Can a Judge be sued? - Woodpecker's Digest

A Judge was sued in his individual capacity for libel, however, the Attorney General applied to have the High Court Judge removed from the proceedings!

By Dickson Jere.

Lusaka, April 9 – A High Court Judge had differences with his Research Assistant. And so, he penned a letter to the Judiciary in which he raised his concerns against his Research Assistant.

It is the tone of that letter that triggered a legal case. The Researcher believed the tone of the letter was defamatory and that the words used by the Judge led to his dismissal from the Judiciary.

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He then sued the Judge in his individual capacity for libel and the Attorney General for the constructive dismissal from the Judiciary. However, the Attorney General applied to Court to have the High Court Judge removed from the proceedings because he was performing his official duties when he wrote the letter. He, therefore, is insulated by the State Proceedings Act from being sued in personal capacity.

The Judge In-Charge at Lusaka heard the application and determined thus;

“It should be restated that the object of the State Proceedings Act is to protect servants of the State from being personally held liable from actions arising out of their official duties,” Judge Charles Zulu observed.

“Otherwise, the chilling fear of being personally sued for acts done on behalf of Government may jeopardize optimal productivity and efficiency in the delivery of judicial and public service,” the Judge said.

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He then ordered that the Judge be removed from the proceedings because he is insulated by law and instead the claims should all be channeled to the Attorney General who by law should represent him.

“This does not in any sense prejudice the Plaintiff’s action, especially that it is the State, as it were, that is underwriting the misjoinder,” the Court said, adding that whatever claims the Researcher had against the Judge would be atoned by the State.

“Additionally, the Attorney General, the statutory ordained party remains an active party to the cause; to answer to the supposed misfeasance apportioned to the now struck out 1st Defendant” he said.

For the details of this Ruling, read the case of Bright Kaluba v Kenneth Mulife and Attorney General – 2023/HP/0064 and the said Ruling was delivered on the 28th March, 2024.

The key phrase in this Ruling is that the Judge cannot be sued when performing his “official duties” just like any public officer. However, anything outside the official realm, they can be sued.

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