State Counsel (SC)
By Dickson Jere
President Hakainde Hichilema has today conferred the Rank and Dignity of State Counsel (SC) on Justice Minister Mulambo Haimbe and therefore took Oath of Office at a swearing-in ceremony at State House. This is just a second step in becoming State Counsel – the Minister will now await for a Call-Day to be admitted to the Inner Bar by the Chief Justice to complete the process. Congratulations are in order to my friend Hon. Haimbe for taking what we call “Silk” in legal parlance. He will henceforth be required to wear Silk gowns and long ceremonial wigs! His legal fees, when he goes back in private practice, will be higher than the rest! More money in his pocket.
It is an well deserved achievement!
The law – Legal Practitioners Act – permits the President of Zambia to appoint not more than three State Counsel every year. Those intending to be State Counsel apply and there is a process of vetting which includes the Law Association of Zambia and the judiciary. Ideally p, candidate must be someone who has distinguished himself in the practice of law.
However, the law also provides that certain office holders should be conferred with the rank and dignity of State Counsel. These are Attorney-General, Solicitor-General and Director of Public Prosecutions. Before the law changed, holders of these offices were never entitled by right to be SC – that is one Chilupe who served as Attorney-General under the Frederick Chiluba government was never SC. Debate abound whether this should be continued or not but suffice to note that Attorney General is leader of the Bar and therefore makes sense for office holder to be SC.
By convention , only litigation lawyers have ended up being conferred with the the SC title. This has triggered debate as to whether an accomplished legal scholar – without Courtroom experience – should also be entitled to be admitted as State Counsel. We have renowned lawyers such as Muna Ndulo who has taught so many and his books are must read for every law student at undergraduate. Should such be entitled to be State Counsel? What about those who have practiced law in-house as corporate lawyers or indeed company secretaries and have contributed to the growth of law and jurisprudence in Zambia?
You see, State Counsel is senior most position within the legal fraternity. It takes precedence over the other lawyers and you are accorded the highest respect – and State Counsel cannot appear alone but with junior counsel as part of mentorship. So what happens when a State Counsel is appointed Puisne Judge? Should they carry the title? Judiciary hierarchy of precedence is different from lawyers. Whilst lawyers follow State Counsel and number of years at the Bar, the judiciary follow seniority of the Court. Simply, a judge State Counsel in the High Court is junior to a Judge non-State Counsel in the Supreme Court.
Back to Haimbe.
It appears precedence is being created by convention that a lawyer minister of Justice should also be State Counsel. This was started in the PF administration when Justice Minsters Wynter Kabimba, SC and Dr. Ngosa Simbyakuka, SC were conferred the title of SC. It makes sense from the point of view that Minister is “first among equals” in the ministry and therefore cannot be boss of two State Counsel when he is also senior lawyer!
Congratulations to the newest Silk in town Hon. Mulambe Haimbe, SC, MP