8 judges get Parley nod for Court of Appeal
Published On December 13, 2017 » 2790 Views» By Davies M.M Chanda » HOME SLIDE SHOW, SHOWCASE
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. Lubinda

. Lubinda

By CHILA NAMAIKO  –
PARLIAMENT yesterday unanimously ratified the Presidential appointments of eight judges, with Justice Minister Given Lubinda cautioning some opposition United Party for National Development (UPND) members of Parliament (MP) against dragging the name of the Judiciary into disrepute.
Justice Martin Musaluke was ratified to serve as Constitutional Court judge.
Those ratified to serve as Court of Appeal judges are Justice Florence Lengalenga, Justice Petronella Ngulube, Justice Mwiinde Siavwapa and Justice Betty Mung’omba.
Justices Kelvin Limbani, Conceptor Zulu and Catherine Phiri will serve at the High Court.
Moving the motion for ratification, Parliamentary Select Committee chairperson Patricia Mwashingwele told the House that the committee had cautiously scrutinised the nominees and found them to be persons of high integrity in society.
Ms Mwashingwele, who is UPND Katuba Member of Parliament (MP), said the Presidential appointments were made pursuant to Article 140 of the Republican Constitution of Zambia, Chapter One of the Laws of Zambia.
The Article states that the President shall on the recommendation of the Judicial Service Commission (JSC) and subject to ratification by the National Assembly, appoint chief and deputy chief justice, president and deputy president of the Constitutional Court and other judges.
“Noting the critical role Judges play in the country’s governance system, the committee resolved that only qualified and competent persons with unquestionable integrity, diligence, eminence, sound charterer and a strong commitment to justice shall serve as judges,” Ms Mwashingwele said.
She said, with regards to the Constitutional Court Judge, the committee observed that it was necessary for the nominee to have the requisite specialised training and experience in human rights or Constitutional law.
The committee requested for memorandum from relevant state security agencies, professional bodies and other stakeholders including the appointing authority.
The House heard the witnesses appeared before the committee to ascertain suitability of the nominees to serve in the offices they had been appointed to and was satisfied with state security agencies indicating that they were no adverse security concerns against any of them.
Seconding the motion, Serenje MMD MP Maxwell Kabanda said the nominees were committed to enhance justice delivery as evidenced by the few pending judgements before them.
UPND Mazabuka MP Garry Nkombo, in debating ratification of the nominees, implored them to always ensure their judgements were respected by every individual.
Patriotic Front (PF) Lupososhi MP Bwalya Chungu implored the judges not to use emotions, but dispense justice in accordance with the law adding that if manners of the Constitution were not handled properly, could cause misinterpretation in the country.
In his contribution, Mr Lubinda said it was unacceptable that some UPND MPs were bent on attacking Judiciary, when the institution was independent with judges working hard to delivery justice.
The minister said the House should not be used as a platform for some lawmakers to settle grievances by taking-ill of the country’s Judiciary.
On calls by UPND MPs in the House to ‘pay back’ in reference to a judgement from the Constitutional Court compelling over 60 former Cabinet ministers to pay back to the Treasury the money they earned, Mr Lubinda reaffirmed that Government had not yet received the judgment.

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