Sunday, February 19, 2012

LAZ seeks removal of judge Sunkutu

LAZ seeks removal of judge Sunkutu
By Joan Chirwa-Ngoma
Sun 19 Feb. 2012, 11:59 CAT

The Law Association of Zambia is seeking the removal of High Court judge Emilia Sunkutu for incompetence. According to sources, the Law Association of Zambia (LAZ) has demanded that judge Sunkutu be removed for her failure to deliver judgments, as required by law, in the cases she has been handling.

According to the sources, judge Sunkutu has a backlog of 47 undelivered judgments dating back to 2006 when she was at the Industrial Relations Court as Deputy Chairperson.

However, judge Sunkutu says the backlog resulted from circumstances beyond her control.

"The matters that go to the Industrial Relations Court are at the instance of the workers. The Industrial Relations Court belongs to workers and it was established to speed up the handling of their grievances," the source says. " But with these type of delays, LAZ feels that workers are getting a raw deal."

According to the source, LAZ has also expressed displeasure at judge Sunkutu's inability to perform even under her new role as High Court judge.

"LAZ feels there are sufficient grounds to consider the removal of judge Sunkutu in line with the provisions of Article 98 which state that…'If the President considers that the question of removing a judge of the Supreme Court or High Court under this article ought to be investigated, then - (a) he shall appoint a tribunal which shall consist of a chairman and not less than two other members who hold or have held high judicial office; (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this article for inability as aforesaid or for misbehaviour," said the source.

The source further disclosed that LAZ sees a serious question of inability and incompetence on the part of judge Sunkutu and has, therefore, called for investigations on the matter.

But judge Sunkutu, according to the source, says there were several records that she was handling that went missing and some records from which proceedings could not be traced, hence her inability to deliver the judgments in time.

"She said the delay is not deliberate and is not of her own making," the source said. "And she has promised to clear the backlog by end of June."



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