SANAC executive director Gregory Chifire says Zambians should not allow PF cadres to hijack the Judiciary because if left unchecked, party cadres can physically assault judges.
Last week, PF sympathiser Chanoda Ngwira wrote letters to Supreme Court justices Mumba Malila and Albert Wood, giving the duo five days to voluntarily step down as judges for accepting to act as witnesses on behalf of Mutembo Nchito in the matter where he’s challenging his removal as Director of Public Prosecutions in the Constitutional Court.
But reacting to Chanoda’s remarks, Chifire said he had noted a growing trend by the Patriotic Front to issue threats to judges when certain judgments did not go their way, a situation which undermined the integrity of the Judiciary.
“We have noted with concern the growing trend by the Patriotic Front party to give orders to the Judiciary, and judges in particular, a situation that undermines the integrity of the Judiciary and compromises the autonomy of this important organ of State. It is on record that several PF carders, ministers inclusive, have in the past issued threats to judges when certain judgments did not go according to the wishes of the party,” Chifire said in an interview, Tuesday.
“In 2012, the then Minister of Justice (Sebastian Zulu) warned High Court Judge Flugence (Chisanga) for staying proceedings of a Tribunal appointed by late president Michael Sata to investigate a Supreme Court Judge and two High Court judges. The then PF Secretary General Davies Chama in 2015 attacked High Court Judge Mwila Chitabo over his decision to halt the tribunal appointed to investigate Director of Public Prosecution Mutembo Nchito, pending judicial review.”
Chifire further gave another example of the 2016 Presidential Petition where PF cadres set up a mini-bar at Supreme Court grounds to influence the Constitutional Court to make a decision in their favour.
“In 2016, during the Presidential Petition, PF cadres set up a mini-bar at the Supreme Court grounds to influence the Constitutional Court to make a decision in their favour. When Attorney General, Likando Kalaluka, rendered a contrary opinion to that of the party on the refund of money by ministers who stayed in office illegally following the dissolution of Parliament in 2016, PF cadres demanded his resignation. This forced the Attorney General to revisit his opinion,” Chifire recalled.
And he said Zambia should not allow cadres to hijack the Judiciary and determine how courts should be run.
He added that if that was not checked, there would be a situation where party cadres could physically assault members of the Judiciary.
“Zambia should not allow to have a situation where cadres hijack the Judiciary, determine how courts must be run, who must handle court cases and how justice must be dispensed. If this situation is not checked, we shall create a situation where party cadres can physically launch assault on the members of the Judiciary as was in the unfortunate incident in 1969 where UNIP vigilantes physically went to the Supreme Court to attack the then Chief Justice James Skinner for delivering a judgment that president Kenneth Kaunda did not agree with,” Chifire added.
He said he was aware that Chanoda’s actions had the full blessings of senior party officials.
“While we are condemning Chanoda Ngwira for this criminal conduct, we are aware that he cannot act alone. He has full blessings of senior party and State House officials,” he said.
Chifire, however, said as much as he empathized with the Judiciary, it was clear that the Judiciary had put itself in this situation because of some party affiliation, patronage and corruption.
“In as much as we empathize with the Judiciary, it is clear that the Judiciary has put itself in this situation because of some corruption, party affiliation and patronage, to such an extent that some judges go to State House to lobby for appointments to higher courts. This situation threatens the delivery of justice, especially in cases that involve the opposition political parties,” said Chifire