CONSTITUTIONAL Lawyer John Sangwa State Counsel says Constitutional Court judges and President Edgar Lungu acted corruptly by offering and accepting job offers for positions they do not qualify.
In an interview, Sangwa expressed concern that the Constitution Court itself was incompetent to interpret the Constitution because all the judges remain unqualified to hold their positions.
Sangwa argued that President Lungu already negotiated his eligibility to stand in 2021 when he appointed an unqualified bench of judges to the ConCourt.
“Lungu was smart, he dribbled the Zambians. He dribbled us, and this is what I was saying, the ConCourt is a rubber stamp. How did Lungu achieve that? By appointing people that are not qualified, he put them there, simple! It’s like in any other position, you get someone who is not qualified and you put them there, do you think that person will make any ruling against you? They will never because they know that they are not qualified and if they make noise, they may be fired. And for a person who has no experience to accept to do a job which he doesn’t know, it means that they are very desperate,” Sangwa argued.
“So this is why I am saying Lungu dribbled us. Those guys [at the Constitutional Court] are literary in his pocket. They will never rule against him. Our only hope is when Lungu files his nomination within few months before the elections. At that point maybe the judges may be less scared of being impartial.
He charged that appointing people who did not qualify to serve as ConCourt judges was tantamount to corruption, just like it was corruption for those people to accept positions they knew they did not qualify for.
“When you don’t qualify for a position and you accept it, that’s corruption already. You put me in a position that I don’t have qualifications for, you have bribed me. Do you think I can be able to stand up against you? Because you know that you have done me a favour and I know it, I know that I don’t qualify but I have still accepted. So what it means is that both Lungu and judges of the Constitutional Court both broke the law and that is corruption because when you take up a position you have not qualified for, the person appointing you has bribed you and you the person accepting the appointment, you are accepting a bribe,” Sangwa said.
“If you have never done Constitutional law in your life then you are not qualified, so when you take up a position in the Constitutional Court, that’s a bribe! You must have served for 15 years at the bar to be able to qualify. You must have been a legal practitioner and you must have done some work in the area of Constitutional law. You need expertise, it’s not just every lawyer that can work as Constitutional Court judge, no! They require experience there because it’s a special court. But none of [ the current judges at the ConCourt] has the qualifications, none of them qualify and none of them has ever rebutted that. I have never received a rebuttal telling me to say I am lying and that they are qualified, nobody has ever challenged me on that.”
Sangwa emphasised that graduating from law school does not qualify a lawyer to be a judge.
“You know what used to happen? A guy would get admitted today, becomes a lawyer and what happens? He goes and runs a supermarket for 15 years and then he comes back and says ‘because I have clocked 15 years as a lawyer, now I am entitled to become a judge’, but what have you done in between? You were running a supermarket, but what has that experience of running a supermarket got to do with sitting on the bench? Nothing! But this used to happen. That’s when they changed the law to say you must have been a legal practitioner for 15 years. You must have practiced, go to America, go to UK, they take lawyers that have practiced. But how do you put someone who has never prosecuted a case to be a judge? Someone who has never argued a case in court! Look at the ConCourt judges, all those people, they’ve never argued cases in the court room, never! All those! So how do you run a court when you have had no experience how cases are argued before a judge?” wondered wondered.
“So the reason we emphasise practice is because you are just flipping the coin on the other side. But these guys have no coin to flip. If you have never settled a statement of claim in your life, how can you tell me that this is a statement of claim? It’s like you, you’ve been writing articles, you’ve been a journalist all your life. Now since you have learnt the art of writing, you can graduate to become an editor. Even if I graduated from journalism school, I cannot tell you how to edit because I have no experience in writing.”
19 responses
When we tell you that in Zambia there is and there has never been separation of powers, this is it. What independence is there when the judiciary is appointed by the executive? The all other procedures are extremely academic and a fools game. What role did Parliament play in putting or appointing those Concourt Judges? If none of them qualifies to be there then it’s a scandal .
Thats the stuff zambians need to hear and digest.for once zambians can we rise to the occasion.sangwa SC is justbo e of those zambians ready to fight the wrong in this country.where are the rest??we need to say no to wrong doing.Bravo my lawyer.bravo js state counsel.the mighty man of valor.
Sangwa is a very brave and principled man. Lesser minds from the PF have tried to drug him into the mud and trenches where they can dictate the rules of the game but he has stuck to legal facts. The whole constitutional court should be disbanded to allow for the right people to be appointed. Why can’t the PF do things straight for a change? Everything about them is crooked!
This is the same Lawyer who was before the court is calling incompetent during the presidential petition. My question is when did they Lerned one knew that the concourt was incompetent, was it before or after he lost the case? My thought.
How true is the fact that Chairperson Chibomba is related to Chief Justice Mambilima & the later, is a daughter to Late Orton Chirwa a deported Lawyer by Kamuzu to Zambia.
In short people hv questioned why Lungu removed the parentage clause in 2016 as it is rumored that one of his parents was Malawian (siwale & mulongoti) & the Malawi cartel has been ruling Zambia since 2011 when Sata (married to mulenga s Mum who is malawian) handed over power to Lungu whose Malawian parent was related to sata
s wife? Is this true what we hear? Someone say something about these rumors!
State Counsel, where were you when the names of Concourt Judges were being floated for appointments? Are these Judges not ratified by Parliament? Please interpretation of the constitution should not be an issue because we have LAZ.
What is Sangwa’s concern!! Why is he preempting the election process? If he is protecting the constitution can he point out where this has been violeted by Lungu or PF. So far no nominations have been called for by IEC! Sangwa says he is not patisan so why pick on a particular party and interfear with its administration? My advise to the Lawyer if he means well to wait untill nominations open and close. Otherwise he is up to something….
The laeyer is raising issues prematurely. He says he does not belong to a political party, but how come he is endoulging in an internal matter of a particular party! Why is he favouring PF by advising it to quickly find another leader to lead it, but not doing so to other partys? He should not preempt the wY parties will do even before nominations are called! IEC has not received any nominations…. for 2021. Remain neutral
Thanks for the update but instead of talking and arguing too much about Lungu no or Lungu yes, act and show the country that you are better than those judges, show the country that you are competent, good luck
Sangwa can interpret the Constitution in any way he likes, unfortunately he is not a recognized entity to do so on behalf of Zambians.
Nasanga bola ba leteya!
Besides the ConCourt Judges took into consideration of a lot of issues drafters of the constitution were thinking at the time. Probably the drafters must be summoned ASAP to state their positions on OATH!
Sangwa can interpret the Constitution in any way he likes. This is not being brave, but naive!
Unfortunately he is not a recognized entity to do so on behalf of Zambians. Besides the ConCourt Judges took into consideration of a lot of issues drafters of the constitution were thinking at the time. Probably the drafters must be summoned ASAP to state their positions on OATH!
Nice article,
Well spoken SC. When people who have guts speaks on the wrong, we pretend not to understand. Truth is the truth, it will never be wrong.
His Sangwe telling the nation that all the concourt judges are not qualified for the job? but some of them where his mates at university and had been lawyers with law firms for over the 15years he is singing about. He should be honest with some of his statements.
He explains the all thing very straight. Such are the people we need tto run the concourt.
Disrespecting other professionals is such an overt and unprofessional manner is rather childish and only common among politicians.
Im not a lawyer but i know lawyers respect one another all the time.
Sangwa has reached his pinacle in law practice and perhaps now want to be appointed Chief Justice in case UPND wins.
Very enlightening article counsel
Profiles of the first cohort of Constitutional Court judges were not necessarily exemplary. Neither were profiles of the first cohort Constitutional Court judges necessarily mediocre. For leadership positions, putting together the winning team required a mix of pertinent skills and flexibility. The judges were qualified and experienced lawyers. The judges defended the rule of law, respect of human rights and good governance. Today it was Lungu. Tomorrow it will be another individual. Precedent has been set. Take note, below three years out of five years, then the term of office is not complete. Take note, above three years out of five years, then the term of office is complete.
Suppose the concourt haxd not
Suppose the concourt had grsnted Sangwa his prayers would you still have said that which you are implying here?
Another thing sir,
If you knew the concourt was incompetent why didi you take the complaint to the concourt in the first place?