APPOINT MORE JCC MEMBERS
PRESIDENT Edgar Lungu should consider appointing former chief justices and retired judges to sit on the Judicial Complaints Commission in order to enforce confidence in hearing complaints against the judiciary, says Young African Leaders Initiative governance director Isaac Mwanza.
Mr Mwanza said the move would help instil confidence and trust in the operations of the commission with regards to hearing complaints against judges and other senior officers of the judiciary.
He explained that the current composition of the JCC included practicing lawyers with active law firms with some of them appearing before the judges complained about.
“These recent developments where Judges are made to account to the Judicial Complaints Commission, chaired and comprising some members who are practising lawyers, compromises both the independence of the judges and the Commission itself.
“So, while YALI recognises that while the Judicial (Code of Conduct) Act provides for the role of the Chief Justice in the disciplinary process of judges, the silence of this provision in the constitution is worrying and of great concern to us,” he said.
Mr Mwanza explained that it was most inappropriate for a lawyer to be given powers of removing a judge, more so if that lawyer had matters before the same Judges with complaints against them before the JCC.
He explained that the law must be amended to allow for the Chief Justice to have the ultimate powers to discipline Judges, but that the JCC could be more effective without compromise if it comprised retired justices.
YALI has since called for the amendment of the law to provide for involvement of Chief Justice in the removal of a judge from office by virtue of Article 136 of the Constitution.
“Parliament must ensure an inquiry into the removal of a judge should be made through the Tribunal as opposed to the Commission.
“In an event that the Commission is left to preside over an inquiry on the removal of a judge, YALI demands that the Commission to be chaired by a retired judge and not a legal practitioner, in accordance with international best practice where peers sit in judgment of their peers, the same way lawyers are judged by their fellow lawyers from the Law Association of Zambia.”
“YALI also believes the constitutional provisions for suspension of a judge based on a prima facie case and before being afforded an opportunity to be heard is oppressive and against the rules of natural justice,” he said.