Institute of Law, Policy Research & Human Rights

PRESS RELEASE
13TH FEBRUARY, 2023
Preamble
The institute of Law, Policy Research and Human Rights (ILHRPR) is a not-for-profit organization which aims to promote constitutionalism, good governance, rule of law and human rights protection through social advocacy, policy research and legal education. In our quest to achieve the above, we engage both the governmental and non-governmental entities as we believe in a collaborative approach in finding solutions to societal challenges and problems. We also engage in strategic litigation aimed at creating a culture of constitutionalism, democratic governance and respect for Human Rights.
Appointment of Judges to the Constitutional Court, Court of Appeal and the High Court
As an institute, we are delighted that the President Mr. Hakainde Hichilema has exercised his constitutional powers by appointing new Judges to the different Courts subject to the ratification by the National Assembly.
The Appointment of new Judges will not only enhance justice but it shall also reduce the backlog of cases in our courts thereby advancing the course of justice.
These appointments have been received with great joy by ourselves as this has always been our desire and it is the major reason why in living up to our objectives of strategic litigation, we petitioned the Constitutional Court for the President through the Attorney General to comply with the provisions of the Constitution and the Superior Courts (Number of Judges) Act which prescribe a minimum number of judges for each court by appointing the requisite number of Judges to the respective courts.
In the said petition, the State argued that much as the President is supposed to comply with the provisions of the law, there are factors such as the availability of funding and infrastructure that must be looked at. The Constitutional Court agreed with us that there was need to comply with the provisions of the law regarding the appointment of Judges and that it required that the State to ensure that resources are made available for the required infrastructure and funding for the courts as this would ensure access to justice. Be that as it may, our petition was dismissed on the basis that the Constitution does not provide a timeframe through which the said appointments are to be done.
Conclusion
We therefore, wish to conclude by commending the President for taking a step in the right direction by appointing new Judges and indeed promoting others.
We remain optimistic that the remaining vacancies in the different courts shall soon be filled.
We also wish to take the opportunity by congratulating the newly appointed learned judges and the promotion of other learned judges to the appellate courts subject to the ratification by the National Assembly as they contribute to the course of justice in our country.

issued by:
Mr. Jameson Kachimwa
Deputy Executive Director and Acting Executive Director
For and on behalf of the Institute of Law, Policy Research and Human Rights.

The appointment of new Judges by President Hakainde Hichilema, a welcome move PRESS RELEASE 13TH FEBRUARY, 2023 Preamble The institute of Law, Policy Research and Human Rights (ILHRPR) is a not-for-profit organization which aims to promote constitutionalism, good governance, rule of law and human rights protection through social advocacy, policy research and legal education.

Happy 57th Birthday to our Republic. We celebrate the lives of our forefathers.

Happy Independence Zambia

Happy National Heroes Day!!!

As an institute we are deeply saddened by the death of her ladyship the Chief Justice of our country Madam Ireen Chirwa Mambilima. May Her Soul Rest In Eternal Peace.

The legacy of Kenneth Kaunda
One Zambia, One Nation.

We celebrate the life of our First Republican President Dr. Kenneth Kaunda. May he rest in eternal peace.

A Constitution must be understood by all and must be without any room for misinterpretation, wilful or otherwise. The Institute has approached the Constitutional Court of Zambia for interpretation of certain "ambiguous" provisions.
Institute of Law, Policy Research & Human Rights

In a bid to dispel any doubts regarding provisions of the Constitution of Zambia, Chapter 1 of the Laws of Zambia as amended by Act No. 2 of 2016, the Institute has approached the Constitutional Court of Zambia for interpretation of the same.

As a rider to the discussion on Article 51 (a) of the Constitution of Zambia. I've received backlash in the sense that people understand that the "2 months immediately before the date of the election" means that one can actually resign on the eve of nomination or a week before the election and contest an election. This is a flawed conclusion because it defeats the whole sense of the provision. What was the intention of the framers in putting up this provision? The intention cannot be said to relate to the actual "election date" because an election is a process. It starts from nomination to the actual polling day. So to suggest that the 2 months relates to the polling day (12th August) will lead to unintended absurdities. One, it will mean that the ECZ can allow nominations even a day or a week before the election date because the natural and plain meaning means 2 months before an election. If we adopt this provision in its natural and plain meaning that it becomes inoperative and unenforceable because people will be leaving their parties a day or hours before nomination when they are left out as candidates. Then why would the framers enshrine an ineffective and inoperative provision? What purpose does it serve?
Joseph Chirwa Esq
Executive Director, ILPRHR

ECZ should stop the nominations of the following persons intending to stand as MPs, Mayors/Council Chairpersons and Councillors:
1. Those that belonged to a political party but opted to stand as independents after being left out in the internal adoption processes of various parties. If one applied to be adopted as a candidate for either the PF or UPND or indeed any other political party then they do not qualify for nomination as independents in line with Article 51 (a) of the Constitution of Zambia. This provision requires that one must not be a member of a political party "for at least two months immediately before the date of the election". If one was not adopted by a political party last week is not eligible to stand. If the ECZ allows these people to file nominations then the ECZ will be acting unconstitutional and we shall seek recourse of the Constitutional Court.
2. Those persons facing prosecution in the courts or those that have been fired from employment in the public service on grounds of gross misconduct. Article 266 of the Constitution of Zambia defines "gross misconduct" which means:
a. behaviour which brings a public office into disrepute, ridicule or contempt;
b. behaviour that is prejudicial or inimical to the economy or security of the State;
c. an act of corruption; or
d. using or lending the prestige of an office to advance the private interests of that person, members of that person's family or another person. Can a person who was fired for po*******hy stand? Can a person who was fired for embezzlement stand? NO! Why? Because these people are prevented to stand in line with Article 70 (2) (h) of the Constitution of Zambia. ECZ take note because we shall take you on!
Joseph Chirwa Esq
Advocate (Barrister and Solicitor)/ Executive Director of the Institute of Law, Policy Research and Human Rights.

Institute of Law, Policy Research & Human Rights The leading think tank in Human Rights advocacy, Legal Education & Policy Research.

It is the preserve of every Zambian citizen that has attained the age of 18 to cast their vote for the leader of choice. Make sure to verify your details as today is the last day to do so.

"Physical Inspection of the Provisional Register of Voters is underway until 7th April, 2021.

Visit a Voter Registration Centre. If Voter Registration details are correct after checking with *214 # and https://t.co/J2Huw4S3zt, there is no need to visit a Physical Inspection Centre https://t.co/2NaBMYUiBf"

Visit the link below and follow the prompts:
https://ovr.elections.org.zm/

Courtesy of ECZ

From us to you : We wish you all a Happy Easter.

Section 138(1) (Amendment) of the Penal Code expressly states that any person convicted of the offence of defilement may be liable to imprisonment for life and yet we still hear of cases of defilement in different parts of the country. We are particularly concerned with the recent case where a 6 year old girl was defiled by different men taking turns.

Would you say our laws on defilement are not stern enough?

Share your views with us.

Pic Credit: Barefootlaw.org