Kabimba responds to the Chief Justice’s attacks

Kabimba responds to the Chief Justice’s attacks
Written by George Chellah
Sunday, July 05, 2009 4:25:00 PM

LUSAKA lawyer Wynter Kabimba has described Chief Justice Ernest Sakala's recent attacks on John Sangwa and himself during the bar-bench conference as a kangaroo debate, which makes the Law Association of Zambia (LAZ) a circus and a tool for those in authority.

In his letter to Chief Justice Sakala dated July 3, 2009, Kabimba stated: "I refer to the above quoted 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 that I would engage with your office in such manner of communication."

Kabimba further stated that it was patently saddening that Chief Justice Sakala and him now stood apart over a question of principle.

"Apart from the statement attributed to Your Lordship attacking my learned brother John Sangwa for lodging a complaint against you and the judge-in-charge with the Judicial Complaints Authority, I note that your comments which I quoted from the said article which I enclose herewith that, 'He said it was no longer strange for a lawyer to address the media and insult the judiciary that it was compromised' were no doubt attributed to me. This is indeed most unfortunate," Kabimba stated. "A bar-bench conference cannot be the right platform for questioning the professional integrity of those of us who seem to hold a different view from the perceived divine character or infallibility of the mortal judicial officers in a manner which was clearly intended to influence the tribunals established by law under the auspices of the Law Association of Zambia. It is the judiciary, which professes against the principle of trial by the public but only by a tribunal established by law.

"Hence, the kangaroo debate at the bar-bench conference makes LAZ as a professional body a circus and a tool for those in authority. It is my sincere hope that LAZ will guard against this phenomenon taking into account that power and authority are fluid and can only last for so long in the hands of one group but never forever. It is important to remember at all time that LAZ was established to promote and develop the legal profession at large and not sectoral interests in our midst."

Officiating at the second bar-bench conference for lawyers at Protea Hotel in Chisamba recently, Chief 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 that 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.

"And one senior lawyer was, few days ago, reported as saying 'every institution in the country has been compromised by the MMD including the judiciary where I belong. They can dismiss all my cases I do not care'," justice Sakala said. "The question is; are they his cases or his clients' cases? If I was his client, I would immediately part company with such a lawyer."

Justice Sakala was impressed that the Law Association of Zambia (LAZ) issued a very strong statement in defence of the judiciary in reaction to some lawyers' complaint.

A day before the second bar-bench conference, LAZ president Stephen Lungu said that it was mandatory that all legal practitioners must adhere to the legal practitioner's Act and the rules promulgated there under. He warned that every legal practitioner should not engage in conduct likely to bring the profession into disrepute. Lungu said constant attacks on the judicial tended to go to the very fabric of the independence of the judiciary.

This was after Kabimba, during the newsmakers forum organised by the Press Freedom Committee of The Post (PFC) at Hotel Intercontinental, observed that the country's judiciary was compromised. He said the ruling MMD had compromised all institutions in the country.

"Every institution in the country has been compromised by the MMD including the judiciary where I belong. They can dismiss all my cases I don't...care," said Kabimba who is also Patriotic Front (PF) secretary general.

He said the PF/UPND pact was a revolution.

"In any revolution there are going to be casualties. Revolutions are based on people power. We need as Zambians to stand up for once and say this is nonsense. In Thailand the government went. Why? Because the judiciary there is in line with the people's demands," Kabimba said. "If we turn out in numbers and go out of this room and say this is nonsense, we are going to turn these institutions into people institutions because right now they are Nyama Soya institutions."

And during the same bar-bench conference, 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.

Justice Sakala said Sangwa's letter was subjudice as it was directly addressed to the judge dealing with the matter in question.

Sangwa reported justice Sakala and judge Chulu to the JCA for allegedly violating the judicial code of Conduct Act.