Lungu hints on LAZ communiqué

Lungu hints on LAZ communiqué
Written by Chibaula Silwamba
Monday, May 04, 2009 12:26:52 AM

LAW Association of Zambia (LAZ) president Stephen Lungu has hinted that the soon to be released LAZ communiqué might address the debate about its senior member and Republican Vice-President, George Kunda, over his alleged misleading of the nation on the Dora Siliya saga.

Featuring on Frank Mutubila's Midmorning programme on ZNBC television on Saturday, Lungu said following the recently held LAZ Annual General Meeting (AGM) in Livingstone, the association would soon issue a communiqué that would address several issues including that of Vice-President George Kunda over his claims in February that the Attorney General's chambers authorised former minister of communications and transport Dora Siliya to sign a Memorandum of Understanding (MoU) with RP Capital Partners Limited of Cayman Islands to valuate assets of Zamtel and later find an equity partner.

However, the tribunal chaired by Supreme Court judge Dennis Chirwa which was set up to probe Siliya's alleged contravention of the parliamentary and ministerial code of conduct found that Siliya breached Article 54 sub Article 3 of the Republican Constitution.

Subsequently, Siliya resigned from her ministerial position.

Following the tribunal's findings and Siliya's resignation, several members of the public, the clergy and civil society organisations have demanded Vice-President Kunda's resignation.

When Mutubila asked him to make a comment on Vice-President Kunda's alleged betrayal of the nation when he misled Zambians over the Siliya saga, Lungu responded: "The comment I would make is this: at the last AGM that we had in Livingstone...as an association we were mandated to come up with a communiqué to that effect. We will be coming up with a statement to that effect and such issues might be taken into account. So I would not want to comment because as LAZ we are working on a communiqué."

Lungu further said if members of the public complained to LAZ about its member that misleads the public, the association would investigate and discipline such a member.

"Yes, if LAZ receives a complaint [about] a lot of things outside LAZ, LAZ will take action against its member," said Lungu, who was elected president during the recent AGM in Livingstone.

Last Wednesday, Vice-President Kunda refused to comment on calls for him to step down.

"No comment on that one," said Vice-President Kunda, a state counsel and former president of LAZ.

On whether law students at Zambia Open University and other privately owned universities would be allowed to enroll at Zambia Institute of Advanced Legal Education (ZIALE) in order for them to practice law in Zambia, Lungu said the law was being amended so that even students who obtained their law degrees from other universities within Zambia other than from the University of Zambia (UNZA) could be admitted to ZIALE and later admitted to the bar.

"We had one university initially; we have got a couple of universities now, so the law is being amended to allow these students to go to ZIALE," Lungu said.

Meanwhile, Lungu defended the controversial high legal fees that lawyers ask from their clients, justifying that the fees were regulated by the law.

"We have heard that complaint and I think this is a good occasion to try and put context to the legal fees. All legal fees charged by lawyers are governed by law; we have got two statues - one deals with contentious matters and another one deals with non-contentious matters. These statutes set out in details what fees a lawyer is supposed to charge. From the time you walk into a lawyer's office, the consultation you have with the lawyer, there is a cost attached to it. A letter that a lawyer writes has got a cost attached to it. If a matter goes to court and a writ of summons is issued, there is a cost attached to it. It is when all these are tabulated that the lawyer arrives at the fee," explained Lungu.

"Now I think it might be appropriate that if people go to consult the lawyer, they discuss the issue of fees with the lawyer before engaging the lawyer. Usually when you get into problems the first thing you think of is that I need a lawyer and when the lawyer finishes the work and they say these are the fees you are going to pay, you say: 'Hell! This is just too much money!' But if you agreed the fees with the lawyer at the beginning, it does help. You understand as to how much you are going to pay at the end of the matter."