Justice requires substantive officers

The injustice of having a Chief Justice in acting position and imposed by the executive is the tragedy and torture of Justice being experienced under the PF regime, says a political analyst Nason Msoni.

Mr Msoni observed that there could never be true justice in an environment where the acting chief justice was dependent on the executive for long term protection and survival.

He said that the current setup in the Judiciary only served to demoralize and frustrate those eligible for the appointment to the lucrative position of Chief Justice.

Mr Msoni also charged that apart from frustrating other members of the bench there was every-likelihood of mistrust created by the inappropriate fraternity of the individual in that office with the executive which in itself undermined the very principal of separation of powers.

“The legitimate questions we are asking are for how long will these illegalities be perpetuated at the expense of true Justice? Who stands to benefit from perpetuating this illegality?

“It is a moral issue for anybody in that position and situation to realize is that you cannot serve two masters at the same time and expect to be impartial in the execution of the function of that office,” Msoni said.

He argued that the cost of carrying that  illegality in the judiciary would be very heavy on tax payers as the executive was busy inducing by elections, while on the other hand the judiciary was also so busy nullifying the elections of opposition members of parliament.

He charged that this was being done with the sole purpose of filling the seats with PF members smuggled into parliament through dubious and doubted electoral victories in order for the ruling party to have more numbers in the house.

“Ideally every piece of legislation under this set up is expected to go through unchallenged in parliament. The damage of legitimizing illegality in the Judiciary of accommodating the interest of one person at such great expense is despicable and extremely selfish to say the least.

“Unless selfish individuals begin to censor themselves there is the obvious danger that Zambia risks going into self-destruction and ruin under the PF regime.

“Under the given circumstances it is extremely difficult for the existing systems to deliver an impartial Chief Justice of the Republic who is free from prejudice. The tragedy of our Judiciary is that true Justice is scarce as dog tears,” he said.

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