THE Law Association of Zambia (LAZ) says it cannot reprimand a South Africa-based law professor Michelo Hansungule for his attacks on the judiciary because he is not their member.
LAZ president Stephen Lungu said in an interview in Lusaka yesterday that the association has written and reprimanded a number of lawyers who have launched attacks on the Judiciary with one of them being Rodger Chongwe.
Mr Lungu was reacting to former Patriotic Front secretary general Edward Mumbi who yesterday challenged LAZ to tell the nation whether Professor Hansungule is their member or not for him to make disparaging remarks against the Zambian Judiciary.
“He (Professor Hansungule) is not our member, not to my knowledge. Any lawyer who has attacked the Judiciary has been written to and reprimanded. But we cannot do so with Professor Hansungule because he is not our member,” he said.
Mr Lungu said LAZ has rules that govern lawyers and punishes erring ones including those in Government.
He said LAZ does not want any lawyer to attack the Judiciary because this demeans the law profession.
And Mr Mumbi said it is surprising that Professor Hansugule who claims to be a qualified lawyer, does not know how the Zambian Judiciary operates.
He wondered how a law professor can call for a travel ban on President Banda over Government’s refusal to appeal against Judge Evans Hamaundu’s decision to register the London High Court judgement which found former President Frederick Chiluba and seven others liable for the loss of US$46 million Zambian public funds.
Mr Mumbi also accused Prof Hansungule of launching attacks on the Judiciary and the Zambian political establishment.
He was reacting to an article which appeared in the Sunday Post of August 29, 2010 in which it quoted Prof Hansungule as having urged Britain and other countries to impose a travel ban on President Banda over alleged corruption.
“It is said that he harbours presidential ambitions of which he is entitled as a Zambian, but lacks a constituency. Professor per se is not a constituency,” he said.
Mr Mumbi wondered how a law professor should criticise what goes on in the court when the Judiciary operates independently.
He said it is shocking for a professor of Human Rights in Pretoria to fail to understand the doctrine of separation of powers in Zambia’s constitutional system.
Mr Mumbi said he understands constitutional provisions that nobody including the President can interfere in judicial determinations and administration.
He wondered how someone can bring the name of the President in decisions made by the courts.
“If the President had control of the courts, could the government be losing cases and major opposition leaders like Mr Michael Sata be winning cases?” he asked.
Mr Mumbi said Prof Hansungule’s call for a travel ban on President Banda, who was democratically elected in a free and fair election, is a serious misunderstanding constitutional democracy, international diplomacy and how courts operate.
[Zambia Daily mail]