NEMO JUDEX IN CAUSA SUA: FROM SAVENDA v STANBIC TO JOHN SANGWA, THE PEOPLE’S LAWYER
“Nemo judex in causa sua” (no-one is judge in his own cause). The universality and applicability of this principle of natural justice is beyond challenge in any progressive society of human beings who are in the land of the living. No one can ever reasonably sit as judge in a case in which he has an interest. It is repeatedly submitted in all jurisdictions that, “justice must not only be done, but must be seen to be done”.
Any proceedings, anywhere in the world, in which a court or tribunal sits to hear its own case as prosecutors and judges, must be stopped. If such proceedings were not stopped and judgment got delivered, then such a judgment must be rendered invalid. It ought to be quashed or remitted for an impartial re-hearing. This standard of justice was long established in 1544.
We, in the United Progressive People (UPP), are in shock, but not surprised, that after close to 60 years of Zambia’s political independence, our justice system still begs for reform. The current generation is paying the price of the biggest scandal of all times – Zambia does not have a Constitution. We don’t know how well we shall explain this to the citizens of Zambia.
UPP has for years been working very hard, within the limits of its resource envelope, to reawaken the consciousness of all Zambians across tribe and race to the reality that what we have been referring to as “The Constitution of Zambia” is NOT a constitution. What we have is Schedule Two of an Order in Council, which order was issued as a subsidiary legislation by the Queen of England pursuant to the provisions of the Zambia Independence Act, Section 65 of the Laws of England.
Like all other former British colonies, our nation should have immediately after the proclamation of independence sat in a Constituent Assembly to craft and enact the Supreme Charter of the Land to put 100% a legal break to all the archaic colonial statues that still have an effect of law in our land.
Since when did it become illegal or contempt of Court for citizens in democratic society to discuss court rulings? Political parties, Churches, professional bodies, academicians, and the general populace are at liberty, in the enjoyment of free speech, to discuss matters of the judiciary, executive and legislature that affect their lives.
We, in the UPP, knew it that after the Savenda v Stanbic case, there are similar situations that will arise and more Zambians will pay the price. Courts shall continue to be abused by the appointing authority (the President) to settle political scores. These things have not started today, but we have continued to entertain such as normal.
The Chewas say, “chili pa muzhako chapita, mawa chili paiwe” (what affects your friend today will also affect you tomorrow). Yesterday it was Derrick Sinjela and Gregory Chifire, today it’s John Sangwa tomorrow it will be on you.
The media report that the distinguished Most Learned John Sangwa, SC, has been barred from appearing before any Court in Zambia must be followed by all of us, especially the youth across Zambia, with interest. What crime has the Most Learned John Sangwa, SC done to be barred? We wait to know the reasons.
To the youth of Zambia: take note that the next elections in 2021 will be about you! Nothing for the youth without the youth! #Calo #Cesu!
It’s time to arise from our caves to end all forms of tinpot dictatorship. Zambia for ALL of us and NOT for a few LOOTERS at the top!
#NoThirdTerm! #GoBack!
Saviour Chishimba
UPP PRESIDENT
#VOTE on the staff #Pankonto! for No PAYE; No Sales Tax; No Market & TV levies; No tolls on Public Roads; Land redistribution & houses for all Zambians.
#Kululazambia!
#OrganisingForChange!