By Julia Malunga,
CHIEF Justice Dr Mumba Malila says he will ensure that judges and judicial officers perform their function with dignity and integrity, adding that those who are perpetually underperforming should expect to answer questions before the Judicial Complaints Commission.
And Justice Malila says his wish is to see a Judiciary where all staff is unquestionably properly qualified, competent, committed, ethical and honest.
Giving his inaugural address to adjudicators and support staff virtually, Wednesday, Justice Malila urged the adjudicators to bear with him if he appeared to slightly veer off from the footsteps of his predecessors, saying there was no room for misbehaviour under the guise of exercising judicial independence.
“There is a perception that judicial independence entails that the doings of individual adjudicators cannot be scrutinised without occasioning violence to the much acclaimed independence of those adjudicators. I agree that the judicial independence of individual adjudicators must be respected at all costs.
I urge you honourable adjudicators to boldly assert your own independence and this should be evident in the decisions that you pass. Lack of independent-mindedness and honesty compromises fairness, impartiality and integrity of the adjudicator. Develop a passion for what you do, for only then will you be devoted to it. Lack of dedication to duty goes hand in hand with absence of self- discipline.
Performing judicial functions competently, impartially and independently helps avert the creation of an impression that adjudicators collude with any party to litigation or other interested entities to deliver predetermined outcomes,” he said.
“Yet, there is also a view that impunity and unaccountability may have taken root among our adjudicators owing to what some people view as distant supervision. Please bear with me if I appear to veer off slightly from the footsteps of the eight previous occupants of this office.
I think that under both the Constitution and the Judicial Code of Conduct Act, there is no room for misbehaviour under the guise of exercising judicial independence and failure to perform properly the judicial function which the public has so heavily invested in and consistently voiced out on.
I thus intend to carry out actively and passionately, the responsibility entrusted in me as Chief Justice under Article 136 of the Constitution to ensure that judges and judicial officers perform the judicial function with dignity, propriety and integrity; that they perform their responsibility without fear, favour or bias. I urge all adjudicators to take heed.”
And Justice Malila said adjudicators with pending disciplinary proceedings would be expeditiously afforded an opportunity to clear their names.
“Those with pending disciplinary proceedings will be expeditiously afforded the opportunity to clear their names. In the same vein those who are perpetually underperforming or otherwise failing to deliver or to discharge their responsibility competently, diligently and with integrity can expect to answer questions before the Judicial Complaints Commission.
Curbing delays in the delivery of judgments may necessitate reforming our rules in order that the prescription of deadlines for hearing and delivering of quality judgments is also aligned to the Judicial Code of Conduct so that delinquent adjudicators are made to account.
Additionally a performance appraisal system based on the returns and the qualitative presentation of adjudicators’ work will be introduced so that adjudicators consistently performing badly do not escape the notice of supervising officers,” he said.
The Chief Justice noted that the Judiciary had lately been under massive and unremitting criticism from members of the public due to the manner in which some courts handled matters of immense public interest.
“Our justice system is today in substantial discredit for fairly fathomable reasons. And it is no secret that lately the Judiciary has been under massive and unremitting criticism from members of the public.
Very critical comments about the manner in which our courts, well some of them, have handled matters of immense public interest, especially those which implicate democratic governance and the rule of law, have been repeatedly ventilated publicly.
Pockets of the Zambian society, including our politicians, civil society organisations, lawyers, clergymen, litigants and accused persons, have not concealed their shrinking faith in the Zambian Judiciary as a sanctuary for the vindication of those principles which are prized in any true democracy namely, truth, justice, fair play and equality before the law.
Rightly or wrongly some members of the public have accused the judiciary of failing the Zambian people in its role of impartial adjudication and resolute constitutional guardianship; that the Judiciary has in some instances been complicit in undermining the rule of law and entrenching a culture of impunity,” he said.
“Times without number we have heard accusations that our Judiciary suffers political manipulation and compromise; that some judgments are motivated by considerations that are inconsistent with the judicial oath of office.
Other public criticisms against us, our decisions and processes, include our apparent lack of pace as manifested in sluggish or slow justice. Delays in the delivery of judgments and rulings and the long adjournments of cases have particularly infuriated litigants.
Declining standards of adjudication, inefficient registries, primordial courtroom facilities and procedures, substandard judgments which occasionally lack in clarity and are poorly articulated; the indiscreet use of authorities and the evident failure, in some cases, to keep on top of developments in the law, have in their own way provoked a degree of discomfiture amongst stakeholders.
And whether these allegations are founded or not is neither here nor there. The point is that much of what has happened over the years to dampen public confidence in the Zambian Judiciary is attributable to these very allegations.”
Justice Malila said his vision as Chief Justice is that of a transformed Judiciary that will reclaim public trust and confidence.
“And so the vision I have of the Judiciary under my charge as Chief Justice is that of a transformed institution that will reclaim public trust and confidence; an institution that is truly a co-equal to the other arms of government, consolidated in its independence, especially financial independence; an establishment that will prime the fair administration of justice for all anchored on the core values of impartiality, independence, accountability, ethical and professional practices, fair procedures and respect for human rights; a judiciary that society will identify with as a dependable ally in vindicating their rights and promoting the rule of law.
My wish, dear colleagues, is to see a Judiciary where all staff (adjudicators and support staff alike) is unquestionably properly qualified, competent, committed, ethical and honest; where they reflect on their performance and invest in their own professional development with the Judiciary affording them the scope and opportunities for this.
A qualified and competent adjudicator is oftentimes confident and independent too,” said Justice Malila.-News Diggers