CONCOURT DIRECTS GOVERNMENT TO PASS ENABLING LEGISLATION FOR INDEPENDENT FUNDING OF THE JUDICIARY
Lusaka-Monday 31st July 2023
The Constitutional Court has directed the Attorney General and Government put up legislation to ensure that the Judiciary is fully financially independent and adequately funded.
The Court also ruled that Government had breached Article 122(3) and 123 of the Republican Constitution on the financial independence of the Judiciary.
Parliament has also been enjoined as a matter of priority and directed to expeditiously ensure that appropriate legislation is enacted to fully actualize the finacial independence of the Judiciary and that such legislation be enacted at the earliest opportunity.
The Constitutional Court has also directed the Minister of Finance to submit reports to Parliament on the measures being taken to actualise the financial and independent accounting of the Judiciary.
These were unanimous decisions of thr Constitutional Court Judges; Justice Ann Sitali, Justice Judith Mulongoti, Justice Palan Mulonda, Justice Mugeni Siwale-Mulenga, Justice Martin Musaluke and Justice Mathew Chisunka.
Renowned Lusaka lawyer, John Sangwa SC had petitioned the Constitutional Court stating that Government had breached constitutional provisions on the financial independence and autonomy of the Judiciary as provided for in Articles 122 and 123 of the Constitution.
