Activities of the Administration of Justice Committee ( AJC )

President’s Report

May 2013 – April 2014

THE GENERAL AFFAIRS OF THE ASSOCIATION PRESENTED TO THE ANNUAL GENERAL MEETING OF THE ASSOCIATION HELD AT THE ZAMBEZI SUN HOTEL IN LIVINGSTONE ON SATURDAY, 12TH APRIL, 2014

Saturday, 12th April 2014 1.0 EXECUTIVE SUMMARY The calendar year for the Law Association of Zambia is deemed to start in April when the new office bearers are voted into Office. The new Council was ushered into office on 4th May 2013 following elections held at the Annual General Meeting at the Zambezi Sun International Hotel in Livingstone.

During the period May 2013 – April 2014, the Council of the Law Association of Zambia had endeavored to serve the Associations’ best interests. This report covers the actions and decisions made by the Council on behalf of the Association from the period of May 2013 – April 2014. These decisions and actions are in respect of activities handled through the Various Committees, Recommendations for Various Appointments, Press Releases, Law Reform, Disciplinary Actions and Development of the Association.

2.0 OVERVIEW OF LAW ASSOCIATION OF ZAMBIA OBJECTIVES Objectives of the Association are well enshrined in Section 4 of the Law Association of Zambia Act and during the period under review your Council worked towards attaining these objects. In doing so, your Council through the various Committees carried out various activities that were meant to both enhance the profession and also to ensure that the Rule of Law is upheld in the country.

3.0 ATTENDANCE AND PARTICIPATION OF COUNCIL MEMBERS It is an established practice to report on the performance of Council Members during the year, as the Council exercises all the powers of the Association in between General Meetings. An attendance report is therefore included in this report. I wish to acknowledge that during the year under review the Association had in place a good Council with committed and dedicated members.

In all, Twenty (20) Council Meetings were held at the Secretariat. Seven (7) of these were scheduled while thirteen (13) were Joint or Special Council and State Counsel Meetings, who were also called to give guidance on specific matters.

OFFICERS AND COUNCIL MEMBERS ATTENDANCE

OFFICERS AND MEETINGS

COUNCIL MEMBERS ATTENDED

Scheduled Special/Joint (7) (13) PRESIDENT Mr. James Banda 7 12

VICE PRESIDENT Mr. George K. M. Chisanga 5 11

SECRETARY Ms. Linda C. Kasonde 6 11

TREASURER Mr. Kafula Mwiche 6 9

COUNCIL MEMBERS

Mr. Sydney Chisenga 4 7

Mrs. Bubile G. Lungu-Mupeso 1 3

Mr. Likando Kalaluka 6 8

Mr. Mulambo H. Haimbe 5 10

Ms. Rumbidzai Mutasa 3 4 Page 3 Mr. Wilson Mweemba 4 6

Mrs. Munakopa Lloyd Sikaulu 6 10

Mrs. Namwandi Hamanyanga-Ndhlovu 4 7

Mrs. Catherine L.Mulenga-Phiri 2 6

Mr. Sydney Mulengeshi 6 4

Mr. Freddie Mumba Chalenga 4 3

Mrs. Sashi B. Nchito-Kateko 6 11

4.0 DEATHS During the subject period, the Association lost Seven (7) members. The following is the list of deceased Members of the Association and the Judiciary

NAME FIRM/INSTITUTION DATE

1. Mrs. Doreen A.Mukubesa Lipalile LAZ Member 10/05/2013

2. Mr. Horace Makala PatMat Legal Practitioners 20/06/2013

3. Mr. Goodall S. Chimanga GS Chimanga & Company 27/06/2013

4. Hon. Mr. Justice S.S.Silomba Judiciary 31.07.2013

5. Mr. Justin Mukolwe Mukolwe & Associates …/12/2013

6. Mr. Willa D. Mung’omba Mung’omba Associates 17/02/2014

7. Mrs. Dilys N.Njolomba-Haimbe LAZ Member 25/03/2014

5.0 ACTIVITIES OF THE ASSOCIATION DURING THE PERIOD MAY 2013 TO APRIL 2014

During the period under review, a number of events took place that affected the Association and your Council and the various Committees worked tirelessly to ensure that this Association performed in accordance with its objectives. Below are some of the events and activities that impacted on the Association:

5.0.1 RECONSTITUTION OF COMMITTEES AND APPOINTMENT OF CONVENORS During the period under review, all Council members were assigned to specific committees to work as links between the committees and the Council. The intention was to ensure that the Committees and the Council work in harmony. Each committee elected it is own Convenor and Secretary. While some Committees were very active during the year, it is with deep regret that we report that other committees failed or hardly met and this is evidenced by their failure to produce Reports at this time of the Annual General Meeting.

5.0.2 MAJOR UNDERTAKINGS

a) Judicial Reforms

In my last 2 reports, I advised the members about the creation of the Committee on Judicial and Legal Reforms which membership comprised LAZ, the Judiciary and the Ministry of Justice. This Committee has not met since my last report to finalise its recommendations. However, some of the recommendations which were made by the Committee are being implemented e.g. recruitment of Research Assistants for Judges and appointing of Commission of Inquiry to look at the issue of reforms broadly. Our Vice President, Mr. George Chisanga is the LAZ representative on the newly appointed Legal and Judicial Reform Commission. It is our hope that this Commission which comprises representatives from Government, Civil Society and the Church will work effectively to make further recommendations on transforming the Judiciary into a much more independent and accountable institution.

Further, the Association also held an Extraordinary General Meeting on Saturday, 24 th August 2013 at Mulungushi International Conference Centre in Lusaka to openly engage members on the continued illegal stay of Justice Lombe Chibesakunda in office as Acting Page 5 Chief Justice. This meeting was necessitated following worrying developments in the Judiciary and the reaction we got from members. The Extraordinary General Meeting unanimously resolved as follows:

1. That the resolution of the Annual General Meeting (AGM) of the Law Association of Zambia (LAZ) of 4th May 2013 that Justice Lombe Chibesakunda is not qualified to hold the office of Chief Justice stands.

2. That the mandate by the AGM to the Council of LAZ to litigate on this issue shall be preceded by engagement with the relevant authorities within a reasonable period of time, not exceeding one month, with a view to ensuring that the vacancy in the substantive office of the Chief Justice of the Republic of Zambia is filled.

3. That in the event that the engagement with the relevant authorities fails, the Council of LAZ shall proceed in accordance with the mandate given by the past AGM to litigate this matter.

That the litigation will be undertaken along with other forms of dignified and affirmative action by the members of the Association until the substantive position of the office of the Chief Justice is filled.

I wish to advise the membership that your Council had meetings with officials from the Ministry of Justice to dicsuss this matter but no agreement was reached. A request for a meeting with the Head of state was not granted. In pursuance of the resolution of the Extra-Ordinary General meeting aforesaid, litigation was commenced in the High Court at Lusaka and the matter is still pending

b) LAZ 40th Anniversary Celebrations

I wish to report that the year 2013 marked the 40th Anniversary of the creation of the Law Association of Zambia. In this regard the LAZ Council held various activities and celebrations over a period of one month to commemorate the attainment of this milestone by our great Association under the theme "Justice for All, 40 years and beyond". The Celebrations began with a formal launch in form of a gala dinner in Lusaka on Friday, 30th August 2013 and on Saturday 31st August 2013 on the Copperbelt. At the launch the new LAZ logo and slogan were revealed.

The following were the members of the Committee:

Lusaka team

1. Ms. Linda Kasonde (Chair) 2. Mr. James Banda 3. Mr. George Chisanga 4. Mr. Mulambo Haimbe 5. Mrs. Mwenzi Mulenga 6. Mr. William Mweemba (now Judge) 7. Ms. Bubile Lungu 8. Mr. Augustine Hamwela 9. Mr. Sokwani Chilembo 10.Mr. Likando Kalaluka 11.Ms. Melody Mayaka 12.Mrs. Sashi Kateka 13.Ms. Soriah Kaingu 14.Mr. Jonas Zimba 15.Mr. Landilani Banda 16.Ms. Sara Larios 17.Mr. Abyudi Shonga SC

Copperbelt team

1. Mr. Freddie Chalenga (Chair) 2. Mr. Elijah C. Banda SC 3. Mr. Wilson Banda 4. Mr. Samuel A.G. Twumasi 5. Mr. Chugani Mohan 6. Mr. Fanwell F. Chibwe 7. Mr. Tundo Chibeleka 8. Mr. Katongo Ian Waluzimba 9. Ms. Grace Kumwenda 10. Ms. Sandi Namwinga 11. Mr. Terrence Mwape Chabu 12. Ms. Sekelebaka M. Kundachola 13. Mr. Clement Tafeni (He has left Kitwe, He is now in Lusaka) 14. Ms. Patuma Nyangu 15. Mr. Noel J. Simwanza 16. Mr. Gideon Kalandanya 17. Mr. Timothy Mtonga

The other activities held were as follows:

1. Social Justice week This week was about raising awareness on Gender Based Violence (GBV) with a specific emphasis on getting men involved. LAZ is aware that although the government has enacted the Anti-Gender Based Violence Act No. 1 of 2011, the enforcement mechanisms of laws against sexual and domestic violence against women are weak. We aimed to raise awareness of the Act and take a leading role in mainstreaming the fight against GBV by involving men as stakeholders. During this week LAZ engaged in the following activities:

 An anti-GBV Breakfast with the First Lady Dr. Christine Kaseba-Sata as our Guest of Honour  Prison visits to Kamwala Remand Prison and Lusaka Central Prison which aimed to assess the prisoners’ access to justice.

2. Legal Aid week This involved sensitizing the public, particularly those who cannot usually afford lawyers, on institutions where they can access justice more affordably such as the Small Claims Court, the Lands Tribunal, the Human Rights Commission and the Competition and Consumer Protection Commission. In addition, lawyers from the Association gave free legal advice to members of the public in selected communities across Lusaka and the Copperbelt.

3. Constitutionalism and Rule of Law week LAZ has noted and emphasized the importance of the constitution making process, the need to enact a Constitution that would not only stand the test of time, but one that would meet the aspirations of the Zambians. This week was aimed at sensitizing the public on the importance of constitutionalism and the rule of law by engaging various stakeholders in open discussions. We organized a televised debate on this issue on ZNBC TV. In addition we organized a moot court between local universities on issues surrounding this theme.

4. Week of introspection LAZ engaged members of the profession to discuss and reflect where the Association has come from and where we are headed. At the start of the celebrations suggestion boxes were placed at the Association and at the various High Courts around the country inviting lawyers and the public to give feedback about the Association. This box was opened during the week of introspection.

5. Sports day The Committee organized a sports day by inviting the Malawian Law Society (MLS) football team to play against the LAZ football team. LAZ beat the MLS 5-2 and a return leg in Malawi was organized at which LAZ beat the MLS by the same margin. There were also football matches played against other teams as well as a basketball tournament.

6. Finale The Committee organized a finale party at Rhapsody’s to officially close the celebrations. A DJ was hired to make the proceedings lively and a special guest performance was made by Slap Dee who added a bit of star power. It was well attended and generally well received and it is hoped that the Association can hold more of such events in the future. The Committee on the Copperbelt also held a cocktail to close the proceedings there.

c) Constitution-making process

Following the announcement by the Technical Committee drafting the new constitution that they have completed their work in December 2013, we still await the release of the final draft constitution to the public by the Government. LAZ has been working closely with the Oasis Forum and the Grand Coalition to advocate for the release of the final draft constitution and the enactment of the new people-driven constitution through a national referendum pursuant to a roadmap enacted through the legislature. The Patriotic Front Government has made conflicting statements on whether it will deliver a people- driven constitution however the Council will continue to pursue its goal to attain a people- driven constitution.

d) Finalisation of Strategic Plan 2013-2018

An adhoc Committee sat to finalise the LAZ Strategic Plan 2013-2018 and consisted of the following members:

i) Ms. Linda Kasonde (Chair)

ii) Mr. George Chisanga iii) Ms. Bubile Lungu iv) Mr. Michael Liweleya v) Mr. Paul Mulenga vi) Mr. Arnold Shilimi vii) Mrs. Mwenzi Mulenga viii) Mr. Kafula Mwiche ix) Ms. Natasha Chiumya x) Mr. Joseph Chibuye

The Committee looked at the following areas:

 The welfare of the membership

 The governance of the Association

 The role of LAZ as promoters and protectors of the rule of law

 Improving the standards in the profession

 LAZ’s institutional capacity

 The Financial stability of the Association

Following from the finalization of the Strategic Plan, it was also decided that there would be an activity plan for each year that the Strategic Plan will be in place. An activity plan Page 11 for the year 2013 was drawn up and executed. Attached hereto are the strategic plan and the activity plan for 2013 to 2014

5.0.3 TRAININGS, SEMINARS AND FORUMS In the period under review the following training, seminars and forums were held:

17th August 2013: Launch of the AFRIMAP’s Rule of Law Report at Pamodzi Hotel

23 - 25 Sept 2013: Advanced Commercial Law Training. The Law Association of Zambia in conjunction with the International Senior Lawyers Project (ISLP) of the USA conducted a training programme in Advanced Commercial Law at Grand Palace Hotel in Lusaka covering the following topics:  Role of Business Lawyers in Commercial Transactions  Principals of Commercial Contract Structure and Drafting  Negotiating a Confidentiality Agreement and Non-Disclosure Agreement  Negotiating a Term Sheet/Letter of Intent/Heads of Agreement/MOU  Joint Ventures: Structure and Essential Terms of a Joint Venture Agreement (Case Study of Copper Mining Joint Venture)  Negotiation Workshop It is hoped a similar training will be conducted on the Copperbelt in 2014

6.0 PRESS STATEMENTS The Association through Council made comments on various issues that affected the nation bordering on legal matters. Some of the notables include but not limited to:

 LAZ Council: Judicial review proceedings commenced by the Honourable Justices Kajimanga and Nigel Mutuna challenging the Constitutionality of the Tribunal set up by the Republican President – 21/05/2013

Commenting on whether Justices Charles Kajimanga and Nigel Mutuna are well within their rights and are entitled to challenge the constitutionality of the Tribunal

 LAZ Council: Refusal by the Government to allow Former President Rupiah Banda to travel abroad– 06/06/2013 Commenting on actions of the Immigration Department to deny former Republican President Rupiah Banda to travel to South Africa despite a court ruling allowing the former President to travel.

 LAZ Council: Violence and Intolerance during Bye Elections – 24/06/2013 - Commenting on the rise in violence associated with bye elections and the increase in violence attributed to Patriotic Front Cadres against dissenting Opposition Political Parties and Civil Society Organisations

 LAZ Council: Increasing Vigilantism – 11/07/2013 - Commenting on the increase in incidences of Mob justice as evidenced by the brutal killing of an Elderly Couple in Ndola on suspicion of witchcraft.

 LAZ Council: State of Rule of Law Commenting on the state of the Rule of Law in the country, also commenting on the failure by the government to adhere to Court Orders and Judgments, and disapproving the constant personal attacks on the Acting Chief Justice by Opposition Political Parties.

 LAZ Council: Release of the final draft constitution Following the announcement by the Technical Committee drafting the constitution that it had completed its work and handed over the final draft constitution to the Government, the Association issued a statement demanding the immediate release of the final draft constitution by the Government.

 LAZ Council: Statement on the conviction of Honourable Stephen Masumba on 22nd November 2013 Following the conviction of Deputy Minister and Member of Parliament Mr. Stephen Masumba, the Association issued a statement commending the President for relieving him of his ministerial post and calling for his resignation as a member of parliament so that his constituents are not left without representation in parliament for the duration of his court case.

 LAZ Council: Press statement on the conviction of Honourable Moses Muteteka on 30th January 2014 In line with the Association’s statement on the conviction of Honourable Stephen Masumba, LAZ called for the resignation of MMD Member of Parliament Mr. Moses Muteteka following his conviction.

 LAZ Council: Press statement on the Voluntary Separatees Association of Zambia, Nellie Mutti, Rabson Malipenga and Henry Chanda LAZ issued a statement assuring the public that this matter would be looked into by the Legal Practitioners’ Committee.

8.0 DISCIPLINARY ACTIONS (LEGAL PRACTITIONERS AND PROFESSIONAL CONDUCT) A number of Practitioners appeared before the Legal Practitioners Committee and the Disciplinary Committee with complaints varying from professional negligence to misappropriation of client’s funds. Some of the complaints were disposed-off by the Committee while others are pending final determination. Below is a list of suspended practitioners whose matters are either before the Legal Practitioners Committee or the Disciplinary Committee:

LAZ DISCIPLINARY COMMITTEE CASES The following are matters that have been referred to the LAZ Disciplinary Committee and are still pending hearing and the Practitioners involved are on suspension: - Page 14 1. Victor Kachaka 2. Bevin Chansa Willombe 3. Clement Hichuumba Michelo 4. Bilingtone Mosha 5. Dr. Josias Soko 6. Austin Muhyila 7. Mary Kayuma 8. Tembo Samuel Jeremiah Bezaliel 9. Charles Mulenga 10.Samuel Mwape Sabi 11.Andrew Kearns 12.Mutale Mwambo 13.Barnabas Bwalya 14.Kelvin Bwalya

Suspended practitioners with matters that are yet to be submitted to LAZ Disciplinary Committee: - 1. Henry Chanda

And below are matters where rulings have been made and application to struck off the roll the named advocates have been made and are pending before the High Court: -

1. Hubert Mulenga Chintu 2. Charles Hambote 3. Christopher Sampa 4. Ian Zulu

And the following matters were before the LAZ Disciplinary Committee and rulings have been delivered: -

1. Mary Kayuma

The following matters have been withdrawn by the Committee in the interest of justice but the matters are still before the LAZ Disciplinary Committee pending formalisation of the withdrawals.

1. Germano Kaulung’ombe 2. Dr. Josias Soko

9.0 LAW SUITS BY AND AGAINST LAZ

Law suits by LAZ i) Public Order Act Following unabated breaches of the Constitutional right to assemble and associate it was resolved by your Council that certain provisions of the Public Order Act need to be challenged as they are inconsistent with the Constitution. Our Legal team led by Mr Vincent Malambo, S.C. and Mr. Eric Silwamba S.C. filed a Petition at the Lusaka High Court. The case was dismissed by Judge Evans Hamaundu and an appeal was lodged in the Supreme Court which is yet to be heard.

ii) LAZ v Acting Chief Justice Phylis Lombe Chibesakunda and the Attorney- General Following the resolution of the AGM of 4th May 2013 that the Acting Chief Justice Lombe Chibesakunda was not qualified to hold the position of substantive Chief Justice and following the resolution of the EGM of 24th August 2013 that LAZ should commence a legal action challenging the incumbency of the Acting Chief Justice a Writ of Summons was filed at the High Court at Lusaka. The case has been plagued by preliminary and interlocutory applications and the main matter is yet to be heard and determined.

Law suits against the Association

During the period under review, the Association continued to defend itself against suits by  Mr. Henry Chanda

 Mr. John P. Sangwa  Mr Kelvin Hang’andu  Mr. Kelvin Bwalya

Council also wishes to report that:  Mr Kelvin Hang’andu had appealed against the High Court Ruling in which Judgment was delivered in favour of LAZ in a matter Mr Hang’andu had petitioned LAZ over the holding of the AGM on Saturdays

 An attempt by Mr. J.F.L Matenda to be restored to the roll of Practitioners also failed

 The suit commenced by Messrs Permanent and Chilupe was resolved by Consent Order, that the said law firm must comply with the Order of the LPC

 10.0 DEVELOPMENT OF THE ASSOCIATION

a) Development of LAZ House Plans are underway to build a new Secretariat. The Council has received bids from various developers over the recent months and the Council has selected a design for the new LAZ house. Discussions with finance houses have also began. It is hoped that construction will commence this year. b) Re-designing the LAZ Website Re-designing of the Association’s website has began after submissions and designs were considered from a number of website developers. A test site has been set up and the website is expected to be fully operational by the end of May, 2014.

11.0 APPOINTMENTS/SUBMISSIONS AND APPEARANCES BEFORE PARLIAMENTARY COMMITTEES

a) Submissions on Appointments/Legislations

Between May 2013 and April 2014, the Association made submissions and appearances before several Parliamentary Committees. We also made recommendations to appointing authorities for various positions. Some of the Submissions/Appointments the Association submitted on are as follows:  Security Vetting on candidates selected for appointment as High Court Judges  Scrutinize names of candidates for conferment to the rank and dignity of State Counsel: Mr. John Sangwa SC, Mr. Robert Simeza SC and Mr. Nchima Nchito SC  Committee on National Security and Foreign Affairs – regarding the integration of Angolan refugees which was attended by the Human Rights Committee  Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs – regarding the harassment and violence of women and girls. This was attended by representatives from the National Legal Aid Clinic for Women on behalf of LAZ.  Appearance before parliament regarding the proposed Service Commissions Bill – this was attended by the Vice-President  Appearance before parliament regarding the Business Regulatory Bill – this was attended to by the Law Reform Committee  Appearance before the National Assembly Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs on the proposed Legal Practitioner’s Amendment Bill – attended by the Honorary Secretary  Appearance before the National Assembly Select Committee regarding the proposed appointment of Judge Evans Hamaundu and Judge Albert Wood to the Supreme Court – attended by the Vice-President, Honorary Secretary and Honorary Treasurer.

b) Appointment of Members to Boards and Committees The following practitioners were amongst some of the members nominated and appointed to serve on various boards and committees:

Mrs Mwenzi Mulenga - NWASCO Audit and Risk Committee Mr Sibanze Simuchoba - NAPSA Audit,Risk and Compliance Committee Mrs Namwandi H Ndhlovu - ECZ Pension Trust Fund Board of Trustees Mr. Likando Kalaluka - Duke of Edinburgh Award Board Mr. Freddie Chalenga - Muchinga Province Audit Committee Mr. Sydney Chisenga - Judiciary Audit Committee Col. Paul Pandala Banda - Public Service Commission Mrs. Sashi Kateka - Pension and Insurance Authority Audit Committee Mrs. Tafuna Mumba - Zambia Law Development Agency Mr. George Chisanga - Legal and Judicial Reforms Commission High Court Working Group on the establishment of Divisions of the High Court 12.0 INTERNATIONAL & LOCAL CONFERENCES & TRAININGS

a) SADC Lawyers Association – Lilongwe, Malawi The SADC Lawyers Association Annual General Meeting and Conference was held in Malawi from 2nd – 3rd August 2013 and the Association was well represented by a good number of our members.

b) The Annual IBA Africa Regional Forum – Kampala, Uganda The Annual International Bar Association (I.B.A) Africa Regional Forum was held from 8th – 10th August 2012 in Kampala, Kampala, Uganda. LAZ was represented by the Honorary Treasurer and Other Senior members of the association.

c) The IBA Annual Conference – Boston, Massachusetts The International Bar Association Annual Conference was held from 6 th – 11th October 2013 in Boston, USA. LAZ was represented by the President and other Senior Members of the Association.

d) Launch of Forum for Female Chiefs as Advocates for Peace and Stability, 3rd to 9th February, 2014, Lusaka. The Association was invited to attend the launch of a one year programme for peace and stability by female traditional leaders as advocates for peace and stability. The Association was requested to present a paper on ‘The legal Framework for Preserving Peace and Stability by Traditional Leaders in Zambia’. The paper presented by the Association discussed causes of conflict, the notion of peace and the Zambian legal framework for ensuring peace and stability, its applicability by traditional leaders and their role. The forum among other things requested LAZ to take and show leadership in issues of law reform vis-à-vis national development programmes and agendas. e) US Embassy Digital Video Conference Workshop Sessions on Rule of Law – Lusaka 12 & 26th February, 2014 The Association was represented at two digital video conference workshops held at the US Embassy in Lusaka in February, 2014. The session that were on the rule of law focused on court and case management and mediation and on court technology and law clerks. f) Commonwealth Lawyers Association Annual Conference – Cape Town, South Africa The Commonwealth Lawyers Association Annual Conference was held from 14th -18th April 2013 in Cape Town, South Africa. LAZ was represented by the President, Vice President and Mr George Chisanga.

13.0 CALL DAY

The Association welcomed Lawyers who were called to the Bar; eleven were called on 8th November 2013 and sixty three were called on 14th March 2014.

14.0 CONCLUSION Lastly, on behalf of Council, I would like to thank all the members of the Association for the support rendered during the year. The positive feedback and objective criticism given to us enabled us to work more diligently in the last year. May I pay special tribute to my vibrant

council and especially those that have retired from the Council. I would also like to say farewell on my own behalf as I too am retiring from the Council this year. I wish you all the very best. I thank you.

James Banda PRESIDENT