THE Law Association of Zambia (LAZ) has proposed that a commission of inquiry be established immediately to get submissions from members of the public and aggrieved parties over administration of justice.

LAZ suggests that the whole exercise should be in camera.

“The submissions shall provide the basis for understanding the true extent of the concerns, which at present are being relegated to the status of mere perceptions,” the report reads in part.

This is according to LAZ resolutions arising from the April 28 annual general meeting.

The report suggests several long-term and all-embracing measures that should be taken to fully reform the legal system and the judiciary.

LAZ has suggested the initiative of the inquiry to exonerate innocent judicial officers and further isolate those attracting bad publicity.

“LAZ recognises that there has been continuing and persistent issues raised around the administration of justice in Zambia and particularly, there has been a perception that incompetence and corruption have permeated the judicial system,” the report states.

The lawyers also suggested that the Judicial Complaints Authority should be redesigned and re-aligned so that it performs an independent and effective policing role.

“Therefore, we strongly recommend that after the commission of inquiry so constituted has rendered its report, and the commission finds some judicial officers wanting, the commission should recommend to the President to deal with such judicial officers in accordance with the constitution,” the report reads.

During the opening of the LAZ meeting at that time, Attorney General Mumba Malila candidly said judges are not above the law.

Mr Malila said judges must not think that their decisions and their persons cannot be scrutinised or questioned as they expend justice.

“We are now living in an age of prevalent unabated judicial controversy, where the doings of the judiciary should be publicly scrutinised and discussed almost as frequently and as with much venom as those of politicians,” Mr Malila said.

LAZ says judicial reforms will require a constitutional amendment to permit for the scrutiny and vetting of serving judges.

The report recommends that serving judges should be subjected to a process of vetting for the purpose of ascertaining suitability to continue holding office.

“LAZ is therefore recommending that the (republican) Constitution be amended during the on-going constitution review process to permit for the establishment of a vetting tribunal to undertake the task of testing the suitability of sitting judges to hold high judicial office,” the report reads.

LAZ also contends the problem facing the legal system in Zambia transcends the judiciary and encompasses the legal system as a whole, ranging from lawyers, police and security agencies, the prison service, prosecutions authority and the legal aid board.

Meanwhile LAZ has implored newly-appointed Acting Chief Justice Lombe Chibesakunda and her deputy, Florence Mumba, to work closely with the association and other stakeholders to ensure successful reforms in the Judiciary and the legal profession.

LAZ president James Banda said LAZ welcomes the two appointments as they are long overdue.

Mr Banda said the association has every confidence justices Chibesakunda and Mumba will, in the period that they are acting, assist to push the process of judicial reforms forward.

He said in a statement yesterday that it is LAZ’s sincere hope that Justice Chibesakunda and Justice Mumba will get the Judiciary to work with the association and other stakeholders in the reform process.

“As we welcome the appointments of justices Chibesakunda and Mumba and notwithstanding that the appointments are only in an acting capacity, it is our sincere hope that the two honourable justices will get the Judiciary to work with the Law Association of Zambia and other stakeholders to achieve meaningful reforms in the Judiciary as well as the legal profession,” he said.

Mr Banda said LAZ will remain focused on the structured process of judicial reforms which the association has already embarked on.

He said the association believes the Judiciary itself should take the lead in the process of correcting matters.

“The Judiciary should not allow a situation where reforms are forced on it due to inertia or lack of initiative on the part of the Judiciary.

Introspection is very cardinal in this respect,” he said.

Mr Banda commended former Chief Justice Ernest Sakala and former acting Deputy Chief Justice Dennis Chirwa for their long service to the nation.

“We wish them well and trust they will enjoy their leave and eventual retirement,” he said.

On Thursday, President Sata announced that Justice Sakala had gone on leave pending the expiry of his contract later this year.

In his place, President Sata has appointed Supreme Court Judge Chibesakunda to act as Chief Justice.Acting Deputy Chief Justice Dennis Chirwa had also proceeded on leave pending retirement.

President Sata has also appointed Supreme Court Judge Florence Mumba to act as Deputy Chief Justice.

[Daily Mail]

The Registrar of Societies has threatened to deregister all registered political parties and other organisations that have not complied with their statutory obligation of paying statutory fees to government.

Chief Registrar of Societies Clement Andeleki says it is by law, the obligation of all registered political parties and organizations operating in the country to pay their statutory fees in accordance with the Registrar of Societies Act.

ZANIS reports that Mr. Andeleki said in an interview in Lusaka today that all societies still owing money will after June 30 be published in the daily newspapers.

He noted with concern that there were too many registered organisations that had emerged and continued operating in the country despite them not being up to date with their obligation of paying statutory fees.

He said religious groups, churches, political parties, mosques, community organisations and other similar societies will face cancellation if they do not comply with the Registrar of Societies Act.

He stated that social groups wanting to operate should at all cost ensure that they adhere to what is required of them.

Mr. Andeleki has lamented that government is losing colossal sums of money due to most organizations’ non remission of statutory fees.

All political parties are expected to submit their returns to the office of the Registrar of Societies on an annual basis after they have undergone registration.

ZANIS

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The Electoral Commission of Zambia (ECZ) has awarded the tender to print ballot papers for the forthcoming three parliamentary and 19 Local Government by-elections to Smith and Ouzman of the United Kingdom (UK).

This was contained in a statement by ECZ public relations manager Chris Akufuna in Lusaka yesterday.

Mr Akufuna said the Commission had received two bids, one from Smith and Ouzman and the other from Ren-Form cc of Johannesburg in South Africa.

Previously, ECZ had been using Universal Print Group (UPG) of Durban, South Africa to print electoral materials such as ballot papers.
ECZ set July 5, 2012 as the date for the parliamentary By-Elections in Livingstone, Chama North and Muchinga Constituencies as well the 19 Local Government by-elections around the country.[pullquote]Let me also state here that the PF government is committed to ensuring that ballot papers for future elections are printed locally. My government will do everything possible to realise this[/pullquote]

Last year in his address to parliament President Sata promised the nation that all election ballot papers will be in future printed from within Zambia.

‘
There have been calls from various members of society to have printing done locally.

Earlier this year Anti Voter Apathy Project (AVAP) Executive Director Richwell Mulwani said Government Printers has the potential to print ballot papers if it is funded adequately.Mr Mulwani told Zambia News and Information Services (ZANIS) in an interview in Lusaka February this year, that the company has previously printed important documents which demonstrates its capacity of printing ballot papers as well.

He said Zambia has set a good example in the region through conducting peaceful and free elections hence the need for the country to consider printing ballot papers locally.Mr Mulwani noted that the printing of ballot papers locally would increase credibility of holding elections and reduce suspicions among political players.

He said the development could also promote transparency in the printing process and give political players an opportunity to monitor the process.

Former Works and Supply Minister Mike Mulongoti said Zambia has the capacity to have election materials printed locally.Mr. Mulongoti has further appealed to government to invest in the government printers in order to avoid overspending on the exercise that can be carried out within the country.
He said there is need to empower local printing companies by giving them business of handling the printing of ballots for elections.

Alliance for Democracy and Development (ADD) president Charles Milupi has urged the police to handle United Party for National Development (UPND) president Hakainde Hichilema’s case professionally.
Mr Milupi, who was part of the UPND leader’s delegation at the police station during the questioning session, said this is so because seemingly, the case is being engineered from high-ranking officials within Government.

“Let me be very clear that the defence of democracy and constitution is the responsibility of all of us. We are here, we have left what we were doing to come and stand by the president of UPND because we believe what is at stake is just not him but the whole democratic process in this country.

“Listening to the charges that have been read out, in my mind, it’s very clear there is a lot of political pressure. We have seen statements in the press today (yesterday) where threats of being taught a lesson have been made. This is very sad because what can happen to one can happen to all of us,” Mr Milupi said.

But Police spokesperson Elizabeth Kanjela dispelled reports that the police were acting on instructions from the State to arrest Mr Hichilema. She said Police operate professionally as they investigate a case before they can summon and arrest an individual.

And after the interview which took over two hours, Mr Hichilema said that it went on smoothly despite taking long. He said he will wait for the next course of action from the police. Mr Hichilema thanked all who turned up at the police to give solidarity.

“The interview was alright and our position is we should keep our legal rights, our rights, our constitutional rights to do things but I will not say more,” Mr Hichilema said.

[pullquote]But Police spokesperson Elizabeth Kanjela dispelled reports that the police were acting on instructions from the State to arrest Mr Hichilema. She said Police operate professionally as they investigate a case before they can summon and arrest an individual.[/pullquote]

And MMD treasurer Mwansa Mbulakulima, who was also present to give Mr Hichilema solidarity, said all Government institutions should operate independently. He said it is his sincere hope and prayer that the police will continue to operate independently.

And slogan-chanting cadres caused traffic congestion on Independence Avenue from the Supreme and High Courts roundabout when Mr Hichilema arrived for interrogation. It was the same when Mr Hichilema and his entourage of UPND members of Parliament and leaders of other political parties left the Service Headquarters after interrogation.

The chanting UPND cadres circled Mr Hchilema’s vehicle resulting in the convoy moving slowly to their party’s secretariat about 2kms away in Rhodes Park.

[Zambia Daily Mail]