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Zambia: Access to Justice Fundamental
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The Times of Zambia (Ndola)
EDITORIAL
21 March 2008
Posted to the web 21 March 2008
ACCESS to justice is a fundamental human requirement.
Ensuring that there is access to justice, however, is a function of the presence of a facilitating environment.
The environment is made of up the institutions and men and women who fill these institutions.
Zambia has since independence put in place a legal framework which ensures that every Zambian has equal recourse to the legal process.
The level and success at which this noble pursuit is achieved will depend on the type of men and women in the system.
This is why it is worrying when signs appear that some of the learned men and women in the legal profession may not be fit professionally.
The observations made by Chief Justice Ernest Sakala raise troubling questions.
To the effect that some legal practitioners are not fit and proper for their calling is a very serious matter indeed, coming from the pinnacle of the legal system in Zambia.
As a lawyer himself, the Chief Justice must have agonised so much before going public with his concerns.
It is sad that instead of regulating itself, the legal system has abetted infringements and departures from its strict norms.
It is appalling that some one can recommend a person they know fully well is not fit to the bar.
It calls to question the moral standing of such decisions, and there is need to re-look at the whole process.
The Chief Justice's sentiments that he has been taken aback by some of the lawyers who have been called to the bar is a worrying sign.
It means that the system that is supposed to ensure that only those that are deserving are called to the bar has not been working well.
The quality of legal services may, therefore, have been compromised in some cases.
It is baffling that spurious recommendations should be made in a matter which is the very basis of a legal system.
At the end of the day, however, it is not only the legal profession which suffers under such circumstances but every one who has recourse to the legal system.
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It cannot be denied that many complaints have been raised by clients over the type of services extended to them.
There is need for the legal fraternity to follow up advocates who make improper recommendations when they know that a particular character is not a fit and suitable person for admission.
The Law Association of Zambia has a big role to play in this.
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