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Parliament ratifies Mchenga's appointment as judge

Parliament ratifies Mchenga's appointment as judge
By Maluba Jere
Wed 30 Nov. 2011, 13:59 CAT

PARLIAMENT yesterday ratified the appointment of four High Court judges. The four are Director of Public Prosecutions Chalwe Mchenga, Solicitor General Mubanga Kondolo, former Solicitor General and permanent secretary Dominic Sichinga and lawyer Nichola Sharpy Phiri.

Parliament heard that the appointment of the four judges was made pursuant to Section 95(1) Cap 1 of the Laws of Zambia.

However, Parliament heard that the appointment of Mchenga as High Court judge attracted objection from Transparency International Zambia (TIZ) and Law Association of Zambia (LAZ).

Chairman for the select committee that was appointed to scrutinise the four nominees Jack Mwiimbu told parliament that in view of the critical role that the High Court plays in the delivery of justice, the committee undertook to ensure that only individuals who are qualified and competent and with integrity, diligence, eminence, sound character and committed to the promotion of justice should serve on the High Court bench.

Mwiimbu said the committee carefully selected and scrutinised the witnesses to assist it assess the suitability of the nominees.

He told Parliament that all witnesses except for TIZ and LAZ supported the appointment of Mchenga as High Court judge.

Mwiimbu told parliament that while appreciating the fact that Mchenga was eminently qualified to be appointed as High Court judge,TIZ and LAZ believed that he Mchenga had been compromised in the manner he handled the late president Frederick Chiluba's case.

"They believe that the nominee's decision not to appeal against the FTJ judgment was influenced by other considerations other than that of the law," he said.

Parliament also heard that the Human Rights Commission (HRC) on the other hand could not state its position on whether or not the committee should recommend the ratification of the four nominees.

Mwiimbu said this was in view of the public perception that surrounded the Chiluba case which believed the DPP had been compromised by the Executive hence his decision not to appeal against the magistrates' court judgment that acquitted Chiluba.

He said the Human Rights Commission strongly recommended that it was against the principle of judging a person based on public perception.

Mwiimbu said the HRC was of the view that Mchenga was unfairly judged with no chance of being heard .

He further said the committee realised that non of the organisations or individuals that criticised the DPP's decision challenged it from the stand point of the law.

Mwiimbu added that Mchenga contended that he expected LAZ to point out the grounds of appeal being an association of lawyers.

He told parliament that LAZ still considered Mchenga to be in good standing with the association.

"In view of the foregoing, the committee is unanimous in resolving that in the absence of substantial evidence, to prove the allegations against him, the nominee was unfairly judged and that in the interest of the rules of natural justice and human rights, your committee will not hold the allegations against him, your committee will recommend that his nomination be ratified," said Mwiimbu.

On the appointment of Kondolo, Parliament heard that all the stakeholders that appeared unanimously supported his ratification as judge.

Mwiimbu said the committee heard that Kondolo was an eminent lawyer at the bar for 20 years and that he had acquired the necessary competencies and experience to handle the job.

He said the committee also learnt that Sichinga held various legal positions and as such he was suitably qualified to be appointed High Court judge.

Mwiimbu said there were no reservations in recommending the ratification of Sichinga's appointment.

The House also heard that Phiri was an eminent lawyer who stood firm on matters of integrity.

Mwiimbu told the House that although she had not served in high government positions, Phiri had in the last 20 years practiced law.

Labels: CHALWE MCHENGA, JACK MWIIMBU, JUDICIARY, PARLIAMENT

posted by MrK @ 6:54 PM