four senior judges were found unfit to hold office.
“The position taken by the President is not unique as only a week ago on Wednesday, April 23, 2012, four senior Kenyan judges were found to be unfit to hold office, as declared by a board charged with vetting judicial officers.
“Among those sent home were the president of the Court of Appeal Riaga Omollo and Appellate judges Samuel Bosire, Emmanuel O’Kubasu and Joseph Nyamu,” Mr Lungu said.
He said the President was on firm ground and within the Constitution when he made the decision.
[Times of Zambia]
But we have a criminal as DPP,what about his cases?How come president Ukwa finds fit to persecute the judges and a known liar?
All I can say is that curruption cannot be fought without cleaning up our corrupt judicial establishment. Well done LAZ and good move by the president
I will resign as Zambian very and very soon, come 12/12/12.
Yes Judge musonda cleared Dora Siliya. We were just waiting for him to make one more mistake
Even the LAZ man has no stamina the issue is that the post has not paid back the money they owe the people of Zambia.Mr.Sata be careful you might be setting a bad presedence.Should the Post not pay the money then i will necer pay my loans and no one will sue me as i will use this case as a lesson.
Disappointed with LAZ, SEEM CAN’T INTERPRET OUR CONSTITUTION, the country has INDEED GONE TO THE D….!!
LAZ seems to know the Kenyan constitution more than Zed’s. Seems ZIALE has done it’s job well!!!
THIS PRESIDENT SWORE TO UPHOLD the Constitution, HE WILL FALL OVER HIS SWORD!!!
Lets all get loans and refuse to pay back.
No 3 resign and there is one warming up to take up your Job.What is wrong with us Zambians the. President has acted on the complaints from high profile instructions and acted within the Law to clean up the dirty system left by President Banda corruption does not pay Zambia is slowly gaining international recognition I the fight against corruption welldone Mr President
He said he will resign as Zambian not from any post. Get him right.
How about single sourcing for rehab of statehouse? How does one fight corruption in that way?
When is the Chief Justice going to be retired?
Hey, dont be dissapointed by the LAZ president. As a person from boz, i see too many wrongs. Mathani forged our former depute governor’s signature to escape justice. That own its own is a crime. Our DPP has let him go for free.
About LAZ president? My father used to say if you want a loyal maid, guard, or hitman hire an easterner (like william banda). They can always lick the master’s feet without asking!
Don’t know whether this move is politically motivated or NOT. But I will go by James “wasa” Banda’s assurance- being a friend way back at Unza I know he is a man of principle and that I can always rely on his judgement or word
The Problem with most you is that you wanted to hear LAZ say the President erred, sorry he followed the constitution.
All of you who pray to SATA your GOD, don’t forget that JAMES BANDA is an interested party in the Development Bank of Zambia case – and he has been serving the side defending the culprits Fred Mmembe and Nchito brothers. Don’t defend things that are wrong. The President is wrong, what he has done is what is simply called abuse of authority -w which means taking advantage of your power to influence decisions. In football this would be a penalty awarded to the 3 Judges because of the bad tackle from Sata. Sata and his cronies should remember that they are not in power forever and infact they will be lucky to go beyond 2016. Sata must remember that defending corruption while in power is what got Chiluba into trouble and eventually caused a disease that killed him. Sata be careful!!
well all u guys sayin the president is wrong what makes u think that Fred and Mutembo will get away with that..? u will be shocked when u get to know the truth wait for the tribunal and its findings then u can come and criticise…Viva sata
I think lawyers themselves are corrupt because judges cannot be corrupt if not corrupted by the very LAZ members. Besides lawyers are the ones appointed judges and LAZ is the one that scrutinises them and gives a go ahead. I think the first body that needs to be cleaned up is LAZ itself and not start from the head.
Its just a matter of time tables will soon turn
Zambia shall never develop and it is like eduaction has not changed Africans. There is no association or body that is condemning govt in Zambia and all of them are yes bwanas. TIZ, LAZ, ZCTU, FTTUZ and many others coil upon hearing the name Sata. Hikaumba yesterday was shelling and coiling like truncated snake. He was shivering and wore a smile of insecurity near His Excellence The Great one.
Sata really is a fearsome man and all shiver in his presence apart from one Membe. But knowng the presido, soon, this marriage of convenience will end, One thing I like with him. Tetiumubeleshe mukamba.
the entire judiciary needs major shake up,lawyers inclusive bt lets gve the tribunal a chance then move frm their!
pipo dnt show your ignorance here.Your hatred towards SATA wont take u anywhere coz u are the minority.Sata consulted b4 he made that step.If u cnt believe SATA is a president,then i think suicide is the only solution.Coz it will hurt u more when PF wins all these upcoming BY Elections.Hard luck.
The problem with us zambians is that we argue just for the sake of it . Its a well known fact that some members of the judiciary are corrupt . We have had in the past the whole chief justice resign for recieving money from late F.T.J. thru the zamtrop a/c. and when the president acts in response to public outcry we complain and when he does not ,we again complain so which is which. A president any where in the world is sworn to uphold the constitution. If the constitution gives him too much power, well thats another matter for future consideration.
Those that are opposing the President’s move to suspend the three judges are obviously worried about the independence of the judiciary. However, the judiciary is part of government and it is evident that there is corruption in that arm and my question is how do those that are opposed to Sata’s move suggest we proceed. To my knowledge, this is the first time judges have been suspended in more than twenty years and yet there is corruption in the judiciary.
Are we imitating kenya nowadays?Interesting that LAZ knows the whole names of kenyan judges.
Someone needs to advise the President ,you don’t fire high profile and important
Person like a judge in one day, do your home work first , the world is so modern now
This is not UNIP time, LAZ give us facts not just general thing like corruption, if u go
To court and just say corruption ,they will ask for lots of details ,we the Zambian people
Need more details also
The word ‘approve’ is too strong in the heading. ‘Supports’ would have been more accurate. LAZ is a professional body and not part of govt and therefore can not approve a decision. LAZ president is a PF cadre!
JUST LOOKING AT HIS PICTURE YOU ACTUALLY CAN TELL THAT THIS LAZ PRESIDENT IS TIMID AND AN ***** WHO IS IMMATURE AND MAY DROWN LAZ. WONDER HOW LAWYERS CANNOT PICK SOME SEASONED LAWYER TO HEAD LAZ. THIS GUY IS A WASTE OF TIME AND NOVICE.ANYWAY LAWYERS ARE ACTUALLY SECOND CLASS IN INTELLIGENCY AT COMPASS SO CAN NOT BE SURPRISED.