• PRESIDENT Edgar Lungu receives an affidavit of oaths from newly-sworn-in High Court Judge Catherine Phiri at State House yesterday. Picture by KACHA MIYOBA/ZANIS

By CHUSA SICHONE –
PRESIDENT Edgar Lungu has spoken to disabuse Zambians of the idea that judges are appointed by State House, saying he had no such powers.
He has also challenged the Judiciary and the Commonwealth to help Zambia find ways to ensure both the poor and the elite have equal access to Justice.
Mr Lungu counselled Zambians to take time to read and understand the Constitution before commenting on the appointment of Judges.
Speaking when he swore in four Judges at State House yesterday, President Lungu said it was not his place to appoint Judges but that of the Judicial Service Commission.
The president’s role in such cases was merely to transmit the Commission’s recommendations to Parliament for scrutiny and subsequent ratification before the names of those approved went to him for swearing in.
He said Zambians under the illusion that the president appointed Judges needed to take time to study the Constitution “before they open their mouths and talk too much”.
President said there was need for everyone a justice system that treated everyone fairly and not one tilted towards the rich and against the poor.
President Lungu swore in Martin Musaluke as Constitutional Court Judge, Florence Lengalenga as Court of Appeal Judge, Kelvin Limbani and Catherine Mulenga Lombe Phiri as High Court judges.
“This morning as I was coming I was thinking, ‘What do we do to improve access to justice for our people?’ When a big guy (or big girl) is nabbed, one week he’s out because you become very efficient but when a poor man from Kanyama is arrested, he stays months and years in custody on the same charge.
“We have to find ways through collaborating with the Ministry of Justice, the Judiciary, the Presidency and all of us… how we can improve quality service delivery to all of our people. Not only the politicians or the elites should have quality access to justice but, it should be all of us. The challenge is on you,” President Lungu said.
President Lungu said as Zambia continued amending the Constitution, there was need to consider allowing the courts to decide who should be granted bail and who should not because Judges were better placed to determine based on the gravity of the offence.
President Lungu said that he had observed that the police could “trump up a charge” such as aggravate robbery or murder and the accused ended being denied bail but it was not the case if some elite person were involved.
“So I think that those who want to help us in the Commonwealth, as you talk about dialogue and the transformation of our political landscape can do better to also to bring about aspects which can help us deliver justice quickly to our poor people,” President Lungu said.
He challenged the Judges to carry out their functions independently, transparently, responsibly, accountably and efficiently and to have thick skins so as not to be swayed by outside influences for them not to be compromised. This was the only way to win the public’s trust and confidence in the judicial system.
Chief Justice Ireen Mambilima told journalists in an interview that the mix of Judges who were appointed was encouraging as they had different capabilities and that she was looking forward to having specialisation in the Judiciary to enable Judges have the capacity to deal with all sorts of disputes.