Tribunal to probe Kabimba sworn in
By Francis Lungu
Mon 13 Jan. 2014, 15:20 CAT
ACTING Chief Justice Lombe Chibesakunda this morning urged the tribunal set up to probe justice minister Wynter Kabimba to ensure tenets of democracy are upheld in their investigations.
Justice Chibesakunda said during a swearing-in ceremony for the tribunal at the Supreme Court that Zambia was a budding democracy whose values had to be adhered to.
Those sworn in as part of the tribunal to probe Kabimba are acting Supreme Court judge Evans Hamaundu and High Court judges Gertrude Chawatama and Justine Chashi.
Mathews Zulu, who is acting director of the Supreme Court, was sworn in as secretary of the tribunal.
The tribunal was appointed in line with section 14 (1) of the parliamentary and ministerial code of conduct Act Cap 16 of the Laws of Zambia.
"...distinguished appointees, you have been entrusted with a very noble task of enquiring into matters which are stated on the letters of appointment. We are witnessing in Zambia a growing democracy and the tenets of democracy have to be adhered to. I welcome you to these appointments and I wish you good luck," said justice Chibesakunda.
In this matter, President Michael Sata instructed the setting up of a tribunal to probe Kabimba after former Solwezi Central MMD member of parliament Lucky Mulusa and political activist Brebner Changala petitioned justice Chibesakunda to set up a tribunal to probe the justice minister.
Mulusa, who lost his Solwezi Central seat through Supreme Court nullification owing to corruption, and Changala who was recently released by the court after the State entered a nolle prosequi in his drug trafficking case, demanded that Kabimba explains why he had copied Justice Chibesakunda government's legal opinion offered to him in his capacity as justice minister by Solicitor General Musa Mwenye on the nullification of the Petauke Central, Malambo and Mulobezi parliamentary seats by the Supreme Court.
In a letter dated December 24, 2013 addressed to justice Chibesakunda, Mulusa and Changala applied that the tribunal be established to investigate whether or not Kabimba as justice minister had breached his oath of secrecy when he released a classified government legal opinion for use by the Patriotic Front.
The two also wanted the justice minister to be investigated on whether or not the letter on a PF letterhead he wrote to the lawyers of the Patriotic Front and copied to justice Chibesakunda constituted interference with the independence of the Judiciary as guaranteed by the Constitution.
Labels: COURTS, LOMBE CHIBESAKUNDA, WYNTER KABIMBA
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If criticism of the Judiciary is valid, it must be made
By Editor
Sun 07 July 2013, 14:00 CAT
If criticism of the Judiciary is valid, it must be made. And no section of the community has all the virtues, neither does any have all the vices.
We are quite sure that some people try to do their jobs as best as they can, even if the result is not always entirely successful. 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. No institution - Judiciary, Legislature, Executive, whatever - should expect to be free from the scrutiny of those who give it their loyalty and support, not to mention those who don't.
But we are all part of the same fabric of our national society and that scrutiny, by one part of another, can be just as effective if it is made with a touch of honesty, gentleness and understanding.
Accordingly, no one should try to stop honest criticism of the Judiciary and its decisions. And we don't think that criticising the decisions of the Judiciary is a crime or something unacceptable. The Judiciary does sometimes get things wrong. And when the Judiciary is wrong it deserves criticism. But this criticism has to be honest criticism and done in a civil manner. There has to be honest and civility in the criticism.
And moreover, decisions of our judges are not shielded from criticism. Our whole appeal system is characterised by criticism of the decisions that judges make. Even the decisions of the Supreme Court, final as they may be, are open to criticism. And by criticism we mean honest criticism carried out with civility.
If the decisions of our courts, including the Supreme Court, over the election petitions are believed to be wrong, they are open to criticism. But not the criticism that we have been hearing from the opposition and other civil society organisations.
It is not honest and fair criticism to accuse the acting Chief Justice Lombe Chibesakunda of conniving with the ruling Patriotic Front to nullify MMD and opposition seats in a bid to give the Patriotic Front the parliamentary majority it is looking for. There is no truth and honesty in this type of criticism. Actually this is not criticism, it is criminal defamation of justice Chibesakunda and other Supreme Court judges who have delivered election petition judgments the opposition is not happy with. What we have been hearing from the opposition are prosecutable cases of contempt of court. And we are actually wondering why no contempt proceedings have been commenced against those who have been recklessly, maliciously and criminally attacking justice Chibesakunda and other Supreme Court judges.
If the decisions of the Supreme Court are faulty, let them be legally analysed and criticised.
It is interesting to note that those who have been making these criminal criticisms are not lawyers. The lawyers who were representing them in these petitions are quiet; are not speaking for them. Why? It is simply because the lawyers know the truth; they know they cannot defend or justify such criticism. But they want such criticism to be made and have allowed their clients to do so.
We are also surprised by the deafening silence of the Law Association of Zambia which is usually very quick to come to the defence of the Judiciary and judges.
It is a publicly known fact that the Law Association of Zambia is opposed to justice Chibesakunda being appointed Chief Justice. She is not the desired candidate for that job of the current leadership of the Law Association of Zambia. There are perfectly entitled to their own desires. They also have the right to point out and challenge any such appointments that are outside what the law permits.
We do not believe that the appointment of justice Chibesakunda as Chief Justice is outside the law. She may not be the desired candidate of some or many, but that does not make her appointment as Chief Justice illegal. If the appointment of justice Chibesakunda as Chief Justice is an illegality, then let those illegalities be brought out and give correct legal guidance to the nation and to all those involved in this process. If it is just a matter of one's desire then there is no issue because the issue of desire, when it comes to such appointments, lies only with the President.
And moreover, the law is clear on who should make such appointments. It is not the job of opposition leaders to make such appointments. It is also not the job of NGOs to make such appointments. Not even the Law Association of Zambia has powers to make such appointments. Of course, during the ratification process, the Law Association of Zambia and other civil society organisations are called by the appropriate select committee of Parliament to give their views on the presidential nominee for that job. These views aid the members of parliament in their decisions to ratify or not ratify the presidential nominee. It is not these civil society organisations, including the Law Association of Zambia, that ratify the presidential nominee. Of course, they have the right to lobby for or oppose the appointment of certain individuals. But the final decision on who becomes Chief Justice does not lie with them. If someone who doesn't qualify to be appointed Chief Justice is so appointed, they have the right to go to court and challenge that appointment so that it is declared null and void.
As for now, the Constitution of the Republic of Zambia vests in the President the power to appoint the Chief Justice. And the person so nominated by the President for the job may not always meet the desires of all or us as stakeholders. But we don't have a direct vote in this matter. Our judges, including the Chief Justice, are not appointed on the basis of a popular vote or approval. If we don't like this way of appointing the Chief Justice, let's change the Constitution to provide for that, instead of resorting to malice and slander of others.
We do appreciate the fact that we have had wrong or bad people as judges or even as Chief Justices. We had Mathew Ngulube - a man who was corrupted by the Chiluba regime - as our Chief Justice. Ngulube's corruption was exposed and he had to resign as Chief Justice. Of course, the Law Association of Zambia has no issue with corrupt Ngulube; they still invite him as the guest of honour at their annual general meetings. But what honour does Ngulube possess to be invited as a guest of honour by the Law Association of Zambia? This brings into question what the Law Association of Zambia really stands for or believes in.
Labels: JUDICIARY, LOMBE CHIBESAKUNDA, POLITICS
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Sikatana was a fearless voice of reason - Dr Scott
By Fridah Nkonde and Namatama Mundia
Wed 20 June 2012, 13:24 CAT
VICE-President Dr Guy Scott says the late Mundia Sikatana was a fearless voice of reason in the cause of justice and respect for human rights.
And acting Chief Justice Lombe Chibesakunda has described Sikatana who was put to rest yesterday as a bold and great legal brain that contributed a lot to the jurisprudence in Zambia.
During church service for the late Sikatana at the Cathedral of the Holy Cross in Lusaka yesterday, Vice-President Scott said Sikatana stood up and spoke out even when it was not fashionable to appear to challenge the official interpretation of events.
He described Sikatana as one of the most "outstanding citizens of our time", a distinguished lawyer, a conscientious loving husband, father and grandfather who love and served his country well".
Vice-President Scott said President Michael Sata sent his heartfelt condolences.
"We all remember that when he was appointed minister of agriculture, food and fisheries in 2002, he was already 67 years old and yet he brought the energy, enthusiasm and drive to his office which was the envy of many of our youths. The year 2002 was a particularly difficult one for our country. There was widespread crop failure in the country due to poor rains and many households faced famine. The government then was faced with the choice of whether or not to accept genetically modified maize, (GMOs), from well-meaning donors," he said.
Vice-President Scott said even though there were a lot of debates about the safety of GMO maize, Sikatana, as Minister of Agriculture carried out the difficult task with distinction, while ensuring that not a single Zambian life was lost due to lack of access to natural, non-genetically modified maize meal.
He said when Sikatana left public service in 2007; he had won his place of honour in the country's history and was a friend of people from all walks of life.
And Sikatana's widow, Monde, in her tribute read by a family member, Emmy Mwesa, said Zambia had lost a gallant leader.
Monde said the Sikatana family had lost a man who united the family.
"My dear husband, I remember so vividly how we started our journey together 49 years ago, both working as teachers. In our years together I learnt so many things from you. Paramount among them was your love, selflessness towards others and always putting other people's needs before yours. You also taught me how to face any difficult situation with courage and never giving up no matter how complex it was. I saw you come out of situations that were so challenging and even scary at times, but you were always a victor at the end. I saw you rise from being a teacher to a prominent lawyer and later in your life to a forceful politician. I admired your zeal to succeed. At times even when things were hard, you always rose up to any given situations," she said.
She said her late husband was a courageous man who at times even raised sensitive issues.
Monde said truth was always paramount to her husband as he called a spade, a spade.
"Your courage sometimes earned you bad names to those who did not know what you stood for…you fought for the rights of the underprivileged many at times. You represented clients who couldn't afford to pay the legal fees but you joyfully did it. I know that the Lord rewarded you because you were always full of joy by doing so. The seed of love planted in our family will continue to germinate as I have seen it growing. I promise to continue with your strive to always keep the family together…I have lost a friend, father to my children, a role model and mentor. I have lost my twin brother and the love of my lifetime. Rest in peace my husband," she said.
Meanwhile, Sikatana's first born daughter Masiliso described her late father as a hardworking, God-fearing man who was full of life.
Masiliso thanked him for educating her and her siblings.
She said her father taught them to love, respect, and work hard in life, and that they were all proud to have him as their father.
And Trinity United Church of Zambia Reverend Mwape Chilekwa said Sikatana was a brave man who spoke his mind and made a difference in Zambia.
Sikatana passed away on Thursday night at the University Teaching Hospital in Lusaka and was put to rest at Leopards Hill Memorial Park.
Speaking at the valedictory session at the Supreme Court yesterday, justice Chibesakunda said Sikatana was not only a brilliant lawyer but was also a very hard-working politician, who contributed not only to the legal family but to the country as a whole.
"It is therefore, not easy to find the right and appropriate words to express this loss to the legal family and indeed the whole nation," she said.
Justice Chibesakunda said Sikatana would be remembered for being a bold legal practitioner and yet a very courteous man to the courts.
"He will also be remembered for his desire to take the law to another level by taking up very challenging cases as long as he believed in the cause being championed," she said.
"Those of us that knew him personally inside and outside court were struck by not only his humility but also by the calmness of his mind. Even when he became a minister, Mr Sikatana never forgot where the courts were situated. Also, even in retirement from politics, he continued to appear in courts."
Law Association of Zambia vice-president Martin Musaluke said the association learnt with great sadness of the tragic demise of Sikatana who was highly respected in the legal profession.
"Therefore as we mourn this great legal practitioner, we must build our country premised on the values of equal justice for all, democracy and prosperity and Mr Sikatana's legacy shall remain a guiding light on our responsibilities as lawyers and as individuals," Musaluke said.
Solicitor General Musa Mwenye, who delivered a speech on behalf of Attorney General Mumba Malila, said Sikatana belonged to a generation of lawyers that put the love of the practice of the law above profit and whose manners and courtesy at the bar was and still is unparalled.
"The loss of Mr Sikatana is particularly sad because it signals the fact that this generation of lawyers is a fast depleting resource whose experiences at the bar have to be documented," he said.
Sikatana was born on March 6, 1938.
He was called to the Zambian bar in 1974 and practiced under the name and style of Veritas Chambers from 1974 until 2001 when he was appointed a cabinet minister.
Also present at the valedictory session were acting Deputy Chief Justice Florence Mumba, Supreme and High Court judges, and Director of Public Prosecutions Mutembo Nchito among others.
Labels: GUY SCOTT, LOMBE CHIBESAKUNDA, MUNDIA SIKATANA
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Supreme court upholds 20 year jail term for man who stole bicycle
By Justin Katilungu in Kabwe
Sat 14 Aug. 2010, 04:00 CAT
SUPREME Court judge Lombe Chibesakunda on Wednesday upheld a 20 year-jail term imposed on a 36-year-old Chingola man by the High Court for stealing a bicycle valued at K345,000.
Before justice Chibesakunda, sitting in Kabwe, was Davis Kasakula who on February 19, 2005 in Chingola whilst acting together with unknown people stole a bicycle belonging to Davison Kazela.
He was arrested on March 4, 2005 and taken to court where he was convicted and sentenced to 20 years in prison with hard labour on one count of aggravated robbery contrary to section 294 of the Penal Code chapter 87 of the Laws of Zambia.
Kasakula had appealed the jail term to the Supreme Court on grounds
that the punishment was excessive and that the evidence against him was insufficient.
But justice Chibesakunda upheld the sentence, stressing that her team had carefully considered the record of appeal and the proceedings before the High Court and, therefore, was satisfied with the punishment meted out.
“We are satisfied that the trial judge based his conclusions on the question of credibility of the witnesses before him. He chose to believe the story of the prosecution as opposed to the story of the appellant and because of this, we are satisfied that there was overwhelming evidence against the appellant,” justice Chibesakunda noted.
“We cannot, therefore, fault the learned trial judge’s conclusion when he convicted the appellant on evidence before him and, therefore, we dismiss this appeal as we find no merit in it. We, therefore, confirm the sentence of 20 years imprisonment with labour.”
Labels: LOMBE CHIBESAKUNDA
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