Zambia: Judges’ increase to improve justice delivery
30th September 2010
By The Times of Zambia (Margaret Mangani)  

 

JUSTICE delayed is justice denied. The dispensation of justice to suspects is one key issue that human rights groups world-over look up to.

 

Zambia’s is Human Rights Commission has raised several concerns previously on the delays to execute justice in some cases by our courts.

 

Is Zambia on the path to deliver justice through speedy and effective trials?

 

The recent appointment of more judges to the judiciary should be looked at in a rather positive and progressive perspective, especially on the execution of justice to suspects.

 

Mike Muleba is a prisoner who was convicted on June 4, 2004 in the Kitwe High Court and appealed to the Supreme Court against his the verdict.

 

Up until now, he has not appeared in the Supreme Court for his appeal.

Muleba has since written to the Prisons Fellowship of Zambia (PFZ), urging the organisation to intervene and assist him expedite the process of his appeal since he is currently incarcerated and has no capacity to push the case himself.

 

PFZ executive director, Enocent Silwamba recently confirmed the turn of events, saying PFZ has taken up the matter like it had done with so many other cases.

 

PFZ is vigorously pursuing Muleba’s case although it is yet to establish the actual cause of the delay concerning the appeal hearing.

 

“In most cases, we are told that the compounding factor for the delays is the inadequate manpower the judiciary has been going through,’’ Bishop Silwamba said.

 

In a related development of delayed cases in the Supreme Court sitting in Ndola, a man who seven years ago was convicted of aggravated robbery only appeared recently for his appeal.

 

Moses Mulenga, 41, was jointly charged with Amon Banda for the murder of Major Kaunda and stealing his motor vehicle worth K80 million on November 3, 1999.

 

When the offence was committed the trial received over-whelming publicity due to the circumstances surrounding it and indeed the influential political figure who was involved at the time.

 

So those who had keenly followed the trial could have been wondering what fate had befallen the duo while in prison because since then not much was heard of them until when the case suddenly resurfaced in Ndola this month.

 

Mulenga together with Banda were convicted of having robbed and killed Wezi  Kaunda while armed with an AK-47 rifle and that during the act  they used violence.

 

The duo was sentenced to hang in 2003 after they were found guilty of the offence
It is clear from these proceedings that the duo had appealed to the Supreme Court asking it to review the earlier sentence imposed on them by the Lusaka High Court.

 

It is common practice under the laws of Zambia that when one is sentenced, if not satisfied with the verdict, has every right to appeal to the High Court within a period of 21 days.

 

But looking at the case of Banda and Mulenga, they were both convicted in 2003 and seven years has since elapsed after the judgment was passed only to have the appeal heard this year, September.

 

The concern raised in this matter is the undue delay it has taken in putting the duo’s matter to rest. 

 

Of course so many factors could have contributed to the delay in the case but quick dispensation of justice is a necessity in all criminal cases.

 

The duo although sought a review of the first court’s verdict, should have had their fate known in good time in the spirit of a speedy and fair trial.

 

The Government lately increased the number of Supreme Court judges from nine to 11 and High Court from 30 to 50 in a quest to accelerate the dispensation of justice in the nation. This is part of the governance system.

 

Bishop Silwamba has however, welcomed the recent step taken by the Government to increase the number of judges on the benches of the Supreme Court and High Court from nine to 11 and from 30 to 50, respectively.

 

The Judiciary is regarded as the cornerstone institution in any given democracy being the arbiter for all disputes that arise in the country.

 

Government has most times restated its high respect for the rule of law and most especially the independence of the judiciary as it has a bearing on the good governance report of any nation.

 

When swearing in the new judges that also gave a rise to the number of women judges sitting on both the High Court and Supreme Court benches, President Rupiah Banda assured the nation that his Government respects the rule of law and most especially the independence of the judiciary.

 

Bishop Silwamba described this development as a step in the right direction and brings with it a sense of relief and hope to those languishing in Zambian prisons and their families too.

 

“This step, no doubt, demonstrates the Government’s commitment to improving the slow delivery of justice currently being experienced,’’ he said.

 

The clergy man said Government’s decision to expand the two judiciary benches is no doubt,a demonstration  of its commitment to improve the slow delivery of justice currently being experienced.

 

“The adage  that ‘Justice delayed is justice denied’ is a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all,’’ Bishop Silwamba said.

 

He explained that  the principle behind the adage’ justice delayed is justice denied’ is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, as it is deemed unfair for the injured party to have to sustain the injury with little hope for resolution.

 

The PFZ has however applauded Government on its move and would like to urge the Judiciary to step up its efforts in dealing with the back-log of cases especially criminal cases where suspects remain detained until they are proved innocent or otherwise after a trial.

 

In the same vein the news of the two benches being expanded has been well received by the Law Association of Zambia (LAZ).

 

LAZ president, Stephen Lungu said inadequate manpower was affecting the smooth dispensation of justice.

 

“It is a well appreciated and established fact that part of the slow delivery of justice has been as a result of inadequate manpower, but with the recent appointment  of more judges we believe that this will accelerate justice delivery ,’’ he said.

 

 Civic leader Edwin Lufwekelo has welcomed Government’s move saying it is a step in the right direction and has come at an appropriate time when the Draft Constitution has been tabled before Parliament.

 

Mr Lufwekelo said one of the pertinent issues advocated for in that document was the setting up of a constitutional court mainly to address some of the disputes arising from the constitutional law.

 

He said it is therefore timely now that we should have more judges to sit on both the High Court and Supreme Court benches.

 

“We did not want the existing number of judges on the bench to be over stretched so we did lobby for more judges some to specifically handle the constitutional court.”

 

“This expansion means that judges will be able to tackle some of the numerous cases expeditiously and then the obstacle of shortage of manpower will become a thing of the past,’’ he said.

 

Mr Lufwekelo said it is a fact that courts are usually constrained looking at the magnitude of cases that are currently being handled so it is imperative to increase the number of judges in line with improved justice delivery.

 

A Ndola resident Martin Mukuka is of the view that expanding the two benches will go a long way in decongesting some of the heavily congested prisons where inmates have had cases running for a long time.

 

Mr Mukuka said there has been so much talk of constructing more prisons in the country to accommodate more inmates but it may not be an immediate solution to the problem as there are budget considerations involved. 

 

There has been a debate that the existing infrastructure housing most prisons has outlived its capacity as it was originally designed to cater for fewer inmates and the reality is that crime rate is on the increase due to population explosion being experienced in the nation.

 

Hence an increase in the staffing levels on the bench will have a more positive impact in expediting some of the cases and also help to decongest the prisons. 

 

The expansion of the two benches would ultimately translate into the expediency of cases and, therefore, reduce on the backlog of cases being handled by courts.

 

The decision to increase the workforce on the bench has come at a crucial time when the judiciary has come under vicious attacks launched from certain quarters of the society.

 

As the newly-appointed judges take up their postings in Kitwe, Lusaka, Ndola and Livingstone, it is hoped that a new level of efficiency will now set in and the usual complaints of delayed cases and congestion in prisons will become history.

 

Justice should not be delayed. This increase in judges should definitely change the situation out there. Let the principle of ‘innocent until proven guilty’ be applied and respect through a speedy trial.

 

http://www.times.co.zm/news/viewnews.cgi?category=8&id=1285835280

 

 

 

 

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