Mon, 13 Feb 2017 14:24:29 +0000
By Bennie MUNDANDO
IT is criminal and an act of subjudice for the ‘‘Post newspaper’’ to launch an attack against Judge Sunday Nkonde who is presiding over its liquidation as well as the fraud in the Development Bank of Zambia.
Prominent lawyers have now called on the judiciary, police and law enforcement agencies to stop the campaign that is intended to drive Jude Nkonde from presiding over the matter.
And prominent lawyer Kelvin Bwalya Fube has strongly condemned the attacks against Judge Nkonde and the judiciary in general and advised that those attacking the judiciary should consult their lawyers on the procedures involved in disciplining a judge.
Mr Fube populary known as KBF said no amount of media malaise could lead to the dismissal
of a judge if a complaint was not laid with Judicial Service commission. Mr. Fube noted that the mudslinging targeted at High Court judge Sunday Nkonde and the judiciary as a whole were premised on insincerity and only aimed at bring the entire judiciary into disrepute.
He described the on-going onslaught on the judiciary as unfortunate because judges were defenceless adding that those who thought they had evidence enough to prompt for setting up an inquiry against certain individuals in the judiciary should follow the right procedure rather than using the media to demonise them.
He noted that the on-going media crusade against some judges will not achieve anything other than causing injury to those being targeted as they could not defence themselves from the wild allegations levelled against them.
“I want to believe that those who are making allegations against certain judges or the judiciary as a whole have lawyers and I think the best they can do is consult their lawyers on the procedure that should be followed when they feel that a certain judge is not operating within the confines of the law because these attacks will not amount to anything other than just causing injury to the judiciary.
“One unfortunate thing is that judges cannot defended themselves from attacks and only rely on members of the general public and the Law Association of Zambia (LAZ) to defend them. Judges cannot call for a press briefing to talk about issues affecting them and so, those who feel they have evidence against such, let them report such matters to the judicial service commission and if they have any valid points, the president can then set up an inquiry,” Mr. Fube said.
He said it was unfair for people to continue the media assault on lawyers regardless of whether they were wrong or right because every Zambian had the right to be treated innocent until they were proven guilty.
“There is the rule of law in this country and also, every Zambian has the right to be treated innocent until proven guilty. It is not an issue of whether Judge Nkonde or any other judge is wrong or right. It is about following legal procedures,” he said.