Judge Chanda questions some of Sata's Constitution committee appointments
By Agness Changala
Sun 20 Nov. 2011, 13:59 CAT
RETIRED High Court judge Kabazo Chanda has opposed the inclusion of five individuals in the Constitution technical committee. Judge Chanda who is also a senior lawyer is opposed to Professor Patrick Mvunga, Margaret Munalula, Ernest Mwansa, Mwangala Zaloumis and Reverend Suzanne Matale.
Judge Chanda said President Micheal Sata would do well to replace the people he was opposed to with the following: Professor Muna Ndulo of Cornnell University in the US who should replace Prof Mvunga, Prof Michelo Hasungule of Pretoria University in South Africa, to replace Mwansa.
Others are John Sangwa of University of Zambia's School of Law in place of Prof Munalula; William Mweemba, former Law Association of Zambia (LAZ) president to replace Zaloumis and former Evangelical Fellowship of Zambia Bishop Paul Mususu to replace Matale.
Judge Chanda said he was opposed to the said individuals because they were members of the "infamous, ill-fated National Constitution Conference (NCC) which gobbled unprecedented colossal finances".
He said the individuals in question failed to deliver to Zambians a constitution that would stand the test of time.
"I don't understand why the same personalities are being brought back to try and do the job which they failed to do," Judge Chanda said.
"These people have already had their bite at the cherry and should therefore leave room for others."
He prayed that President Sata would remove the names he was opposed to and find replacements from the list he had provided.
Judge Chanda said he had no quarrel with Justice Annel Silungwe, Dr J.B Sakala, Messrs Willa Mungo'mba, Reuben Lifuka and Simon Kabanda.
He said he was also concerned about why some names on the disputed list were also found in other commissions of inquiry.
"These people do not enjoy the monopoly of knowledge in constitutional and other public affairs," he said.
Judge Chanda wondered why all appointments were confined to them.
He said there were so many distinguished Zambian legal practitioners who were deliberately being sidelined by Cabinet Office and legal affairs ministry just because they do not "enjoy patronage of bigwigs" in the two public institutions.
Judge Chanda said there were more best legal brains of Zambia whose expertise the government should also be tapping.
He named those individuals as former Supreme Court Judge Frederick Chomba, Humphrey Ndhlovu, Bonaventure Mutale, Chivwara Phiri of Mulungunshi Chambers, Kingsley Simbao, also of Mulungushi Chambers, Vincent Malambo, SC, Elijah Banda, former LAZ president, Solomon Muzyamba of Livingstone, Mashebe Muyenga of Mongu, Musa Mwenye, current LAZ president and Kabesha Mulilo of Kabwe.
Judge Chanda said he would be grateful if LAZ would correct him where "it thinks he has gone wrong and fortify him where they think he is right".
He said he had no grudge of any kind against the persons whom he had made adverse remarks neither was he criticizing the government.
Judge Chanda said he was merely advising Cabinet Office and Ministry of Justice to widen the spectrum of the pool of lawyers from which they draw the list to give to President Sata for appointments to public bodies.
The full list of the committee of experts is as follows: The
1. Hon. Justice Annel Silungwe, SC, Former Chief Justice shall be Chairperson
2. Dr. J.B. Sakala - JB Sakala and Company shall be Vice-Chairperson
3. Rev. Susan Matale - Council of Churches in Zambia
4. Mr Willa Mung'omba - Mungo'omba Associates
5. Hon Sebastian S. Zulu, SC - Minister of Justice
6. Ms. Charity Mwansa -Permanent Secretary - Lusaka Province
7. Professor Patrick Mvunga -Mvunga and Associates
8. Chief Luchembe - Northern Province
9. Prof Margaret Munalula - University of Zambia
10. Mr Ernest Mwansa - Mwansa Phiri and Partners
11. Dr Rodger Chongwe - Chongwe and Associates
12. Mr. Paulman Chungu - Law Association of Zambia
13. Mr. Simon Kabanda - Citizens Forum
14. Mr Reuben Lifuka - Transparency International-Zambia
15. Mrs. Mwangala Zaloumis - Dove Chambers
16. Dr. Winnie Sithole-Mwenda - Ministry of Justice
17. Mrs Thandiwe D. Oteng - Ministry of Justice, who shall be the Secretary to the Committee
18. Three Catholic Bishops
Labels: CONSTITUTION, KABAZO CHANDA, MICHAEL SATA
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Chief Justice Sakala is a disgrace - judge Chanda
By Agness Changala and Patson Chilemba
Fri 25 June 2010, 04:01 CAT
RETIRED High Court judge Kabazo Chanda yesterday charged that Chief Justice Ernest Sakala’s behaviour is embarrassing, disgraceful, divisive and legally unprofessional for somebody in his position.
And Patriotic Front (PF) spokesperson Given Lubinda charged that justice Sakala sees everything wrong in shaking hands with PF leader Michael Sata whereas there is nothing wrong with him winning and dinning with criminals.
Commenting on justice Sakala who on Wednesday refused to shake hands with Sata at the Requiem Mass for the retired Supreme Court judge Peter Chitengi at St Ignatius Church in Lusaka, judge Chanda - who is also a lecturer in the school of law at the University of Zambia - said there was very little difference between justice Sakala’s behaviour and that of a political cadre in Nyambe Constituency.
He urged justice Sakala to change as quickly as possible and save the integrity of the judiciary in the country.
“I can even add that the earlier this man justice Sakala leaves office, the better things will be for the Zambian judiciary and the Zambian people,” judge Chanda said.
He said if he had his way, he would rather have Deputy Chief Justice Ireen Mambilima or Supreme Court judge Florence Mumba to be Chief Justice because the duo was level-headed and could not conduct themselves in the way justice Sakala did.
Judge Chanda was quick to mention that by saying so, he did not mean that justice Sakala was not fit to hold the position he held because he had a law degree and was entitled to practice law in Zambia.
He, however, added that justice Sakala’s law degree was not very impressive.
Judge Chanda said it was unfortunate that justice Sakala had done this at a time when people’s confidence in the judiciary had reached its lowest levels.
“It has never been so low since independence. Chief Justice Silungwe made his own mistakes but he behaved well. Chief Justice Matthew Ngulube may have got some influence from president Frederick Chiluba but as a person, he is one of the best lawyers we have in the country,” judge Chanda said.
He said he was sure that judges Silungwe and Ngulube would not have behaved in the manner justice Sakala behaved.
Judge Chanda said it was wrong for justice Sakala to behave in the manner he did because he was regarded as the father of the whole judiciary.
“He is a father of all lawyers in the country, all magistrates look to him as a role model, outside court and inside court,” judge Chanda said. “So for him to display that conduct, he is being divisive in the sense that he is dividing the lawyers and members of the judiciary.”
Judge Chanda said despite justice Sakala hating Sata, there were lawyers and magistrates who were sympathetic to his calls.
Judge Chanda said for the Chief Justice to behave in the manner he did, some people might interpret his conduct as trying to please certain political circles in the country.
Judge Chanda said apart from being in charge of the judiciary, the Chief Justice occupied a position in the whole country which should have restrained him from doing what he did.
“Therefore, his behaviour is embarrassing to the whole country,” he said.
Judge Chanda said he knew justice Sakala very well because they worked together for more than 20 years.
“I know his social behaviour and other types of behaviour but for fear of defamation, I will not say more. But I know him,” judge Chanda said.
He hoped the Law Association of Zambia (LAZ) would disassociate itself from justice Sakala’s behaviour.
“I have high respect for the president of LAZ, Stephen Lungu. I hold him in high esteem and I am sure that he would not hesitate to disassociate himself and I think he can praise that,” said judge Chanda.
And Lubinda said justice Sakala had been seen winning and dinning with people who had been convicted by his own judiciary.
“For him, therefore, to refuse a greeting from Mr Sata, what message is he giving us? That Mr Sata is worse than those he wines and dines with, the criminals?” asked Lubinda. “He sees everything wrong in shaking hands with Mr Sata whereas there is nothing wrong with him wining and dining with people that he himself and his judiciary have convicted as criminals. So can he please tell us, what is it that he wants us to read out of that conduct?”
Lubinda said judges world-over were viewed as Lordships, because they were expected to conduct themselves beyond reproach. He said judges were people in whom society reposed confidence for neutrality.
“Their positions are expected to be held by men and women who are not driven by emotion. Now, that being the case the refusal of a greeting from Mr Sata yesterday points to the fact that our Chief Justice, after he has taken off the wig he is emotionally charged,” Lubinda said. “And the emotions that led him to reject Mr Sata’s greeting must be explained. And what that shows is that there are some people in our society who are considered less than human beings by the fountain of justice. Remember that the office of Chief Justice is the fountain of natural justice.”
Lubinda said if the occupant of the office of Chief Justice showed there were some citizens who could not be greeted, for whatever reason then the nation would not expect to receive any justice.
“I suppose that the Chief Justice will be doing us very well if he came out and explained what the refusal of the greeting means. What should we read from that? What message is he trying to send to us? I wouldn’t like to say he is childish. I hold Chief Justice Sakala in high esteem and I don’t think he could do something that he hasn’t thought about,” Lubinda said. “To say he is childish it is as though we are saying that he acted without thinking. My personal view is that the very learned Chief Justice is a highly reflecting man and there is a message that he is trying to send to us and we have not caught that message. Therefore, I call upon him to explain to the Zambian people exactly what he wants us to understand.”
Lubinda said justice Sakala should explain how the citizens should interpret his refusal to take a greeting from a citizen.
“Not an ordinary citizen for that matter. Not a criminal. Mr Sata has never been convicted of any crime,” said Lubinda.
Justice Sakala on Wednesday refused to greet Sata at a funeral mass.
Labels: ERNEST SAKALA, KABAZO CHANDA
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