Thursday, October 06, 2011

TIZ urges government to take public concerns about Judiciary seriously

TIZ urges government to take public concerns about Judiciary seriously
By Patson Chilemba
Thu 06 Oct. 2011, 14:00 CAT

SEBASTIAN Zulu and the PF government should take public concerns about the operations of the judiciary and perceptions of corruption very seriously, says TIZ.

Reacting to the justice minister Zulu's remarks in the state-owned newspapers, Times of Zambia and Zambia Daily Mail of yesterday, that some media houses - in apparent reference to The Post - should not insinuate wholesale corruption in the judiciary when it cannot substantiate its claims, Transparency International Zambia (TIZ) president Reuben Lifuka argued that it was not true that the media had deliberately insinuated that the entire judiciary was corrupt.

"Transparency International Zambia would like to counsel the new Minister of Justice and the PF government to take public concerns about the operations of the Judiciary and the perceptions of corruption very seriously," Lifuka stated.

"We find the statement by the Minister to be extravagant as it is not true that the media have deliberately insinuated that the entire judiciary is corrupt.

It is also wrong for the minister to portray an image that there are no challenges of corrupt judicial officers in Zambia. The fight against corruption in Zambia has greatly benefitted from the work of the media - particularly the private media."

Lifuka, who is also the managing consultant for Dialogue Africa stated that the PF itself, when it was in opposition, championed the same causes as the media that it had now already chosen to disparage.

He wondered why the change all of a sudden.

"It is a matter of public record that there were a number of statements from various PF leaders, on the acquittal of some high-profile persons charged with corruption.

It is necessary, in our view, for the new government to take time and study the various challenges before making policy pronouncements," Lifuka stated. "We want to advise the minister to focus on initiating judicial reforms which will be holistic and make our judiciary truly independent. Judicial officers should be given the latitude to make decisions free from any form of interference."

Lifuka stated that the independence of the judiciary was crucial for its own effectiveness, adding that Zambia needed a fair judiciary which was also subject to mechanisms that held it accountable to the people.

"We need a legal culture that upholds the independence, impartiality and integrity of the judiciary," stated Lifuka.

Zulu was quoted in the state-owned newspapers as having said the government had noted with disapproval that some media houses had taken it upon themselves to insinuate that the entire judiciary was corrupt and that they should give reasons behind the acquittal of certain individuals.

He stated that some media houses had also misled the public that adjudicators acted on instructions from some authorities to decide in a particular way.

Zulu further said it had been suggested by some media houses that judicial officers could be arrested and prosecuted for what were perceived as wrong judgments.

He said the position of government was that in terms of the law, no judicial officer could be arrested or prosecuted for delivering what could be perceived as a wrong judgment.

"It should be noted that judges do not dialogue with third parties regarding the content or basis of their judgments. The judgments speak for themselves," said Zulu.

He said the Zambian government was a signatory to the Commonwealth Bangalore Principles which ensured judicial independence, impartiality, integrity, propriety, equity of all before courts, competence and diligence of judicial officers.

Zulu said the principles alluded to were of critical necessity to constitutional governance and were enshrined in the Republican Constitution and the Judicial Code of Conduct.


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