By ADRIAN MWANZA
MORE prominent lawyers have backed Constitutional lawyer John Sangwa’s suggestion to have the Chief Justice position advertised.
In a letter dated October 1, 2021, Mr Sangwa appealed to President Hakainde Hichilema to subject the filling in of the vacant position of Chief Justice to a competitive and transparent process before it was taken to Parliament for ratification.
Mr Sangwa said the appointment of the next Chief Justice must not be based on partisan, ethnic, regional or even personal lines but by the ideal that merit hard work and a clean track record.
Former Law Association of Zambia (LAZ) president Eddy Mwitwa said Mr Sangwa’s suggestion was progressive.
Mr Mwitwa said advertising the position of Chief Justice was one thing the President should consider because it would help the country have qualified individuals who will execute duties diligently without fear of anyone.
He said despite the constitution giving clear guidance on how the Chief Justice was appointed, the suggestion was one that people needed to give a thought.
He said there was nothing wrong with the suggestion by Mr Sangwa and that he was sure that people would analyse the issue and even implement in the future.
“The constitution clearly indicates how the Chief Justice is appointed which is after recommendations from the Judicial Services Commission but in countries like Kenya and South Africa they use the method of advertising to have a broader scope of individuals who they will have an opportunity to scrutinise thoroughly,” he said.
Mr Mwitwa said the suggestion allowed the public to scrutinise the people who were potential office bearers unlike the situation were a person was handpicked by the head of State.
He said that he was hoping that the suggestion would be adopted in the future so that they could include the public in the process and not just leaving it to the President.
And Lusaka-based lawyer Dickson Jere said while the President and Speaker were elected, the Chief Justice was appointed and does not draw direct mandate of the people.
Mr Jere said if there was any office among the three organs of the State that required continuity, it was that of Chief Justice.
“I, concur with John Sangwa, that care must be taken when appointing the Chief Justice because his/her tenure may supercede the President and Speaker who needs elections every after five years. This is the appointment which needs thorough process especially that we are now talking about judicial reforms,” he said.
Meanwhile, Mr Sangwa has explained that his demands were supported by the law.
He said Article 173 of the Constitution when read with the provisions of the Service Commissions Act, 2016. Section 3(f) of the Act had amplified the values and principles of public service and that must read: “…fair competition and merit as the basis of appointments and promotions.”
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