Tue, 09 Jan 2018 10:27:27 +0000
By CHARLES MUSONDA and CHINTU MALAMBO
THE Judicial Complaints Commission (JCC) should be disband and let the Chief Justice should take charge of her Judiciary because it is a serious mischief that lawyers should be prosecutors, triers, and crucifiers of judges of their superiors, High Court Judge Mwila Chitabo has charged.
Mr. Justice Chitabo observed that the composition of the JCC made it unsuitable to handle disciplinary proceedings of alleged misconduct against judges.
“Put simply, the lawyers are trying judges. I hold a very strong view that Judges should only be tried by their peers or superiors – brothers and sisters in service; who have held high judicial office of judge.
“I entreat the Right Attorney General – Mr. (Likando) Kalaluka, SC, who is the custodian of the Laws of Zambia and principal advisor to the Government to prioritise addressing of this concern and rectify this gross constitutional anomaly…” Mr. Justice Chitabo said.
He said this during the ceremonial opening of the Lusaka High Court criminal sessions for 2018.
Mr. Justice Chitabo said litigants were fast developing a trend of dragging judges to the JCC over judgments that they felt should have gone a certain way.
“This is a direct interference in the independence of the Judiciary, which clearly provides for an appellate system in the event that one is not satisfied by a judgment delivered. In the same vein, it is a matter of concern that the office of the Chief Justice, which is the head of the Judiciary, does not sit on the Judicial Complaints Commission.
“It is my proposal that we revert to the previous system that provided for the Chief Justice as the head of the Judicial Complaints Commission and also the Judicial Service Commission,” he said.
Mr. Justice Chitabo also noted a generally held view that courts were responsible for delayed conclusion of cases but a substantial percentage of adjournments could be traced to the footsteps of litigants and their lawyers.
He said it was not unusual for the parties to file notices to adjourn on the eve or on the return date of the hearing.
Mr. Justice Chitabo noted that “all types of conceivable excuses are advanced to secure adjournment. Admittedly, some are legitimate while others are delinquent. In the year 2018 and beyond, the courts’ discretion to grant adjournments will sparingly be exercised and upon judicious cause. Adjournments will no longer fall like confetti at weddings.
“The insufficient number of judges is among the most pronounced challenges currently being faced by our institution. In the year ending December 2017, 4, 560 cases were filed against 27 judges for the Lusaka High Court alone (168.8 cases per judge).
“This indicates that a judge would on average be expected to write a judgment for every two calendar days of the year, which is impossible taking into account the tremendous time of research, and indeed thought that one ought to invest to deliver quality and just judgments,” Mr. Justice Chitabo
