Maravi

LAZ backs Kabimba's approach on Judiciary reforms

LAZ backs Kabimba's approach on Judiciary reforms
By Moses Kuwema
Tue 18 Sep. 2012, 10:30 CAT

LAW Association of Zambia president James Banda says Zambians are interested in a judiciary that is functional, corrupt-free and credible.

Commenting on justice minister Wynter Kabimba's statement that the judicial reforms would be made in the form of a commission where people would be submitting their views on how the judiciary should operate, Banda supported the move saying public input was extremely important in the government's quest to reform the judiciary.

He, however, said a committee of experts should deal with certain issues in the judicial reforms.

"By the very nature of the judiciary being a specialised institution, you cannot expect all members of the public to submit on how the judiciary should function. What the members of the public are interested in is the judiciary which is functional, which is not corrupt, which delivers justice as quickly as possible. That is what we want, a credible, functional and corrupt-free judiciary," Banda said.

"Essentially, public input is extremely important and we accept that yes the public must have a say because this is their institution. Without the public input really, it will be difficult to gauge, to tell whether or not the confidence has been installed in the judiciary because you will have people continually criticising the judiciary as to its conditionality.

"Apart from that, there are other issues where you need experts to examine, experts from the other regions, SADC or Commonwealth to help us how we can improve the functioning of our judiciary."

Banda said the rationale behind having the public's input in the reforms was to restore public confidence in the judiciary.

Banda said the committee of experts on the other hand could look at what should be done to improve the justice system in Zambia.

"You do not need the whole country per se to be involved. You can have a committee of experts who are independent and who have no allegiance to a specific individual. We have got plenty of these people in Zambia and in the Commonwealth region who can help with this process," he said.

Banda said the committee of experts would not be confined to what they have in their minds.

"They can go out and get views from other people... members of the public so in that way, the public can be consulted and involved in the process. The judicial reforms are not like the constitutional-making process where you need the people to be involved from start to finish. Yes to a large extent because the judiciary deals with the public and you need their input but of course there are certain specialties, which experts have to look at," he said.

Asked what those issues were, Banda said the issues were quite many and broad based.

"There are certain issues like on the rules of court. What type of evidence can be allowed in court? How can the proceedings be conducted to make them more efficient or speedy, child friendly or gender friendly? Those are technical issues, which you will need experts who have dealt with these things in other jurisdictions to look at," he said.

Banda, however, said LAZ was in discussions with the Ministry of Justice and that everyone had agreed to the need for reforms to be carried out. "There is no antagonism in the discussions that we are having and we hope that at the end of the day we will come up with a position which will be for the benefit of the judiciary and restore its position of adjudicating on all issues of conflict," said Banda.

Labels: LAZ, WYNTER KABIMBA

posted by MrK @ 1:44 PM