By Mwaka Ndawa
THE Law Association of Zambia says it has decided to join forces with constitutional lawyer John Sangwa in a matter where he has petitioned the state over the powers given to the President to propose the emoluments and conditions of service for judges, for being in excess of Article 123 of the constitution.
According to a press statement issued by honorary secretary Sokwani Chilembo, the Association has applied to join the matter as the second petitioner because the petition boardered on the independence of the judiciary.
“It is public knowledge that a petition bearing cause No. 2021/CCZ/0012 was
filed in the Constitutional Court on April 16, 2021 by Mr John Sangwa SC. In that Petition, the Court is being invited to consider specific provisions of the constitution that relate to autonomy of the Judiciary,” Chilembo stated.
“The Law Association of Zambia (LAZ) has had occasion to study the said petition, and is of the view that it raises serious constitutional issues that are at the core of constitutionalism and the administration of justice in Zambia.”
Chilembo said LAZ believed that the matter was in line with its mandate under Section 4 of the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia, and that it was important for the association to join the proceedings.
“It is against this background that LAZ has made an application before the Constitutional Court to join the proceedings as second Petitioner, to support the Petition,” said Chilembo.
State Counsel Sangwa has cited the
Attorney General in the matter seeking a declaration that authority given to the President to prescribe emoluments and make regulations prescribing perquisites and conditions of service for judges were ultra-vires Article 122(3) of the Constitution, which guarantees autonomy of the Judiciary.
Sangwa wants the ConCourt to order and compel the Minister of Finance to put in place measures satisfactory to the Judiciary to ensure its financial independence and self-accounting, within three months or such period as the court may deem appropriate from the date of the order.
He prayed that the court orders the Minister of Finance to adequately fund the Judiciary in every financial year.
Sangwa also asked the court to quash sections 3, 10,11, and 12, including Statutory Instrument No. 88 of the Act for being inconsistent with the Constitution.