The Law Today

Lawyers wanted at M.C Hamacila Legal Practitioners.

Kindly apply.

See the photo attached.

We wish to extend our congratulations to Colin Kabalata for being admitted to the Bar as Advocate of the High Court of Zambia.
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Abapondo 🔥🔥👏👏⚖️⚖️
Would you look at that! SEAN is now an Advocate for the High Court of Zambia.

From a young intern running around with legal papers and opinions at Muyatwa legal practitioners, we congratulate you for this great achievement and proudly reintroduce you as Sean Liseli Mweene, LLB, AHCZ properly called...Go and conquer!

LIFTING PRESIDENTIAL IMMUNITY
By The Law Today

Unlike the lifting of Immunity of former President Frederick Chiluba (2002) and Rupiah Banda (2013) which was done with easy in Parliament, the law has now changed since 2016. See Article 98 of the Constitution.

In Chiluba and Banda cases, a wide range of unsubstantiated allegations were made in Parliament, which prompted MPs to lift Presidential immunity without verification of the allegations. And it was by mere simple majority vote by Parliament! But now the law has changed. The following pointers must now be followed for lifting Immunity:

1. It is the sitting President himself who should go to Parliament and present a Report detailing the specificallegations against former President. (Rupiah Banda was done by Minister of Justice).

2. The allegations must be specific and Parliament is obliged to set-up a special Committee to probe the allegations before tabling them in the House unlike in the Chiluba and Banda case.

3. The former President, unlike previous, is allowed to challenge and be heard at Parliament before lifting of immunity. So, if the allegations are fake, the Committee will inform Parliament and the whole process fails! Lawyers get involved at this stage like in the US during congressional hearing of impeachment of the President.

4. If the Committee finds that the allegations are valid, Parliament will still has to vote for lifting of immunity and the motion requires two-thirds majority unlike in Chiluba and Banda cases where you just needed simple majority.

5. Once immunity is lifted, the former President ought to charged with those specific charges or alleged offences that Parliament approved and nothing else. In both Chiluba and Banda cases, they were charged with other unrelated offences not presented to Parliament.

6. If acquitted by the Courts, immunity is given back automatically by operation of law unlike in the Chiluba and Banda cases.

The effect of the above entails that the former President must be investigated first and prima facie case found against him before contemplating to lift immunity. There is no law that stops law enforcement agencies from investigating former President but prosecution. The process has now been lengthened following the unsuccessful prosecution of Chiluba and Banda. No ordinary MP or Minister can move Parliament to remove immunity unlike in the past. It must be President.

My Client can't continue his defence as he is in Hospital - Lawyer

The matter in which Godfrey Bwalya Mwamba (GBM) is charged with Conflict of Interest, Possession of Properties Suspected to be Proceeds of Crime and Money Laundering came up yesterday for continuation of defence before Lusaka Magistrate Hon. Ngobola.

This is the matter in which the former Minister of Defence is charged with Conflict of Interest, Possession of Properties Suspected to be Proceeds of Crime and Money Laundering. However, the matter could not kick off due to Mr. Godfrey Bwalya Mwamba admission to Medland Hospital.

The Hon. Magistrate has since adjourned the matter to 8th and 9th November, 2023 for continuation of defence.

'Women, Resilience ,and the Will to Lead' Book authored by Linda Kasonde Former Law Association of Zambia President is out.

The book is being sold at BookWorld, Amazon among other platforms.

She shares her journey of life as a Lawyer.

"On the eve of the AGM,KBF (Kelvin Bwalya Fube) took the air waves to denounce me and the LAZ council.He also alleged that l was on the Payroll of the Opposition UPND Party...…....Taking risks requires courage,and having courage making the difference between achieving greatness and losing hope",she said.

"l had previously considered him (Sishuwa Sishuwa) to be a personal friend,and this felt like a betrayal.I felt he could have made his point without impugning my competence.What l was unprepared for was the tirade that followed in a series of articles by Sishuwa"

Employment Opportunity - Lawyers

Kaumbu Mwondela Legal Practitioners are hiring.

Below is what they posted:

Application for internship positions at the firm. If the following describes you ie:

1. Eager to learn.
2. Appetite for Research and writing.
3. Work well in teams.
4. Hold an LL.B.
5. Not enrolled/enrolling for LPQE course for 2023/2024 intake.

Do send an email to [email protected] with your motivation letter and credentials.

The deadline closes on Tuesday 17th October,2023 at 17:00hrs.

NB: Motivation Letter means write about yourself and the branch of Law you are good at.

Procedure for converting Land under Customary tenure to leasehold tenure in Zambia

In the case of Duncan Silembo v. Roman Shaloom Appeal no 44, the Court of Appeal for Zambia explains the procedure to follow when converting Customary Land to state land in Zambia.

The three panel of Judges held;

1. A person ("the applicants") must have had the right to use and occupy land under a customary area with the intention of settling there for a period of not less than five years in order to qualify to apply for the conversion of the said land to leasehold tenure.

2. The applicant must apply for consent for conversion to the Chief of the area where the said land is located.

3. Where the chief consents to the application for conversion, aforesaid,the chief is obliged to confirm the following:

a)That the applicant has a right to the use and occupation of the subject land.
b) The period of time that the applicant has been holding the subject land; and
c) That the applicant is not infringing on any other person's rights.

4. The Chief is then obliged to refer or forward Form II (letter) to the Council in whose area the land that is to be converted is located.

5. The council then makes a recommendation and application to the Commissioner of Land for conversion,in consultation with the Chief.

In the above case, the court found that the procedure relating to the allocation of Land held under customary land and subsequent conversion of the land to leasehold was not followed and consequently ordered the cancellation of the certificate of title issued in breach of the procedure for conversion.

Go well thee Justice

"I joined Law because I believe in our Constitution and rule of Law"- he said.

Rest in Peace Kabwe High Court Judge Hon. Mr Justice Isaac Kamwendo. Former Times of Zambia Company Secretary.

Deepest condolences to the Judiciary and Family.

DPP at Kabwe High Court

Director of Public Prosecution (DPP) Gilbert Phiri SC has arrived for a hearing in a matter Fred M'membe is alleged to have caused grievous harm on UPND cadres during a by-election in Serenje on 8th April, 2023.

Monday Motivation

"Goals are meant to be achieved. The key is never give up! Do your best always. One day you will be admitted to the Bar" - Justice Dr Patrick Matibini SC

From the left;

Lady Justice Mbile Wina Vukovic,Lady Justice Bubile Lungu Shonga and Lady Justice Mwila Chibwe Kombe.

All, ZIALE class of 1996.

It's possible you can make it.

Lady Chief Justice of England & Wales

Dame Sue Carr today becomes, and will be known as, the Lady Chief Justice of England and Wales. As Lady Chief Justice, Dame Sue Carr will be the President of the Courts of England and Wales and Head of the Judiciary of England and Wales. She is the 98th person to hold this historic office and the first woman.

Dame Sue Carr says:
“It is a great privilege to assume this role. I would like to pay tribute to my predecessor, Lord Burnett, who has demonstrated extraordinary resilience and leadership during a time of great change, including keeping the courts running during the pandemic. He has personally given so much to the law and to the judiciary.

I do not underestimate the challenges that lie ahead, and I look forward to approaching the role with energy, enthusiasm, and positivity. The rule of law is a fundamental constitutional principle which underpins an open, fair and peaceful society, where citizens and businesses can prosper. Our judges and magistrates are its cornerstone.”