Maravi

LAZ wants Judiciary reconstituted before new constitution

LAZ wants Judiciary reconstituted before new constitution
By Joan Chirwa-Ngoma
Mon 30 Apr. 2012, 09:10 CAT

LAZ has asked the government to urgently reconstitute the Judiciary afresh before the constitution review process is completed. According to resolutions passed at the end of its annual general meeting in (AGM) Livingstone on Saturday, the Law Association of Zambia (LAZ) stated that the call for the reconstitution of the Judiciary is intended to have judicial reforms as soon as possible.

The reconstitution of the Judiciary being sought by LAZ is further intended to address incompetence, judicial accountability and integrity, which have been recognised as problematic by the association's membership and other stakeholders.

"The judiciary is not where it ought to be for a democracy. There is justice delayed. There is perception that the level of integrity in the judiciary is not there, that judges are not generally accountable not only to the people but also to the lawyers who appear in court. Sometimes they take positions and do not want to be challenged," noted the delegates to the AGM.

LAZ president James Banda, in a letter dated January 11, 2012 to justice minister Sebastian Zulu and copied to Chief Justice Ernest Sakala and Attorney General Mumba Malila, stated that the Judiciary was facing a leadership challenge which should be addressed for any meaningful reforms to be undertaken.

Banda, in his letter, observed that the Judiciary needed a new momentum and a breath of fresh air to carry the reforms the association would be suggesting.

"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.

And LAZ has also asked the government to accept the recommendations of the committee of expert on the constitution as the views of the people.

"There should be wide consultation among stakeholders. The draft Constitution should be presented before Parliament and Parliament should not change anything when the draft Constitution is presented to it but it should enact the document into law," stated LAZ.

Labels: CONSTITUTION, JUDICIARY, LAZ

posted by MrK @ 5:24 PM