Law to save costly judgments in default coming - Lubinda
A LAW to compel controlling officers to inform the Attorney General promptly on matters in need of court representation to avoid costly judgments in default to the State is on the cards, says Justice Minister Given Lubinda.
Mr Lubinda said the Ministry of Justice was concerned with litigation costs being incurred by way of judgments in default.
He told Parliament last Thursday, that judgments in default were mainly entered into because the Office of the Attorney General was not informed in good time to gather evidence and prepare arguments.
The minister in contributing to a debate on the Report of the Public Accounts Committee (PAC) which was moved by Muchinga Member of Parliament Howard Kunda said he has engaged President Edgar Lungu, Vice President Inonge Wina and Finance Minister Margaret Mwanakatwe on the matter.
‘‘I want to indicate Sir, that a lot of times when State advocates and the Attorney-General’s Chamber enter judgments in default it is for want of evidence, or when they realise that an offense before the court is not winnable and if the Government defends such a case and loses then it will incur further litigation costs.
‘‘I would also like to indicate sir that the Ministry of Justice is very concerned about this and we have already engaged the Minister of Finance, the Vice President and the President that we shall come up with a law to ensure that controlling officers with matters before court inform the Attorney General in good time so that there is ample time to prepare or else these officers will be taken to task,’’ he said.
Finance Minister Margaret Mwanakatwe in winding up the debate said Government had taken steps to ensure that controlling officers followed prudent management of resources. Ms Mwanakatwe said the Treasury was reviewing the Zambia Public Procurement Authority Act as one of the measures to respond to concerns by the Committee.