LAZ attempts to reconcile Sangwa and justice Sakala

LAZ attempts to reconcile Sangwa and justice Sakala
Written by George Chellah
Thursday, July 23, 2009 4:29:31 PM

AN ATTEMPT to reconcile Chief Justice Ernest Sakala and Lusaka lawyer John Sangwa flopped over the weekend, well-placed sources in the judiciary have disclosed.
Simeza Sangwa and Associates have filed a petition in the High Court on behalf of their clients - Faustin Kabwe and Aaron Chungu - where they want the court to order justice Sakala and justice Peter Chitengi to vacate their offices.

The petitioners are also praying to the court to grant them an order restraining justice Sakala and justice Chitengi from occupying and performing their functions until after the hearing and determination of the petition.

Sources revealed yesterday that an attempt for arbitration was made over the weekend but it was not fruitful.

"A named senior lawyer offered or requested that the Law Association of Zambia (LAZ) arbitrates or reconciles the duo. But I hear it didn't yield anything, it flopped because there was a strong view within the LAZ council that the association could not be dragged into this whole saga," the source disclosed. "...Because it's not about Sangwa per se, the issue is about Sangwa's clients who have petitioned. Sangwa is just a lawyer offering a service to his clients, so how does LAZ come in?"

The sources revealed that Sangwa insisted that the issue was not about him but his clients.

"Therefore, the attempt flopped purely on the above stated reasons," the source said.

When contacted yesterday, Sangwa responded: "I cannot comment because the matter is now in court."

And when asked about the meeting, LAZ president Stephen Lungu yesterday said: "I will offer no comment."

But Patriotic Front (PF) leader Michael Sata insisted that justice Sakala must be evicted at all costs.

Sata yesterday said it was no longer a secret that the Zambian judiciary under the leadership of justice Sakala was compromised and would never deliver any meaningful judgment.

"In fact, as politicians in Zambia we are the ones who were supposed to be doing what Simeza Sangwa and Associates is doing. However, PF is ready to subscribe to those lawyers who are going to join Mr John Sangwa in evicting Chief Justice Sakala," Sata said. "Chief Justice Sakala and justice Peter Chitengi must be evicted at all cost. The judiciary is compromised, that's why they can't produce any meaningful judgment. They must go."

He said the most honourable thing that justice Sakala could do was to resign and save the judiciary from further humiliation and shame.

"Chief Justice Sakala and Chitengi must resign, they are humiliating the judiciary and the country so the best is for them to resign now. Sakala must just throw in the towel instead of embarrassing the judiciary," Sata said. "If he has to save his face he should emulate his predecessor Matthew Ngulube. Ngulube saved his face by resigning without him even being pushed out."

He said the reasons that forced justice Ngulube to resign were not as serious as the ones being raised against justice Sakala and justice Chitengi.

"Ngulube resigned because of the Zamtrop account but this Chief Justice is playing a part in perpetuating illegality, which is more serious because these are constitutional issues. So how can a Chief Justice remain in office amidt such things?" Sata asked. "What is being raised against Chief Justice Sakala and Chitengi are serious constitutional issues. In fact, it even amounts to theft by false pretences. How can the Chief Justice and Chitengi continue to draw their salaries and enjoy other privileges befitting those offices on illegal contracts? That's theft by false pretences!"

Sata said the right thing should be done over the matter.

"I remember Benny Tetamashimba was so excited in Parliament that time over the Zamtrop account and Ngulube. Why is he quiet now? Ngulube abandoned all the pending judgments and resigned. It has happened before and justice Ngulube did it. Sakala and Chitengi won't be the first ones," Sata said. "When there was so much pressure on Ngulube because of Zamtrop, he threw in the towel and resigned. There is no need for Sakala and Chitengi to hang around. I even doubt if at all there is any judgment they are waiting to pass. Let them just go immediately."

But in his letter to Sata dated July 20, 2009, which was also copied to President Rupiah Banda and the secretary for Judicial Service Commission, Attorney General Mumba Malila stated that he had been instructed to respond to Sata's letter.

"Dear Sir, I refer to the above matter and to your letter dated 17th July 2009 addressed to the secretary, Judicial Service Commission and copied to His Excellency the Republican President and myself. I have been instructed to respond. Please note that constitutionally, the President is not obliged to consult the Judicial Service Commission when appointing Supreme Court judges," Malila stated. "Article 95(1) states that High Court judges shall, subject to ratification by the National Assembly be appointed by the President on the advice of the Judicial Service Commission. Article 93 on the other hand states that: (1) the Chief Justice and the Deputy Chief Justice shall, subject to ratification by the National Assembly, be appointed by the President. (2) The judges of the Supreme Court shall, subject to ratification by the National Assembly, be appointed by the President.

"The interpretation we place on Article 98(1) (b) under which the contracts of His Lordship the Chief Justice and justice Peter Chitengi were given do not require fresh ratification by the National Assembly of these judges. Accordingly the performance of duties by His Lordship the Chief Justice remains valid and lawful at all times."

But Sata advised Malila to stop bluffing.

"All what the Attorney General is doing in his response is bluffing. He can bluff Rupiah but he can't bluff the nation, we can see through him. We know that he is bluffing to protect himself and his job from Rupiah's wrath after the Dora Siliya tribunal saga where Malila testified against Siliya," Sata said. "Let him not lie, we all know that a new contract for judges means a new appointment, which must be ratified by the National Assembly. Is Malila telling us that we don't have any other reasonable human being who can become Chief Justice and Supreme Court judge? That's the purpose of ratification and not what we are talking about. He thinks I am ignorant on these matters."

And International Fellowship of Christian Churches (IFCC) president Bishop Simon Chihana said it was now clear that the office of the Chief Justice was threatened with such great shame and ridicule and was much likely to take away the confidence that the public had in the judiciary.

"This is an office which is known to be of great honour and held with great admiration and approached with high esteem by the public eye and all that relate to it all over the world because of the responsibility it holds on behalf of all of the citizens," Bishop Chihana said. "The revelations that our Chief Justice is beyond the age of holding office and government is still using him to handle the courts of law makes the courts themselves to be unlawful by morality and conscious."

Bishop Chihana said the government must explain to its nationals on what was happening to the law of the land and to the defenders of the law of the land.

"Truthfully speaking, we need to realise that wickedness begins when we fail to correct the wrong even when it is being committed in daylight. We challenge the Chief Justice to honorably step down today before all the respect that the learned men and women of the bar had given him erodes away in his face by hardening his heart with pride and refusing to listen when the handwriting is on the wall," Bishop Chihana said. "We do not want to see that office be baptised in the mud of degradation and dishonour. As a church, we agree that to err is human but failure to correct the error when it has come to our knowledge is failure of self-judgment. For a righteous man judges himself and if he fails to judge himself how shall he judge others? Which means others shall judge him with contempt. As an honourable learned elderly man, we believe that the Chief Justice holds conscious of the nation on our behalf by virtue of his position and work entrusted to him by the President."

Bishop Chihana said it is written in the Holy Bible that: "If the foundations be broken, what can the righteous do? (Psalm 11:3). A sound judiciary is a strong foundation and cornerstone for any nation that may enjoy its democratic fruits of freedom, free, fair and transparent elections, fair trials in the courts of law and exercising of true justice in judgments."

"It is in the courts of law that is where the defenceless can be defended and the unjust can be reprimanded and the unlawful can be taught the law. We also therefore urge the Republican President Mr Rupiah Banda to begin preparing to appoint another Chief Justice who must be ratified by Parliament so that honour may continue in the Judiciary," said Bishop Chihana.