Monday, December 23, 2024

Kelvin Bwalya’s suspension by LAZ upheld by Lusaka High Court

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High Court

THE Lusaka High Court has upheld the Law Association of Zambia (LAZ)’s decision to suspend Lusaka lawyer Kelvin Bwalya’s practicing certificate.

High Court Judge Florence Lengalenga dismissed Mr Bwalya’s application for judicial review seeking the Court’s indulgence to quash LAZ’s legal practitioner’s committee decision to suspend him for misusing his client’s money.

Ms Justice Lengalenga in her judgment said LAZ was on firm grounds when it suspended the applicant’s practicing certificate because he was given an opportunity to be heard by LAZ disciplinary committee where he admitted the allegations against him.

Ms Justice Lengalenga said she was of the considered view that Mr Bwalya’s application for judicial review was prematurely brought to her court as he did not exhaust all administrative channels available to him as a legal practitioner.

” From the foregoing, I find that there was no procedural impropriety in the manner in which the LAZ committee dealt with this matter, this court finds that the committee complied with the rules of justice as the applicant was accorded time to be heard and admitted on his own,” she said.

Ms Justice Lengalenga said the applicant should have appealed against the decision of the legal practitioner’s committee before going to court.

Mr Bwalya had dragged LAZ to court and accused the legal mother body of having misdirected itself when it recommended that his practicing certificate be suspended because he did not fail to pay Gertrude Kaseko her K 38,000.

He also submitted that LAZ also misdirected itself when it ruled that the applicant failed to render books of accounts to the committee’s satisfaction contrary to evidence on record.

The same court had since granted the applicant leave to appeal against the high court’s decision that upheld the LAZ’s decision to suspend his practicing certificate.

“Upon hearing the advocates for the applicant, it is hereby order that leave to appeal to the Supreme Court against the judgment is hereby granted,” she said.

13 COMMENTS

    • Lawyers, Most of them are thieves. How can you loose you hard earned “Manila paper” over a 38pin?

  1. You go to that Church on Church Road, you will find KFB preaching. He shoul be suspended from there too. Dont forget they are ruling by The Ten Commandments
    .

  2. We pray so hard that as soon as Zambia’s political climate returns to normality with restoration of humanitarian civilisation, the axe of reason will be extended to Lombe Chibesakunda, Mmembe, Mutembo Nchito, Wynter Kabimba and several other legal crooks that have a formed a notorious clique just to harass the peoples of God in Zambia. God Hear Our Prayers.

  3. Suspend the licence! Why not just revoke it all togather,what is the diference with theft?

  4. Kelvin, is a very intelligent lawyer, unfortunately ethics override human intelligence, the public must be protected. However, there so many others out there on whom the axe should Grind. Failure to account for billions of Kwacha from DBZ as directors constitute misconduct, and the veil of incorporation must be lifted and those involved be dealt with by LAZ. No selective justice before the Law

  5. This good news. Kelvin is a very greedy person. Infact many more clients have just felt pity on him. He has dipped in many clients funds. lnfact he should also be arrested for theft.

  6. K38 000 really KBF? Anyway God knows why you’re going through all this. I hope you learn a lesson from it because if you don’t trust me you will never practice again. Repent!!!!!!!!!!!!!!! You better than this…………

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