ACTING Chief Justice Lombe Chibesakunda says there is need for judicial reforms that will enhance the dispensation of justice and develop Zambia’s legal system.
Justice Chibesakunda said Zambia does not have its own civil procedure code but relies on the rules of the white book of the Supreme Court of England.
“The white book is outdated. We need to work on reforms that are relevant to our justice system,” she said.
Justice Chibesakunda said this in Lusaka yesterday during a signing ceremony between the Judiciary and United Nations Development Programme (UNDP) for supporting the modernisation of civil procedure rules.
She said the white book is out dated and hence irrelevant to Zambia’s legal system.
Justice Chibesakunda said an indigenous civil procedure code will enhance litigation and reduce the time for fisposal of court cases.
She said this will have a positive impact on the economic and social development of the country because an efficient and effective justice system is important to the commercial, financial and industrial aspect of any country.
“We need the judicial reforms to be conducted but no-one has come to us to tell us where to start from with the judicial review,” Justice Chibesakunda said.
And speaking at the same function, outgoing United Nations resident coordinator Kanni Wignaraja said a strong, independent and robust judiciary is the pillar of social justice.
Ms Wignaraja, who is also UNDP country representative, said an optimal civil court system provides justice to all without discrimination and that the reforms will enhance the system and remove all forms of politicisation and subjective opinion which undermine it.
“These reforms are a key signal that strengthens the rule of law and confidence in the system by Zambians and investors,” Ms Wignaraja said.
She said the assessment should not take long and that the reforms that will be undertaken should enhance justice delivery in the country.
Wonder why it hasn’t changed all this time. We can’t continue using this old judicial system that has caused many people to be treated unfairly. It has to change soon or the whole zambia is doomed.
Olo ichinje Judges like Chibesakunda would still be incompetent.
How about getting rid of the white wigs first. Clear your heads of the cotton and then start working on your own constitution that suits Zambian people.
Point of correction, it is not outdated. If it was how come the English legal system is way better than ours? and if you insist it is outdated get it updated.
The 1999 White book is hard to find on the market whilst the UK has moved on. We are relying on procedures that have been overtaken by time. I am overwhelmingly in support of Madam CJ to have our indeginous civil procedures which will not be as stiff as those of the ‘developed’ world for an efficient dispensation of justice and its delivery. LAZ, let us support the CJ on this one! Procedure is for all.
@hey, it is outdated. For your info we are using the 1999 edition when we decided to freeze procedure, otherwise England now have the 2012 version which not applicable to us because we froze procedure in 1999. We do have our own procedure governed by the High Court Rules but these are inadequate in some respects hence the need for reforms. @Jordan Lawyer, I believe the LAZ would not unreasonably withhold their support as their main interest is effective justice dispensation.
Update for you:
White Book (1999) has existed less than two years in England before been replaced by new rules.
I think it is THE PERSON COMMENTING THAT IS OUTDATED!!!!!!!!
you say the white book is outdated, how about saying ‘my acting chief justice time has elapsed, i have honor to uphold’. See beyond the gratification from the cobra madam. Cobra will not always b there to protect you, just look at the confusion/destruction in HIS party, how quickly things have started falling apart. Dont say u were never warned!
“We need the judicial reforms to be conducted but no-one has come to us to tell us where to start from with the judicial review,” Justice Chibesakunda said.
MADAM I THOUGHT THAT BEING AT THE HELM OF THE JUDICIARY YOU ARE SUPPOSED TO SPEARHEAD THE JUDICIAL REFORMS AND NOT WAIT FOR SOMEONE TO TELL YOU WHERE TO START FROM. NO WONDER THAT WHEN PEOPLE ARE TELLING YOU TO VACATE THAT OFFICE YOU REALLY DON’T KNOW WHAT TO DO. SHAME.
Stand down iwe. You have the guts to issue a statement with your tainted image!
To all bloggers: Please do not disparage or pass contemptous comments on the CJ! That is the court.
jordan if she had an iota of self-respect, we JUST MIGHT heed your call, but alas she free for all mudslinging!!!!
2016. we don’t want to listen what you say old greedy kaponya
Atleast chakambako vanzelu lelo weeeeeeeeeeeeee
Both the white book and the old lady are outdated !
“We need the judicial reforms to be conducted but no-one has come to us to tell us where to start from with the judicial review,” Justice Chibesakunda said. IWE CHI CHIBESAKUNYA YOU ARE OUTDATED YOURSELF AND NEED TO GO AND REST. INDICATORS ARE THAT YOU ARE LIKELY TO BE ARRESTED TOGETHER WITHYOUR UKWA, CHIKWANDA, MUNKOMBWE” IN GOVT TO EAT” SHAMENDA AND THE WHOLE GANG. YOU HAVE FAILED US. THE BEST YOU CAN DO IS TO QUICKLY ABANDON UKWA. HOWEVER, MONEY KNOWS NO LAW. DO NOT SAY I WAS NOT TOLD.
‘You think you are very intelligent and all of us are stupid. All those people who died for this country are stupid. You come in and you want to change everything.’ LOL
Yes madam change some of those rules including rules which will allow prosecution of former heads of state who deny the citizenry a people driven constitution.
It is evident that most of the people that have commented DO NOT KNOW what the ‘WHITE BOOK’ is. It is therefore imperative, before we start making disparaging remarks against the CJ to seek some legal understanding of what she is saying. WE DO NEED THE REFORMS, and this would be for the best of dispensation of justice!
@ St. Jude …… The Court is full of procedure, protocol, precedents and ‘certain way’ of doing things. You might have heard of things like joinder, rejoinder, admissible evidence, parol evidence, suit, witness (compellable or not) etc. That is all in the realm of the White Book. This book enumerates the rules that govern court proceedings. It is actually in two volumes. May the learned senior colleagues correct me………signed off Legal Process Student (first year) LLB165!!!
@Jordan Lawyer; it’s not entirely correct to say everything you have pointed out is the the ‘realm’ of the white book. The correct position is that the white book is not law in Zambia and only applies where our own procedure as provided for by the High Court Act is inadequate or has a lacuna. You may wish to familiarise yourself with the 2011 Amendment of the High Court Act which provides guidance as to how the white book applies in Zambia. Yes, we need good and orderly procedure in our justice system. Good luck in your studies, and we look forward to welcoming you to the bar!
Well stated St Jude! The Rules of the Supreme Court 1999 Edition (White Book) are only resorted to when the local statutes make no provision regarding any particular aspect of civil practice or procedure. For instance, there is no Zambian Act of Parliament that contains provisions on the practice and procedure as to judicial review hence the reason we follow the RSC/White Book. Kindly be guided by the case of Dean Namulya Mung’omba, Bwalya Kanyata Ng’andu and Anti-Corruption v Peter Machungwa, Golden Mandandi and Attorney General (2003) ZR 17
@ St. Jude and Chama Kaninji. Much obliged Senior Counsels.
@ st jude you are just good at arranging English.we cant get your point.otherwise ‘white book is outdated ,maybe that’s why she is failing to perform’.point of discussion,start…..
@radio kudirat, I’m humbled to learn that I’m good @ arranging English, but I’m disappointed that u can’t get my point. Let me try and simplify. What is referred to as “White Book” are actually rules of civil procedure of the Supreme Court of England. These rules are revised from time to time in England but we decided to stop following their revisions. Instead, in 1999, we decided that we shall use the 1999 Edition of these rules. We have our own rules which are found in the High Court Act but certain procedures are not provided for in there. Where this is the case, we use the white book. The same rules in England have now been revised up 2012 and that’s why the CJ says the ones we use are outdated. I hope this helps.
Even changing basic procedures, we need donors! Zambia.
We can now see why ZIALE has been producing “duds”. For 14 yrs, they have all been sleeping, NOW they all support the CJ. Maybe we should release all those caged since then!! UKWA’s Tribunal with Chikopa should also be destined to the toilet where it belongs!!!
Imwe vi ma lawyer don’t start with that archaic colonial lingua ati ..” much obliged me lord… your lordship” shani, shani uko – ala!
Lol…, archaic language indeed! (ati ‘shani, shani uko!). Wansekesha sana.