“I feel aggrieved that the judiciary is tarnishing my reputation, insulting my integrity, and questioning my capacity to decide what is careless and baseless!” – Dr. Sishuwa Sishuwa.
Lusaka, Jan. 26 – Last week, I asked, “Why are all the court cases – three in the Lusaka High Court, one in the Constitutional Court – involving the State-supported Miles Sampa versus the main opposition Patriotic Front only given to Lozi-speaking judges?”
This week, “The Judiciary of Zambia” issued a rare press statement in response to my post, branding the questions I posed as ‘careless and baseless statements’ that ‘undermine the judiciary…jeopardize the integrity of the legal system and have a direct effect on investor confidence.’
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I can ignore the effort when it is the ruling party-aligned intellectuals and civil society actors who attempt to discredit my name. This is because I do understand – and I am even sympathetic to – the primary impulses that are causing individuals including those in academia and civil society today to betray public interest and identify themselves with the ruling elite.
In an impoverished country like Zambia where the state is the dominant employer, the ability to stay alive requires association with the government of the moment. The price of dissenting, of challenging the government, of being in the minority, is very high.
I know this from personal experience under this administration and previous governments. I do not accept it, however, when this role of attacking government critics is taken up by “The Judiciary of Zambia”, which according to the Constitution of Zambia, consists of the Supreme Court, Constitutional Court, Court of Appeal, High Court, subordinate courts, small claims courts, local courts, and any other courts as prescribed by Parliament.
I feel aggrieved that the judiciary is tarnishing my reputation, insulting my integrity, and questioning my capacity to decide what is careless and baseless.
Now since the “The Judiciary of Zambia” has already pronounced itself on this matter, where do I go to get justice?
Here’s the Press Statement by the Judiciary!
Judiciary emphasizes impartiality and commitment to the rule of law!
The Judiciary of Zambia wishes to dispel assertions circulated by some individuals and certain media houses that suggest the institution’s alignment with individuals, particular tribes, or political parties and particularly that “Judges are being cherry-picked to hear PF cases”.
Our commitment to upholding the rule of law is sacrosanct. The Judiciary is an organ of State dedicated to upholding the principles enshrined in the Constitution and is above individual, tribal or party alignment. It is therefore essential that we dispel any misconceptions that may undermine public confidence in not only the institution, but the country as a whole.
All matters filed in the Constitutional Court are allocated to a single Judge to handle all preliminary issues and to issue orders for directions. Once the matter is ready for hearing, it is cause-listed to be heard by a panel. All matters filed during a vacation, such as the just ended Christmas vacation are handled by the designated vacation Judge, as was the case with Justice Mulife. It is therefore impossible that any matter can be determined by a single Judge, as this is a collegial court.
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We encourage citizens to engage in constructive dialogue and discourse, and to express their concerns through appropriate channels, in order to maintain and enhance the strength and credibility of the justice system.
We remain resolute in our dedication to upholding the constitution and ensuring that the rights of every individual are protected. It is crucial to remind the public that careless and baseless statements undermining the Judiciary not only jeopardize the integrity of the legal system but also have a direct effect on investor confidence.
Issued By:
Kalumba Chisambisha-Slavin
Deputy Director
Corporate Communication
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