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Criticism may help identify defects within legal system - Justice Sakala

Criticism may help identify defects within legal system - Justice Sakala
By Ernest Chanda
Thu 10 June 2010, 04:00 CAT

CHIEF Justice Ernest Sakala has acknowledged that criticism of the courts could help identify defects in the legal system. And Electoral Commission of Zambia (ECZ) chairperson Justice Florence Mumba has urged lawyers to seek the best practices and promote democracy.

Addressing Law Association of Zambia (LAZ) members at the close of their annual general meeting at Lusaka’s Pamodzi Hotel on Saturday, Chief Justice Sakala said such criticism could protect justice in the courts.

Chief Justice Sakala who based his address on the theme: ‘The duties of an advocate towards the court, his clients and others respectively’, however called for constructive criticism of the courts from those who wish to criticise.

“If you have to criticise the courts, be constructive and not destructive. Do not criticise after you have lost a case because that may be a reflection of sour grapes. But as courts we do accept that throughout history judges have been criticised, often times savagely, for decisions they have made in individual cases. We acknowledge that as long as the courts continue to serve as the stage for contentious battles over such emotionally charged issues of politics, tribalism and crimes, judges must expect to be criticised and attacked, sometimes harshly for the decisions they make,” Chief Justice Sakala said.

“We also acknowledge that criticism of the courts may also help to identify defects in the legal system; and thus protect the cause of justice and may ensure high standards of performance. But as advocates, your role is to offer advice and counsel to your clients even when a judgment has gone against them. However, a line ought to be drawn between the duty to your client and to the court. You can only cross that line at your own risk.”

He said there could be no proper respect for the rule of law unless lawyers had the respect of the public.

“To a lay person, the duties of an advocate often appear to be in conflict. It is, therefore, of great importance and timely that we start now to appreciate and review our relationships and roles as we head towards the presidential and general elections of 2011. I must, however, quickly concede that these duties are really not capable of exact definition. But it can be confidently asserted that there can be no proper respect for the Rule of Law; unless the lawyers have the respect of the courts, their clients, and the public at large,” he said.

“In this connection, the lawyers must be the first to respect and abide by the judgments and decisions of the courts, even when they do not agree with them. Respect for judicial authority is indispensable for the maintenance of the Rule of Law, including respect for human rights standards.”

Chief Justice Sakala said lawyers could only attract public confidence if they remained professionally competent and ethically above board.

“These mark the foundation upon which we should practice the law. When advocates comply with minimal standards, the work of the courts will be simplified and expedited,” said Chief Justice Sakala.

And justice Mumba urged LAZ to adopt the best practices that would enable members to perform above board.

“When lawyers fail in their duty to uphold ethical tenets, the nation dies a little. The association is therefore expected to adopt practices, which will oblige members of the association to raise the banner of the association high, remain above board, avoid misleading the nation and always seek the best practice to uphold our democracy. It is saddening to read reports where senior lawyers mislead the nation on the electoral process, where senior lawyers fabricate lies likely to alarm the nation regarding preparations which ECZ undertakes at election time,” Justice Mumba said.

She called for sanctions against lawyers who use abusive language.

“It is sad also to learn that there are actually a handful of such misfits in the association, who tarnish the legal profession. In my view, a lawyer who has transgressed must not wait for a formal arrest; she or he must simply step down, instead of falsely challenging the law enforcement agencies to arrest them or to prove offences knowingly committed,” she said. “The association is therefore called upon to review lawyers’ ethics and lay equal emphasis on ethical practice, apply sanctions for unethical practice against lawyers who use abusive language, make false accusations, or threaten democratic elections in any matter. While such conduct may not meet the threshold of criminal offences, it does go beyond the threshold of unethical conduct, unbecoming of a member of the association.”

The LAZ AGM was supposed to have been held in April this year but was deferred to this month due to an absence of many members who were caught up in the suspension of flights from Europe resulting from volcanic ash following an eruption in Iceland.

The lawyers had gone to London to attend the Law Week organised by the South London Law Society.

And according to a notice signed by returning officer Abha Patel and dated April 8, 2010, only the position of honourary secretary was challenged after the nomination period had expired.

The association’s president Stephen Lungu and his vice Kafunya Mbindo maintain their positions.
LAZ council members who went through unopposed include Sydney Chisenga, Sydney Mulengeshi, Diana Sichalwe, Paulman Chungu, James Banda and Theresa Liswaniso-Kampata.

Others are Likando Kalaluka, Mutakela Lisimba, Patrick Chuula, Douglas Mazumba, Martin Musaluke and Tom Shamakamba.

After the election at the AGM last weekend, the position of honourary secretary went to Kondwa Chibiya who beat Kangwa Chisanga.

Kafula Mwiche scooped the position of honourary treasurer unopposed, taking over from Dr Overs Banda who did not recontest.

Labels: COURTS, ECZ, ERNEST SAKALA, FLORENCE MUMBA

posted by MrK @ 3:43 PM