By ADRIAN MWANZA
CONSTITUTIONAL lawyer John Sangwa has warned that a decision by the Judicial Service Commission (JSC) to recommend current Deputy Chief Justice Michael Musonda to the position of Chief Justice would be flawed on grounds that he was President Hakainde Hichilema’s acquaintance and helped him acquire property No.488a.40/a/3 serval Road from the National Tobacco Board of Zambia.
Mr Sangwa said the President needed to rise above personal ties and considerations in the interest of the public and need for an independent judiciary.
He said Mr Musonda who previously served as President Hichilema’s legal counsel helped him purchase the said property in 1995 through a public tender.
Mr Sangwa in a letter to the President said he was meant to believe that it was fait accompli (a French term meaning already done) that the JSC headed by Justice Mathew Ngulube would in line with Article 141 of the constitution recommend the head of state to appoint Mr Musonda.
Mr Sangwa also said no legitimate or transparent process was followed to confirm that they were persons of ‘’proven integrity’’ as required by the constitution in reference to constitutional court judges.
“Mr President you have assured the electorate that you will restore the rule of law. To realise that goal you must start by ensuring that we have an independent judiciary and Deputy Chief Justice Musonda will not aid, but undermine that goal. Under his leadership the judiciary is like a department under your control and not an independent and robust institution,” he said.
He said if the country was to avoid the mistakes of the past and develop Zambia there was need to side step personal interests and do what was best for the country.
Mr Sangwa said retaining the JSC in its current form and under the chairmanship of Justice Ngulube who intends to appoint Mr Musonda would not be in the interest of the country.
Meanwhile another state counsel and former FDD vice president Chifumu Banda said there was no need to overhaul a system that worked well but just change a few things to make it more effective.
Mr Banda said the appointment of the chief justice involved all the three organs of government and that this was so in order to ensure that the person chosen was upright.
‘’The process is rigorous because it requires Parliament, JSC and the executive so that the person is thoroughly scrutinized,’’ he said.
Meanwhile former justice minister and Rainbow party president Wynter Kabimba wondered how a person who was acting Chief Justice could not be appointed.
He said whether Mr Musonda was qualified or not was none of his business because the issue at hand was larger than an individual.
“I just want to know what is wrong with Justice Musonda because he has been acting in that position for some months meaning he has some form of qualifications,” he said.
And another lawyer Dickson Jere said that Mr Musonda was plucked from private practice and appointed straight to the Supreme Court Bench, a very rare case in Zambia under the previous government when his client HH was in opposition.
Mr Jere said Musonda was then appointed deputy Chief Justice by the previous government when there was a vacancy and was, in both cases, ratified by the National Assembly to hold the position of Supreme Court Judge and later Deputy Chief Justice.
“In his previous life, he served as Law Association of Zambia (LAZ) President, taught at UNZA Law School and later ZIALE before he was appointed to the bench. He was also bestowed with the rank and dignity of State Counsel in 2015 by President Edgar Lungu – meaning he is worthy in the legal profession,’’ he said.
