by Mirriam Chabala on 19 Oct 2018by Joseph Mwenda on 19 Oct 2018by Abraham Kalito on 19 Oct 2018by Zondiwe Mbewe on 19 Oct 2018
- Goal Diggers
by Alex Chilumbwe on 19 Oct 2018by Alex Chilumbwe on 19 Oct 2018by Alex Chilumbwe on 19 Oct 2018by Alex Chilumbwe on 19 Oct 2018
by Zondiwe Mbewe on 19 Oct 2018by Abraham Kalito on 19 Oct 2018by Stuart Lisulo on 18 Oct 2018by Abraham Kalito on 18 Oct 2018
by Zondiwe Mbewe on 18 Oct 2018by Zondiwe Mbewe on 18 Oct 2018by Zondiwe Mbewe on 17 Oct 2018by Zondiwe Mbewe on 17 Oct 2018
- Editor's Choice
by Chibamba Kanyama on 8 Oct 2018by WECREATE I ZAMBIA on 13 Sep 2018by Mukubesa Mundia on 27 Jul 2018by Percy Chanda, UPND on 15 Jun 2018
by Diggers Editor on 19 Oct 2018by Diggers Editor on 18 Oct 2018by Diggers Editor on 14 Oct 2018by Diggers Editor on 12 Oct 2018
by Zondiwe Mbewe on 28 Sep 2018by Tenson Mkhala on 28 Sep 2018by Thomas Mulenga on 24 Sep 2018by Sampa Kabwela on 8 Sep 2018
- Guest Diggers
by Diggers Correspondent on 17 Oct 2018by Diggers Correspondent on 17 Oct 2018by CUTS on 9 Oct 2018by CUTS on 2 Oct 2018
Judges satisfied with conditions, but extremely overwhelmed by cases – LAZBy Sipilisiwe Ncube on 23 Apr 2018
Law Association of Zambia president Eddie Mwitwa says even though judges may be satisfied with their working conditions, it remains a fact that they are extremely overwhelmed by the number of cases which are cumulatively assigned to them.
In an interview, Mwitwa observed that judges handle upto about 400 cases at a given time, adding that this was the reason why certain cases seemed to drag for a long time.
“The only thing that I have seen is that I haven’t seen any judge resigning on account of lack of motivation. So with that, one would say they are pretty much satisfied. The only thing obviously is that the workload is just overwhelming from my interaction with most of them. You find that one judge is doing 400 cases at a time, and there is probably one or more new cases added every day,” he said.
“So the environment, yes, we do agree that it [is] probably not as it should be. There must be infrastructural development because most judges until recently did not have chambers of their own, especially in Lusaka. And then there is a new position that is being created for research advocates. I am not so sure whether every judge has got a research advocate. So, things can always be done better.
Mwitwa explained that there was a perception that political cases were given more priority simply because some of them, like the presidential petition, had a time frame specified in the Constitution in which they needed to be cleared.
“The perception obviously is that the political cases tend to be given a bit more priority than ordinary cases. Again, it depends with what type of case it is. I will give you an example of election petition, which has a specific time frame allocated to it within which they must start and must be concluded. Sipilisiwe’s employment case may not necessarily have a time frame as prescribed by the law. So, political cases might be something more pressing on account of statutory demand. So, [political] cases do actually affect the ordinary cases and the more election petitions you have, the more ordinary cases will be delayed.” he explained.
Mwitwa said one of the ways in which delivery of justice could be sped up was to operationalise the division of courts at High Court level.
“For us, obviously as an association, we want to see the divisions that the Constitution has created; for instance, the High Court being operationalised. We now have the Family Court that is created in the Constitution; we have an Industrial Labour Division; we have the Commercial Division. So us as an association, we want to see the divisions that the court has created, especially at the High Court, be operationalised. If those divisions are operationalised, the ordinary cases, election petitions and anything that attaches to politics will be dealt by other divisions. That would really help. But all that depends on funding, if the Judiciary is adequately funded, it is not only constitutionally guaranteed but fact is made a reality, and I think a lot of things would move in the right direction,” said Mwitwa.
“I can tell you the things that we have seen as lawyers and one of them in the recent past is how the Constitution provides that the Judiciary is autonomous both in terms of operations and funding. And it has to get its money allocated to it in the national budget through Ministry of Finance. But at the moment that does not appear to be happening. So, obviously I think that could have an adverse effect on the way the institution operates.”
About Sipilisiwe Ncube
Sipilisiwe Ncube is a Zambian journalist with a background in radio news.
Email: sipilisiwe [at] diggers [dot] news
- Zambians won’t spare PF in 2021 – Musenge - 19 Oct 2018
- We can’t abandon borrowing now, allow Lungu to borrow more for the economy – Malozo - 19 Oct 2018
- Consult each other despite differences, Aka urges politicians - 18 Oct 2018
- We can only unify Zambia if we accept we have a President – Wynter - 18 Oct 2018
- Mkushi farmers reject govt’s plea for financial contributions towards Independence celebrations - 17 Oct 2018
- Police give Tayali 'painful protection' after beating by UPND cadres at court
- Auditor General's report details how Social Cash Transfer money was squandered
- Attendance roll call at Day of Prayer annoys civil servants
- Zambians react to scandals when its too late to reverse
- Arrested UNZA lecturer out on bond after three days in detention for "insulting Lungu"
- News Diggers! ePaper Edition 289 Friday October 19, 2018
- Zambia has no leadership that can stop theft of govt funds – Mulongoti
- Auditor General’s report details how Social Cash Transfer money was squandered
- Africa will have 1.3 billion more people by 2050, due to high fertility – UNFPA Report
- Bodybuilding not for thugs – Mr Zambia
Subscribe for email alerts
Weekly Most Digged
ArchivesNov0 PostsDec0 Posts
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
+26-097-7708285, 095-3424603, 096-5815078
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend