The government has dismissed calls to advertise the position of Chief Justice before the appointment of a suitable candidate.
According to the Justice Minister Mulambo Haimbe, such a process has no legal backing and only when the Constitution is reviewed after wide consultations can the position of a Chief Justice be open for advertisement.
Mr Mulambo said that currently pursuant to article 140 of the Constitution, the Republican President reserves the prerogative to appoint the Chief Justice and judges subject to recommendations by the Judicial Service Commission.
Mr. Haimbe said this in Lusaka last night during a Public Forum organized by News Diggers.
At the same function, Constitutional Lawyer John Sangwa said there is enough time to amend the Constitution to facilitate the advertisement of the position of a Chief Justice pending appointment of a suitable candidate.
Mr. Sangwa said the move will ensure the appointment of a Chief Justice with a high probability of integrity.
Mr. Sangwa recently wrote to President Hakainde Hichilema to consider placing adverts for the position of Chief Justice before effecting an appointment, a proposal that has attracted a flurry of public debates.
Well, kudos to News Diggers for organizing this public debate, great to have this matter sorted out in the public too.
I do wish they advertised this very well, it would have been nice to have listened to it.
I remain of the view that the constitution does NOT need to be amended to include advertising the position.
Simply put, president appoints based on recommendations from the service Commission, which commission is given room to employ fairness, transparency and equality in its recommendations. How do they do this? By advertising the position!
Why should we advertise it and go against the law? We are not that type of a party. Some people are useless and yet good at talking themselves into Jobs. We cannot risk that in such a position. We suffered hard to win elections and have people within our party and from the southern region who can effectively manage that role.
Why should we advertise it and go against the Iaw? We are not that type of a party. Some peopIe are useIess and yet good at talking themseIves into Jobs. We cannot risk that in such a position. We suffered hard to win eIections and have people within our party and from the southern region who can effectiveIy manage that role.
I also support the position of government. The position of Chief Justice must come from within the system. If we follow John Sangwa we risk to appoint the Head of the Judiciary without a traceable track record and also alien to the Judiciary. We must pick from those that are already serving because we’ll be able to check how they have distinguished themselves. Besides our system provides for clearance not from the Parliamentary Select Committee alone but other wings of government. It’ll be embarrassing to have Chikopa from Malawi as our CJ as if we don’t have capable Zambians. Let’s be proud of what we have
Ati “Givernment,” zo-ona? I guess that’s the state’s function in these parts… give, give, give us!
How a grown man wakes up in the morning and starts impersonating others is beyond me.
Even in death, the PF members are still not original.
Anyway, enjoy chikubabe season.
In other countries they invite the public to nominate for a Chief Justice
This is a great idea. A public interview of the shortlisted candidates would result in a truly people’s Chief justice. Extend this to all top positions – permanent secretaries, heads of parastatals and others such as FIC, ACCNetc
Does Zambia need a chief justice in any case? What for?