CLOSURE OF COURTS IS IN COURT, DON’T DISCUSS IT -

MAGISTRATES, JUDGES By NATION REPORTER THOSE calling for Chief Justice Mumba Malila to resign over the closure of the courts to prevent the filing of a petition to challenge the re-election of President Hakainde Hichilema should exercise caution because the matter is before the courts, the Magistrates and Judges Association of Zambia (MJAZ) has said. Peter Mwale, the president of MJAZ says comments on the circumstances surrounding the closure of the courts could prejudice proceedings because the same issues had been raised in cases before the Constitutional Court. He was responding to civil rights activist Brebner Changala, who has called for Dr Malila to resign for allegedly failing to protect the Judiciary when soldiers surrounded court premises during the period opposition parties sought to challenge the August 13 general elections. Mr Mwale said people demanding the resignation of Dr Malila should first acquaint themselves with the cases before court before commenting on the issues. “When people are commenting on the matter before court, you have to be very careful. You know that those issues are before court. You are aware that the issue of the court closing is before court. So, you should be very careful,” he said. He said the Chief Justice, Dr Malila, the Attorney General Mulilo Kabesha and the Judiciary had been sued over matters relating to the closure of the courts and that the cases were publicly accessible. “The law demands that the matter is before court, you don’t comment on it. That matter has been challenged before the court,” Mr Mwale said. He said calls for Dr Malila to resign were directly connected to the issues being litigated and could therefore prejudice the proceedings. Mr Mwale advised journalists to read the cases and understand the claims and arguments before seeking public comment on the matter. “Before you even ask the people, go and read. The case is in the public domain. Go and read also and look at the claims and the arguments that are before court,” he said. Mr Mwale said at the appropriate time, when the matter was determined, the Chief Justice’s fate would be determined. “At this point, let’s wait until maybe the matter is decided,” Mr Mwale said. He also advised journalists covering the Judiciary to use court records to establish the facts and follow the proceedings as they develop. “Court premises are your friends. You can go there, read everything, understand, take the facts, what are the issues that are before court. Then you begin to follow,” Mr Mwale said.

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