Maravi

Justice isn’t cheap - Chief Justice Sakala

Justice isn’t cheap - Chief Justice Sakala
By Maluba Jere
Tue 04 Jan. 2011, 04:02 CAT

POOR funding is undermining the autonomy of the judiciary, says Chief Justice Ernest Sakala. And Vice-President George Kunda has appealed to politicians not to assail the independence of the judiciary.

Speaking at the opening of the Lusaka High Court sessions for 2011, Justice Sakala said the judiciary's core function was adjudicating and that for it to perform efficiently and effectively, it needed a certain level of resources.

"Over the past few years, the trend has been that less than 80 per cent of the approved budget is released," he said.

"This has no doubt negatively affected our projects and programmes and we have even been unable to fulfill the obligations relating to conditions of service of our support staff in terms of paying terminal benefits and other benefits. It is also defeating the very concept of an autonomous judiciary."

Justice Sakala pointed out that justice is not a cheap commodity anywhere.

He said it was the judiciary's aim to achieve affordable, accessible, cost effective and transparent justice accountable to the public but that in order to achieve its targets of reducing the time it takes to dispose off cases, it needs adequate financial investment.

Justice Sakala said despite the increase in the number of judges, the budgetary allocation had remained the same as before, saying that did not allow it to employ support staff for the increased number of judges.

He also said the Judiciary was faced with a serious challenge of inadequate infrastructure, saying some offices initially occupied by support staff had since been converted into chambers.

"...At Lusaka High Court, we have eight rooms designated as Judges' Chambers and eight courtrooms. But we have 16 Judges at Lusaka High Court, sharing eight courtrooms," Justice Sakala said. "The story is the same at Livingstone, where we have two judges sharing one courtroom. At Kabwe, we have two judges sharing one courtroom. At Ndola, we have six judges sharing two courtrooms and at Kitwe, we have five judges sharing two courtrooms. At all these stations, we need more chambers and more offices."

Justice Sakala bemoaned the absence of resident judges in most provincial towns which were serviced by circuit judges who travel from other towns.

He said the long term and cost effective solution was to construct High Court buildings and accommodation at the provincial headquarters so that judges could be stationed there on a permanent basis together with support staff.

He said the judiciary was now current in handling criminal cases but added that this did not mean that prisons had been decongested.

Justice Sakala added that the judiciary was currently brainstorming on increasing the sentencing powers of the magistrates from nine to 15 years to enable them deal with the cases of defilement without the process of committing the convicts to the High Court for sentencing to reduce on the long period they wait for sentencing.

Currently, the magistrates' maximum power of sentencing stands at 9 years.
Vice-President Kunda said the independence of the judiciary was of critical necessity to a functioning constitutional democracy like Zambia's.

Vice-President Kunda said the maturity of a leader was measured by his calmness and not by engaging on groundless speculation.

He said the government had respect for the rule of law and supported institutions like the judiciary that support constitutional democracy.

"The government is therefore, often unhappy that when parties lose cases, they start making groundless speculation and yet the same people when they win cases against the government, the judiciary then is said to be independent," Vice-President Kunda said.

He said he had taken note of the challenges and assured judiciary staff that their concerns were being addressed.

Vice-President Kunda said over 100 local courts and magistrates' courts being built were due for completion this year while several others were being rehabilitated.
On the financial challenges being faced by the judiciary, Vice-President Kunda said there was no doubt that the budgetary allocation needed to be revised.

Labels: 2010 BUDGET, ERNEST SAKALA, JUDICIARY

posted by MrK @ 9:06 AM