Wednesday, September 03, 2008

Levy's legacy will live on - Sakala

Levy's legacy will live on - Sakala
By Brighton Phiri
Wednesday September 03, 2008 [04:00]

PRESIDENT Mwanawasa demonstrated that it’s possible to hold political office without being polluted and his legacy will live on for generations to come, Chief Justice Ernest Sakala said yesterday.

During the valedictory session for the late President Levy Mwanawasa at the Supreme Court, justice Sakala said the late President tried to change the adage that politics was a dirty game, as most people would like to believe.

"But in truth, politics brings together saints and sinners, the known and the unexpected. We feel proud that in his conduct of public affairs, he did not depart from his commitment to the cause of justice," justice Sakala told the legal practitioners who filled the Supreme Court room to capacity. "The late Dr Levy Patrick Mwanawasa, State

Counsel, truly had the best interest of the country at heart. As head of state, he had the tenacity to work for the good and he led the country with great poise and confidence and conducted himself with dignity, honour and rare courage."

Justice Sakala said since the demise of President Mwanawasa, dignitaries within and outside the country, from the legal profession and political circles had been attesting to the fact that the late President contributed immensely to the development of not only the legal system, but to the country as a whole in his capacity as a distinguished, illustrious legal practitioner, gallant and loved leader of the country.

"Over the past few days, we all have felt strong sad emotions. The reason is simple. I believe that we have all felt this because of the kind of sacrifice the late President endured for this country and the region. The late President was a gifted person who worked tirelessly to change the destiny of this country by believing in the rule of law," he said.

Justice Sakala said President Mwanawasa, in his practice at the Bar, distinguished himself as an articulate lawyer who came to the court always well prepared.
He said President Mwanawasa was a paradigm of excellence in terms of ethics and conduct at the Bar.

"He was always committed to the cause of justice and was a stickler for professional etiquette. He was truly an officer of the court," justice Sakala said. "While he was loyal to his clients, he never sacrificed the cause of justice. He was quick to read the mind of the court. To him, the ends of justice weighed more than anything else. As a lawyer, the late President provided excellent representation to all his clients. In court, he spoke with one voice and fought for justice at all times. The late President was indeed truly an officer of the court during his heyday of practice at the Bar, which resulted in justice for all by ensuring that proper attention was given to all his clients thereby earning acclaim."

He said President Mwanawasa earned himself the admiration of fellow practitioners because of his successes in litigation, which was devoid of distrust, hatred and in accordance with the law.

"Indeed, the late President was one of the few practitioners that inspired the young people to join the legal profession due to his brilliance and willingness to offer service to the people. He was an outstanding lawyer," he said.
Justice Sakala said President Mwanawasa's commitment to justice and the rule of law permeated all his actions throughout his tenure as President.
"As lawyers, we feel proud to have been associated with this great man who stood true to the ideals of the legal profession," he said.

Justice Sakala said President Mwanawasa had left a legacy that as a lawyer, whatever office one holds, the tenets of the legal profession, the ideals of justice and the rule of law should never be sacrificed.

He challenged the legal practitioners to emulate late President Mwanawasa, whom he described as a gallant lawyer who earned himself a nickname of "Mr. Injunction" during the period leading to the country's multiparty politics.
"His legacy shall live on for generations to come," said justice Sakala.

Attorney General Mumba Malila said the late President Mwanawasa belonged to a generation of lawyers who believed in practicing by the book, by the rules.
"...lawyers who believed in ensuring that the interests of the clients were paramount and were best served at all times. This explains why he personally continued to appear in courts of inferior jurisdiction even very late in his professional career," Malila said. "If you thought you would compromise with Dr Mwanawasa and strike a deal which would ignore a breach by one party to litigation of the rules of court, it would not be long before you proved yourself terribly mistaken. You would be disappointed because he would insist that the rules be followed to the latter."
Malila said President Mwanawasa, in his work as a lawyer, represented the best qualities of the profession, namely competence, integrity, independence and fairness.

He said President Mwanawasa believed that independence and fearless legal profession was an essential prerequisite to the enjoyment of human rights.
"That is why he was famous for taking up cases that not too many lawyers would contemplate taking up in those days, regardless of the fee involved. He was a brave lawyer who dared and ventured into untried and untested territory. He was frank and candid," Malila said. "He preferred to tell the truth even if it hurt. This probably explains why some people, especially dishonest people, were disappointed with his leadership."

Malila said President Mwanawasa was an uncompromised giant, unafraid to tackle controversial issues and explored humanity through his unique vision for the country. He said it was hard to deny that the late President’s life was providential as he transformed a stagnant economy into an engine of opportunity.
"This is the path our country would do well to continue treading for the peace, progress and prosperity of our people," he said.

He said late President Mwanawasa went down fighting for what was right, the rule of law, justice and economic freedom for Zambians.
Earlier, Malila sent the courtroom roaring into laughter after he told them that President Mwanawasa was well known for wearing a faded gown which had a hole near the bottom hem at the back.

"One of his associates borrowed the gown and in his misguided zeal took it to the tailors for mending. When the now mended gown was returned to him, he was clearly not impressed and he chided the associate, making it abundantly clear that he possessed the requisite capacity to buy a new gown but that the state of that particular gown symbolised seniority at the Bar," said Malila before the courtroom broke into laughter.

Law Association of Zambia (LAZ) president Elijah Banda said President Mwanawasa's personal contribution to litigation and law development was nothing less than phenomenal.

"The law reports of Zambia bear testimony of this. In him, we have lost an inspirational leader, a role model. The legacy that he has crafted for the country is a further enhancement of our estimated profession and we can truly lift up our heads and be proud to be lawyers as we emulate this great man," Banda said.
Senior lawyer Julius Sakala said President Mwanawasa was a fearless fighter for the rule of law and against corruption.

"How many of us can resign from a comfortable position of vice-president of the country and speak out against corruption when it is comfortable to keep quiet?" Sakala asked.

Another senior lawyer Steven Malama said President Mwanawasa had left a legacy which demanded for lawyers to fight fearlessly for justice.
"Let his legacy live on, be emulated not only by the legal practitioners but all the leaders," Malama said.

The valedictory session was attended by among others acting-President Rupiah Banda, first lady Maureen Mwanawasa, service chiefs and Pan African Lawyers Union (PALU) president Akere Muna.

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