Sunday, November 20, 2011

Judge Chanda questions some of Sata's Constitution committee appointments

Judge Chanda questions some of Sata's Constitution committee appointments
By Agness Changala
Sun 20 Nov. 2011, 13:59 CAT

RETIRED High Court judge Kabazo Chanda has opposed the inclusion of five individuals in the Constitution technical committee. Judge Chanda who is also a senior lawyer is opposed to Professor Patrick Mvunga, Margaret Munalula, Ernest Mwansa, Mwangala Zaloumis and Reverend Suzanne Matale.

Judge Chanda said President Micheal Sata would do well to replace the people he was opposed to with the following: Professor Muna Ndulo of Cornnell University in the US who should replace Prof Mvunga, Prof Michelo Hasungule of Pretoria University in South Africa, to replace Mwansa.

Others are John Sangwa of University of Zambia's School of Law in place of Prof Munalula; William Mweemba, former Law Association of Zambia (LAZ) president to replace Zaloumis and former Evangelical Fellowship of Zambia Bishop Paul Mususu to replace Matale.

Judge Chanda said he was opposed to the said individuals because they were members of the "infamous, ill-fated National Constitution Conference (NCC) which gobbled unprecedented colossal finances".

He said the individuals in question failed to deliver to Zambians a constitution that would stand the test of time.

"I don't understand why the same personalities are being brought back to try and do the job which they failed to do," Judge Chanda said.

"These people have already had their bite at the cherry and should therefore leave room for others."

He prayed that President Sata would remove the names he was opposed to and find replacements from the list he had provided.

Judge Chanda said he had no quarrel with Justice Annel Silungwe, Dr J.B Sakala, Messrs Willa Mungo'mba, Reuben Lifuka and Simon Kabanda.

He said he was also concerned about why some names on the disputed list were also found in other commissions of inquiry.

"These people do not enjoy the monopoly of knowledge in constitutional and other public affairs," he said.

Judge Chanda wondered why all appointments were confined to them.

He said there were so many distinguished Zambian legal practitioners who were deliberately being sidelined by Cabinet Office and legal affairs ministry just because they do not "enjoy patronage of bigwigs" in the two public institutions.

Judge Chanda said there were more best legal brains of Zambia whose expertise the government should also be tapping.

He named those individuals as former Supreme Court Judge Frederick Chomba, Humphrey Ndhlovu, Bonaventure Mutale, Chivwara Phiri of Mulungunshi Chambers, Kingsley Simbao, also of Mulungushi Chambers, Vincent Malambo, SC, Elijah Banda, former LAZ president, Solomon Muzyamba of Livingstone, Mashebe Muyenga of Mongu, Musa Mwenye, current LAZ president and Kabesha Mulilo of Kabwe.

Judge Chanda said he would be grateful if LAZ would correct him where "it thinks he has gone wrong and fortify him where they think he is right".

He said he had no grudge of any kind against the persons whom he had made adverse remarks neither was he criticizing the government.

Judge Chanda said he was merely advising Cabinet Office and Ministry of Justice to widen the spectrum of the pool of lawyers from which they draw the list to give to President Sata for appointments to public bodies.

The full list of the committee of experts is as follows: The

1. Hon. Justice Annel Silungwe, SC, Former Chief Justice shall be Chairperson
2. Dr. J.B. Sakala - JB Sakala and Company shall be Vice-Chairperson
3. Rev. Susan Matale - Council of Churches in Zambia
4. Mr Willa Mung'omba - Mungo'omba Associates
5. Hon Sebastian S. Zulu, SC - Minister of Justice
6. Ms. Charity Mwansa -Permanent Secretary - Lusaka Province
7. Professor Patrick Mvunga -Mvunga and Associates
8. Chief Luchembe - Northern Province
9. Prof Margaret Munalula - University of Zambia
10. Mr Ernest Mwansa - Mwansa Phiri and Partners
11. Dr Rodger Chongwe - Chongwe and Associates
12. Mr. Paulman Chungu - Law Association of Zambia
13. Mr. Simon Kabanda - Citizens Forum
14. Mr Reuben Lifuka - Transparency International-Zambia
15. Mrs. Mwangala Zaloumis - Dove Chambers
16. Dr. Winnie Sithole-Mwenda - Ministry of Justice
17. Mrs Thandiwe D. Oteng - Ministry of Justice, who shall be the Secretary to the Committee
18. Three Catholic Bishops

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