ICJ CONCLUDES FACT FINDING MISSION IN ZAMBIA
“.......... public feels that there is political encouragement to attack the judiciary organ or the judiciary is forced to invoke contempt in a manner that may escalate the situation…………”says the Head of Delegation (Formerly of the High Courts of Zimbabwe and Botswana and also ICJ Commissioner, Mr Justice Chinhengo.
The team which spent three days from the 16 – 18 of May 2012 in the Republic of Zambia has been tasked after the Honourable President Mr Michael Chilufya Sata suspended Three Judges, Mr Justice Phillip Mukonda of the Supreme Court, Mr Justice Charles Kajimanga and Mr Justice Nigel Kalande both of the High court of Zambia. He is then to have appointed a team comprising of three Judges, one from Malawi and two from the High Court of Zambia to investigate the matter pending their removal.
The ICJ, through its team led by Mr Justice Chinhengo, due to concerns on the impact the matter has had on the independence of the Judiciary, the five member team had these findings.
After deliberations with stakeholders and interested parties in particular those responsible for the Administration of Justice, finds that the suspended justices are senior members of the bench who have never been questioned on their dignity and integrity before and hopes that due process and constitutional guarantees will be followed to ensure a process consistent with fairness and not undermine the Independence of the Judiciary in the Republic of Zambia.
Please find a detailed statement on the entire mission herein attached.