THE LAW Association of Zambia (LAZ) has reprimanded senior Lusaka lawyer Roger Chongwe over his recent public attacks on the Judiciary. This comes a week after former Patriotic Front (PF) secretary general Edward Mumbi challenged LAZ to rise above petty politics and stop its members like Dr Chongwe from attacking the judiciary.

Mr Mumbi said last week that LAZ should stop Dr Chongwe from attacking High Court judge Evans Hamaundu over his ruling on the registration of former president Chiluba’s London High Court judgment.

LAZ president Stephen Lungu said in Livingstone yesterday that the association had written to Dr Chongwe to reprimand him over his recent attacks on the judiciary and warned that it would not take kindly to lawyers that willingly attacked the judiciary in public.

Mr Lungu was answering questions at the on-going state advocates workshop being held at Livingstone’s Protea hotel. He said it was sad that senior legal practitioners like Dr Chongwe had continued to attack the judiciary which they were part of.

“As for the case of Dr Roger Chongwe in the case involving Sebastian Zulu, I want to say that it was unfortunate for Dr Chongwe to go public and talk against the judiciary. We, as an association have since written to him reprimanding him over the action. We have rules and regulations as a legal entity and we expect senior lawyers, of all practitioners to adhere to them.

“The association will not take kindly to lawyers insulting the judiciary. It is baffling and annoying for lawyers to speak against the judiciary in public like that. “When you insult the judiciary, you are insulting yourself,” he said.

He warned lawyers and other legal practitioners against issuing derogatory remarks or insulting the judiciary saying the association would not spare them once found out.

Mr Lungu said whichever lawyer attacked the judiciary in public would face the wrath of the association. He urged lawyers to always maintain a good relationship with the judiciary.

“A lawyer once admitted, becomes an officer of the court and has a responsibility of protecting the court and ensuring that the rule of law is maintained at all times. If you insult the judiciary, you are insulting yourself,” he said.

Earlier in his presentation, Mr Lungu said his association placed great emphasis on the education of lawyers to ensure those who aspired to become lawyers attained the requisite standards.

He said LAZ would continue to emphasise on the upholding of the rule of law and compliance to the Constitution of the country.

[Times of Zambia]

Community Development and Social Services Minister Michael Kaingu has  disclosed    that the funds that the First Lady was distributing to women clubs was not Government money but that she received donations.

He said the First Lady had received enough donations from corporate firms both within and outside the country for distribution to intended beneficiaries.

Mr Kaingu took a swipe at politicians who were criticising First Lady Thandiwe Banda for distributing funds to women clubs in Northern and Luapula provinces respectively.

ZANIS reports that Mr Kaingu said it was unfortunate that some disgruntled politicians would be attacking the First Lady when she was merely doing her job of empowering vulnerable women with funds that would help them come out of poverty.

He said poverty alleviation in the country was not a fight for Government or the First Lady alone but was for all well meaning Zambians committed to ensuring that poverty levels in the country were reduced.

The Minister told journalists in Lusaka today in an interview that it was unfortunate that some people would be criticising the First Lady when the funds she was distributing were meant to economically empower vulnerable women.

ZANIS

Foundation for Democratic Process (FODEP) has today launched the 2010-2012 Tripartite Electoral Strategy aimed at advocating for free and fair elections in the country.

Speaking during the launch in Lusaka today, FODEP Executive Director Charity Musamba said a credible electoral process was key to achieving poverty eradication and good governance in any democratic country.

ZANIS reports that Dr Musamba said there was need to have a credible electoral process that could help in attaining objectives set in national initiatives such the National Development Plans, Vision 2030, Millennium Development Goals (MDGs), Gender Equality, and Decentralisation policy among others.

She explained that FODEP believed that the country had changed greatly in the past decade and the recent general elections marked a political millstone that left Zambia with many new observations and lessons that could help in refining the current electoral process and system.

She added that the new perception on the electoral process and system needed to be equally considered in a bid to improve the way in which elections were conducted in Zambia.

Dr Musamba noted that FODEP had decided to launch the 2010-2012 Electoral Strategy as a result of to the lessons and observations learnt from the past general elections that have been held in the country.

She cited high prevalence of electoral malpractices, disputes and litigations, abuse of public resources, high incidences of electoral violence, voter apathy and wasted votes and non adherence to the electoral code of conduct as some of the key issues.

She explained that the 2011 tripartite elections would be a defining moment for Zambia and a test to the integrity and credibility of the country’s electoral process.

Dr Musamba stated that this was because since the 1996 elections there had been contention of election results which cast a doubt on the integrity and credibility of the electoral system.

She, however, expressed hope that the forthcoming elections may be different from the previous ones adding that this was because some concerns that affected the electoral process have been addressed in the new draft constitution.

She also disclosed that her organisations would engage political parties to ensure that they offered issue based campaigns and discourage vote buying to ensure free and fair elections that could enhance the country’s democracy.

Dr Musamba has also urged Zambians to register as voters, if they were to be part of the decision making in the 2011 elections.

[ ZANIS ]

United Party for National Development (UPND) leader Hakainde Hichilema says Second Republican President, Fredrick Chiluba’s smile following the Lusaka High Court ruling on the London Judgment is an indication that the fight against corruption in the country is over.

Mr Hichilema said the focus should not be on Dr Chiluba but rather on the judiciary and the MMD government which he says allows a dual justice system to exist in the country.

The UPND leader said the blame should be on the justice system which favours those who are friends with the MMD government.

Mr Hichilema called on the judiciary to examine itself and its relevance to society.

He said he could not see any value in the judiciary when Zambians have nowhere to go when they were aggrieved.

Mr Hichilema said the fight against corruption in Zambia is over and called on Zambians to understand and accept the matter at hand.

Dr Chiluba told journalists in an interview that he is genuinely smiling following the Lusaka High Court ruling on the London Judgment.
[ QFM ]

THE National Constitutional Conference (NCC) yesterday handed over the final Draft Constitution and Report to Justice Minister and Vice-President George Kunda.

Receiving the two documents, Mr Kunda commended the NCC secretariat and delegates for successfully adopting the Draft Constitution saying it compared favourably with constitutions of other countries.

He said the NCC Act of 2007 stood repealed and the membership of all members has expired although some members of the secretariat would continue in office to wind up until November 30.

The NCC had introduced the limitation of two presidential terms and that parliament could not amend it and also introduced national economic planning, recognised gifts and aid-in-kind given on behalf of Zambia.

Mr Kunda said the NCC process started in 2007 when the Government responded to the recommendation by the Mung’omba Constitution Review Commission (CRC) that the Draft Constitution should be adopted by a Constituent Assembly, a constitutional conference or any representative body.

In accordance with the NCC Act, all provisions of the final draft that were adopted should be submitted to his office for presentation to parliament for enactment.

The conference decided that provisions that would alter the bill of rights and article 79 of the current Constitution should be referred to a referendum for the people to determine.

Mr Kunda said now that the Government had received the final Draft Constitution, it would start legislative processes that preceded the submission of a bill to alter the Constitution.

The conference increased the composition of the National Assembly to 266 including the speaker, introduced the parliamentary service commission and adopted the provisions to establish a constitutional and an appeal court.

The introduction of the two courts also had significant implications for which careful planning must be done and at an appropriate time Government would take measures for the implementation of the constitutional provisions and present a bill to parliament.

Mr Kunda said that at the same time Government would prepare to submit to Parliament a Referendum Bill containing the provisions that would seek to alter the bill of rights and article 79 of the current constitution those the NCC failed to agree on.

If the people would approve the provisions through a referendum, a Bill would then be submitted to Parliament for the enactment of the approved constitutional provisions.

Mr Kunda also commended late president Levy Mwanawasa for starting the process and thanked President Banda for supporting and ensuring that the process was concluded.

He said the process had been concluded despite incessant attacks from people who wanted to derail the process as they had ignored the fact that the Mung’omba Draft Constitution recommended the NCC and wanted it to be rubber stamped when it had a mandate to vary or alter the proposals.

NCC chairperson Chifumu Banda said five articles and the Bill of Rights were referred to a Referendum, being article 64 (1) which provided for progressive realisation of economic social and cultural rights and article 79 (1) on the electoral process.

Mr Banda said others were article 143 (2) (I) which provided for legislative power of the National Assembly and article 148 (8) (A) which was about vacation of office of an MP and article 273 (3) (A) on Government borrowing.

He said the NCC decided to take all adopted articles to the National Assembly while those on which consensus was not reached would be taken to a Referendum.

[Times of Zambia]