By Sishuwa Sishuwa
This is complete lawlessness at play.
Firstly, the move offends the basic rules of natural justice. It is a known principle of the law that no one can be condemned without being heard. So, this adverse position has been taken against a party that has not been given the right to be heard.
Secondly, in terms of the Legal Practitioners’ Act, it is the function of LAZ to deal with misconduct of the members of the bar, and not the court. The only thing the court can do is to alert LAZ to the alleged misconduct of a member, and urge to take interest in the matter. The court can only act on the recommendation from LAZ after all investigations and hearing have taken place.
Third, the notice is coming from an Administrator, who is not a court. His responsibility is administrative, and I cannot see how an administrator in the judiciary can feel aggrieved by the utterances of the advocate.
Fourth, how about following the rule of law? If anyone is aggrieved by another, the correct procedure is for one to complain to LAZ. The accused would then be invited to appear before the Legal Practitioners’ Committee. If a prima facie case is established against the accused, the matter is referred to the LAZ Disciplinary Committee, which can potentially mete out punishment.Afterwards, the accused, if unhappy, could appeal to the court for redress. Now, what has happened is that they have started with the penalty before the hearing!
Where does the accused go afterwards if he is unsatisfied with the LAZ verdict?
Fifth…l should stop here because my blood is boiling at this injustice. It would appear that the judiciary has moved from silencing ordinary citizens to lawyers. It’s a disaster, this thing called “Zambia,” right now.