Choosing Chief Justice
By Dickson Jere
I have read with keen interest the latest letter by lawyer and academician John Peter Sangwa, SC on the appointment of Chief Justice. He has, more or less, reiterated his earlier counsel that the vacant position of Chief Justice be advertised.
I argued – last week – that his progressive proposals will require some legal intervention especially that it would be the first time such proposed process will be done in our jurisdictions.
I also defended Sangwa’s right to debate these matters as it is his fundamental right to speak on matters of national importance even if it involves the judiciary.
I have, however, been taken aback with his latest letter which contains personal attack on the deputy Chief Justice Micheal Musonda, SC.
Sangwa opines that Musonda may not be a good choice of Chief Justice because he is an acquaintance of President Hakainde Hichilema and also used to be his lawyer. Sangwa mentioned that Musonda represented the President in the much-talked about purchase of the house in Kabulonga.
Here is my take.
1. Michael Musonda was plucked from private practice and appointed straight to the Supreme Court Bench (very rare cases in Zambia) under the previous government when his client HH was in opposition.
2. Michael Musonda was then appointed deputy Chief Justice by the previous government when there was a vacancy. He was, in both cases, ratified by the National Assembly to hold the position of Supreme Court Judge and later Deputy Chief Justice. He past the test!
3. 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.
4. Musonda is also academically sound and well read. Apart from his legal degree from UNZA, he holds double masters degrees – one from the prestigious Oxford University in the UK. He is a Rhodes Scholar!
So, my intervention on this matter, is to state simply that Michael Musonda should not be disadvantaged in the race for Chief Justice because he was lawyer and friend of President Hakainde Hichilema. It was not HH who put Musonda on the bench and later promoted him to Deputy Chief Justice. It was under President Edgar Lungu.
Let his credentials speak for him and not the perceived bias because he represented HH in the past as a lawyer. Further, by virtue of his position, Musonda cannot publicly defend himself. Someone has to do it.
NB – there are other qualified Zambians who can hold this office even on the current Supreme Court bench but I restricted myself to Musonda because he is one who has been singled out in the Sangwa Papers.
Good morning!
I am still on sabbatical…