Editorial: Stop Pretending, You Know There Are Many Corrupt Judges

Editorial: Stop Pretending, You Know There Are Many Corrupt Judges

The Law Association of Zambia has asked the UPND and members of the public to stop accusing judges and other judicial officers of corruption, saying this has the potential of creating anarchy.

No section of the community has all the virtues, neither does any have all the vices. We are quite sure that most people try to do their jobs as best as they can, even if the result is not always entirely successful. He who has never failed to reach perfection has a right to be the harshest critic. There can be no doubt, of course, that criticism is good for people and institutions that are part of public life. No institution – court, judge, whatever – should expect to be free from the scrutiny of those who give it their loyalty and support, not to mention those who don’t. This criticism can be an effective engine for change.
If we have shortcomings, we are not afraid to have them pointed out and criticised, because we serve the people. Anyone, no matter who, may point out our shortcomings. If he is right, we will correct them. If what he proposes will benefit the people, we will act upon it.

Taught by mistakes and setbacks, we have become wiser and handle our affairs better. It is hard for any political party or person to avoid mistakes, but we should make as few as possible. Once a mistake is made, we should correct it, and the more quickly and thoroughly, the better.

If they have shortcomings, our judges shouldn’t be afraid to have them pointed out and criticised, because they are there to serve the people. Anyone, no matter who, may point out their shortcomings. If he is right, they must correct them. If what he proposes will benefit the people, they must act upon it.
The truth is that there are judges whose appointment the Law Association of Zambia refused to support because they were not fit to be judges. But they were nevertheless appointed by the President, with the support of the Chief Justice, the Judicial Service Commission and ratified by Parliament.

There’s no need for the Law Association of Zambia to pretend that it doesn’t know that there are many judges in Zambia who are corrupt. And corruption here is not just about receiving money and favours from litigants and other interested parties. It also includes delivering clearly biased judgments and taking up the responsibility and benefits of a judge when one knows very well the job is intellectually and otherwise beyond them.

There are very few lawyers in this country who are not privately complaining about corruption in the judiciary. This is a highly compromised judiciary. Even among the judges themselves, corruption in the judiciary is acknowledged. It’s not very long ago that the Chief Justice was on the Copperbelt talking about corruption among some judiciary officers. So why is the Law Association of Zambia denying that which is acknowledged by so many people, including judges themselves?

This is hypocrisy, dishonesty on the part of the Law Association of Zambia. But this type of hypocrisy, dishonesty is not good because it will end up undermining the standing of the Law Association of Zambia. And moreover, Hakainde Hichilema is exercising his democratic right to question the operations of a public institution and conduct of public officers. And he is doing so within the parameters permitted by law – otherwise they would have arrested him a long time ago.

It’s discouraging to think how much the Law Association of Zambia is disturbed and shocked by Hakainde’s honesty on the judiciary’s corruption and dishonesty. But as John Lennon observed, “One thing you can’t hide – is when you’re crippled inside.”

There’s need to accept the inequities in our judiciary and not try to cover them with a white linen sheet. The Law Association of Zambia’s hypocrisy on this score insults the intelligence of the Zambian people. Who doesn’t know what businesses and properties some of our judges own using all sorts of fronts? Why are they hiding their businesses and properties? It’s because they know it’s not right and not in accordance with the requirements of their offices.