Tue, 14 Mar 2017 09:36:28 +0000
By Charles Musonda
THE Law Association of Zambia (LAZ) is likely to crumble soon following its admission that it does not stop or prevent any member from joining or forming another association of lawyers.
Lusaka lawyer Robson Malipenga has since applied to the High Court to pass judgment on LAZ’s admission that nothing stops him to form another association of lawyers.
This is in a matter where Mr. Malipenga petitioned the Attorney General and LAZ for the formation of another association of lawyers.
In his affidavit in support of inter parte summons for judgment on admission, pursuant to Order 27 Rule 3 of the Supreme Court Practice Rules, Mr. Malipenga said the Attorney General, as first respondent, had also failed to deny his constitutional rights to form another association of lawyers.
“I, there being an admission by the second respondents (LAZ) that there is nothing that stops me from forming or belonging to another association of lawyers, hereby apply that judgment on admission be entered herein in respect of me forming another association of lawyers,” Mr. Malipenga said in the affidavit filed last Friday, Mach 10, 2017.
Order 27 Rule 3 of the Supreme Court Practice Rules, 1999 Edition, states in part: “Where admissions of fact or of part of a case are made by a party to a cause or matter, either by his pleadings or otherwise, any other party to a cause or matter may apply to the court for such judgment or order…without waiting for the determination of any other question between the parties and the court may give such judgment.”
And in his skeleton arguments, Mr. Malipenga said the admission by LAZ was of fact expressly stated in clear and simple language, and it settled two reliefs sought in his petition.
“Furthermore, this admission has been made by a party to this cause or matter. Therefore it is my submission that the admission is not ambiguous but very clear and expressly stated. This empowers this Honourable Court to enter judgment on admission without waiting for conclusion of the petition.
“The first respondent (Attorney General) has equally not disputed this fact and has stated that the court should take into account my constitutional liberties and freedoms,” Mr. Malipenga added.
He has since filed a certificate of urgency for the court to urgently handle his application for judgment on admission.
On February 15, 2017, LAZ responded to Mr. Malipenga’s petition by stating that he was not at all prevented from forming or joining any association of lawyers.
LAZ members of 15 years and above pay K8,500 each for renewal of the annual practicing certificate while beginners pay K5,000.
