Maravi

Rupiah urges improved conditions for judiciary

Rupiah urges improved conditions for judiciary
By Abigail Chaponda and Speedwell Mupuchi in Ndola
Sat 05 Dec. 2009, 04:01 CAT

PRESIDENT Rupiah Banda has said there is need to improve the conditions of service of both the adjudicators and support staff in order to recruit and retain high calibre staff for the judiciary.

And Chief Justice Enarst Sakala said there is urgent need to improve the funding to the judiciary to enable it acquire the requisites needed for the timely dispensation of justice in the country.

Officiating at the Ndola High Court golden jubilee celebration in Ndola yesterday, President Banda said the government needs to do something about the physical infrastructure of the judiciary, which could no longer meet the demands of the growing population.

"The exponential increase in litigation calls for the increased and improved judiciary infrastructure in the country. Government is committed to building capacity in the judiciary. For this reason, the judiciary needs to recruit more qualified adjudicators and support staff," he said. "Additionally, there is need for appropriate office equipment and transport to enhance justice delivery. The autonomous judiciary has developed its own administrative structures country-wide which needs financial support. This is in accordance with the Constitution of the Republic of Zambia which provides for the separation of powers."

President Banda also said separation of powers was a basic principle of the political system of modern democracies which Zambia was party to.
He said the doctrine of separation of powers implied that the function of the state should reside in the Executive, Legislature and the Judiciary as different and separate entities with none of the three branches of government able to exercise total power over the other two.

President Banda said his government appreciated and valued the doctrine of separation of powers because he viewed the judiciary as a complementary arm to the executive and legislature in providing checks and balances.
He said the doctrine of separation of powers was critical to the deepening of the democratic process and strengthening of institutions in the country.

And Justice Sakala said lack of facilities compromises the quality of court performances.
"Libraries and archival facilities are important tools for any judge. Apart from the Supreme Court and the High Court at Lusaka, all the court stations have no library facilities to talk about. In the United Kingdom, the success of the greatest judges has been attributed to the availability of the best law libraries. For any judge to perform effectively, a library is an urgent facility, "he said.

He said it was imperative that the judiciary must build more court houses, recruit and train more adjudicators and support staff.
Chief Justice Sakala noted that Zambia's population had increased six-fold since 1969 and that the number of judges at the Ndola High Court had increased from two to five but courtrooms had remained the same, at two.

He also said crime rates had gone up with high unemployment rates outdoing justice infrastructure, hence the backlog of cases.
Chief Justice Sakala said that during Supreme Court sittings in Ndola, the High Court work come to a standstill as the highest court took over the two courtrooms.

He said it was imperative for the judiciary to build more courtrooms and recruit more adjudicators and other staff to enhance delivery of justice in the country.
Meanwhile, Law Association of Zambia (LAZ) president Stephen Lungu said the judiciary played an important role in a democratic country.

"As an association, we believe in the independence and impartiality of the judiciary because both the independence and impartiality of the judiciary are fundamental not only to the capacity to do justice but also to individuals and public confidence in the administration of justice," he said.

He said LAZ would always protect the independence of the judiciary from unwarranted attacks.
Lungu said an independent judiciary upheld the rule of law.

Meanwhile, police manning the Bank of Zambia Guesthouse where President Banda went to refresh himself and have lunch before flying back to Lusaka blocked Copperbelt Province MMD chairman Joseph Chilambwe from entering the premises.

The officers did not heed to his explanation that he was the MMD provincial chairman and that he was expected to meet President Banda.
Frustrated by the officers action, Chilambwe decided to stay outside the fence. Chilambwe was only allowed in when Copperbelt permanent secretary Villie Lombanya and the assistant secretary Stephen Lindunda arrived at the guesthouse.

Chilambwe complained about the conduct of the police.
Earlier, MMD cadres who welcomed President Banda at Ndola International Airport complained about the judiciary's decision to block them from attending the function.
President Banda was accompanied to Ndola by chief Nzamane of Eastern Province.
President Banda did not address the cadres but merely thanked them for welcoming him.

Labels: ERNEST SAKALA, JUDICIARY, RUPIAH BANDA

posted by MrK @ 4:20 AM