Lawyers petition Chief Justice to protect tribunal witnesses
Lawyers petition Chief Justice to protect tribunal witnessesWritten by Chibaula Silwamba
Thursday, April 30, 2009 3:00:50 PM
THE lawyers that represented petitioners in the judge Dennis Chirwa-chaired tribunal have petitioned Chief Justice Ernest Sakala to protect witnesses who appeared before the tribunal from dismissals or harassment.
In a letter dated April 27, 2009 written and signed by WM Kabimba and Company, Ellis and Company, Permanent Chambers and Musa Mwenye Advocates to justice Sakala, the lawyers described President Rupiah Banda's firing of a witness and his plans to reorganise the Attorney General’s chambers as tantamount to contempt of the tribunal proceedings.
The lawyers stated that it was a fundamental principle of law that a witness was under the protection of the court or in this case the tribunal and remained so protected long after rendering testimony.
In a letter dated April 27, 2009 written and signed by WM Kabimba and Company, Ellis and Company, Permanent Chambers and Musa Mwenye Advocates to justice Sakala, the lawyers described President Rupiah Banda's firing of a witness and his plans to reorganise the Attorney General's chambers as tantamount to contempt of the tribunal proceedings.
The lawyers stated that it was a fundamental principle of law that a witness was under the protection of the court or in this case the tribunal and remained so protected long after rendering testimony.
"Re: Security of witnesses under the Dora Siliya tribunal. We refer to the above quoted matter and the constitution of the tribunal by your office on 25th February, 2009 following the complaint to your office by Mr William Harrington and a consortium of 10 civil societies under the Parliamentary and Ministerial Code of Conduct," read the letter which is copied to President Banda's special assistant for legal, Transparency International Zambia and nine other civil society organisations and Harrington. "At the conclusion of its sittings, the tribunal presented its report of findings to His Excellency the President who publicly informed the nation that he would study the tribunal report and inform the nation about his decision(s) over the matter."
The lawyers, who represented the petitioners during the tribunal proceedings, stated that what they subsequently saw was the resignation of the respondent, Dora Siliya, as minister of communications and transport.
"However, on Sunday 26th April, 2009 the Post newspaper carried a lead article headlined: 'Tender Board Chief Loses Job over Dora'. A copy of the said article is herewith enclosed for your easy reference. The body of the article alleges that, 'Meanwhile, sources revealed that the new board of the National Airports Corporations Limited (NACL) is expected to fire NACL managing director Robinson Misitala for his testimony to the tribunal.' The article further alleges that others expected to be fired for their testimony to the tribunal are former communications and transport permanent secretary Dr Eustern Mambwe," the lawyers stated.
They stated that all the named people were witnesses before the tribunal.
"The Post newspaper article referred to above follows an official press statement through the President's special assistant for press at State House Dickson Jere that the President intends to reorganise the Attorney General's chambers for what he called misleading the minister of communications and transport in the matter which was the subject of the tribunal proceedings," the lawyers stated. "As lawyers for the petitioners, we would like to express our consternation and dismay about these developments which do not only erode the independence of the Judiciary which the President said he was proud of upon receipt of the tribunal report but are also tantamount to contempt of the tribunal proceedings. It is a fundamental principle of law that a witness is under protection of the court or in this case the tribunal and remains so protected long after rending testimony."
The lawyers asked justice Sakala to step in and protect the witnesses.
"A lack of this protection renders the tribunal's proceedings and any other proceedings in future under the Parliamentary and Ministerial Code of Conduct Act a mockery in the eyes of the public and other stakeholders who want to see a corrupt free public service," stated the lawyers. "We hope that your office will take steps to address this unfortunate development so that the confidence of the Judiciary is not eroded in the view of the public."
Sources last weekend told The Post that President Banda had terminated the contract of Zambia Public Procurement Authority (ZPPA) director general David Kapitolo and replaced him with Samuel Chibuye, following the former's testimony before the tribunal set up to probe Siliya.
Last week, President Banda indicated that he would reorganise the Attorney General's chambers.
"President Banda noted that the tribunal did find as a fact that Honourable Siliya MP was somewhat misled by the confusion in the Attorney General's chambers. It is, therefore, the President's decision to reorganise the Attorney General's chambers in a bid to prevent the reoccurrence of the same confusion in future," stated President Banda's spokesperson Dickson Jere in a media statement issued on Tuesday April 21.
Labels: DENNIS CHIRWA
posted by MrK @ 2:02 PM
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