Top Durban attorney Ngubane found dead
Tuesday, 15 May 2012 00:00
JOHANNESBURG. — A top Durban attorney and secretary of the commission of inquiry into the arms deal was found dead in the back seat of his car at his Pinetown home on Saturday afternoon, in what police believe was a suicide. Mvuseni Ngubane was shot once in the head. Ngubane had been involved in several high-profile cases, including representing convicted drug dealer Sheryl Cwele recently. He was the managing director and founding partner of Durban-based law firm, Ngubane and Partners Inc.
Ngubane also served on various boards and committees, and is a former president of the Black Lawyers’ Association (BLA). He had also co-chaired the Law Society of South Africa, as well as being a former member of the Judicial Service Commission.
He was appointed secretary of the commission of inquiry last year. This meant that he would have been responsible for the management of its R40 million budget for the provision of administrative support to the commission.
His brother, Boy Ngubane, said the family was shocked because he had not shown any sign of unhappiness or that something might had been bothering him.
“Although it has been said that he complained of not getting that much work (in his law firm), we do not believe that was the case,” he said.
“Perhaps he had other problems, but we do not believe they could be work-related”.
Ngubane said his brother’s body was found by his wife and domestic worker who had gone out.
“They returned and were trying to park in the garage. That is when they discovered he was dead,” he said.
“We are very shocked and hard hit by his death. He was a very humble man and a hard worker. We got along very well; we spoke every day. We don’t know how to make sense of his death.”
BLA president Pritzman Mabunda described Ngubane as a “measured person” and a voice of reason.
“We are shocked and saddened by his untimely death,” he said.
“He has offered a lot in the legal fraternity in various capacities. He did a lot for the profession.”
KwaZulu-Natal police spokesman Lieutenant-Colonel Vincent Mdunge said Ngubane’s family found him on the back seat of his Mercedes Benz in the garage.
“It appeared that a 9mm pistol was used. Police found a suicide note near his body. Some parts of the letter were not readable due to blood stains,” Mdunge said.
“We have no suspicion of foul play. An inquest docket has been opened.”
During the on-going Mpumalanga taxi conflict, Ngubane was appointed last year as a mediator by the Department of Transport to assist in resolving the conflict. Ngubane is survived by his wife and two children.
Boy Ngubane said that funeral arrangements would be finalised once an autopsy had been performed.
— www.iol.co.za
Labels: ARMS, LAWYERS, SOUTH AFRICA
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Law Society of Zimbabwe victimising Masimirembwa
Posted by By Our reporter at 1 March, at 00 : 49 AM
THE attack by Law Society of Zimbabwe (LSZ) on Goodwills Masimirembwa and his Zimbabwe Institute of Legal Studies (ZILS) smacks of victimisation and argument advanced carries no justice.
The Institute will be offering Diplomas in various fields of law. In particular it is offering about four law diplomas which are Diploma in Applied Law, Diploma in Forensic Science and Crime Investigations, Diploma in Commerce and Law and Diploma in Mineral Law and Policy.
The expected targeted market is not lawyers per se, but anyone whose job would involve elements of law.
This idea should be commended as it would increase and brigade the gap of knowledge which exists in some professions like Chartered Accountants, Economists, and Business Executives.
The corporate field has radically changed and evolved. It now demands that accountants or even geologists have a working knowledge of the law, hence the introduction of the Diploma in Commerce and Law and Diploma in Mineral Law and Policy.
This is knowledge one would not have acquired their specialized qualifications.
LSZ has taken upon itself to discredit this institution through its communication in the press.
It does not recognize the qualifications being offered by Zimbabwe Institute of Legal Studies.
One then wonders the motive and intentions of LSZ on its stance.
This is an organization which still holds that legal education is only for lawyers and that legal education should only be for a selected few.
It spearheaded the closure of the Faculty of Law at the then Great Zimbabwe University and Midlands State University sweated for its approval of the law degree.
It took the Midlands State University four or more years to get its approval.
Zimbabwe with all its sophisticated economy and society cannot be expected to have only two law schools.
We need legal education to be extended and made available to various professions without those professionals becoming lawyers.
Amongst other things, the LSZ has the powers to make recommendations in relation to training and to encourage and promote the study of efficiency and responsibility on the part of those seeking registration.
LSZ therefore only regulates the legal training of those who want to be registered by them and those people can only be lawyers.
Zimbabwe Institute of Legal Studies is not training lawyers. It is training people so that they can become legal technicians and legal executives.
If the Law Society of Zimbabwe was sincere in its “vested interest in legal training”, why does it not help the institute in establishing proper learning structures?
LSZ does not help the public which it purports to serve.
Is it not in the public interest for various professions to be taught the law component on which they would be encountering in the discharge of their duties?
Surely geologists and other related professions need to be educated about mineral law and policy without them becoming ‘learned friends’.
If the Council for Legal Education, the body tasked to ensure the maintenance of appropriate standards legal education and training in Zimbabwe gave them the green light, why then does the LSZ complain?
LSZ de-registered many lawyers before, including Dr. Lovemore Madhuku. For all we know LSZ had no objection in Madhuku lecturing in law at the University of Zimbabwe, but do not want the rehabilitated Masimirembwa to enter into academia and do the same as Dr. Madhuku. This time, Masimirembwa is not only lecturing, but owning the institution. Precedent?
We can only speculate that Masimirembwa is being persecuted because of his political affiliation with Zanu PF. If that is the case, then LSZ has gone to the dogs and it needs to be saved.
Tafadzwa Musarara
Labels: LAWYERS
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Malila mourns Kasonde
By Maluba Jere and Bright Mukwasa
Mon 16 Jan. 2012, 13:57 CAT
ATTORNEY General Mumba Malila says the death of 77-year-old lawyer Andrew Kasonde has dealt a severe blow to a delicate part of the legal profession.
During a valedictory service on Saturday for Kasonde, a legal practitioner of nearly 50 years and probably the oldest member of the profession in private practice, Malila said Kasonde was a serious advocate and truly learned in the law.
He said the late Kasonde was very diligent in his work and that he paid close attention to detail.
"He articulated his arguments exceedingly well and articulated his arguments in near-perfect English. He had great love and mastery of the English language," Malila said.
He said with Kasonde as opposing counsel in court, rather than having fun, many practitioners were given a good run for their money and that they were taught life lessons in advocacy.
Malila said the late advocate who was known as probably the only lawyer who did not drive, would for a long time to come remain the most modest advocate the bar had ever known.
"Senior counsel Kasonde loved his profession and the courts where he mainly practiced it. Despite his preferred mode of transport being no doubt the slowest, he was often punctual for his court cases," he said.
"…Out of choice and principle, he never gave in to the lure of luxurious and comfortable living which most advocates glamour for."
Malila added that Kasonde's death should remind legal practitioners of the need to document the history of the legal profession in the country, saying the knowledge and expertise that late Kasonde had would have been tapped and written down for posterity.
He also conveyed his deepest sympathies to the bereaved family asking God to comfort the family during the sad time.
And Law Association of Zambia president James Banda says the death of Kasonde was a tragedy to the law profession in the country.
Banda said Kasonde's passing was a sad day event the Zambian legal profession.
"The death of a loved one is one of the most devastating experiences a human can face and at times the loss may seem unbearable. It is natural that after the death of a loved one, we might be confronted with a number of overwhelming emotions, including shock, numbness, sadness, and perhaps even guilt or anger," Banda said.
"My Lord, it is with this in mind that, on behalf of the LAZ Council, all members of the Law Association of Zambia and indeed on my own behalf, I wish to extend to the family of the late Mr Andrew Kasonde our profound sorrow and regret on his demise. His death is a loss to the legal fraternity. When I got news of Mr. Kasonde's death I made inquiries from some senior members of the bar who interacted with him and they all confirmed to me that in his own unique way he had a very cordial and courteous relationship not only with the members of the bar but the bench as well."
Banda urged lawyers to emulate the virtues of the late Kasonde.
Labels: LAWYERS, MUMBA MALILA
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Lawyers and the growth of our society
By The Post
Fri 06 May 2011, 04:00 CAT
WE welcome the new Law Association of Zambia executive. But in doing so, we would also like to give credit to the outgoing Law Association of Zambia executive for taking a number of correct positions on many difficult governance questions that faced our country.
As Attorney General Abyudi Shonga correctly observed, heading the Law Association of Zambia is no casual feat as it is simply not an easy undertaking.
The outgoing Law Association of Zambia executive was faced with a lot of difficult subjective and objective factors. But they did not fail to take the right position on all the key issues. Of course, more could have been done and done better. Now this is where the responsibility of the new executive begins – to do more and in a better way. That’s how life is; it is a continuous process of improving on our performance.
The new Law Association of Zambia leadership has pledged to speak for the law and to give timely and impartial advice and to do so courageously. This is how things should be. This is what the Law Association of Zambia was created for. It was established to, among other things, “seek the advancement of the rule of law and of the rights and liberties of the individual”.
This, in our view, is one of the most important objectives of the Law Association of Zambia. The rule of law is cardinal to the stability and progress of our country. And the rule of law entails the right to equality before the law or equal protection of the law. This is fundamental to any just and democratic society. Whether rich or poor, political majority or religious minority, political ally of those in power or opponent – all are entitled to equal protection before the law.
The democratic state cannot guarantee that life will treat everyone equally, and it has no responsibility to do so. However, under no circumstances should those in power impose additional inequalities; they should be required to deal evenly and equally with all our people. No one is above the law, which is, after all, the creation of the people, not something imposed upon them. When laws are established by the people who then have to obey them, both law and democracy are served.
And independence of the judiciary is an essential pillar supporting the rule of law. It is not enough to say that the courts should follow and apply the laws faithfully and equally to all. One must, in addition, demand that there should be no abuse by anyone of the process of the law.
The Law Association of Zambia is a very important institution of our people. We say this because it was not only established to serve the narrow professional interests of lawyers but to deal with broader issues of society. According to the Law Association of Zambia Act, the objects for which the association was established are, among others, “to further the development of law as an instrument of social order and social justice and as an essential element in the growth of society;
to provide a means by which all lawyers, whatever their particular field of activity, can participate together fully and effectively in the development of society and its institutions; to encourage lawyers as individuals to join actively in the life of, and identify themselves with the people, and to utilise their skills and training in their service; to cooperate with the representative bodies of other professions and other institutions to promote research in the development of the law;
to promote the reform of the law, both by the amendment of and the removal of imperfections in existing law, and by the reformation, codification or restatement of particular branches of the law; to participate when called upon in draft legislation, and to strengthen the machinery of the critical examination of its legal quality;
to promote the improvement and reform of the judicial and administrative systems, including tribunals and their procedure; to protect and assist the public in all matters touching, ancillary or incidental to the legal profession; and to do all such other things as may be conducive to the attainment of the foregoing objects or any of them”.
This is in addition to what we have already stated about the Law Association of Zambia being tasked by law “to seek the advancement of the rule of law and of the rights and liberties of the individual”. This is a lot of work and responsibility.
The law literally tasks the Law Association of Zambia to deal with almost everything that affects society. And it shouldn’t be forgotten that every aspect of our lives from the day we are born, where we are born to the day we die and where we are buried are affected by law.
If the Law Association of Zambia performed these duties well, we would certainly have a better society, a more fair, just and humane society. Probably this explains why George Kunda and his friends have been trying very hard to assume hegemony over the Law Association of Zambia by trying to influence its electoral processes.
It is not a secret that they tried to influence the outcome of the just-ended Law Association of Zambia elections by trying to influence lawyers working for the government to vote according to their preferences. However, this failed. It failed for many reasons. First, because now lawyers working for the government know what type of people they are and what they stand for; they know their evil schemes.
Second, it is a serious lack of respect for them to treat lawyers working for the government as robots without the ability to think and act for themselves. They are now resented and whoever they support is bound to lose. How can George’s candidate win at the Law Association of Zambia Annual General Meeting when he himself failed to secure the MMD vice-presidency?
They had to abolish the post of MMD vice-president just to save him from an impending humiliating defeat. George should by now know that manipulation has its limits and that manipulators have never deserved anybody’s respect or been successful anywhere. Manipulators are like little sailboats that go with the wind and the waves. Manipulation is synonymous with opportunism. Manipulation doesn’t have substance; it doesn’t have roots.
And this is how George and his friends will sink. We wonder how they intend to live in this country outside power, outside the powerful public offices they are today abusing and thinking they will remain there forever. It is difficult to understand how they intend to live with all these wrong things they are doing, wrong decisions they are taking every day.
With men like George in power, we need a very courageous Law Association of Zambia executive to protect society from their abuses. George has destroyed the credibility of our entire judicial process and to a very large extent, the standing of our judiciary. George thinks he is powerful or omnipotent. But it’s just a matter of time; he will soon be shown that the power he thinks is his does not actually belong to him.
We therefore urge the new Law Association of Zambia executive to courageously follow up all the issues that were started by the outgoing executive and ensure that our people get a government and build a society they deserve.
There are still many outstanding issues that deserve the Law Association of Zambia’s serious attention. There is the issue of the constitution on which George wasted over K200 billion of taxpayers’ money thinking he would manage to bulldoze the whole process to the end without seeking consensus from those who disagreed with him. We also have the issue of the electoral process.
There are many issues that need to be cleared for us to have peaceful, free and fair elections this year. And these include the issue of parallel vote tabulation on which the Law Association of Zambia has already expressed a clear opinion but those in government still insist that they are not going to allow it, it’s illegal.
We urge all our people to give the Law Association of Zambia all the support it needs so that it can serve them better.
Labels: ABYUDA SHONGA, LAWYERS, LAZ
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ET murder trial a baptism of fire for new Child Act
GLYNNIS UNDERHILL | CAPE TOWN, SOUTH AFRICA - Apr 23 2010 13:18
When people accused attorney Zola Majavu of being politically motivated in offering his services free to the 15-year-old boy arrested for the murder of Eugene Terre'Blanche, Thuso Motaung knew they had got it wrong.
Motaung was a popular Lesedi FM presenter when he was arrested for defrauding the SABC of R32-million in 2008. "All my assets had been frozen and Zola came to my rescue to represent me, never worrying whether I had money to pay him," said Motaung, who was eventually acquitted of the charges.
"Zola is a deeply religious man and we often prayed together. He will be a godsend to the child."
On Easter Sunday Majavu received calls from concerned members of civic organisations, asking him to represent the teenager and his co-accused, 27-year-old Chris Mahlangu. They had been arrested in connection with the brutal slaying of Terre'Blanche, the leader of the far-right Afrikaner Weerstandsbeweging (AWB).
Fears for the safety of the accused grew as political tension ran high after Terre'Blanche's mutilated body was found in the bedroom of his run-down farm outside Ventersdorp.
"There was absolutely no political motivation involved in my taking on this case," said Majavu. "I am well known in football circles as the prosecutor of the Premier Soccer League and people do contact me for help. I worked at the Legal Aid Centre at Wits University for eight years and lawyers are encouraged to do pro bono work."
When Majavu arrived in Ventersdorp two days later, he made his way past the uniformed AWB supporters outside the court to find that Mahlangu had already appointed a lawyer and three Legal Aid lawyers were on hand to help the minor, who, by law, cannot be named.
Majavu turned to leave but was called back by a social worker, who said the teenager wanted him to represent him. The slight, neatly dressed child and his family were waiting for him in a private room in the court building.
Although Majavu speaks four African languages, he found it difficult to communicate with him.
CONTINUES BELOW
"He hadn't eaten for some time and he didn't open up to people easily, not even me. But then I didn't know this child from a bar of soap," Majavu said. "The social workers advised me not to bombard him or else he would shut down and I took their advice."
Majavu learned the child had dropped out of school and quietly slipped through the cracks in the social welfare system. When he was arrested, he was living in the horse stable on Terre'Blanche's farm. Although most children in the nearby Tshing township where he was raised were afraid of AWB members, the boy had been working for the AWB leader.
Terre'Blanche had been trying to revive the AWB but had reportedly run out of money after he was sentenced to six years in prison in 2001 for assaulting a petrol station worker and the attempted murder of a security guard.
The teenager and Mahlangu have been charged with the murder of Terre'Blanche, housebreaking and robbery with aggravating circumstances, crimen injuria and attempted robbery with aggravating circumstances.
The charge of crimen injuria relates to the accused allegedly pulling Terre'Blanche's pants to his knees and exposing his private parts.
Allegations that Terre'Blanche had been sexually involved with the accused were unfortunate, said Majavu. "I specifically conversed with my client on the issue of whether there had been any sexual activity and he denied it," said Majavu. "Nothing like that emanated from him."
While Majavu will not disclose the nature of his defence before the trial, he said his client would plead not guilty in court.
As the first test case for the new Child Justice Act, implemented on April 1, Majavu's moves are being keenly followed by members of the legal fraternity. The attorney said the boy had been fortunate that, in line with the newly implemented Act, he was immediately taken to a place of safety. In the past he could have been held in a police cell or in prison, where he would have come into contact with adult offenders.
Majavu said he had prepared a bail application for his client but had waited for a probation officer's report before making a final decision. Before the Act was implemented, in a case involving minor, a social worker was not guaranteed to act as a probation officer. This is obligatory under the new Act.
"I told my client what his probation officer had recommended, which is that he should remain at the place of safety. He had thought that if he got bail he would still be able to go back to the place of safety, but I had to explain to him this would not happen," said Majavu. "He changed his mind and asked me not to apply for bail."
In keeping with the new Act, at a pre-trial preliminary inquiry convened last week, the teenager had to explain to magistrate Makgaola Foso why he would not be applying for bail. He told Foso he would be "better off" at the place of safety, where he was getting three meals a day and was enrolled in an education programme.
His mother and an uncle, the probation officer and his defence team were present at the inquiry.
"My client is getting professional help and he's got a decent bed, food, kids to play with and a television to watch," said Majavu. "I know he's following the news about the case, but there's nothing I can do about that."
The teenager appears to have a comfortable relationship with his family, who Majavu described as "very poor". Police confirmed that the boy had been caught breaking into a biscuit factory and had been serving a sentence under correctional supervision at the time of his arrest.
A 15-year-old is considered old enough to have the capacity to stand trial for murder and in this case the probation officer pronounced the teenager fit to stand trial. His socioeconomic situation was investigated by the probation officer, who becomes the eyes and ears of the court.
Majavu said the boy was experiencing the benefits of the new Act and, with the high-profile nature of his case, there were other benefits.
"Child psychologists are phoning in offering free counselling," he said. "Other people want to send them food parcels."
Labels: COURTS, EUGENE TERREBLANCHE, LAWYERS, ZOLA MAJAVU
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Lawyers survive on starvation wages: Chinamasa
TH/TZG reporters
Thu, 17 Sep 2009 05:01:00 +0000
JUSTICE and Legal Affairs Minister Patrick Chinamasa says corruption, lack of funds and material resources have severely affected the smooth operations Zimbabwe's justice delivery system and lawyers were surviving on "starvation wages".
Minister Chinamasa said critical levers in the justice delivery system were crippled by lack of resources and funds. He added that lawyers and various stakeholders in the judiciary survive on "starvation wages".
He was speaking at the joint Judicial/Legal Practitioners Colloquium held in Victoria Falls recently.
"We know for a fact that in the justice delivery system there are no computers, the systems are not computerised and transport affects the whole system.
"These constraints have contributed to no meaningful supervision on performance of the judicial system currently taking place," he said.
Minister Chinamasa lamented the conditions of service for all the key players in the sector.
He said judges were being paid US$300, a salary he described as "starvation wages" that undermine their morale and that of other members in the justice delivery system.
During his presentation, Minister Chinamasa conceded there was rampant corruption in the prosecution, magistracy and legal profession.
He urged members of the judiciary to exercise impartiality in their duties, saying Government had done its part in laying a firm foundation that would bring an end to the polarisation, which characterised the society over the past decade.
The minister said the formation of the inclusive Government in February this year removed obstacles that hampered the smooth functioning of the justice delivery system.
Minister Chinamasa said the new dispensation provided a platform for economic recovery and growth.
TH/TZG
Labels: LAWYERS, PATRICK CHINAMASA
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Sangwa has raised very important concerns – Chongwe
Written by George Chellah
Friday, July 17, 2009 5:16:39 AM
LUSAKA lawyer Dr Rodger Chongwe yesterday said Simeza Sangwa and Associates' demand that Chief Justice Ernest Sakala and justice Peter Chitengi must vacate office because they have already passed their retirementage is a very important issue and not frivolous.
In an interview, Dr Chongwe said the issue raised by Simeza Sangwa and Associates needed to be given some attention.
"On the face of it Mr Sangwa has raised a very important issue. It's not a frivolous letter, it's a letter that deals with our Constitution. The constitutionality of the functioning of the courts and the appointment of judges in those court," Dr Chongwe said. "These are important concerns and we should not dismiss them, they are not frivolous. They are important so we should deal with them. They are good for this nation to be dealt with so that next time we don't fall in the same pitfall."
On Wednesday, Attorney General Mumba Malila said he was studying Simeza Sangwa and Associates' demand that Chief Justice Ernest Sakala and justice Peter Chitengi must vacate office because they had already passed their retirement age.
Malila said he was studying the letter with a view to respond to the various issues raised.
Malila said: "I still haven't received it but I have been provided with a copy. I am studying it now with a view to respond to the various issues which he has raised."
But justice deputy minister Todd Chilembo said Malila could not come up with any binding verdict on Simeza Sangwa and Associates' demand that Justice Sakala and justice Chitengi vacate office.
However, Chilembo said it was logical that Malila responds to the letter from Simeza, Sangwa and Associates.
In a letter to Malila dated July 13, 2009 which was also copied to President Rupiah Banda, the Chief Justice, the deputy chief justice, justice Chitengi and the Speaker of the National Assembly among others, Simeza, Sangwa and Associates stated that Justice Sakala and justice Chitengi had already passed the retirement age of 65.
The law firm stated that the duo was not qualified to hold office and that they were holding their offices illegally.
"On 29th April, 2009, we lodged the above-stated appeal and because of its urgent nature it was heard in Ndola on 2nd June, 2009, by a bench consisting of the Chief Justice, Mr Justice Peter Chitengi and Madam Justice Chibomba. We understand that madam Justice Chibomba is acting judge of the Supreme Court in line with the provisions of Article 93(5) of the Constitution. On 9th July, 2009, what was described as the "judgment" of the court was read by the Chief Justice and our clients' appeal was rejected," read the firm's letter in part. "It has now come to our clients' attention that at the time of hearing the appeal on 2nd June 2009, both the Chief Justice and Mr Justice Chitengi had already passed the retirement age of sixty-five stipulated in Article 98(1) of the Constitution, hence not qualified to hold the office of judge of the Supreme Court, consequently not competent to hear and determine this appeal or any other appeal case.
"Article 98(1), omitting the parts not relevant to the issues at hand, reads: Subject to the provisions of this Article, a person holding the office of a judge of the Supreme Court- shall vacate that office on attaining the age of sixty-five years: We are aware of the proviso to Article 98(1), which omitting the parts not relevant, reads: provided that the President- (a) may permit- a judge of the Supreme Court, who has attained that age to continue in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age; (b) may appoint- a judge of the Supreme Court, who has attained the age of sixty-five years, for such further period, not exceeding seven years, as the President may determine."
Simeza, Sangwa and Associates stated that:
"If your interpretation of the constitutional and statutory provisions we have referred to is different from ours, we have instructions from our clients to move the High Court so that the issues we have raised can be adjudicated upon. However, if you share our interpretation of the said provisions, we would like to know what you propose to do to correct the constitutional and statutory violations we have outlined above. We would be grateful to hear from you within seven days from date hereof. If we do not, we have instructions to move the High Court."
Labels: LAWYERS, ROGER CHONGWE
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Judiciary has challenges, says Lungu
Written by George Chellah
Friday, June 26, 2009 4:04:33 PM
LAW Association of Zambia (LAZ) president Stephen Lungu yesterday said the Judiciary has challenges that are neither peculiar nor insurmountable. And Lungu said constant attacks on the Judiciary tend to go to the very fabric of its independence.
During a press conference held at the LAZ secretariat, Lungu said the association had noted with great concern that it had become common practice for lawyers to speak off the cuff.
"...And express their opinions publicly without due regard to the effect of their statements on those they comment on, their clients and the members of the public in general," Lungu said.
"As an association, we therefore wish to make the following statement that whereas we recognise that the Constitution has given every citizen of this country the freedom of speech, it is mandatory that all legal practitioners must adhere to the legal practitioner's Act and the rules promulgated there-under."
He warned that every legal practitioner should not engage in conduct likely to bring the profession into disrepute.
"Every legal practitioner being a learned member of the bar and an officer of the court shall not engage in conduct whether in pursuit of their profession or otherwise, which is prejudicial to the pursuit of the administration of justice or which is likely to diminish public confidence in the legal profession or the administration of justice or which conduct is likely to bring the profession into disrepute," Lungu said.
"As an association we are alive to the fact that the Judiciary has challenges, which challenges are neither peculiar nor insurmountable. "
He said the media was certainly not a forum for lawyers to attack the Judiciary.
"The council of the Law Association of Zambia wishes to strongly urge our members to forthwith refrain from using the media as the mode of communicating their grievances against the Judiciary," Lungu said.
"And any lawyer whose conduct will be found to be in contravention of the provisions of the legal practitioner's Act and its rules will be subjected to the necessary administrative sanctions. As council and as an association, we will defend the integrity of the Judiciary against unwarranted attacks."
He said the association could not comment on the case involving newly appointed education minister Dora Siliya because it was currently in court. He said the association would at an appropriate time issue an appropriate statement when the matter was concluded.
"As an association we were preparing to come up with a statement and an appeal was lodged on Friday last week," he said.
Lungu said lawyers had mechanisms through which they could express their grievances.
"Tomorrow [today] we are having what we call a bar bench conference where all lawyers and judges meet to discuss matters that affect the profession. At this gathering all grievances which lawyers have are tabled and all grievances that the Judiciary has got against lawyers are tabled and discussed," he said.
He said the constant attacks on the Judiciary were not good.
"... If we continuously attack the Judiciary on every decision that it makes, it brings the aspect of independence of the Judiciary into question because at the end of the day we will all stop having the confidence we are supposed to have in the Judiciary for the purpose of the dispensation of justice," he said.
Lungu explained that if everyone went to court and complained after that in public, it goes to show that the independence of the Judiciary was beginning to be questioned.
"We should not isolate one matter or two matters and judge the Judiciary as to whether it is independent or not," said Lungu.
Labels: FREEDOM OF SPEECH, LAWYERS, LAZ, STEPHEN LUNGU
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