Monday, July 06, 2009

Current happenings in judiciary worry Malila

Current happenings in judiciary worry Malila
Written by Maluba Jere
Monday, July 06, 2009 12:02:30 PM

CURRENT happenings in the judiciary will erode public confidence in the legal profession, Attorney General Mumba Malila has observed. Commenting on the recent exchange of words between some lawyers and Chief Justice Ernest Sakala, Malila yesterday advised legal practitioners in the country to desist from washing dirty linen in public.

“All the recent happenings are not healthy to the judiciary.

This is a profession that cherishes integrity and honesty and so if we begin washing dirty linen in public, we will erode the confidence that the public has in the profession,” Malila said.

Malila, who is also chairperson of the judiciary’s disciplinary committee, said there were always ways of dealing with misunderstandings without tarnishing the image of the profession.

“…If we follow those, I am sure we can find solutions without tarnishing the image,” Malila said.

He urged legal practitioners in the country to use available channels of dealing with matters whenever aggrieved and not resort to attacking each other in the media.

“Let us use the available channels quietly. Let the bodies deal with these matters. It is not healthy for exchanges to continue publicly,” he said.

Malila, however, said the judiciary’s disciplinary committee had not received any formal complaint from either the Chief Justice or Law Association of Zambia (LAZ) on the matter.

“As Attorney General, I am chairman of the disciplinary committee so we will wait until a complaint is lodged,” said Malila. “Then the committee sits down and looks at the complaint. But we have not received any complaints formally from the Chief Justice or LAZ but if we did, we would sit down and give chance to the legal practitioners to explain themselves...”

In his letter to Chief Justice Ernest Sakala dated July 3, 2009, Lusaka lawyer Wynter Kabimba described justice Sakala’s recent attacks on another lawyer John Sangwa and himself during the bar-bench conference in Chisamba recently as a kangaroo debate, which made LAZ a circus and a tool for those in authority.

Kabimba stated: “I refer to the above article in The Post newspaper which I did not have the privilege to read until Thursday 2nd July 2009 as I was out of town. Let me state on the onset that I have made a decision to forward my views to Your Lordship over this matter with a heavy heart. Firstly, because I think I have had a personal and professional relationship with you over the years. Secondly, because at no time did I ever think I would engage with your office in such a manner of communication.”

Kabimba stated that it was patently saddening that he and justice Sakala now stood apart over a question of principle.

Officiating at the second bar-bench conference for lawyers at Protea Hotel in Chisamba recently, justice Sakala said the legal profession was one envied by many adding that lawyers should be proud of what and who they had chosen to be.

Justice Sakala said integrity was an urgent and special matter and said preserving it must be at any cost.

He said it was no longer strange for a lawyer to address the media and insult the judiciary that it was compromised.

Chief Justice Sakala also described Sangwa’s decision to report him and Lusaka High Court judge-in-charge Esau Chulu to the Judicial Complaints Authority as unprofessional and most unacceptable conduct at the bar.

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