Chief Justice Sakala bemoans ZIALE pass rate

Chief Justice Sakala bemoans ZIALE pass rate
By Inonge Noyoo
Saturday July 19, 2008 [04:01]

THERE is need for a comprehensive and forensic study to ascertain the causes of the low passing rate at Zambia Institute for Advanced Legal Education (ZIALE), Chief Justice Ernest Sakala has suggested. And Chief Justice Sakala said the fight against corruption in the country should start with lawyers. Meanwhile, ZIALE director, Dr Ngosa Simbyakula, equally admitted that the passing rate for the graduating students was very low.

Addressing newly-admitted lawyers to the bar yesterday, Chief Justice Sakala said the fact that only 29 law students passed out of the 130 that sat for examinations was an indication that there was something wrong somewhere.

"But regrettably, we have come to accept this situation hence no change. In my view, there is need for a comprehensive and forensic study to ascertain the cause or causes of these low passing rates at ZIALE," he said. "It is not cheap to train a student at ZIALE. Why then should we have these low passing rates?"

Chief Justice Sakala observed that some of the 'casualties' of this year's examinations included some magistrates adding that it was strange considering that the courses taught at ZIALE were part of their routine work.

"As the judiciary, we had hoped that relief was on the horizon as we expected a good harvest of resident magistrates to relieve our critical manpower shortage at the level of magistrate. That hope unfortunately has been dashed for now," he said.

Chief Justice Sakala advised the student magistrates who had not passed the examinations not to lose heart but work extra hard so that they could make it next time.

Chief Justice Sakala reminded the newly-admitted lawyers that the legal profession was anchored on honesty and integrity.

He said the legal profession was a noble profession that was regulated by laws of the land.
Chief Justice Sakala said the aim of lawyers should be to ensure that justice prevailed for all in society.

He advised that it should be borne in the graduates that their career should be built on a firm foundation of honesty and integrity.

"Once you choose to ignore these values, you will seize being the person I have admitted today. You will have lost all the integrity, consequently you will never escape the negative connotations that come with it," he said.

Chief Justice Sakala said there should be no doubt created in the eyes and minds of the public when they reach out to the lawyers for advice.

"The different oaths you all have taken this morning form the basis upon which you need to remain honest and maintain the highest level of integrity throughout your profession. I want to believe that you have sworn or affirmed to the oaths voluntarily," Chief Justice Sakala said.

He also advised the newly-admitted advocates not to depart from the standard of conduct in the profession.

Chief Justice Sakala advised the graduates that the temptations and challenges that they may face in their duties would determine what sort of lawyers they would be.

"You should also remember that all material aspects of life that may come with the reasons for losing your integrity can disappear overnight but the character of a person is the foundation that stays secure if you choose to live an honest life," he said.

And Chief Justice Sakala said the lawyers would also be expected to play their role in the fight against corruption especially in the legal system and the courts in particular.
He urged them to become part of the crusade in the fight against corruption.

"Do not only be interested in defending those involved in corruption but be interested also in the prevention of corruption," he said.

He said he was greatly disappointed by the conduct of some lawyers who seem to contribute to corruption in the judiciary by enticing some judiciary workers to do all sorts of corrupt practices.

"Instead of playing their lawful roles of ridding the vice, some lawyers have been in the forefront paying our junior judicial officers in some cases to back-roll date stamps and manipulate court records. This is unethical and criminal, it is not honesty and integrity," he said.

Chief Justice Sakala said advocates should at all times strive to be transparent, accountable and responsible.

"You should not thrive on rumours but seek the truth at all times and check your facts," he said.

Chief Justice Sakala said the success of the court system and the legal profession depended on public confidence and trust adding that the confidence could be eroded if lawyers did not conduct their business with honesty and integrity.

And in his speech, Dr Simbyakula observed that the pass rate for the intake that graduated yesterday was far lower than that of the last examinations held in November last year.

He attributed the disparity in the pass rate to the fact that the last intake sat for mid-year and final examinations, which were both nullified before attempting the final.

Dr Simbyakula added that the November examination were marked out of 100 per cent instead of the usual practice of 25 per cent and 75 per cent pass percentages for the mid-year and final, respectively.

He advised the graduates to keep abreast with the changes in law and its practice through the reading of law books and recently decided cases.

Dr Simbyakula also advised the newly-admitted lawyers to be aware of HIV/AIDS at all times.