Maravi

LAZ wants inept judges removed

LAZ wants inept judges removed
By Maluba Jere
Mon 16 Jan. 2012, 14:00 CAT

The Judiciary is facing a leadership challenge which should be addressed for any meaningful reforms to be undertaken, the Law Association of Zambia has stated.

In a letter dated January 11, 2012 to the Minister of Justice, Sebastian Zulu, copied to Chief Justice Ernest 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. And LAZ demanded that the reforms in the Judiciary start immediately.

"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."

Banda observed that the Judiciary had to a large extent lost its sense of accountability to the public.

He wondered how else one could account for the delays in the delivery of justice if not for lack of accountability, adding that delays in the delivery of justice were a clear reflection on the efficiency and competence of the Judiciary.

Banda stated that judicial independence and accountability were not inconsistent and could therefore coexist.

He stated that the Judiciary should not be ungovernable and elitist or untouchable, and that the old days of respectful deference and fearful silence had gone forever.

Banda urged that the rules and laws of appointment and removal should be clear and not subject to manipulation by the executive, stating that was what judicial reform to a large extent entailed.

"We demand that judges should not serve on contracts as this is inconsistent with judicial independence, especially more so that the terms of those contracts are not known to the public," Banda stated.

"This in our view should not wait for a new constitution, but can be implemented without any further delay and could go a long way in instilling independence and accountability in the Judiciary. We are confident that an orderly exit can immediately be arranged as the contracts are granted by President. Thereafter, no contracts should be granted to any judge."

He stated that LAZ was alive to the financial challenges being faced by the Judiciary but that the association was convinced that even with the meagre resources, the Judiciary could do far much more than it was currently doing.

"The financial constraints in the Judiciary like any other arm of government are well documented however, we are aware that judges are among the better remunerated public servants and as such we expect higher levels of efficiency and dedication to duty," Banda stated.

"It is a notorious fact that there are some judges whose performance is above reproach but there are those who leave much to be desired and should in our view not continue to serve as judges."

LAZ has also maintained its earlier statement that it would continue to advise the public on all the steps it will be taking to ensure the integrity of the Judiciary is restored and maintained.

Banda added that the association would be undertaking a systematic review of some cases and judgments to determine whether or not issues of capacity and competence arose.

He stated that where such capacity and competence arose, appropriate action would be taken, including invoking the provisions of the Constitution for the removal of a judge on grounds of competence.

And LAZ described as unnecessary and very unfortunate remarks by justice Sakala during the ceremonial opening of the criminal sessions of the High Court last week that the Judiciary would wait to see what LAZ would do to restore and maintain the integrity of the Judiciary.

"The reaction by the Chief Justice has not sat well with our general membership. The Law Association of Zambia is a major stakeholder in the Judiciary and we are fully aware of the challenges the Judiciary faces," Banda stated.

"We mentioned in our statement that we would engage the government and all stakeholders to restore and maintain the integrity of the Judiciary and we intend to do so. In our humble view, the Judiciary is facing a leadership challenge and it is imperative that this is addressed for any meaningful reforms to be undertaken.

"The above notwithstanding, we undertook that we will help to restore and maintain the integrity of the Judiciary and we promise to live by this undertaking."

Labels: ERNEST SAKALA, JUDICIARY, LAZ

posted by MrK @ 7:38 PM