The impact of the Executive on the Judiciary in Zambia since 1964-2004
Date
2013-10-17
Authors
Kaluba, Stanley Nkandu
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Abstract
Essentially, the dissertation has primarily focused on the impact of the Executive on the judiciary from 1964 to 2004. The exposition has endevoured to illustrate that in the Zambian scenario, judicial independence, though guaranteed by the Constitution in Article 91(2) and (3) has been seriously eroded in practice. It is submitted that some magistrates and judges are intimidated by intemperate attacks on the judiciary by senior government officials churches, opposition political parties, and the civil society.Furthermore, the dissertation has examined whether the judiciary has remained abreast with its constitution requirement especially when it is faced with cases that are politically motivated or involved the government which experts the judges to rule in there favour, and if the courts fail to do so what repercussions that befall the judiciary, especially the judge who handled the case? It will be seen that those judges have been asked to retire, resign, apologize and if they have to renew there contracts they have been refused to do so because of the judgments they passed. Even the Chief Justice who is at the helm of the judiciary has not been spared, it will be seen that at various points the executive branch of government have facilitated the removal of the Chief justice from Office contrary to the provisions of the Constitution on the removal of judges from office. Other judges or Chief Justices were give political appointments in order to silence them or to get rid of them.In view of the foregoing a comparative analysis on the independence of the judiciary has been made with other jurisdditions. It will be seen that most African countries are just like Zambia in terms of the executive interfering with the judiciary.
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Keywords
eperation of Powers , Judiciary-Zambia