NO playing imingalato in the court, make sure the process you use is just and fair, Attorney General Mulilo Kabesha has told state advocates.

And Solicitor General Marshal Muchende says debt restructuring and the corruption fight will not succeed if lawyers continue on their trajectory of business as usual.

Speaking during the official opening of the state advocates workshop, Wednesday, Kabesha said lawyers should not use imingalato (dirty tricks) in court.

“I would like to indicate that in your various endeavours aimed at serving public interest and fostering justice, it is imperative to remember that in addition to pursuing substantive justice, you have to ensure that you adhere to the tenets of procedural justice or procedural fairness if you like. Meaning that not only should the outcome of a matter be just and fair, but that the process that led to that outcome must equally be just and fair. No playing imingalato in the court, make sure the process you use is just and fair. Don’t take your colleague by ambushing, don’t even take the court by ambushing, but be fair,” Kabesha said.

“You must remain resolute on the need to be fair, just, professional and courteous to everyone you interact with in the discharge of your duties because those are mandatory standards of the legal profession that you cannot forego. I’m aware that the people or colleagues you interact with may not reciprocate the fair, just, professional and courteous approach, and that may compel you to be like them. However, my advice is that you should always uphold the professional imperatives which dictate that you must be fair, just, professional and courteous to everyone at all times, because the reputation of the legal profession is dependent on individual effort and strides of that nature”.

He urged lawyers to make decisions that were in the interest of the Zambians.

“As state advocates, before we were admitted to the bar, we all took oath and undertook to preserve, protect and defend the constitution, and to operate within the confines of the law and the ethical standards of the profession. By extension, that also entails that we undertook to conduct matters with the diligence, vigour and enthusiasm that is expected of an advocate. In that regard, it is my expectation that, when handling matters on behalf of the state, state advocates will not render common-sense arguments inclined towards pedestrian reasoning, but instead, I expect my state advocates to render legal arguments anchored on the law and judicial precedent, among others, because rendering a common-sense argument does not serve public interest and the ends of justice,” said Kabesha.

“Therefore, it is my fervent expectation that, at all times when conducting matters, state advocates will render legal arguments that will make me proud as your Attorney General and leader of the bar. I would like to remind all the state advocates to put public interest first, in everything that you do in your professional capacity, because you do it on behalf of the state and the people of Zambia. In that regard, whenever you are called upon to decide on any of the matters that you are handling, I expect you to ask yourself, which decision is likely to be in the best interest of the state, the people of Zambia and the ends of justice, and the answer to that question should always be used as the basis of your decision”.

And Muchende said government would not record true success from all their efforts to better the country if lawyers continued on their trajectory of business as usual.

“It became necessary and imperative to convene in such a manner as this one for the collective work of state advocates to receive their injection of a health booster dose of professional ethics and standards expected of them in their discharge of duties in their various departments and institutions where they serve. The idea and objective of this is to provide a refresher course on the various aspects of their work as state advocates to enhance the quality of performance and curb all manner vices, including corruption which ultimately negates the efforts that are being made by the government to take development to the people of Zambia across the length and breadth of this country,” said Muchende.

“It’s correct to say all the effort being put in place by the government, including the debt restructuring, fighting corruption, asset recovery, the introduction of the financial and economic court, all these efforts will not record true success if the majority of the lawyers push back against its policies and continue on the trajectory of business as usual in the public service. As agents of social change, lawyers should be in the front row in reorienting the modus operandi and adapt it to the policy direction of the government. We need credible state counsels, we need credible legal advisors, we need credible prosecutors, we need credible adjudicators if the law is to truly advance as an instrument of economic growth, social order and justice in this country”.