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Attorney General, Solicitor General should enjoy independence in their duties – LAZ

Attorney General, Solicitor General should enjoy independence in their duties – LAZ
Written by George Chellah
Tuesday, May 12, 2009 4:06:19 PM

LAW Association of Zambia (LAZ) president Stephen Lungu yesterday stated that the Attorney General and Solicitor General should enjoy independence in the execution of their duties.

And Lungu has stated that LAZ would hold fast and protect all its members, including the Attorney General and Solicitor General in the execution of their professional duties.

Giving the association's position on President Rupiah Banda's reaction to the judge Dennis Chirwa-led tribunal findings on former communications and transport minister Dora Siliya, Lungu stated that there had been intense and massive debate on the matter.

In a statement released to the media under heading ‘PRESIDENT BANDA REACTS TO THE TRIBUNAL FINDINGS’ dated April 21, 2009 it was stated as follows; “...His Excellency the President Mr Rupiah Banda on Tuesday released his initial reactions to the findings of the tribunal constituted to investigate the various allegations against Honourable Ms Dora Siliya MP, Minister of Communications and Transport," Lungu stated. "The President made the following observations and decisions; '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 re-organise the Attorney General's chambers in a bid to prevent the reoccurrence of the same confusion in future.' Following the issuance of this statement, there has been intense and massive debate on the issue and the Law Association of Zambia at the last Annual General Meeting (AGM) held on 25th of April mandated its council to state its position on the matter."

Lungu further stated that it appeared that the bone of contention in most if not all debates seemed to be the President's decision to re-organise the Attorney General's office to prevent the reoccurrence of the same confusion in future.

"The Law Association of Zambia recognizing its mandate to uphold the Constitution and other laws subsidiary thereto, and its role to seek the advancement of the rule of law and rights and liberties of individuals and being mindful of its further mandate to further the development of the law as an instrument of social justice, to co-operate with representative bodies of other professions and institutions, holds the following view; that it would not be prudent to comment on the issue without analyzing the meaning of the above phrase and in the context it was used," Lungu stated. "The association came up with two observations in interpreting the term 're-organisation', removal of office holders or a restructuring of the internal systems. While acknowledging the powers vested in the Republican President in the Constitution to appoint and remove persons to the offices of the Attorney General and Solicitor General, the association is of the view that these are constitutional offices with constitutional duties whose holders should enjoy independence in the execution of their duties.

"The association further endorses the principles on the role of lawyers as adopted by the Eighth United Nations congress in Havana Cuba in 1990 that, governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and that lawyers shall not suffer or be threatened with, prevention or administrative economic or other sanction for any action taken in accordance with recognized professional duties, standards and ethics."

Lungu stated that LAZ would therefore hold fast and protect all its members including the Attorney General and Solicitor General in the execution of their professional duties.

Recently, President Banda accused the Attorney General's chambers of having misled Siliya and warned that he would reorganise the chambers to avoid the recurrence of the confusion.

In a statement issued in Lusaka by President Banda's then chief analyst for press and public relations Dickson Jere following Siliya's resignation from her ministerial position, the head of state claimed that Siliya was misled in her signing of the Memorandum of Understand (MoU) with RP Capital Partners Limited of Cayman Islands.

"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 Jere.

Labels: ATTORNEY GENERAL, LAZ, SOLLICITOR GENERAL, STEPHEN LUNGU

posted by MrK @ 3:08 PM