Minister of Justice, George Kunda, says proposed measures in the private Judicial Code of Conduct (Amendment) Bill are unprecedented in the entire Commonwealth and are a serious threat to the independence of the judiciary.
This is according to the report of the Committee on Delegated Legislation tabled in Parliament last week.
Mr Kunda said in his submissions to a private member’s bill sponsored by Kabwata member of Parliament, Given Lubinda.
“This Bill is the only one of its kind in the Commonwealth.
The proposed amendments in relation to officers in the judiciary could be easily manipulated and used to scandalise judicial officers whose private and personal affairs would be exposed in the public domain.
With this kind of possible abuse, the judiciary as an institution can be destroyed,†Mr Kunda said.
The bill seeks to compel judicial officers (Supreme Court and High Court Judges, Industrial Relations Court chairpersons, Magistrates, and Local Court justices, etc.) to declare income, assets and liabilities annually with the Judicial Complaints Authority.
The bill, which also seeks to criminalise failure to file such declarations and filing false or misleading declarations, was however deferred last week alongside the Anti-Corruption Commission (ACC) Amendment Bill after Parliament granted Mr Lubinda leave to defer the bills
Mr Kunda argued that the proposed amendments in relation to the judiciary negated the whole idea of the independence of the judiciary, tenure and security of office, and did not exist anywhere in the democratic world.
“With regard to judges, the intended amendment is unconstitutional for attempting to provide a backdoor amendment to the constitution by inclusion of an additional ground on which a judge may be removed from office, thereby posing a great risk to the security of tenure.
“Judges are not politicians, nor are they elected and are not allowed to issue press statements by virtue of their Code of Conduct.
Thus, judges will be prejudiced and their rights violated when attacked as a result of the public disclosure of their incomes, assets and liabilities as they will not respond to such attacks in public,†he said.
Mr Kunda said a heavy burden would be placed on judicial officers regarding the valuation of their assets, as they would be required to value them annually if they were to file accurate declarations in view of the criminalisation attached to filing declarations.
He said the bill was a threat to those wishing to join the Bench from the private sector where that kind of intrusion into their private affairs did not exist.
Mr Kunda said the bill was not in the interest of the nation as it was not consistent with the constitution and Judicial (Code of Conduct) Act.
“If the proposed amendments are allowed, the possibility of conflict and industrial unrest and a possible constitutional crisis can not be ruled out, as the judicial officers are strongly opposed to these amendments,†he said.
And other stakeholders opposed to the bill submitted that it was unfair, oppressive and sent out wrong signals as it singled out judicial officers from other public servants as a cadre requiring public scrutiny of their personal lives.
The stakeholders, who included Judicial Service Commission and Magistrates Association of Zambia, said the bill detracted from the concept of judicial officers and strengthened the perception that judicial officers were corrupt and should always be checked.
“The bill does not recognise that judicial officers, especially in the lower courts, have continually served under poverty and very embarrassing conditions.
The new law will only expose the embarrassing poverty of judicial officers, especially at magistrate and local court justice levels,†the submissions read in part.
Meanwhile, on the ACC Amendment Bill, Mr Kunda said Mr Lubinda did not consult the Ministry of Justice.
The bill seeks to provide for senior public officers to submit to the Chief Justice an annual declaration of assets, income and liabilities; and for the senior public officers to declare interest in a contract made or proposed to be made by Government.
Mr Kunda said the Kabwata MP was vague on the category of public officers to be affected by the amendment.
“Since the Bill is intended to cover parastatals, public institutions or corporate bodies in which Government has an interest, it is not sufficient merely to categorise such senior public officers from the rank of director and above,†he said.
Mr Kunda wondered why the amendment should leave out accountants, procurement officers and senior personnel handling financial affairs.
He also asked if the need to file declarations also intended to cover the military, intelligence, and police officers.
“Officers in these sensitive institutions should not be exposed to this kind of scrutiny if the country has to effectively maintain security, law and order.
Any intrusion into the private affairs of such officers may undermine public security,†he said.
Mr Kunda concluded that Mr Lubinda did not do sufficient research and consultations and that passing such types of bills would create problems and might be counter productive.
“The above concerns, therefore, have to be addressed by the mover (Mr Lubinda) if the Bills have to proceed any further,†he said.
 Daily-Mail
If we live in a democracy transparency should be encouraged and i believe this bill intends to do that. I wonder why Mr Kunda deems it fit to oppose such a bill. Either he is hiding something or he knows what goes on in the Judiciary and he is tyring to cover up.A special way of handling the scrutinizing should be put in place.Only when it warrants it should the public have access to the records.Unlike totaling refusing access.
Kunda z ryt 4 once,Let Lubinda do some research & consultation,we cant have a country whr every1 z suspected to be this or that.
Kunda is just arrogant. I saw this on ZNBC yesterday when they were discussing the constitution.
JOZE TAKES TURNS IN SOME RITUAL SEX SCANDAL AT THE GRAVEYARD AS THE INVOLVED WOMAN IS PICKED UP
A WOMAN was arrested in Ndola in connection with a school girl who was allegedly being defiled at a cemetery for more than a year.The victim 11 has since been infected with the HIV virus.Police and the girl’s mother of Kawama township, confirmed the incident yesterday in the presence of three officers from the Department of Social Services in the Ministry of Community Development and Social Services.Chifubu police station officer-in-charge, George Zulu confirmed that police were investigating the matter in which a woman was picked up and detained for questioning, but refused to give further details.
Ndola district social services officer, Kelvin Samiselo said his office was aware of the ritual in which the girl was allegedly repeatedly defiled at the grave yard.”This is a shocking and disturbing case of extreme sexual exploitation involving a minor and we are studying the matter.
“We are carrying out an independent investigation to ascertain circumstances under which the ritual was being done. To make things worse, the vulnerable girl is now infected with the HIV virus,” Mr Samiselo said. A medical report released by Arthur Davison Children’s Hospital showed that the 11-year-old girl was repeatedly defiled and tested positive to HIV.
The mother said her daughter, was expected to start receiving treatment of the life-prolonging anti-retroviral drugs (ARVS) in October depending on her CD-4 count. Narrating her ordeal to the social services officers, the girl said she was being sprayed with some chemicals that made her confused whenever the woman took her to the graveyard for the sexual ritual.”After I was made confused with the chemical, the woman used to cover my face before a man called Ba Joze claiming to come from Mine masala market used to cover his face when defiling me.
“The only thing I can remember is that the man was tall with brown and cracked hands,” the girl said.
However, the family is angry that the woman has since been released.
The mother, who has also reported the matter to the Permanent Human Rights Commission offices in Ndola, expressed concern at police’s failure to take the matter to court.
“All I want is to see to it that justice is done. My daughter is now suffering from HIV.
#4
You not my type for the fight. Plz leave me alone. We are busy in trying to do what your ci minister of education has failed to do by putting ututabo like
1. pano calo
2. shikalume kalyonso
3. Pio na Vera
4. Kachasu na Kachule (bamusha ulweko)
5. Kalulu anoka
6. Uwauma nafyala
7. Imilandu yaba Bemba
8. Kobekela tecupo
u Children of these days u dont know anything about ur roots apart from v/games.
Mwaice #4, am not bemba. My real name is Jozeblinnah which you will soon see in the movie “Sheli”. I played two roles. One was a train porter who hashly answered back at Sheli anti “amba lapa lo sitima wena mbuya kusasa”. Anyway that descpt suits ci Pragmatist uwatemwa ifya kusatikila no kuyinatwila pakutafya ingulu.
#4
You’re not my type for the fight. Plz leave me alone. We are busy in trying to do something what your ci minister of education has failed to do for the pupils by putting ututabo like
1. pano calo
2. shikalume kalyonso
3. Pio na Vera
4. Kachasu na Kachule (bamusha ulweko)
5. Kalulu anoka
6. Uwauma nafyala
7. Imilandu yaba Bemba
8. Kobekela tecupo
u Children of these days u dont know anything about ur roots apart from v/games.
Mwaice #4, am not bemba. My real name is Jozeblinnah which you will soon see in the movie “Sheliâ€. I played two roles. One as a train porter who hashly answered back at Sheli anti “amba lapa lo sitima wena mbuya kusasaâ€. Anyway that descpt suits ci Pragmatist uwatemwa ifya kusatikila no kuyinatwila pakutafya ingulu.
Ba Jose since you are the mayor of lusaka i need info. Bushe chilya chi building mu fridom way ica ba ZISC palya apafwile namayo chicili under construction. The other thin Palya pa ma loboti pa chaici ya ba chimpempe pali vacant land is it still vacant?
one zambia one zesco one lizard
I support this bill because so far Judges have accumulated so much wealth and they must be subjected to the same level of scrutiny as any other Zambian living in say Kanyama or Zingaluma. Period.
COMPANIES THAT ARE IN THEIR FIRST STAGE OF THEIR OPERATIONS.
These companies are often initially bank rolled by their entrepreneurial founders as they attempt to capitalize on developing a product or service for which they believe there is a demand. Due to limited revenue or high costs, most of these small scale operations are not sustainable in the long term without additional funding from venture capitalists. These venture capitalist funds are neither easy to land nor fair for a small venture to handle.
Understanding such challenges among our Zambian small and medium entrepreneurs, some visionary Zambians have worked hard, networked and now pulling together big resources for easy access of Zambians in Zambia provable to be in the viable business act. Over time ingenuity has birthed what should be a sustainable partnership from which Zambian Entrepreneurs developing Zambia should count on for their Capital structures.
Least we forget that in the late 1990s, the most common type of Startup Company in the USA was a dotcom. Venture capital was extremely easy to obtain during that time due to frenzy among investors to speculate on the emergence of these new types of businesses. Unfortunately, most of these internet startups eventually went bust due to major
oversights in their underlying business plans, such as a lack of sustainable revenue.
However, there were a handful of internet startups that did survive when the dotcom bubble burst. Internet bookseller Amazon.com and internet auction portal eBay are examples of such companies. The opportunities in Zambia call for some systematic business approach. There is money for your business growths just understand the market. Now made it real for serious entrepreneurs to grow their life time dreams. Business is about risk taking. The more aversive an entrepreneur is, the more the risks to miss out.
#5
Great idea Ba Jose
I would like to have a copy of each mentioned book. I have looked in bookstores in Z. Do you have copies,or info were i can find them?
#5 we must support such moves, to me there is big gup between, those who read such books,and the v/games generation.should reproduce most of the publication of likes ya mpashi, kapwepwes[ubuntungwa mu jambo jambo], ilulumbi lwa mulanda. we can as well as ba Edward Bwalya to publish ‘kaleya’, l fill like going back to primary school again. Thanks again for such a bright idea.
#11 and 12
Thanks guys, to acknowledge our efforts. We are now in touch with CDC.I will add your request on the list.
#11 and 12
Thanks guys, to acknowledge our efforts. We are now in touch with CDC.I will add your request on the list. At the moment we are reading “Jekisoni Ayingila ubusoca” and likely by next month we shall start filming it. If you need copies of these book you can see Mr Nyasulu at CDC. OR email me for details.
[email protected]
#14 BaJoze ababalumendo #11&12 balefwaikwa ku launch pantu aya ama buku yalinokucinja imkulile yabana especially ba mwana Pragmatist na chi Veteran, that is why BaJoze uyu pragmatist alefwaikwa mu ‘chekesoni ayingila ubusocha’ pakuti tukacite ubipilibulo mu cisungu, mambala mu cisungu ninyela alicikulila insakwe.
Iwe chi Veteran abanobe ama Veteran baliba progressive nomba iwe amano yacili fye kwati yakwe Esther Nakawala.Ucinje naukula, pakukula tapalila ingomba.
#15 Kuku,
#11 nine musonda mwanakashi how i wish i could be there. I have in the resent past helped produce one similar play for TV. Alas i am 8000 miles away for now.
#14
Thank you ba Joze, i will get in touch just now on email.
#16 we can still do something to help, l am one of those away from home, who knows, may be that’s why may be we are away from Zambia.
#14 Ba Joze, i sent you an email and it has bouced back. please email me the details of Mr Nyasulu
at [email protected]. Thanks.
#19 musonda
my email ba Musonda
[email protected] (NB* THERE IS_ BETWEEN ba and joze)
Nevertheless, I will email u now.
hey guys
i am looking for the books that you guys were saying as i am one from this generation but i would like to know where i cam from esp pio na vera