Prof Hansungule asks Sakala to apologise

Prof Hansungule asks Sakala to apologis
By Ernest Chanda
Mon 28 June 2010, 03:10 CAT

PROFESSOR Michelo Hansungule has asked Chief Justice Ernest Sakala to apologise to Zambians for refusing to shake hands with opposition Patriotic Front (PF) leader Michael Sata last week on Wednesday.

The Pretoria-based human rights lawyer said justice Sakala did not think logically when he refused to greet Sata, especially that he heads e the country's Judiciary.

“Chief Justice Ernest Sakala has a duty to publicly apologise to the Zambian people and to opposition leader Michael Sata for his embarrassing lapse of judgment. The Chief Justice’s refusal publicly to shake Michael Sata’s hand is a disgraceful act the country’s head of the Judiciary should never have done. Besides that one is sorry for it, there is no excuse for this type of behaviour,” Prof Hansungule said.

“Clearly, the Chief Justice did not think logically before refusing to extend his five fingers to Mr Michael Sata. He obviously disproportionately thought about one or two issues around his relationship with Sata but failed to look at the situation in its broadest context.

He clearly failed to acquit himself as Chief Justice, a duty he has as long as he remains chief judge. There are many factors that define a relationship.”

Prof Hansungule urged justice Sakala to understand the meaning of multipartism even if he did not like Sata.

"The Chief Justice owes the Zambian people a public apology because they are the people that introduced the multiparty system of government which allows anyone to establish a political party and seek public endorsement to political office.

This would seem to be Mr Sata’s ‘problem’, that he and his colleagues decided to respond to the Zambian people’s aspiration and formed their PF party to contest for political power,” he said.

“It is nothing out of the ordinary that Sata happens to be leader of the country’s opposition and it does not matter whether one likes him or not. As such, the Chief Justice, leader of one of the three arms of government, has a duty to recognise that political reality and behave accordingly.”

He said in the African culture, funerals were an important normative value where all differences are put aside.

"The Chief Justice’s behaviour mocks an important normative value in African civilisation the head of justice in Zambia ought to champion. A funeral in African civilisation is not just a farewell occasion for the departed but an opportunity for conflict resolution. Because of its solemn nature, a funeral enables enemies to make peace.

People that for ages have never spoken to each other shake hands and talk at a funeral. In trying to shake hands with the Chief Justice, Michael Sata did what traditionally is expected of all Zambians at funerals," Prof Hansungule said.

"Mourners go round greeting other mourners as a form of expression of condolences, renewal of solidarities as well as solemnisation of peace treaties. Hatreds, however deep, are set aside at funerals and often buried there. A funeral, though being such often is an excellent opportunity to demonstrate the best in man and woman as a human being."

Prof Hansungule said justice Sakala had, in fact, hosted the funeral since he heads the Judiciary.

"In fact, as Chief Justice, he inevitably became a host to judge Peter Chitengi’s funeral.

In Africa, a person has at least three families - blood family, working family and society or community family. The head of the working family hosts the mourners to the same extent as that of the natural family and must behave likewise. Mourners come to greet him or her as they do to the family head and relatives.

While on earth, late Judge Chitengi belonged to Chief Justice Sakala’s Judiciary family. It would have epitomised late judge Chitengi’s values which the Chief justice so eloquently summarised had he thought logically and extended his five fingers to shake Michael Sata’s hand,” said Prof Hansungule.

“The Chief Justice has a duty to rebuke himself for this, publicly apologise to the Zambian people and to Mr Michael Sata for the embarrassment his conduct caused.”

At the Requiem Mass of retired Supreme Court judge Peter Chitengi at St Ignatius Church in Lusaka last Wednesday, Chief Justice Sakala refused to shake hands with Sata.

Sata arrived just before Mass and greeted people who were seated in church, mostly lawyers.
He then proceeded to the front pew to greet other mourners, who included defence minister Dr Kalombo Mwansa, Secretary to the Cabinet Dr Joshua Kanganja, Vice-President George Kunda’s wife Ireen and deputy Chief Justice Irene Mambilima.

Sata greeted justice Sakala but the latter refused to extend his hand.
“Since when? Since when?” justice Sakala asked Sata.

A startled Sata just looked at justice Sakala, and Electoral Commission of Zambia (ECZ) chairperson justice Florence Mumba, who sat in the second pew, immediately extended her hand to greet Sata.

After a brief conversation, Sata then left for his seat next to the choir.
Later in an interview, Sata confirmed the incident.

“Yes, he refused to greet me but I am not bothered. That is his problem and not mine so it didn’t bother me at all. What happened was I greeted everybody, all the judges but when I came to him, he refused.

He answered me that ‘since when did we shake hands?’” Sata said. “But like I have told you, I am not bothered by that. His behaviour only makes me to wonder whether I, as a citizen of this country will ever get any justice from this judiciary, which is headed by him if he can behave like this despite the position he holds in our country.”