Zulu explains Sakala's exit
By Bright Mukwasa, Ernest Chanda and Henry Sinyangwe
Sat 16 June 2012, 13:30 CAT
FORMER chief justice Ernest Sakala and his deputy Dennis Chirwa requested to go on leave pending their retirement, says justice minister Sebastian Zulu. And LAZ president James Banda says he is hopeful the two senior justices would join other stakeholders to achieve meaningful reforms in the Judiciary as well as the legal profession.
President Michael Sata on Friday appointed justice Lombe Chibesakunda acting Chief Justice replacing justice Sakala. He also replaced justice Chirwa with justice Florence Mumba.
"Justice Lombe Chibesakunda was appointed to act because the former Chief Justice Ernest Sakala has requested President Sata to go on leave pending their retirement," Zulu told journalists yesterday.
"So the move was from the judges themselves not us…and we have got to do the reforms. We are together with judges, we are on the same side with the judiciary."
Zulu also described the move to appoint female justices to head the Judiciary as progressive.
And Banda said LAZ would remain focused on the structured process of judicial reform which they had already embarked on.
Banda said the legal fraternity had every confidence that justices Chibesakunda and Mumba would, in the period that they were acting, help to move the process of reforms forward.
"As we welcome the appointments of justices Lombe Chibesakunda and Florence Mumba as acting Chief Justice and acting deputy Chief Justice respectively, and notwithstanding that the appointments are only in an acting capacity, it is our sincere hope that the two honourable justices will get the Judiciary to work with the Law Association of Zambia and other stakeholders to achieve meaningful reforms in the Judiciary as well as the legal profession," Banda said.
"We have always believed that the Judiciary itself should take the lead in this process of correcting matters and not allow a situation where reforms are forced on it due to inertia or lack of initiative on the part of the Judiciary. Introspection is very cardinal in this respect."
Banda thanked Justices Sakala and Chirwa for their long service and wished them well.
And FODEP has commended President Sata over the duo's appointment.
During a press briefing yesterday, Forum for Democratic Progress (FODEP) president Shepherd Chilombe, said his organisation felt delighted with the continued recognition of women in key decision-making positions.
FODEP feels delighted by his Excellency President Sata's recognition of women in key decision-making positions such as the ACC, police, and more recently the judiciary. We strongly feel that this gesture speaks volumes of government commitment in meeting the SADC requirement of 30 per cent of women representation in key decision-making positions, said Chilombe.
Labels: DENNIS CHIRWA, ERNEST SAKALA, JUDICIARY
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Our judges truly need prayers
By The Post
Sat 09 June 2012, 13:00 CAT
DIVINE intervention is required in our Judiciary because things are out of control, things have gone horribly wrong. Integrity, honesty and leadership are no longer there. What we have today is a Judiciary dominated by crooks, by dishonest people who have no problems telling lies.
And we can say this with confidence because some of them have lied about us and have continued to do so without shame. And at the helm of this disgraced Judiciary is Ernest Sakala. Truly, our judges need prayers.
And Sakala's request to the Church to pray for judges is timely. As Sakala has correctly observed, we need to remember our Judiciary in our prayers, and to pray for the judges especially. This is so because some of them have lost "the moral fabrics of the adjudicators".
Our judges truly need Bibles because some of the things they do can only be done by people with evil minds. The Holy Bible teaches us that "it is wrong for a judge to be prejudiced. If he pronounces a guilty person innocent, he will be cursed and hated by everyone.
Judges who punish the guilty, however, will be prosperous and enjoy a good reputation" (Proverbs 24:24-25); "Don't give evidence against someone else without good reason, or say misleading things about him" (Proverbs 24:28); "If you plant the seeds of injustice, disaster will spring up, and your oppression of others will end" (Proverbs 22:8); "When justice is done, good people are happy, but evil people are brought to despair" (Proverbs 21:15); "It is not right to favour the guilty and keep the innocent from receiving justice" (Proverbs 18:5); "Condemning the innocent or letting the wicked go - both are hateful to the lord" (Proverbs 17:15); "Respected people do not tell lies, and fools have nothing worthwhile to say" (Proverbs 17:7); "Do not plough the ground to plant seeds of injustice; you may reap a bigger harvest than you expect" (Sirach 7:3); "Do not set your heart on being a judge, unless you have the strength of character it takes to put an end to injustice…" (Sirach 7:6).
Yes, as Sakala says, judges need prayers. But so do the people who are victims of our judges' corruption and abuse of power. They too need prayers, probably more than the judges do. There is no need for Sakala to make it seem as if the judges are victims, are on the receiving end.
No! They are not victims - the victims are the people who have been made to suffer the consequences of their corruption and abuse of judicial power. It is important to admit things when they are wrong and you avoid embarrassment.
Sakala says that if the reforms in the Judiciary mean dismissing the Chief Justice and judges, then he was not competent to comment. The current Kenyan Chief Justice has no problems seeing to it that corrupt judges are dismissed, including the Chief Justice. It's not okay to keep people in public offices they have disgraced.
There should be a resolute effort to hunt every such man out of the position he has disgraced. Our plea is, not for immunity to but for the most unsparing exposure of everyone, including judges, who betrays his trust. And in saying this, we are not in any way preaching hatred against anyone.
We don't believe in the law of hate. We may not always be true to our ideals, but we believe in the law of love, and we believe you can do nothing with hatred. We would like to see a time when man loves his fellow man and forgets all other descriptions. We will never be civilised until that time comes.
We are told in the bible, as quoted above, that it is wrong for a judge to be prejudiced. And if he pronounces a guilty person innocent, he will be cursed and hated by everyone. These are some of the things that are today backfiring on our judges.
For too long they have been passing judgments that don't make sense, that are corrupt, that favour certain interests. And today because of this they are being cursed, they are hated, as the bible says, by everyone.
Dismissing incompetent and corrupt judges should be part of any serious reform of the Judiciary. Sakala doesn't want this to happen. He wants every corrupt and incompetent judge to remain in their jobs! Why? For what? What type of reasoning is this? What type of reforms is Sakala talking about or calling genuine?
Genuine reforms take out everything that is rotten, that is not working and replaces it by something new that promises to work. The truth is that Sakala is defensive about his Judiciary because he is responsible for the rot that has been going on, that is going on. Sakala has failed to provide the required competent leadership our Judiciary requires.
And he can't today claim to have performed his duties with sufficient competence, honour and integrity. We say this because in our own case, Sakala has given contradictory statements which border on lies and dishonest. Honesty is required in every leadership position, more so in the Judiciary where there has to be adjudication of differences among people.
In other countries Sakala would have been dismissed from the Judiciary a long time ago for unprofessional behaviour. Sakala is today defending that which cannot be reasonably defended because he is part of it. Sakala is at the helm of this rot. Why shouldn't he be dismissed?
The Zambian taxpayer cannot be expected to pay for that type of service. More is expected of our judges because they are well-remunerated and well-protected. In fact, the people are not protected against some of their corrupt decisions.
The people need more protection today from corrupt judges than the judges need from the people. And more prayers should be directed towards the people than the judges because the people need more protection, more help than the judges who are in a very powerful position. Nothing can happen to them.
If you want to make them accountable they simply use their courts to protect themselves from being made to account for their misconduct, their transgressions and mistreatment of others. What further protection do our judges need when they have proved themselves to be untouchable, omnipotent?
No institution can touch our judges today. They can lord over others but no one can ever attempt to straighten them. Probably the only prayers they need more of are those intended or designed to stop them from mistreating others, from abusing the judicial powers vested in them.
It is interesting to see some of the worst criminals in robes pretending to be victims. What victims can these corrupt elements claim to be?
It's good Sakala's contract which was given to him by Rupiah Banda after he had reached retirement age is coming to an end in August. There will be no need to renew it. The man has nothing to offer but destruction.
The anarchy we are seeing today in the nation is as a result of his failure to lead the Judiciary in the right way. Look at those very close to him and examine their behaviour! They are the most indisciplined. They are the ones being accused of corruption. What type of Chief Justice is this? What type of leadership is Sakala providing to our Judiciary?
It is good religious leaders went to offer our judges Bibles and prayers. We hope they will read those Bibles and learn the teachings and wisdom contained in them and change their behaviour.
We need religious institutions to continue to be the conscious of society, a moral custodian and a fearless champion of the interests of the weak and downtrodden. All our key religious leaders and institutions in this country have in a very strong way called for reforms in the our Judiciary.
Sakala doesn't see the urgency of this and thinks it's business as usual claiming the reforms in the Judiciary started long before the public outcry as he has said before. It's good he at least recognises that there is a public outcry for reforms in the Judiciary.
But instead of being defensive, he should be asking himself what has generated this public outcry. Of course, Sakala tries to play down every call for reform and he tries to play semantics with the so-called genuine reforms. But who has defined these so-called genuine reforms?
We are lucky as a nation that the reforms will not come from Sakala - the matter is beyond him. And as the Law Association of Zambia correctly observed, the current leadership of the Judiciary has no capacity to carry out the reforms required in our Judiciary by our people.
And it is for this reason that Sakala and his cabal of incompetent and corrupt judges must go. If Sakala knew what genuine reforms are required and had implemented them, there wouldn't be this public outcry for reforms. He can't today claim that nobody in the Judiciary is resisting reforms, particularly genuine reforms.
They are resisting and they are using their offices to do that. And if there was no resistance of genuine reforms, Sakala wouldn't be Chief Justice today because genuine reforms would have swept him aside a long time ago.
Labels: ERNEST SAKALA, JUDICIARY
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Sakala asks church to pray for judges
By Namatama Mundia
Sat 09 June 2012, 13:00 CAT
CHIEF Justice Ernest Sakala has asked the Church to pray for judges especially during this period. Speaking after he received 55 Bibles from Save Rural Africa Foundation president chief Chipepo at the High Court yesterday, justice Sakala however, said there was nobody in the Judiciary who was resisting judicial reforms particularly genuine reforms.
He said if reforms in the Judiciary meant dismissing the Chief Justice and judges, then he was not competent to comment but added that genuine reforms were welcome.
Justice Sakala said reforms in the Judiciary started long before the public outcry as he had said before.
Justice Sakala asked the Church in the country to continuously remember the Judiciary in their prayers, especially the judges.
"…when the Judiciary has attracted so much attention from members of the public as well as from the Church, including some members of my own church, the Catholic Church," justice Sakala said.
"But despite the different views that have been expressed by many people, including the Church about and on the Judiciary, on one thing we are all agreed. That is, that we all need an independent and accountable Judiciary because without it, there would be anarchy in our country."
On Thursday, Lusaka Catholic Archbishop, Telesphore Mpundu said the Judiciary should be dissolved if it continued to resist reforms.
Archbishop Mpundu said the Judiciary was not a sacred cow that should be left untouched when it made mistakes.
Several stakeholders too have asked justice Sakala to resign to pave way for robust judicial reforms.
Law Association of Zambia president James Banda when beginning his term of office said that the professional body would ensure that it restored and maintained the integrity of the Judiciary.
But justice Sakala then responded to Banda that the Judiciary would wait to see how LAZ would restore the Judiciary's integrity.
During the opening of the High Court criminal sessions for 2012 in Lusaka, justice Sakala said he was not sure if LAZ was aware of the challenges being faced by the courts.
"I have seen in the press today where LAZ is talking about restoring integrity to the Judiciary. We will wait to see how LAZ will do that. I am not sure if LAZ has any idea of the challenges faced by the judiciary," he said then.
Copperbelt University student leaders also argued that justice Sakala had openly shown how partisan he was under Rupiah Banda.
Yesterday, justice Sakala said that the concept of legal and judicial reforms was accepted by all of them adding that it must not be understood to mean the destruction of the Judiciary but the improvement of the Judiciary.
"Individuals will continue being appointed as judges or even as chief justices, but their time to leave will come and they will go. But the judiciary as an institution, will remain and will continue," he said.
Justice Sakala said he does not believe that the presentation of the Bibles to the judges was simply a mere coincidence that the Foundation chose this particular time to present them.
"In my view, you must have been inspired to choose this time. The inspirations must have come about because the Holy Bibles contain good news. Yes, there could have been no better time for presenting the good news to the judiciary than now. For obvious reasons, I do not intend to elaborate on this," he said.
Justice Sakala said the presentation of the Bibles to the adjudicators symbolised the importance which the Foundation attached to the moral fabrics of the adjudicators.
He said he considered the Bible to be a higher constitution, which embodies all the constitutions and laws of the world.
Justice Sakala said the presentation of the Bibles marked an indelible milestone in the history of the Judiciary.
And chief Chipepo said there would be revival in the Judiciary and people would start smiling.
"There will be nobody who will talk ill about the other," he said.
Chief Chipepo said judges were a group of people who needed to be respected at all levels.
"You can't talk ill about a judge just like you can't talk ill of a President," he said.
And Pastor Wisdom Gondwe prayed for justice Sakala and other judges that God should lead them and the Judiciary where he wants them to be.
He also prayed for God's protection over the judges.
Labels: ERNEST SAKALA, JUDICIARY
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Judiciary staff want Chief Justice Sakala out
By Roy Habaalu
Mon 21 May 2012, 12:40 CAT
JUDICIAL and Allied Workers Union of Zambia president Peter Mwale says Chief Justice Ernest Sakala's resignation is unavoidable.
Briefing journalists in Lusaka yesterday, Mwale said Zambia desired a judiciary that was not dented or justifiably perceived negatively by the general public.
He said the Judiciary was currently being labelled as corrupt by Zambians, and members of the Judiciary should not live in denial.
Mwale said the public calls for justice Sakala to resign were overwhelming.
"It's indisputable that the Judiciary has to be clear on these allegations and obviously we can't clear ourselves, we need help and it's certain that this help shall only come via the executive arm of government.
We are convinced that this Executive intervention can only come through comprehensive judicial reforms. That's why as a union, we strongly feel that judicial reforms and the resignation of the head of the Judiciary, His Lordship the Chief Justice Mr Ernest Sakala are unavoidable at this point of our history," he said.
"We should not be in denial. This Judiciary is finished. It's gone in so far as public perception is concerned. Members of the public think lowly of the Judiciary and its officers thereof. The fact of the matter is that the public view the Judiciary as a high-handed or autocratic corrupt institution whose main objective is self-preservation. Surely no employee can serve such an institution with commitment and vitality."
Mwale said there was need for judicial reforms.
He said justice Sakala had done his part and it was now time for him to take a back seat and allow comprehensive reforms to take place in the Judiciary.
He said judicial reforms in Zambia were a must and the nation would only have meaningful reforms with a new face as head of the bench.
Mwale said Judiciary employees were tired and demotivated due to numerous allegations of corruption within the institution that had arisen.
"As workers we want to work for judges and with judges who will be well-regarded by society. The truth is we can't be respected as an institution if we are refusing to be scrutinised. Let's not behave like a secret society by resisting checks and balances. We should all be accountable to the Zambian people. If politicians who are elected officers can submit to accountability and transparency, what about the Judiciary?" he wondered.
Mwale advised judges not to be misled by people who presided over similar situations in the past.
"Some of these so-called senior lawyers we see frequenting our corridors and judges' chambers, pretending to be defenders of the Judiciary are not genuine. Theirs is a self-serving mission. They represent no one but their ego, so be warned," he said.
He said the Judiciary was unhinged and Zambians could vividly see it in the frantic propaganda claims by certain 'injudicious' and hired elements.
Mwale said given the debate surrounding the Judiciary, there was no better person to provide a truthful outlook on the matter than judicial workers.
He said it was common knowledge that the Judiciary was confronted with numerous allegations of corruption and misconduct and as judicial workers they refused to live in a fantasy world.
On Friday, Chongwe PF member of parliament Sylvia Masebo called for justice Sakala's resignation because of alleged corruption in the Judiciary.
On Saturday, Nkana PF member of parliament Luxon Kazabu said justice Sakala would not only be saving the image of the Judiciary by resigning but also his own integrity which had been called into question.
Kazabu said reforming the Judiciary had become very urgent and it should start with the removal of justice Sakala.
Labels: ERNEST SAKALA, JUDICIARY
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Justice Sakala must go, demands kazabu
By Chiwoyu Sinyangwe
Sun 20 May 2012, 13:40 CAT
CHIEF Justice Ernest Sakala will not only be saving the image of the Judiciary by resigning but also his own integrity which has been called into question, says PF Nkana Constituency member of parliament Luxon Kazabu. Kazabu said reforming the Judiciary had become very urgent. Kazabu said judicial reforms should start with the removal of justice Sakala.
"In any cilivised society, when a person heads an institution whose standing and integrity comes into question, the honourable thing to do is step aside to preserve your own integrity and to protect the image of the institution," Kazabu said.
"On that basis, my own view is that it is for the good of the Chief Justice to reflect on what has gone on concerning in the institution that he heads, not just because of the current issue, but the questions that have been raised in the past regarding the performance of the Judiciary in general."
Kazabu said time had come for our institutions of governance to observe moral standards and indeed values.
"You head an institution and people raise questions regarding the functioning of an institution, purely on that value, on that moral, you should be able to say, 'I think I have a reputation to protect. So, I am stepping aside'," he said. " 'I am also doing it so that the image and integrity of the institution is protected'. That is how I expect us as Zambians who are privileged to hold such key positions to behave. To bury your head in the sand and pretend that all is well is not correct."
Kazabu said there was also need to reform the Judicial Service Commission to make it more responsive to public good and an effective watchdog on the Judiciary.
"The Judicial Service Commission comprises among other commissioners the Chief Justice himself as the head and I don't think with that kind of arrangement, the Judicial Service Commission can play its oversight role effectively," Kazabu said. "It's like you ask a fish to empty its own pond.
It can't because if the bond becomes empty, it will die. The reforms in the Judiciary have become very urgent which will include among things having an autonomous Judicial Service Commission so that the commission can play its oversight role effectively. But at the moment, the Chief Justice is a member, supposing he is the one people are asking questions about? How do you expect him to cleanse the institution he is heading?"
Kazabu also praised President Michael Sata for keeping justice Sakala who had shown open despise for the Republican President after refusing to shake hands with him when he was in opposition.
Kazabu said he could not rule out the possibility of the previous hostile attitude of justice Sakala towards President Sata reflecting in the current relationship between the Executive and the Judiciary.
"Despite that incident which most of us saw, he has kept the Chief Justice," said Kazabu. "Most of the leaders, the Chief Justice would have been among the very first casualties. So, it is encouraging that the President could be above board notwithstanding that which could have happened in the past. I think that is one thing personally I give the current President high marks."
Labels: ERNEST SAKALA, JUDICIARY
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‘Our Judiciary needs a revolution'
By The Post
Tue 03 Apr. 2012, 13:00 CAT
IT is difficult to understand or appreciate why anyone can fail to see the need for reforms in our Judiciary. It is surprising that the Chief Justice of our Republic, Ernest Sakala, does not see the need for urgent reforms in the Judiciary. We say this because in a more or less mocking manner, justice Sakala last Friday said it was not clear to him how the reforms being agitated for in the Judiciary might be conducted. And this was not the first time justice Sakala was saying such things.
After a letter by James Banda, the president of the Law Association of Zambia, dated January 11, 2012 to the Minister of Justice, Sebastian Zulu and copied to the Chief Justice and the Attorney General on the need for urgent reforms in the judiciary, justice Sakala's response was to mock James: "I have seen in the press today where LAZ is talking about restoring integrity to the Judiciary.
We will wait to see how LAZ will do that…" It is very clear that justice Sakala is not interested in reforms and sees any talk of reforms in the Judiciary as an attack on himself.
Truly, the Law Association of Zambia has made it clear that the Judiciary is facing a leadership challenge which should be addressed for any meaningful reforms to be undertaken.
And it would appear that as long as justice Sakala is at the helm of our Judiciary, no meaningful reforms in that very important institution of our state will take place.
As the Law Association of Zambia correctly stated in its letter, "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 security of tenure."
It is understandable why today, Rodger Chongwe, a very senior lawyer, is saying that we need a revolution on reforms in the Judiciary. Like James, Rodger is saying that our Judiciary has many problems emanating from poor leadership.
Whose poor leadership? It's certainly that of justice Sakala himself. And Rodger insists: "That revolution accompanied by competence, honesty and integrity; that's what we want.
We don't want anything which cannot be done. We can have integrity, we can be competent and we can do our work efficiently; that is no problem. So, we are not asking for too much….
He (justice Sakala) knows the manner in which judicial reforms should be conducted. For example, isn't it the Chief Justice who has been talking about poor funding to the Judiciary? The major problem that has affected the Judiciary is corruption.
There has been a lot of corruption starting from the Supreme Court down to the local courts. That is why the public has lost confidence in our Judiciary. There are in fact some of us who feel that perhaps the first thing we should do is ask our judges to re-apply for their positions.
And in the applications, we will demand that they give us copies of the judgments that they have written and delivered, for examination by experts if there is need for them to go back to the bench…There is need for judicial reform because everywhere else, that is what is happening.
The Chief Justice himself and some of his colleagues have repeatedly denied the existence of corruption within the Judiciary…" This is what Rodger thinks. But there are many other senior lawyers who think the same way.
Some are even suggesting that the best way to proceed with our judicial reforms is to appoint a commission that will sit in camera to hear complaints of corruption, incompetence, inefficiency about every judge. And the concerned judges will be asked to explain themselves.
At the end of the day, everyone will be asked to re-apply and those who feel they don't qualify, given what is known about them, will be advised to resign on their own. If they refuse to resign, a tribunal will be appointed to hear complaints about their misconduct or incompetence.
If they resign, they will be given their terminal benefits like every other public servant who resigns. If they are fired after a tribunal hearing, they will definitely stand to lose more.
This is the approach Kenya had taken to rid itself of a rotten and corrupt Judiciary. They literary had to start afresh. We may need to start afresh because our Judiciary in certain key aspects is rotten to the core. Of course, this is not to say that every judge or magistrate in our Judiciary is rotten. No. There are some good judges and magistrates.
In any discipline, there are people who pursue it with honour and with decency and there are those who don't. To say that every judge and magistrate or even local court justice in our Judiciary is corrupt wouldn't be accurate or fair.
Much of the linkage may be said to be unjustified, unfair or inaccurate, but since it is what people thought - what people still think - it must be appreciated as a deeply-felt mistrust, rather than a momentary dissatisfaction.
It cannot be dismissed as a mere perception. It is not just about poor funding of the Judiciary as justice Sakala would like everyone to believe. There is a problem of failure of leadership and corruption in our Judiciary that we cannot afford to continue denying.
It must also now be clear to everyone that justice Sakala is not the man to lead these reforms because he is clearly not interested in any of such talk. But with or without justice Sakala, our Judiciary will be reformed in a manner that meets the aspirations of our people.
After all, justice Sakala is a man of the past not of the future of our Judiciary. His time has passed and his retirement should have started a long time ago, had it not been for the contract that was extended to him by Rupiah Banda.
We need a forward-looking leadership to carry out the necessary judicial reforms our people are legitimately demanding. As the Law Association of Zambia has correctly pointed out, "…the current leadership of the Judiciary would find it difficult to embrace and carry out the reforms we will be proposing".
This is a Judiciary that has to a large extent lost its sense of accountability to the public and which sees judicial independence and accountability as inconsistent.
And for a long time, it has seen itself as untouchable, ungovernable. But those days are gone and gone forever when respectful deference and fearful silence was the order of the day. Today, there is a great realisation among our people that no section of our nation, of our state has all the virtues, neither does any has all the vices.
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They are sure that most people try to do their jobs as best they can, even if the result is not always entirely successful. They also do realise that he who has never failed to reach perfection has a right to be the harshest critic.
There can be no doubt, of course, that criticism is good for people and institutions that are part of public life. And no institution should expect to be free from the scrutiny of those who give it their loyalty and support, not to mention thos who don't.
We truly need a revolution on reforms in the Judiciary in the manner that Rodger, James and others in the legal fraternity and beyond are suggesting to give our Judiciary a new momentum and a breath of fresh air.
Labels: ERNEST SAKALA, JUDICIARY, ROGER CHONGWE
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Our Judiciary needs a revolution - Chongwe
By Ernest Chanda
Tue 03 Apr. 2012, 12:59 CAT
Our Judiciary needs a revolution, says Lusaka lawyer Dr Rodger Chongwe. Commenting on Chief Justice Ernest Sakala's statement that it was not clear how judicial reforms should be conducted, Dr Chongwe said the Judiciary had many problems emanating from poor leadership. He said it was important that public confidence in the Judiciary was restored through serious reforms.
"That revolution accompanied by competence, honesty and integrity; that's what we want. We don't want anything which cannot be done. We can have integrity, we can be competent and we can do our work efficiently; that is no problem. So, we are not asking for too much," Dr Chongwe said.
"Unless the Chief Justice was quoted out of context, but I'm made to understand that he knows the manner in which judicial reforms should be conducted. For example isn't it the Chief Justice who has been talking about poor funding to the Judiciary? The major problem that has affected the Judiciary is corruption. There has been a lot of corruption starting from the Supreme Court down to the Local Courts. That is why the public has lost confidence in our Judiciary."
He said he was of the view that the current judges be asked to re-apply for their positions.
Dr Chongwe said the process would be treated as part of the reforms so that there could be efficiency and honesty in the Judiciary.
"And there're in fact some of us who feel that perhaps the first thing we should do is ask our judges to re-apply for their positions. And in the applications we will demand that they give us copies of the judgments that they have written and delivered, for examination by experts if there's need for them to go back to the bench. But any way, that will be a revolutionary way of trying to reform our Judiciary," he said.
"So, at the moment I think that we should convince the Chief Justice and also the judges who work there that there's in fact need for the judges to be trained. There's need for judicial reform because everywhere else that is what is happening. In fact I would have thought that the reforms that we have been talking about would have already started in the first quarter of 2012. But now I realise that in fact nothing has started and everything is stagnant. And the law which is a dynamic institution and legal instrument, we are now told it is resting, that it is on holiday."
Dr Chongwe said if there was openness in the judiciary from the beginning, problems such as corruption would not have advanced.
He said it was unfortunate that even the Chief Justice could not openly admit that there was corruption in the judiciary.
"The Chief Justice himself and some of his colleagues have repeatedly denied the existence of corruption within the judiciary. And yet even when we look at our courts here in Lusaka; at the High Court, in the Supreme Court, in the magistrates court, not all is well. Corruption, inefficiency, delays are rampant; and yet this is the city of the Judiciary in Zambia," said Dr Chongwe.
"And this is where the Chief Justice who is the head of the Judiciary works from. If the Chief Justice of Zambia working from Lusaka does not at least once in a week take time and go round the courts to ensure that his judges are holding court on time, that the magistrates are actually sitting on time and that members of the public are not inconvenienced at least something will be done. But nothing of the sort happens. Now if nothing can happen in Lusaka to make judges, magistrates, local courts work according to schedule, then what about other centres where the chief justice is absent?"
He said the administration of the courts left much to be desired.
Dr Chongwe called for a Judicial Training Institute to train judges in methods of judging cases.
Labels: ERNEST SAKALA, JUDICIARY, ROGER CHONGWE
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Rupiah and his fears
By The Post
Fri 16 Mar. 2012, 12:00 CAT
RUPIAH Banda says he feels he is being persecuted by Michael Sata's government. And Rupiah says there is need to give each other respect so that the country moves forward and a way of resolving matters with him must be found before removing his immunity.
There is no one persecuting Rupiah and members of his family. Michael's government has treated Rupiah with a lot more respect than he had treated them when they were in opposition. Rupiah was ruthless and merciless with those who opposed him, those he detested.
But there is no element of revenge on the part of Michael and his government and others who Rupiah mistreated, persecuted. We can with all honesty and sincerity say we are part of the people Rupiah persecuted. Rupiah abused our country's judicial process to fix us, to punish us and destroy us.
And there were judges of our High Court and our Supreme Court who connived with him, who allowed themselves to be used in this attempt to crush us. And the Chief Justice of this Republic, Ernest Sakala, cannot in all honesty deny what we are saying. But there is no bitterness in us, there is no element of hatred or revenge in us. This can also be said about Rajan Mahtani.
Rupiah and his judges connived to finish off this man and his bank. These are also matters that can be proved. Rajan is lucky to be among the living today.
The pursuit of justice must be a fundamental norm of the state. And the rule of law requires equality before the law. If Rupiah and his sons did something wrong, the law, as Michael has correctly pointed out, should take its course.
We have adequate laws that govern the prosecution of a former president. Those laws should be followed if need be. If investigations reveal that Rupiah abused his office to enrich himself, his sons and his friends, he should be prosecuted. Doing this is not setting a culture that will follow every president after he leaves office.
Doing this is setting a culture that does not allow impunity among those elected to govern and administer the affairs of our country. Taken to the extreme, if we were left with only two choices to prosecute every former president for corruption or to allow impunity, a situation where a president steals from his people and goes scot-free, we would not hesitate to choose the former.
The need to respect each other also extends to respect for public property, for the rights and dignity of others. Stealing public resources or abusing public office is disrespect for others, for the rights and dignity of fellow citizens, people one is elected to lead.
Rupiah is suggesting that the government must find ways of resolving matters with him before removing his immunity. What matters? Let him give his suggestions on how these matters he is talking about can be resolved with him.
Let him state what he is offering on this score. But is this the way everybody who has committed a crime or who is suspected of having committed a crime should resolve matters? All of us should be given an opportunity of finding ways of resolving matters with the state before we are prosecuted or sent to prison! We are saying this in the light of the right to equality before the law or equal protection of the law, which every citizen should enjoy.
If Rupiah and his sons are innocent as he claims, let them do what people who feel they are innocent do: subject themselves to investigations and prosecution. When there were claims of Rajan having done something wrong at his bank and threats were being issued for his arrest, Rajan, who was in the United Kingdom attending medical treatment, abandoned that and came back home, against the advice of most of his friends, to face his accusers.
He didn't run away. His prayer was that if he had done something wrong, let him be taken to court so that he can have his day and clear his name. He was more concerned about clearing his name in court and not about the persecution he was indeed subjected to. Equally, when Rupiah was accusing us of having pocketed US$30 million from state institutions, our cry was: arrest and prosecute us if we have stolen anything from anyone.
Rupiah and his friends investigated us and found nothing. But they had no sense of honesty and dignity to tell the Zambian people that they had found nothing and kept on telling lies and insinuating all sorts of things. This is the man who today is talking about the need to give each other respect so that the country can move forward. What respect for others?
Rupiah has made it very clear that he knows where his son Henry is and he talks to him. Rupiah knows that Henry is wanted by the police here. If the Bandas are as innocent as they want to make us believe, why can't they ask Henry to come back and answer police questions? The truth is, in their heart of hearts, Rupiah and his sons know that they are not as innocent as they are claiming. They also know that nobody is persecuting them.
What they simply don't want is to be made accountable for the wrong things they did, for the crimes they committed. We all know that Rupiah has been working toward this impunity line for some time. In collusion with our discredited judiciary, Rupiah freed Chiluba from going to jail for corruption in order to establish a precedent, a culture where no president who steals goes to jail.
This was denounced long before Michael became president. This has nothing to do with Michael being president. And it doesn't matter who is president, the rule of law must always prevail and reign supreme.
It's clear that to Rupiah, what matters is his personal welfare and that of his close associates. He says he shed tears after his defeat in last year's presidential elections because his colleagues would lose jobs and their children would not go to school. But why should electoral defeat be so painful, so bitter and make an old man of Rupiah's age cry? As Joseph Clark observed, "defeat is not bitter unless you swallow it." It seems Rupiah swallowed it and it made him cry.
Jobs for Rupiah and his colleagues was all that mattered to them and not the plight of the 12 or 13 million other Zambians who did not have jobs in his government. Everything was about themselves and for themselves and by themselves. This is not behaviour that can attract respect for a leader or former leader.
If anyone has in his heart a vestige of love for his country, love for his people, love for justice, one cannot say the things Rupiah is saying. To save his job as president of our Republic and those of his colleagues, Rupiah was shameless and ruthless on those who opposed his rule.
He poured endless streams of lies and slander, poured forth in his crude, odious repulsive language all sorts of malice on his opponents, real and perceived. But the people of Zambia saw through him and refused to swallow his lies, insults and malice and voted him out.
To have believed him for a single moment would have sufficed to fill a man of conscience with remorse and shame for the rest of his life. Rupiah did not even attempt to cover up appearances. Rupiah and his men in our judiciary and other agencies of the state did not bother in the least to conceal what they were doing. They thought they had deceived the people with their lies and they ended up deceiving themselves.
They felt themselves lords and masters of the universe, with power over life and death. Of course, in every society there are men of base instinct - the sadists, brutes who guise themselves as human beings when they are nothing but monsters, only more or less restrained by discipline and social habit.
If they are offered a drink from a river of blood, they will not be satisfied until they drink the river dry. At their hands, and at the hands of their accomplices in robes, the best and noblest, the most valiant, the most honest Zambians suffered.
These tyrants, these corrupt elements called them crooks.
If respecting each other means allowing criminals of all hues to abuse our people, then there is a problem because the man who permits any man to trample and mistreat the country in which he was born, his people is not an honourable man, he is not a self-respecting man and one cannot respect others if one does not respect oneself. There must be a certain degree of honour.
And honour dictates that those who commit crimes against the people, those who steal the people's honour be tried for their crimes.
It is understandable that honest men had to suffer in a Republic where the president is a criminal and a thief.
Probably Rupiah knows very well what type of judiciary he has left behind and he knows that he will not receive a fair trial before it.
This is why he and his children are probably so scared of being prosecuted.
Labels: CORRUPTION, ERNEST SAKALA, FINANCE BANK, MICHAEL SATA, RAJAN MAHTANI, RUPIAH BANDA
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President Micheal Sata’s full speech delivered at the commemoration of the national youth day
TIME PUBLISHED - Monday, March 12, 2012, 5:45 pm
President Michael Sata was among hundreds of people witnessing the commemoration of the Youth day at the Freedom statue. The President led the defence chiefs, members of the diplomatic corps in laying wreaths, as the Zambia Army brass band played solemn music. As part of the celebrations, Cadet’s fired a 12- gun salute at the freedom statue. President Sata also took time to greet Chief Justice Ernest Sakala, Diplomats accredited to Zambia, PF party officials and Youths.
Mr. Sata also watched a match past by youths from various schools and organisations. Also present at the Freedom statue was Vice President Guy Scott , Cabinet Ministers, Members of the diplomatic corps and several senior government officials.
Below is the full speech delivered by the president at the occasion:
Speech by his excellency, Mr. Michael Chilufya Sata, President of the Republic of Zambia, at the commemoration of the national youth day on 12th march, 2012 Freedom statute, lusaka
Theme: “accelerating youth empowerment for sustainable national development”
Salutation:
Director of Ceremonies;
Honourable Chishimba Kambwili MP, Minister of Youth and Sport;
My Lord, the Chief Justice of the Republic of Zambia, Mr. Ernest sakala,
The Honourable Dr. Patrick Matibini SC, Speaker of the National Assembly;
Honourable Cabinet and Deputy Ministers;
Your excellency, Dr. Kenneth Kaunda, First President of the Republic of Zambia;
Your excellency, Mr. Rupiah Banda, Fourth President of the Republic of Zambia;
Secretary to the Cabinet, Mr. Evans Chibiliti;
Senior Government Officials;
Your Excellencies Ambassadors, High Commissioners and Representatives of International Agencies accredited to Zambia;
Distinguished invited guests;
The Youths of Zambia;
Members of the press;
Ladies and gentlemen:
Address:
It gives me great pleasure this morning to address this gathering, and through you, the nation at large on this important occasion of the national youth day.
Zambia every year celebrates 12th of march as national youth day to remember the contributions of the gallant youth of this nation for their role in the political independence of the country.
Now, the celebrations provide us the opportunity to review our performance of what we have achieved for the youth and to reflect on what we need to do in order to improve their well being.
Today is also an opportunity to the Zambian youth to express their views on issues affecting their wellbeing.
It is a day for the youth of Zambia to enjoy their rights and freedom and also to reflect on their obligations, responsibility and contribution towards national development.
This is also a challenge to every Zambian youth to tell the nation of what has been their personal contribution to self and national development.
It is a challenge to every Zambian youth to critically look at oneself to find out whether you are part of society’s problems or you are part of solutions to society’s problems.
It is time for a paradigm shift and repositioning oneself in an effort to contribute positively to national development.
Distinguished guests, ladies & gentlemen, the youth:
No country can attain its social and economic development goals without the active participation of the youth.
However, the Zambian youth are yet to play their positive role in the quest to promote youth participation in national development.
On our party, our government will guarantee educational and employment opportunities for the youth.
Government is seeking to address some of the challenges by using locally driven socio- economic initiatives to empower citizens while recognizing the important role the donor community plays in complementing such initiatives.
We are seeking an inclusive government and open our doors to all stakeholders in running the affairs of the state.
The theme for this year’s national youth day: “Accelerating Youth Empowerment for Sustainable National Development,” is very appropriate at a time when the patriotic front government has committed itself to empowering the youth to catalyze them to take up their right place in society.
In the past two decades the youth were not at the centre regarding their participation in the national development.
This has been due to inadequate resources targeted at youth development and as such, the majority of the youth in Zambia has remained unemployed, ill-educated and without formal skills to enable them earn a living.
It is therefore time we invested optimally in the youth and ensure that they participate in the socio-economic development of the country.
Distinguished guests, the youth, ladies and gentlemen:
May I take this opportunity to salute the Zambian youth for peacefully participating in the september 2011 general elections.
The peaceful change of government that took place is a true reflection of the entrenchment of democracy in our country.
We should indeed be proud as a people for such a remarkable achievement.
Now that elections are behind us, it is time for us all to focus on forging ahead with the development of our country.
On my part, I wish to reiterate my pledge to make Zambia a better place for all youths in line with the patriotic front vision which is, and I quote:“the citizens of this great land not only deserve better lives but are entitled to better living.”
To all the Zambian youths, I say it is time to put Zambia first in the interest of achieving our social and economic development.
You are therefore urged to participate by utilizing the available developmental programmes that are aimed at both empowering you and empowering the country.
My dear youths, country men and women:
Zambia this year celebrates forty-eight (48) years of independence amidst high poverty levels in the country.
Despite being endowed with a lot of natural resources, the country has continued to face staggering poverty and low formal sector employmentopportunities for our dear youths.
The recently pronounced economic growth characterized by the classification of Zambia as a middle income country is meaningless if it does not make noticeable impact on poverty reduction among our people especially the youth.
I would therefore like to see that the pronouncements in economic performance translate into substantial reduction in poverty indicators and creation of employment opportunities.
The challenge of our government is therefore to improve the quality of life of the Zambian youth especially those in rural areas.
Our goal is to achieve higher and sustainable economic growth that will uplift the well-being of our youth and the poor in our society.
To this end, the patriotic front government is introducing programmes to accelerate the socio-economic empowerment of citizens especially women and youths.
Offering employment opportunities for our people, especially many young men and women leaving educational institutions is critical to the fulfillment of the patriotic front manifesto which promises job creation and putting more money in our people’s pockets.
Distinguished guests, youths, ladies and gentlemen:
Our government shall concentrate its efforts on skills development and creating self-employment opportunities especially for the youths of our country.
The Patriotic Front electoral victory achieved in the 2011 tripartite elections is owed in large measure to our young generation.
It is them who were among the large numbers of our citizens that worked so hard to bring about the desired change last year.
We therefore owe them jobs by creating employment opportunities when they graduate from colleges, universities and skills training centres.
This shall be done through equipping the youth with skills and business enterprise know-how and the financing needed for self-employment and entry into the formal sector.
My government has in the last five months of our being in office made tremendous strides in trying to improve the wellbeing of our dear youth and these include:
i. Construction of district youth skills training centres—our government has provided for more than K10.3 billion in this year’s budget for the construction of district youth skills training centres and rehabilitation.
We are currently constructing twelve (12) centres in all the ten provinces.
Once complete, these centres will offer vocational and life skills to the youth for improved and sustainable livelihoods.
Our government has further provided K50 billion in this year’s budget for youth skills training development.
All these measures are meant to put more money in the pockets of our youths.
ii. Youth development fund: the pf government realizes that the youths face a number of challenges to access money from banks and other financial institutions.
This has hampered many young people from venturing in business for wealth and employment creation.
Therefore government has provided K11 billion this year for the promotion of youth enterprise development and provide less cumbersome and cheaper finance.
I am therefore challenging all the youths countrywide to come up with viable project/business proposals so that they can access the money to create their own businesses and be able to positively contribute to national development.
Your government is committed and determined to come up with initiatives that are meant to provide a framework for an informed and effective support in the design, monitoring and evaluation of policies and programmes that will promote productive and job-rich growth for our Zambian youth.
It is my desire that the patriotic front government shall achieve the following in the next five years:
i. Design and include youth employment strategies in national development frameworks;
ii. Improve the livelihoods and employability for the youth; and
iii. Establish sustainable political will, leadership and technical capacity for achieving results on youth employment creation.
I therefore call upon the Honourable Minister of Youth and Sport to initiate the process of coming up with a detailed programme and action plan on youth empowerment.
This should be reflective of national circumstances and should take into account consultations with stakeholders among them, the youth, the united nations agencies and the commonwealth youth programme through well organized and coordinated national youth consultative forum.
My office expects to receive the final draft of the action plan on youth empowerment in Zambia by the 30th september, 2012.
Distinguished guests, dear youths, ladies and gentlemen:
I am aware that the absence of the office of the district youth development officer is negatively affecting delivering services to our dear youths.
I therefore direct the permanent secretaries at the public service management division and ministry of youth and sport to expedite the process of establishing and filling the office of the district youth development officer.
This shall enhance service delivery and ensure accelerated empowerment for the youth.
Furthermore, you should ensure that all district youth vocational training centres are adequately and appropriately staffed including the newly constructed centres.
Distinguished guests, dear youths, ladies and gentlemen:
I now wish to thank organisations and cooperating partners who have jointly worked with my government in making this year’s youth week and day celebrations successful.
I further wish to thank the youths of Zambia through various youth organizations, government ministries, private sector and public institutions for their participation in the march past today and other activities during youth week.
I thank you and may God the Almighty richly bless the Republic of Zamba and its people!
Labels: AFRICAN YOUTH DAY, ERNEST SAKALA, MICHAEL SATA, SPEECHES
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Sakala urges financial autonomy of judiciary
By Edwin Mbulo in Livingstone
Fri 09 Mar. 2012, 11:59 CAT
JUSTICE dispensation is not cheap anywhere and that is why we need full financial autonomy, says Chief Justice Ernest Sakala. And UNICEF chief child protection officer Amanda Bissex said courts can be powerful tools for shaping children's lives.
Speaking on Wednesday when he commissioned the Livingstone High Court holding cells and magistrates chambers, justice Sakala (left) said despite being fully autonomous, the judicial system was not financially independent as budgetary allocations were erratic.
"Financial autonomy can only be the resolve to attain and enhance the protection of special rights of children in the criminal justice system. We have attained autonomy but we need financial autonomy; that is why I have repeatedly called on the government to make us financially autonomous," justice Sakala said.
He said judicial employees have continued to operate under hard condition but still worked hard.
"The infrastructure is vexing as most of the buildings were built in pre-independence era and some provincial headquarters do not have High Court buildings, there is need to construct more court infrastructure," he said.
Chief Justice Sakala appealed to the judicial members of staff to remain calm as their concerns were being addressed.
He said the judiciary has resolved to positively contribute to the child justice system which gives effect to a child-friendliness in Zambia.
Justice Sakala appealed to other provincial judicial stakeholders to emulate the Livingstone system which enables separate transportation of children facing criminal prosecution.
And Livingstone High Court judge-in charge Ernest Mukulwamutiyo said while the rights of children in conflict with the law may be catered for at the courts, it remained a big challenge for the police to separate children from adults in police custody and when in transit to and from courts.
He said the court building built in the 1920's had a 3x3-meters holding cell which was demolished upon the Chief Justice's approval to construct a modern facility.
"Two magistrates were sharing one chamber which made it extremely difficult for them to effectively and efficiently discharge their adjudicative functions," said judge Mukulwamutiyo.
And Bissex said a child friendly court was an important component of justice for the children.
"I wish to commend the Livingstone Child Justice Forum and the High
Court for this good initiative of constructing these holding cells and waiting rooms for children. Having such facilities reduces stress for children and helps create a conducive atmosphere for mediation," said Bissex.
Labels: ERNEST SAKALA, JUDICIARY
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Sata appoints Chirwa to act as Chief Justice
By Kombe Chimpinde
Sun 22 Jan. 2012, 13:58 CAT
PRESIDENT Michael Sata has appointed Justice Dennis Chirwa to act as Chief Justice in the absence of Chief Justice Ernest Sakala who will be out of the country between February 6 and 11. President Sata has further appointed Justice Lombe Chibesakunda as acting deputy Chief Justice.
State House special assistant for press and public relations George Chellah stated that the appointment of justice Chirwa which is in line with Article 93 (3) of the Constitution has been necessitated by the absence of the substantive holder of the post.
And Attorney General Mumba Malila explained that the President, as the appointing authority, had the powers to appoint senior members of the judiciary to act as Chief Justice in the absence of the office holder.
"It is not unusual that the President has appointed someone to act as Chief Justice. As you may be aware, the Deputy Chief Justice Irene Mambilima who should have acted as Chief Justice is assigned other duties as chairperson of the Electoral Commission of Zambia," said Malila. "In that case, the President can appoint someone else to do that."
Chief Justice Sakala is currently facing enormous pressure from society, including members of the legal profession, calling for his resignation. The legal practitioners have also called for a complete review of the Judiciary.
And President Sata has appointed Bert Mushala as North Western Province permanent secretary. Mushala replaces Dr David Shamulenge who has been transferred to the Ministry of Agriculture and Livestock in the same capacity.
President Sata has also appointed Austin Sichinga as Zambia's deputy ambassador to Italy.
Meanwhile, President Sata has created Chilanga as a new district.
Chellah confirmed the developments in a media statement.
Recently, President Sata created four districts in Southern, Western and Northern provinces, respectively. The newly created districts are Chikankata, Chirundu, Mulobezi and Nsama.
Labels: CHIEF JUSTICE, DENNIS CHIRWA, ERNEST SAKALA, JUDICIARY, MICHAEL SATA
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Judiciary will cleanse itself only when Sakala steps down - Fr Luonde
By Darious Kapembwa, Ernest Chanda and Allan Mulenga
Thu 19 Jan. 2012, 13:59 CAT
THE Judiciary will cleanse itself only when Chief Justice Ernest Sakala steps down, says Father Richard Luonde.
Backing calls for Justice Sakala to step down, Fr Luonde, an Anglican priest based in Kitwe, said it was morally wrong for Justice Sakala to wait to be fired when he himself knew that he was not supposed to continue in that position based on his past conduct.
"Public officers are suppose to exhibit maximum professionalism even under very difficult circumstances," Fr Luonde.
"Justice Sakala refused to shake President Sata's hand when the president was in opposition, what was he telling us about his Judiciary? Zambian people will not support Justice Sakala even if he began to show that he was correcting his image and that of the Judiciary because his is a very sensitive institution that should be protected from any form of public ridicule. But he failed to do that, so he should go. Sakala must go," said Fr Luonde.
He said justice was not just a public interest matter but also a moral issue that anyone in justice Sakala's position with a conscience could have done by now.
He said Justice Sakala was clearly not himself after the last elections.
"For those of us that have done sociology and psychology, you can easily tell that the man is not himself whenever he appeared in public at state functions, so why clinging on to the position if your stay threatens the integrity of such an important institution?" he asked.
And senior chief Bright Nalubamba of the Ila people in Namwala district says the government should stop employing judges on contract.
Adding his voice to calls for serious reforms in the Judiciary, Nalubamba said Justice Sakala and all judges on contract should step down to leave room for reforms.
Nalubamba observed that it was because of serving on contracts that leaders in the Judiciary became vulnerable to government control.
He said if the same people were in office during the reforms, they would frustrate the process.
"They should not be employed on contract to ensure they're independent. Then we can have a fair and good judiciary so that this corruption we see around can be avoided," Nalubamba said.
"The fact that these people are on contract they can also try to appease the leadership, like we saw in the just ended administration, you find all the judgments are just biased. People could not even go to the higher courts for intervention; they went outside court for intervention"
He said the Law Association of Zambia was right in joining the call for judicial reforms, which the public had been crying for.
Nalubamba said it was such reforms that would result in an independent Judiciary that would eventually regain public confidence.
And Nalubamba said the government should seriously consider the call from LAZ and support it.
He said the onus was on the government to start the judicial reform process by doing its part.
"That should be the message to the people of Zambia from the government side; they should support LAZ's motion. If they do that they will deliver the message to the people that they are for fair justice delivery in this country. I expect them to respond as a matter of agency," said Nalubamba.
"In fact, I want to believe that the current administration suffered at the hands of a Judiciary which was not so independent, a Judiciary which was directed by the administration on what to do. And if they can't take this as an opportunity for them to clear this notion so that we shall have a dependable justice delivery, then I'll be very disappointed."
And Council of Churches in Zambia general secretary Reverend Suzanne Matale says President Michael Sata must take the call for judicial reforms seriously.
Rev Matale, in an interview, said there was public outcry about the operations of the Judiciary.
"The call for reforms is long overdue and we hope and trust that this can be taken very seriously and that the reforms could start now, so that in the few months time we can have the Judiciary that we can be proud of. At the moment we are not very happy with the way things are in that regard, ¨ she said.
Rev Matale said the implementation of the judicial reforms would bring efficiency in the judicial system.
¨The President has talked about many people who are in prison that shouldn't be there. They are only there because of system has not given them a fair trial and we all know that justice delayed is justice denied and also the cases just take too long to be disposed off. The example is the one of former late president Frederick Chiluba which took almost eight years, ¨ she said.
Rev Matale said the current judicial system had made most corruption cases in the courts of law to delay.
¨You know cases seem to go stale and to go cold because it takes too long through our current judiciary system to dispose off cases. Not even the high profile, but the worst thing is the low profile people who have nobody to talk for them and then they are not represented," said Rev. Matale.
And PF chairperson for mobilisation Charles Banda said a lot of judgments passed in the previous regime were politically engineered.
"It is correct that we must go back and look at several other judgments that were politically motivated because it is an open secret that a lot of judgments especially the political cases were of a political nature. We need to study some of those judgments, so that the owners of those judgments should suffer the consequences," he said.
Banda said misconduct of some judges and magistrates had compromised the operation of the Judiciary.
Banda said the judicial reforms once implemented would bring confidence to the public over the operation of the judiciary.
"We are not saying that let's take vengeance. Vengeance is for the Lord, but what we are saying is that let's correct this, so that people can be able to enjoy the existence of that institution called the Judiciary. We should not have the situation whereby you even know that when I go to court, I will lose because I am in the opposition. That is not correct," said Banda.
Labels: BRIGHT NALUBAMBA, CORRUPTION, ERNEST SAKALA, JUDICIARY, RICHARD LUONDE, SUZANNE MATALE
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Chongwe calls for Sakala's removal
By Ernest Chanda and Mwala Kalaluka
Wed 18 Jan. 2012, 13:57 CAT
LUSAKA lawyer Rodger Chongwe says there can be no meaningful reforms in the Judiciary without the removal of Chief Justice Ernest Sakala. And Justice Sakala and some senior judges yesterday held an emergency meeting to discuss the recent criticism of the Judiciary's performance by members of the public.
Commenting on LAZ's letter to justice minister Sebastian Zulu in which the Association was demanding immediate reforms in the institution, Dr Chongwe said justice Sakala had in fact overstayed in office.
"No reforms can actually be effective in any institution which need reform for as long as the top brass in that organisation are allowed to manage the affairs of that particular organisation. The question is, who has brought the Judiciary to the stage where it is that Zambians have lost confidence in it? What we should realise is that the Chief Justice of this country, justice Sakala has been Chief Justice since 2002 when he took over from justice Mathew Ngulube," said Dr Chongwe.
"So you are talking about a period of nine years or more as Chief Justice. Therefore when you talk about judicial reform you cannot really continue retaining the services of the Chief Justice and hoping that he's going to bring about any reform. Besides you should realise that our chief justice attained retirement age some time ago, and that he's now serving on contract. So he's a person who is over the age of 65 years."
And Judiciary sources indicated yesterday that the criticism of the Judiciary by the Law Association of Zambia (LAZ) and an editorial comment in The Post newspaper of Monday had necessitated the emergency meeting.
"These same things that you are writing about this place, people judges are not happy and there is an emergency meeting there Supreme Court," the source said without giving further details.
However, some Judiciary workers have demanded Justice Sakala's removal because they, as support staff, were being made to work like donkeys.
"Its not about holding emergency meetings, he Justice Sakala must just go," one Judiciary worker said.
"The morale is low among workers here. Certain magistrates are being transferred because there is a perception that they are against those heading the Judiciary. Soon you will hear about certain transfers from Luapula Province and Lusaka."
In a letter dated January 11, 2012 to the Minister of Justice, Sebastian Zulu, copied to Justice 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.
Banda stated that the Judiciary was facing a leadership challenge, which should be addressed for any meaningful reforms to be undertaken.
"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."
Labels: ERNEST SAKALA, JUDICIARY, ROGER CHONGWE
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‘Reforms in the Judiciary'
By The Post
Mon 16 Jan. 2012, 14:00 CAT
WE would like to commend James Banda, president of the Law Association of Zambia, and his entire executive, for the courageous and honest position they have taken on the state of our Judiciary.Things must be called by their right names. This does not mean that we are speaking with hate, nor harshly about anyone. We should analyse, censure, criticise seriously all these things.
It requires little intelligence - if a little is all one has - to realise that something has gone badly wrong with our Judiciary; things are not the way they should be. There is need for urgent reforms in our Judiciary. But as the Law Association of Zambia has correctly observed, no reforms can be meaningfully implemented with the current leadership of the Judiciary in place.
We have for some time consistently questioned the integrity and capacity of the current leadership of our Judiciary. If one thought we had a personal issue with Chief Justice Ernest Sakala and some of his friends, then we are not the only ones because the entire Law Association of Zambia is with us.
Things are out of control. There is something seriously wrong with the leadership of our Judiciary. And the buck stops at justice Sakala.
The current leadership of the judiciary is not interested in meaningful or serious reforms of the institution. Justice Sakala doesn't seem to see that the Judiciary has much more bigger problems than funding or budgetary allocations. And it seems he doesn't like to hear anyone raising the issue of the integrity of our judiciary. We understand his sensitivities over this issue because he has single-handedly destroyed the integrity of our Judiciary. Justice Sakala has defended everything that is wrong about our Judiciary.
He has exhibited a very high level of sensitivity and intolerance to criticism. But Zambians cannot stop talking about his destruction of this very important institution of our state.
There are so many questionable decisions that have been carried out with his blessings and clear collusion. We challenge justice Sakala to take us on so that we can show everything wrong that he has done; we can show where his hand has been in all these wrong things that have come out of our Judiciary.
Some of our judges, who are very close to justice Sakala, are not fit to be on our bench - they are criminals fit to be in prison. But they are protected and have been promoted because they have been doing wrong things on his behalf.
We support the suggestion by the Law Association of Zambia to critically and systematically review some cases and judgments to determine whether or not the issues of capacity and competence arise. In some of these cases, it would be discovered that it is not even the issue of competence and capacity but of criminality. And justice Sakala knows all these things. He has not been promoting justice but injustice.
Some of our best judges have been marginalised because they are not part of his league. Only those he is able to use or rather abuse have had it easy. There is a limit to how far one can run such an important public institution as if it is a personal kantemba.
We agree with the conclusion of the Law Association of Zambia "that the Judiciary needs a new momentum and a breath of fresh air to carry the reforms which we will be suggesting forward. We are of the view that the current leadership of the Judiciary would find it difficult to embrace and carryout the reforms we will be proposing.
Judicial reform invariably includes 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. The rules and laws of appointments and removal should be clear and not subject to manipulation by the Executive. To us, this is what judicial reform to a large extent entails".
We support the demand by the Law Association of Zambia that "judges should not serve on contracts as this is inconsistent with judicial independence more so that the terms of those contracts are not known to the public".
Justice Sakala, the Chief Justice of our Republic, is serving on a contract given to him single-handedly by Rupiah Banda. It is not difficult to see why justice Sakala's conduct was so much tilted in favour of Rupiah; why he could not even shake hands in church with then opposition leader Michael Sata. But the same justice Sakala today feels honoured to shake hands with Michael. Using his own words we ask: "Since when?"
It's clear that justice Sakala has destroyed whatever independence our Judiciary had together with its integrity. There is no need for his contract to continue. We have no time to lose.
We are a nation in a hurry to advance in so many ways. There is no need to wait until his contract finishes sometime after the middle of this year. And even just as a matter of personal integrity, justice Sakala should resign on his own, should realise that his time is over because he misbehaved and mismanaged things.
There will not be room for impunity in this country anymore from anyone. As the Law Association of Zambia has aptly put it, "Whilst we are strong proponents of strong judicial independence, we are equally stronger proponents of judicial accountability. Judicial independence and judicial accountability are not inconsistent and can therefore co-exist. The Judiciary should not be ungovernable and elitist or untouchable. The old days of respectful deference and fearful silence have gone forever."
This reminds us of the behaviour of our intelligence services before 2001. It became a conduit for stealing public funds in the belief that nobody would ever get to the bottom of what they were doing or question their thefts of public funds because intelligence expenses could not be questioned.
There are some judges who think they can do anything, including using judgments to enrich themselves or to gain favours or promotions from politicians, thinking nobody will ever question what they have done.
This will not continue to be so. We know what they did over the Chiluba acquittal. We also know what they did over the London High Court judgment registration. One day, justice Sakala and those working under him will have to answer for these things.
The constitutional protection that our judges enjoy was not meant to be used in that way. It was meant to protect them from legitimate errors of judgment not from political connivance to evade the course of justice.
We hope, from the position taken by the Law Association of Zambia, Michael's government will realise that there is something seriously wrong with our Judiciary that calls for immediate remedies in whichever way it is possible. Any unnecessary delay will cause more damage to the integrity of our Judiciary.
We are not only calling for justice Sakala to go but on all those who have deliberately done wrong things because they too will be pursued without respite.
Labels: CORRUPTION, ERNEST SAKALA, JUDICIARY, REUBEN LIFUKA, TIZ
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Judiciary reforms should start with Sakala, says Fr Bwalya
By Kabanda Chulu and Ernest Chanda
Tue 17 Jan. 2012, 13:58 CAT
REFORMATION of the Judiciary should start with the immediate removal of the Chief Justice Ernest Sakala and all judges and magistrates that came up with politically engineered judgments under the MMD government, says Fr Frank Bwalya.
And TIZ says there is a legacy of the previous Rupiah Banda's administration in the Judiciary which needs to be redressed urgently.
In an interview yesterday, Fr Bwalya, who is executive director of Get Involved Zambia, said President Sata and his government should have no time for judges and magistrates that betrayed public trust.
"We believe it will require three things to reform the Judiciary, firstly the obvious departure of the chief justice, the removal of all judges that came up with politically engineered judgments and reconsidering all politically engineered judgments that were procured by the MMD and their allies," Fr Bwalya said.
"When contracts expire or indeed before they get expired, such judges should be relieved of their duties and in the absence of getting rid of the chief justice, it will be like trying to clean up a system without dealing with people within the system that perpetrated or allowed the Judiciary to be compromised."
And TIZ says the Judiciary in its current form is vulnerable to government manipulation.
Supporting the Law Association of Zambia's call for immediate reforms in the institution, TIZ president Reuben Lifuka said it was wrong to have the chief justice and some judges serve on contract.
He said such an arrangement had rendered judges weak, as they had to defend their contracts through loyalty to the government.
"Our Judiciary as it stands today, renders itself vulnerable to manipulation by the executive arm of government and seriously contradicts the doctrine of separation of powers. There is absolutely no need for the Judiciary to continue with puisne (senior) judges including the chief justice serving on contract," Lifuka said.
"Transparency International Zambia has been in the forefront calling for judicial independence and we concur with the position of LAZ that it is a dilution of the desired judicial independence to have the chief justice and head of the Judiciary, and any other judges to be serving on a contract without the necessary security of tenure. It is our considered position that judicial independence implies that judges' careers should not depend on pleasing those with political and economic muscle."
Lifuka said it was unfair for anyone, including justice Sakala, to give the impression that all was well in the Judiciary.
He said TIZ had previously raised concerns about corruption and integrity deficiencies in the Judiciary, which the leadership was failing to see.
"The Zambian Judiciary needs to redeem itself and this it can only do with strong, independent leadership. Like LAZ, we found the remarks by the chief justice in response to LAZ's proposal to contribute to the reform of the Judiciary, rather short sighted and a failure to realise that while funding is important, leadership and strong management are equally necessary ingredients for creating a strong Judiciary," he said.
"While, it is a well-known fact that the Judiciary requires significant resources to discharge its functions effectively, we should not bury our heads in the sand and pretend that all is well in the Judiciary. The Judiciary must rise to the occasion and be accountable directly or indirectly to the general public that it serves."
Lifuka expressed gratitude to LAZ for calling for reforms in the Judiciary.
He said the call was long overdue, as it could not be denied that the country's Judiciary lacked independence.
"There are several highly qualified and experienced legal practitioners who can occupy these positions. This is a legacy of the previous administration which needs to be redressed urgently. We contend that judicial independence can be undermined not because of external influences alone but also because of its own internal weaknesses," said Lifuka.
In a letter dated January 11, 2012 to the Minister of Justice, Sebastian Zulu, copied to 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.
Banda stated that the Judiciary was facing a leadership challenge which should be addressed for any meaningful reforms to be undertaken.
He demanded that 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."
Labels: CORRUPTION, ERNEST SAKALA, JUDICIARY, REUBEN LIFUKA, TIZ
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‘Reforms in the Judiciary'
By The Post
Mon 16 Jan. 2012, 14:00 CAT
WE would like to commend James Banda, president of the Law Association of Zambia, and his entire executive, for the courageous and honest position they have taken on the state of our Judiciary.Things must be called by their right names. This does not mean that we are speaking with hate, nor harshly about anyone. We should analyse, censure, criticise seriously all these things.
It requires little intelligence - if a little is all one has - to realise that something has gone badly wrong with our Judiciary; things are not the way they should be. There is need for urgent reforms in our Judiciary. But as the Law Association of Zambia has correctly observed, no reforms can be meaningfully implemented with the current leadership of the Judiciary in place.
We have for some time consistently questioned the integrity and capacity of the current leadership of our Judiciary. If one thought we had a personal issue with Chief Justice Ernest Sakala and some of his friends, then we are not the only ones because the entire Law Association of Zambia is with us.
Things are out of control. There is something seriously wrong with the leadership of our Judiciary. And the buck stops at justice Sakala.
The current leadership of the judiciary is not interested in meaningful or serious reforms of the institution. Justice Sakala doesn't seem to see that the Judiciary has much more bigger problems than funding or budgetary allocations. And it seems he doesn't like to hear anyone raising the issue of the integrity of our judiciary. We understand his sensitivities over this issue because he has single-handedly destroyed the integrity of our Judiciary. Justice Sakala has defended everything that is wrong about our Judiciary.
He has exhibited a very high level of sensitivity and intolerance to criticism. But Zambians cannot stop talking about his destruction of this very important institution of our state.
There are so many questionable decisions that have been carried out with his blessings and clear collusion. We challenge justice Sakala to take us on so that we can show everything wrong that he has done; we can show where his hand has been in all these wrong things that have come out of our Judiciary.
Some of our judges, who are very close to justice Sakala, are not fit to be on our bench - they are criminals fit to be in prison. But they are protected and have been promoted because they have been doing wrong things on his behalf.
We support the suggestion by the Law Association of Zambia to critically and systematically review some cases and judgments to determine whether or not the issues of capacity and competence arise. In some of these cases, it would be discovered that it is not even the issue of competence and capacity but of criminality. And justice Sakala knows all these things. He has not been promoting justice but injustice.
Some of our best judges have been marginalised because they are not part of his league. Only those he is able to use or rather abuse have had it easy. There is a limit to how far one can run such an important public institution as if it is a personal kantemba.
We agree with the conclusion of the Law Association of Zambia "that the Judiciary needs a new momentum and a breath of fresh air to carry the reforms which we will be suggesting forward. We are of the view that the current leadership of the Judiciary would find it difficult to embrace and carryout the reforms we will be proposing.
Judicial reform invariably includes 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. The rules and laws of appointments and removal should be clear and not subject to manipulation by the Executive. To us, this is what judicial reform to a large extent entails".
We support the demand by the Law Association of Zambia that "judges should not serve on contracts as this is inconsistent with judicial independence more so that the terms of those contracts are not known to the public".
Justice Sakala, the Chief Justice of our Republic, is serving on a contract given to him single-handedly by Rupiah Banda. It is not difficult to see why justice Sakala's conduct was so much tilted in favour of Rupiah; why he could not even shake hands in church with then opposition leader Michael Sata. But the same justice Sakala today feels honoured to shake hands with Michael. Using his own words we ask: "Since when?"
It's clear that justice Sakala has destroyed whatever independence our Judiciary had together with its integrity. There is no need for his contract to continue. We have no time to lose.
We are a nation in a hurry to advance in so many ways. There is no need to wait until his contract finishes sometime after the middle of this year. And even just as a matter of personal integrity, justice Sakala should resign on his own, should realise that his time is over because he misbehaved and mismanaged things.
There will not be room for impunity in this country anymore from anyone. As the Law Association of Zambia has aptly put it, "Whilst we are strong proponents of strong judicial independence, we are equally stronger proponents of judicial accountability. Judicial independence and judicial accountability are not inconsistent and can therefore co-exist. The Judiciary should not be ungovernable and elitist or untouchable. The old days of respectful deference and fearful silence have gone forever."
This reminds us of the behaviour of our intelligence services before 2001. It became a conduit for stealing public funds in the belief that nobody would ever get to the bottom of what they were doing or question their thefts of public funds because intelligence expenses could not be questioned.
There are some judges who think they can do anything, including using judgments to enrich themselves or to gain favours or promotions from politicians, thinking nobody will ever question what they have done.
This will not continue to be so. We know what they did over the Chiluba acquittal. We also know what they did over the London High Court judgment registration. One day, justice Sakala and those working under him will have to answer for these things.
The constitutional protection that our judges enjoy was not meant to be used in that way. It was meant to protect them from legitimate errors of judgment not from political connivance to evade the course of justice.
We hope, from the position taken by the Law Association of Zambia, Michael's government will realise that there is something seriously wrong with our Judiciary that calls for immediate remedies in whichever way it is possible. Any unnecessary delay will cause more damage to the integrity of our Judiciary.
We are not only calling for justice Sakala to go but on all those who have deliberately done wrong things because they too will be pursued without respite.
Labels: ERNEST SAKALA, JAMES BANDA, JUDICIARY
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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
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Court judgments tainted by bribery, corruption
By The Post
Tue 10 Jan. 2012, 14:00 CAT
IT seems we are all, including Chief Justice Ernest Sakala, agreed that all is not as it should be with our judiciary. The other week justice Sakala was urging the newly-appointed judges and magistrates to change the negative image of the judiciary and prove that the judiciary was capable of managing its own affairs.
And yesterday justice Sakala said the judiciary was alive to the public outcry regarding its work.
The other day James Banda, the new president of the Law Association of Zambia, assured the nation that they would ensure that the integrity of the judiciary is restored and maintained.
Banda promised that the Law Association of Zambia would be engaging the government on this issue and all concerned parties to find an effective way of ensuring that our judiciary is effective and accountable and free from corruption because the absence of a functioning judiciary can lead to a breakdown of society.
And reacting to Banda's statement, justice Sakala says the judiciary will wait to see how the Law Association of Zambia would do that.
We also had Dr Guy Scott, the Vice-President of our Republic, pulling the string a little further on this issue yesterday. Guy, in his usual way, was a bit more frank. He urged the judiciary to clean its house and join the fight against corruption.
Guy pointed out that corruption permeated the Zambian governance system and the judiciary was not immune from it. He emphasised that the government wanted to see an independent and efficient judiciary that will address people's expectations by ensuring that justice is not only delivered, but delivered on time and in an objective manner untainted by bribery and corruption.
Guy further observed that the more efficient and effective the judiciary, the more support it will attract from a variety of sources.
What is clear is that we all recognise that there is a problem with our judiciary. But what is not clear and agreeable by all of us is what these problems are and what has caused them.
Those in the judiciary find it easy to talk about poor budgetary allocations to the judiciary and how this was affecting its autonomy. But they seem to have difficulties talking about the corruption, the bribery, the tribalism and nepotism that has permeated this institution.
Privately, many honest judges complain about corruption, tribalism and nepotism in our judiciary. And they point to the poor leadership of justice Sakala as partly the cause of all this.
It cannot be denied that some of our judges and magistrates are living far beyond their earned incomes competing favourably with lawyers in private practice and other business people.
Some of our judges are owners of many properties that if they were tasked today to explain where the money for their construction came from, they will have serous difficulties.
It's a well-known ‘secret' that some of them collect free building materials from Freedom Way and from other suppliers of building materials whom they call their friends.
It is also not a secret that there are some rich litigants whose cases are only handled by the same judges, or a small group of well-connected judges - and they always win. This raises public concern about bribery and corruption. And this is what Guy is talking about.
It is also not a secret that there was a group of judges, and probably some magistrates, who were the only ones handling matters in which those in power and their close friends or associates had an interest in. And they delivered judgments in their favour.
Sometimes it has been very embarrassing to appear in our courts in matters where those who were powerful and controlling government had an interest in.
We saw this in our own case with Rupiah Banda where we had some of the most strange rulings in favour of Rupiah. And his lawyers got nearly everything they wanted and could get away with anything they did wrong. In saying this we are not driven by any feelings of bitterness.
We are simply stating facts as they stand. If anyone is in dispute, we can revisit every one of those rulings in those cases. Again, this is what Guy is probably referring to when he says that the government wants to see an independent and efficient judiciary that will address people's expectations by ensuring that justice is not only delivered, but delivered on time and in an objective manner untainted by bribery and corruption.
Of course, some of those who delivered to the political masters got promoted or were rewarded in all sorts of ways. Again, we are not being malicious here because it is easy to show the pattern of promotions and tie them to the cases handled on behalf of the political bosses.
This is how rotten our judiciary had become. We don't want again to see a judiciary that is for Michael Sata and his colleagues the way we had, not very long ago, a judiciary for Rupiah and his friends. We want to see a judiciary that is truly independent and serving nothing but the interest of justice.
These are the issues - bribery, corruption, political patronage, inefficiency, incompetence - that have brought our judiciary where it is today. This is what the Law Association of Zambia will have to address to ensure that the integrity of our judiciary is restored and maintained.
It's not surprising that justice Sakala's cynical response to this is that the judiciary will wait to see how the Law Association of Zambia would do that. We say justice Sakala's response is not surprising because he, more than anyone else, is responsible for this rot.
He showed what type of patronage is required of our judicial officers. Under his leadership, our judiciary sank to its lowest in terms of bribery, corruption and political patronage.
And we hear after all this; the man wanted an extension of his contract! For what? To continue what? To continue the rot, destruction of our judiciary? The man reached retirement age a long time ago and he is Chief Justice today because of the contract Rupiah gave him. Again for what? It's not difficult to guess why Rupiah gave him a contract.
And this contract business for judges should be abolished because it serves no purpose other than just undermining the independence of the judiciary. We are not short of qualified lawyers or judges to replace those who have reached retirement age.
If 65 is too early, let's extend the retirement age via a constitutional amendment and not through contracts given to judges by one man on a patronising and sometimes nepotistic and corrupt manner.
A good judiciary, the type of judiciary we yearn for, like all good things, will not come by itself, we will have to work for it, struggle for it. And it is our collective duty as citizens of this country to do so.
Labels: CORRUPTION, ERNEST SAKALA, GUY SCOTT, JAMES BANDA, JUDICIARY, LAZ
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