Africa-Press – Zambia. I have followed the debate with keen interest and as a person interested in independence of institution of governance, I support the principles of transparency and accountability of these institutions. However, the current debate seems to be overlooking one key impediment to achieving this noble cause-legal framework.
The current legal requirement is so insulative and empowers the president to appoint the judicial Service Commission (Art 136(2); sect. 5 of the Service Commission Act), Chief Justice on ratification by parliament (Art 140) and swear in the appointee.
Further, the constitution even empowers the president to overlook parliament in an event of it refusing or delaying to ratify the nominated person (Art 95(4).
“Where the performance of an executive function id expressed by this constitution to be subject to approval by the National Assembly… Where the National Assembly refuses delays the ratification of a measure or appointment for the third time, that measure or appointment shall take effect”
So where advertised or not the current legal framework still empowers the president to proceed as s/He wishes. This, in itself, makes the debate on advertising the position of chief justice though noble, very difficult to realise.
Therefore, Justice Minister, Mulambo Haimbe is on firm grounds on guiding the nation that the law does not Support the advertising process when appointing the CJ.
Therefore, we need to advocate for the change of the law to allow this advertisement process for the recruitment of only the of CJ but also the Speakers of the National Assembly.
Hope the pending constitutional and legal reforms to be undertaken by the new dawn government will accommodate and take this into serious account. I support Haimbe’s position in spirit of respecting the rule of law in Zambia.
