LAW Association of Zambia (LAZ) president George Chisanga should be defending the law and assisting citizens to appreciate it instead of allegedly twisting the same law at the expense of justice, Evangelical Youth Alliance International president Moses Lungu has said.
And former deputy minister of Finance Newton Ng’uni has said Mr. Chisanga should not patronize judges cheaply by feigning contempt of court every time citizens made comments on decisions of the courts.
Rev Lungu said LAZ was biased and its habits of siding with certain individuals was dangerous as it resulted in the loss of confidence in the judiciary and LAZ as an association.
Last Friday, LAZ president George Chisanga criticised Patriotic Front secretary general Davis Chama who had earlier demanded High Court Judge Mwila Chitabo rescinds his decision of granting Director of Public Prosecutions Mutembo Nchito a stay.
Mr Nchito had obtained a stay against his suspension by President Edgar Lungu and the Head of State’s decision to set up a tribunal to investigate him.
“When the people’s confidence is lost in LAZ and the judiciary then the worst is expected. LAZ should encourage Mr Nchito to be investigated in order to clear himself rather than shielding him. LAZ has not spoken so strongly about Mutembo Nchito’s conduct. The way they spoke on Mr. Chama exposes them as playing double standards,” he said.
Rev. Lungu said the attacks on Mr Chama were frightening as LAZ should be defending the law and assist the citizens appreciate the law.
He demanded that the LAZ leadership should be dissolve because the current leadership was allegedly compromised as it had failed to give a proper legal opinion whether Mutembo was in order to enter a nolle prosequi in his own matter.
And Mr Ng’uni said Mr. Chisanga should not patronize judges cheaply by feigning contempt of court every time citizens make comments on decisions of the courts.
“We must tell Mr Chisanga that as citizens we have to form our own opinion on any matter including the decisions of our courts and communicate them. But in doing so we know that we shall at all times preserve the dignity of those offices. Judge Chitabo has already commented on the statement by the secretary general of PF, Mr Davies Chama, he vacated the order he made on 11th March 2015 which amounted to an injunction against the President and moved on. So it is a matter of patronizing the Judge cheaply by Mr Chisanga to try and raise issues on that score which may just end up deepening matters,” said Mr. Ng’uni.
He said Zambians know that at the time judge Chitabo was making the order to stay the decision of the President to suspend Mr Nchito as DPP and constitute the tribunal, he was aware of the existence of the binding doctrine of the separation of powers and the powers of the President under Articles 58(2)(3) and 44(6) and the ruling of the Supreme Court in the case of Elias Kundiona Vs the People.
“Does Mr Chisanga really want us to start thinking that the order to stay the decision of the President was a deliberate assault on the President and on public policy by the learned judge? Similarly, Mr Chisanga also knows that arresting criminal proceedings using civil proceedings goes against principles upon which the Supreme Court has clearly pronounced itself,” said Mr. Ng’uni. He said the LAZ president should know clearly that sometimes it was better to let sleeping dogs lie and move on to deal with the matter against Mr Nchito instead of cunningly pointing fellow citizens to the existence of the possibility for another tribunal involving a judge.