Who is running the Judiciary?

We are on a slippery slope and unless the Judiciary in particular, and the legal fraternity in general, arrest the drift, our judicial system will disintegrate beyond repair with the attendant threat to the peace and tranquility which our country has enjoyed for the last 49 years.

It all started with the judicial tribunal against three Judges who were perceived to have ruled against defaulters in the K14bn Zambian Airways DBZ loan saga.

This has now been followed by quasi-judicial statements alleged to be emanating from the Supreme Court of Zambia in which another Zambian Airways actor Dora Siliya is receiving political retribution.

This trend is dangerous as it undermines the secure tenure of judges and offends the sanctity of judicial processes. An impression is being created that the judiciary is being manipulated by the cartel through the Executive.

It is common knowledge that the cartel has an interest to serve, an interest which is not national.

It is unfortunate that for the first time in the life of our country the Supreme Court contrives to pronounce itself on judicial matters outside normal procedure and in a manner that seems to suggest political collusion.

It will be unfortunate if Zambians lose the confidence they have reposed in the judiciary as an independent umpire.

Sadly this impression cannot be dismissed because the coincidence between what Minister of Justice and Patriotic Front Secretary General Wynter Kabimba said is exactly what the judiciary statement has emphasized.

In normal circumstances such a statement would have been made in proper judicial proceedings with the tribunal sitting in a normal manner over an application or proceedings commenced by equally normal judicial processes.

The very fact that the so called judiciary statement was made on the eve of nominations gives effect to the suspicion that the two were pre-planned.

The judiciary must now convince the Zambian people that this was not the case and that indeed it was independent impartial and objective in its dealings with all citizens.  It must convince Zambians that judgements are not the work of Executive dictates but considered on the merits.

It is very easy to plant seeds of disaffection and subsequently create anarchy but more difficult to maintain peace and harmony, and almost impossible to restore it once disturbed by such brazen impunity as exhibited in the present circumstances.

Categorized | Editorial

One Response to “Who is running the Judiciary?”

  1. James Boodu says:

    Indeed. Who is really running the Judiciary. Is it the Chief Justice r the Minister of justice and PF Secretary General? Given the forgoing, It looks like the Minister of Justice with the chief Justice being merely a spokes person. And if it is the Minister of Justice running te Judiciary, his interst are those of his party not for the country.

    Indeed there is now a tough road to climb to regain the trust, respect and credibility the juciciary once enjoyed as an indepedndent entity. The separeation of powers need to be seen and not inferred.


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