The Commonwealth Lawyers Association (CLA) has added its voice on the matter regarding the treatment of lawyer John Sangwa S.C. of Zambia by the government and the stripping of his right to practice in any court in the country, reports Zambian Eye Correspondent.
Recalling that the Basic Principles on the Role of Lawyers(Basic Principles) were Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, CLA says due process in dealing with his case was not followed.
CLA says it noted with concern the violation of basic principles by the government and as stated on paragraph 16:
Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrances, harassment or improper interference; and shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
The lawyers body also says that the Basic Principles paragraph 19 was also ignored by the government which states that:
No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.
CLA adds that some of the other clauses of the Basic Principles include paragraphs 27, 28 and 29 which states that:
Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.
“Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review.
“All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles.
The lawyers body added that Mr John Sangwa has been prevented from practicing in all courts of law by the direction of the Judicial authorities in Zambia. And bemoaned that this was done before a complaint that they have filed against him has been considered by his professional body; and that the judiciary, which should uphold a right of due process, has not permitted due process in this case to run its course.