Judiciary not a closed shop - justice Mumba

Judiciary not a closed shop - justice Mumba
By Kombe Chimpinde
Fri 25 May 2012, 13:30 CAT

THE Judiciary is not a closed shop, says Supreme Court judge Florence Mumba. Commenting on calls for judicial reforms, justice Mumba said Zambians had the right and freedom to raise awareness of allegations and accusations of misconduct and corruption to relevant bodies.

"The need for judicial officials to be accountable has always been there. We have always been expected to be accountable," said justice Mumba.

"In fact if you look at the oath of a judge, accountability is included there."

Justice Mumba said there was nothing new about calls for judicial reforms as issues on the same were being discussed quietly by parties involved.

"Judicial reforms have always been called for except that, they have been discussed quietly," justice Mumba said.

"I mean, for instance, if you look at Lusaka, we have not got supporting systems for judges. These are some of the matters that have been discussed. That they are out in the open, I think there is nothing new for us," justice Mumba.

"People have always accused the Judiciary of corruption but then you see we have had the Anti Corruption Commission (ACC) for a long time. Nobody has gone there to give evidence and complain so they can investigate."

Justice Mumba said that general accusations and allegations would not get the country anywhere.

"The Commission has got the powers. So we just see these things (accusations of corruption) in the papers and we keep wondering why the Anti-Corruption Commission has not been informed because we are not a closed shop," said justice Mumba.

And lawyer Ludwig Sondashi says Chief Justice Ernest Sakala cannot exonerate himself from problems that are currently obtaining in the Judiciary because he is the head.

Speaking at a press briefing, Sondashi who is Forum for Democratic Alternatives president, said the resignation of justice Sakala was a necessary ingredient for cleansing the Judiciary.

"My position is very clear. I stated that the Judiciary is rotten. When the Judiciary is like that, it means even the head of that organ is involved," Sondashi said.

"I would really like to see the head go."

Sondashi, a senior lawyer, said he was not for the vague calls for reforms but for the executive to use its constitutional powers to remove the bad eggs in the Judiciary.

Sondashi said structural reforms alone were not what was needed but stern action on culprits to serve as a deterrent.

"What is needed is for the executive, which has power to remove rotten judges from the Judiciary. I don't think there is anything wrong with the law, which deals with the Judiciary because there is provision in the existing law for removing a bad egg, a bad judge to be dealt with," he said.

And Sondashi says he is disappointed that the current draft constitution has not reduced the powers of the President. Sondashi demanded that the technical committee on the constitution adopts clauses that would create a Titular President so that the President is divorced from active politics.