PRESS RELEASE BY THE LAW ASSOCIATION OF ZAMBIA
(FOR IMMEDIATE CIRCULATION TO MEDIA HOUSES)
The Law Association of Zambia (LAZ) has had occasion to watch a press briefing by Honourable Raphael Nakacinda, which was carried across various media houses on 13th December, 2021. During the said press briefing, allegations of collusion were leveled against the Judiciary.
LAZ fully subscribes to the protection of freedom of expression and principles of accountability, which entail that any person and institution, including the Judiciary can be subject of criticism. However, LAZ is particularly perturbed by the sentiments from a senior member of the Patriotic Front flanked by other senior party officials, as the said sentiments suggest that the Judiciary is subject to the control and direction of the President, contrary to the constitutional provisions, which guarantee its autonomy. In particular, the sentiments that “President Hakainde Hichilema is summoning Judges to his house to try and intimidate them or coerce them to advance an agenda to bring a one party state in this country…” are very serious allegations such that LAZ cannot turn a nelsonian eye to such utterances. If Honourable Raphael Nakacinda has any evidence to this effect, he has recourse at law as he can lodge a formal complaint before the Judicial Complaints Commission.
Outside the established channels of lodging complaints, LAZ finds such remarks not only unfortunate and detrimental to constitutionalism, but also having the potential to intimidate the Judiciary and undermine its independence as it discharges its functions. LAZ reiterates its position that such public utterances, if left unchecked or requisite reprimand not effected, the country may face a quagmire where institutions risk being cowed into taking extraneous considerations in the discharge of their statutory mandates.
We therefore, call upon the Patriotic Front leadership to prevail over its members to refrain from issuing statements that have the potential to undermine public institutions, without evidence and laid down procedure being followed. This call also extends to all other political parties, going forward. Public institutions should not be politicised in the name of serving personal interests. If evidence does exist, then the right channel must be followed and respected, as established by law.
We also urge the Judiciary to continue discharging its mandate without fear or favour in tandem with its constitutional mandate.
Dated this 14th day of December, 2021.
