Maravi

Judicial officers’ private interests shouldn’t interfere with professionalism, says Malila

Judicial officers’ private interests shouldn’t interfere with professionalism, says Malila
By Ernest Chanda
Sat 28 Nov. 2009, 04:01 CAT

ATTORNEY General Mumba Malila has warned judicial officers against allowing affairs of their private interests to interfere with professionalism.

In a keynote speech presented on his behalf by Attorney General's Chambers parliamentary counsel, Diana Sichalwe at a Judicial Complaints Authority and Law Association of Zambia organised workshop on the Judicial Code of Conduct in the administration of justice at Lusaka's Pamodzi Hotel on Thursday, Malila said such acts would erode public confidence in the judiciary.

He said if the public had confidence in judicial officers, their orders and judgments would be respected and complied with.

“The public have faith in the judiciary once it is viewed as one of integrity, impartiality and fairness. The very existence of judicial institutions depends upon the judges, who constitute the system, and the judges have a responsibility not to erode the trust that the public have for them by conducting themselves in a manner not befitting that of a judicial officer,” Malila said.

“A judge should therefore be conscientious, just, impartial, indifferent to private, political or partisan influences, indifferent to public praise and fearless of public clamour. He is expected to administer justice according to law and not allow other affairs of his private interest to interfere with the due performance of his duty, nor should he administer the office for the purpose of advancing his personal aims or increasing his personal popularity.”

Malila said there was also need for civil society's participation in the selection of judges for them to feel an affinity with the judicial process.

“The importance of participation of civil society in the justice dispensation system cannot be overemphasised. For instance, there is need for their lay participation in the selection of judges. That is one simple way in which civil society may feel an affinity with the judicial process which, after all, impacts on it in a most severe and direct way,” Malila said.

“In addition civil society is very instrumental in advocating for democracy, the rule of law and the independence of the judiciary, which is relevant for an ideal justice dispensation system.”

Malila advised judicial officers to mould the law so that it moved at the same pace with society.

“The law must keep pace with society to retain its relevance and continue to govern our justice delivery system. If the society moves but the law remains static, it shall be good for neither of them. Judicial officers must consciously seek to mould the law so as to serve the needs of the time,” said Malila.

And LAZ vice-president Kafunya Mbindo said lawyering was not about making money, but dispensing justice.

“We, as lawyers, chose to be part of a noble profession. We all swore before many to uphold the law and the cause of justice. We professed to set ourselves apart and to be role models for the citizens of this country.

Despite the popular misconception, we all know that lawyering is not just about making money. It is also about undertaking the sacred duty of upholding justice without fear or favour,” Mbindo said.

“Our desire as an association is to see a profession committed to practicing in earnest and along a just system. In our community we interact with many people at different levels. As we train and improve our knowledge of the law, we become better equipped to provide a deserving service to the public as a whole. And in so doing we are respecting the tenets of the administration of justice.”

Meanwhile, justice deputy minister Todd Chilembo advised the public not to raise complaints against judicial officers based on rumours.

“Reckless rumours or complaints can cause permanent damage to the reputation of an innocent judicial officer. Complaints, if any, should be based on facts. It is my hope that once we have understood the role of the Judicial Complaints Authority, it will be easier for us to know what to do,” said Chilembo.

Labels: DIANA SICHALWE, JUDICIARY, MUMBA MALILA

posted by MrK @ 12:38 PM