Lawyers unfit to practice worry Chief Justice Sakala

Lawyers unfit to practice worry Chief Justice Sakala
By Maluba Jere
Friday March 21, 2008 [03:00]

CHIEF Justice Ernest Sakala has expressed concern at the growing number of young lawyers that are not proper and fit to practice law in Zambia. And Chief Justice Sakala has told legal practitioners to expect to be criticised and attacked harshly for the decisions they make. Meanwhile, Chief Justice Sakala has regretted the growing gap existing between the bench and the legal profession.

Officially opening a one-day Access to Justice Bar-Bench conference held at Protea Hotel in Chisamba yesterday, Chief Justice Sakala wondered whether the young lawyers were being properly scrutinised before being recommended for admission to the Bar.
“At times I get baffled when I read some of the recommendations for admission to the Bar,” he said. “Perhaps time has come that we should follow up advocates who make improper recommendations; when they should know that a particular character is not a fit and suitable person for admission.”

He acknowledged having received complaints from some senior members of the legal profession that some adjudicators had or were not conducting themselves professionally in and outside court.

And Chief Justice Sakala said as long as legal practitioners continued serving in the arena for resolving contentious battles over emotionally charged issues of politics, business transactions, tribalism and crime; they should expect to be criticised.

“As Lord Denning once said, “we do not fear criticism, nor do we resent it. It is the right of every man to make fair comment, even outspoken comment on matters of public interest,” he said. “It is also true that fair criticism of judges may identify defects in the judicial system and protect the cause of justice. But the criticism or comments must be fair and not made in bad taste.”

He said the conference was an opportunity to find lasting solutions to problems besetting the justice system and urged the legal practitioners not to allow anything erode people’s confidence in the Judiciary and legal system.

Justice Sakala also said the success of the legal profession in its noble role of maintaining the rule of law was equally dependent on a strong and independent Bench.
Meanwhile, Chief Justice Sakala said the growing gap between the Bench and legal profession had affected the general practice and standards being exhibited in the justice delivery system.

“I strongly feel that non-interaction and consultation among ourselves has greatly contributed to the lowered standards being experienced,” he said. “Indifference and failure to communicate with opposing counsel in a matter has derailed many hearings resulting in increased costs and time wasting. In my view, some disputes can be resolved by simply lawyers talking to each other without rushing to court.”
He further said he had noted a growing tendency by some lawyers who storm out of the courtroom seemingly in annoyance after receiving a verdict not in their favour.

“If the commitment of the profession is to the cause of justice, then such behavior is not only unprofessional but undesirable,” he said. “Professional good manners demand that every lawyer must, at the end of any hearing, regardless of the outcome of a case, show courtesy to the court. What has happened to the much venerated phrase ‘much obliged’ if I may ask?”

Justice Sakala said complaints from the public about the slow pace of disposing of cases was genuine but explained that the Judiciary was currently working at improving staffing levels and training the existing staff.

“On the other hand, as a bench, I stand here to admit that indeed our own house has not always been in order. Some of our adjudicators do not put their best,” he said. “I have repeatedly said that as head of the Judiciary, it pains me when I read or hear comments coming from the public complaining about the slow pace at which cases are moving and complaints on delayed judgments. I have also come to accept that these comments and complaints are genuine and as a judiciary we cannot ignore them.”

Meanwhile, Law Association of Zambia president Elijah Banda said the manner in which advocates of the court conducted themselves before court had a bearing on the quality of justice dispensed by the courts.

Banda said he stood charged and guilty for the unnecessary adjournments to court cases.
“We’ve been discussing this issue for a number of years and we are concerned that there are no improvements,” said Chief Justice Sakala. “Sometimes we advocates get shocked that a long awaited judgment is just a page or two.”