Thursday, March 20, 2008

Mambilima's ratified as deputy chief justice

Mambilima's ratified as deputy chief justice
By Lambwe Kachali
Thursday March 20, 2008 [03:01]

PARLIAMENT yesterday ratified the appointment of Electoral Commission of Zambia (ECZ) chairperson justice Irene Mambilima as deputy Chief Justice. But some opposition members of parliament questioned the appointment of Justice Irene Mambilima saying the timing was bad.

Contributing to the debate of the report of the parliamentary select committee which was appointed to scrutinise the presidential appointment of Mambilima and Albert Woods to serve as deputy chief justice and puisne judge respectively, Roan member of Chishimba Kambwili said the opposition had been vindicated when they said that she (Mambilima) favoured the MMD government in 2006 general elections.

Kambwili said although Mambilima was well qualified and competent to serve that position, her appointment was wrongly timed.

He also expressed concern at the involvement of lawyers during the scrutiny process.

He said the position to which Mambilima had been appointed required independent people to carry out the scrutinisation process and not lawyers who are also part of the judiciary.

“Mr. Speaker, we are just coming from elections where MMD won but people questioned the outcome of those elections.

Sir, barely two years a person who chaired the electoral process is elevated to a higher position. What will the opposition and the country as a whole think?

As for the opposition we feel Justice Mambilima has been paid for rigging the elections in favour of the ruling party,” Kambwili said. “Sir, the opposition is now vindicated for saying that the elections were rigged.”

At this point, local government minister Sylvia Masebo stood on a point of order asking the Speaker of the National Assembly Amusaa Mwanamwambwa if Kambwili was in order to suggest that justice Mambilima had been paid for allegedly rigging the elections.

But Speaker Mwanamwambwa ruled that the executive would be given an opportunity to defend the allegations.

Kambwili further said it was unacceptable for both Chief Justice and the deputy to come from the same province.

He said it would be difficult to root out tribalism in Zambia if such senior appointments were not taken care of.

And committee chairperson Chifumu Banda urged all parliamentarians to support and adopt the report.
Banda said the committee viewed the judiciary as a key institution in promoting good governance.

He said in scrutinising both appointments, the committee took into account the need for the candidates to have the highest levels of competence, eminence, soundness of character, integrity, efficiency, diligence and commitment to the people of Zambia.

“Sir, the nominees also have personal attributes which have given confidence to your committee that they will be able to perform their duties in these important positions with diligence and commitment,” said Banda.

Sinazongwe member of parliament Raphael Muyanda said there was need for justice Mambilima to ensure that the confidence that Zambians had lost in the judicial system was returned.

He said the country had developed a trend of not disposing of cases on time, a situation he described as retrogressive.

Meanwhile, justice minister George Kunda said government supported the ratification of both appointees.

Kunda said justice Mambilima and Wood had risen through many ranks in times when conditions of service were not favourable in the judiciary.

Parliament thereafter ratified their appointments.

The position of deputy chief justice was vacant following the death of David Lewanika

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