Saturday, April 25, 2009

Lawyer advises LAZ to oppose Rupiah’s views on findings of tribunal

Lawyer advises LAZ to oppose Rupiah’s views on findings of tribunal
Written by Mwala Kalaluka
Saturday, April 25, 2009 2:48:40 PM

THE Law Association of Zambia (LAZ) has been advised to resolutely oppose President Rupiah Banda's apparent misrepresentation of the Dennis Chirwa tribunal findings that Dora Siliya was misled. And LAZ has been called upon to desist from operating a 'closed shop' against its Seventh Day Adventist (SDA) Church members, as this is unconstitutional.

In a letter addressed to LAZ honorary secretary, Lusaka lawyer Kelvin Hang'andu stated that he was concerned by President Banda's veiled threat to dismiss either the Attorney General or the Solicitor General following the findings of the tribunal that was set to probe Siliya on corruption allegations.

"The testimony of the Attorney General's chambers over Ms Dora Siliya's indiscretions were truthful and borne out by the evidence," Hang'andu stated. "LAZ must resolutely oppose President Banda's apparent misrepresentation of the facts: Ms Siliya was properly advised by the Attorney General's chambers over the recently probed matters contrary to the President's public utterances."

And Hang'andu, a member of the SDA church, complained that two known petitions submitted to the association by individual members of the SDA politely requesting a rescheduling of the annual timing of the LAZ AGM in order to accommodate them had been spurned.

"The said petitions are hereby revived; and the incoming president of LAZ and his council bears the final request to alter the annual calendar of the LAZ AGM to a neutral day not involving the Sabbath," he stated. "To date, LAZ has operated a 'Closed Shop' against SDA lawyers, and can be understood to have willfully disenfranchised them from its annual elections; from a review of its audited accounts and the enactment of vital policy changes in the professional affairs of legal practitioners. Without question, this is not only outrightly unjust but also unbrotherly and unconstitutional."

Hang'andu also stated that the freedom from religious intolerance and discrimination and the rights of association and assembly are immanent constitutional cannons in Zambia.

"LAZ is guilty of abrogating them all against SDA lawyers, of which I am a member," he stated. "LAZ must decisively break with the past at the April 25th, 2009 LAZ AGM or now risk legal action by constitutional petition or a motion for judicial review."

Hang'andu revealed that he has publicly endorsed the candidature of Stephen Lungu [current vice-president] as the next LAZ president because of his ability to re-direct the malaise posture taken by the association over half a decade regarding key professional matters. LAZ honourary secretary Musa Mwenye is also vying for the presidency. The current LAZ president Elijah Banda is not recontesting his position.

LAZ members are today expected to elect a new executive at the AGM being held in Livingstone.

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