Thursday, January 19, 2012

Chongwe calls for Sakala's removal

Chongwe calls for Sakala's removal
By Ernest Chanda and Mwala Kalaluka
Wed 18 Jan. 2012, 13:57 CAT

LUSAKA lawyer Rodger Chongwe says there can be no meaningful reforms in the Judiciary without the removal of Chief Justice Ernest Sakala. And Justice Sakala and some senior judges yesterday held an emergency meeting to discuss the recent criticism of the Judiciary's performance by members of the public.

Commenting on LAZ's letter to justice minister Sebastian Zulu in which the Association was demanding immediate reforms in the institution, Dr Chongwe said justice Sakala had in fact overstayed in office.

"No reforms can actually be effective in any institution which need reform for as long as the top brass in that organisation are allowed to manage the affairs of that particular organisation. The question is, who has brought the Judiciary to the stage where it is that Zambians have lost confidence in it? What we should realise is that the Chief Justice of this country, justice Sakala has been Chief Justice since 2002 when he took over from justice Mathew Ngulube," said Dr Chongwe.

"So you are talking about a period of nine years or more as Chief Justice. Therefore when you talk about judicial reform you cannot really continue retaining the services of the Chief Justice and hoping that he's going to bring about any reform. Besides you should realise that our chief justice attained retirement age some time ago, and that he's now serving on contract. So he's a person who is over the age of 65 years."

And Judiciary sources indicated yesterday that the criticism of the Judiciary by the Law Association of Zambia (LAZ) and an editorial comment in The Post newspaper of Monday had necessitated the emergency meeting.

"These same things that you are writing about this place, people judges are not happy and there is an emergency meeting there Supreme Court," the source said without giving further details.

However, some Judiciary workers have demanded Justice Sakala's removal because they, as support staff, were being made to work like donkeys.

"Its not about holding emergency meetings, he Justice Sakala must just go," one Judiciary worker said.

"The morale is low among workers here. Certain magistrates are being transferred because there is a perception that they are against those heading the Judiciary. Soon you will hear about certain transfers from Luapula Province and Lusaka."

In a letter dated January 11, 2012 to the Minister of Justice, Sebastian Zulu, copied to Justice Sakala and Attorney General Mumba Malila, LAZ president James Banda observed that the Judiciary needed a new momentum and a breath of fresh air to carry the reforms the association would be suggesting.

Banda stated that the Judiciary was facing a leadership challenge, which should be addressed for any meaningful reforms to be undertaken.

"We are of the view that the current leadership of the Judiciary would find it difficult to embrace and carry out the reforms we will be proposing," read in part Banda's letter to Zulu.

"Judicial reform invariably will include filling the Judiciary with forward thinking, credible, competent judges and magistrates with integrity operating under clear and transparent rules without impunity and with secure tenure."



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