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Nkole backs LAZ on Mchenga’s resignation

Nkole backs LAZ on Mchenga’s resignation
By Patson Chilemba
Wed 30 Dec. 2009, 04:01 CAT

FORMER Task Force on Corruption chairman Maxwell Nkole has said the Law Association of Zambia (LAZ) has every right to call for Chalwe Mchenga’s resignation because they are the regulators of lawyers.

And Lusaka lawyer Mundia Sikatana has said LAZ is very right because Director of Public Prosecutions (DPP) Mchenga has failed to defend the constitutional provisions of his office.

Reacting to former president Frederick Chiluba’s lawyer John Sangwa’s position on LAZ’s call for Mchenga to resign, Nkole said there was nothing unlawful about LAZ’s position.

“They are the regulators of the lawyers, conduct and they have all the right to interpret the situation as they see it based on the fact. So you know what LAZ is saying is within their mandate, and there is nothing unlawful about it,” Nkole said.

“At the end of the day, I have said that the DPP has to save his name, you know and he should seriously consider what all this controversy affect him personally and how it affects the whole system.”

Nkole said it was a pity that people were speaking on Mchenga’s behalf instead of him coming out to speak for himself.

“So we would like him to come out and say what his views are,” he said.
On Sangwa, Nkole said those that had been in Chiluba’s camp had taken great relief that the matter was handled in the manner it had been handled.
“But what we are saying is that you cannot suffocate justice at an early stage. Justice must be allowed to continue all the way up.

Also I think that lawyers know very well that magistrate Chinyama had ruled that each party in that matter should appeal, and I think that the other co-accused with Chiluba have since appealed,” Nkole said. “And there is no reason why the state should not also enjoy its right to appeal.”

On Sangwa’s assertions that LAZ were behaving like vigilantes, Nkole said Sangwa should differentiate between matters, which were purely legal and those that were political.

“I believe that this issue of DPP is the constitutional office of the DPP is all a legal matter and I think we shouldn’t import any political connotations into what is going on. I think it is better to leave matters which are legal, legal,” he said.

Nkole said the matter involving Chiluba had been taken to court by way of the judicial review, therefore, the lawyers representing Chiluba would be required to appear before the higher court.
“They should desist from making further comments on the matter, they have an interest in the matter,” said Nkole.

And Sikatana said Sangwa should not have gone that far to express his disagreement with his colleagues by calling them lawlessness.
“What does Mr Sangwa say on the stand of the state where they have convicted Mrs Chiluba and acquitted Mr Chiluba? I don’t know what that means, it doesn’t make sense,” Sikatana said. “It is not a question of lawlessness. Who is right? The Law Association is right.”

Sikatana said there was nothing else one could expect from LAZ other than to call for the resignation of an official who had failed to defend the office of DPP.

Sikatana reminded Sangwa that Chiluba was his client.
On Monday, the Times of Zambia quoted Sangwa as having said it was lawlessness for LAZ to champion the resignation of the DPP.

He urged LAZ to take the matter to court if it had enough evidence that the DPP’s action was against the law. Sangwa advised LAZ to desist from behaving like hooligans and vigilantes who worked without evidence.

Labels: CHALWE MCHENGA, CHILUBA, JOHN SANGWA, LAZ, MAXWELL NKOLE, MUNDIA SIKATANA

posted by MrK @ 7:54 AM