Confusion reigns over LAZ suspensions

Tue, 28 Mar 2017 10:25:38 +0000

By CHIKUMBI KATEBE and CHARLES MUSONDA

CONFUSION reigns in the Law Association of Zambia with lawyers now demanding a retraction of alleged suspension notices against them for which no action has been taken to effect the suspensions.

And it has come to the attention of the Daily Nation that the officer who wrote the suspension letters, LAZ honorary secretary Silas Mambwe, is not aware that the lawyers he suspended are working normally and are appearing before the courts of law.

One of the lawyers who was supposedly suspended complained that he was surprised to read about his suspension in the media as there was no communication over his alleged suspension.

Mr Cheelo Mwiinga said if indeed he was suspended by LAZ, he wondered how he could have renewed his practicing license and was even issued with an identity card which could only be issued to bona fide members.

“It is no wonder lawyers are calling to have another legal body other than LAZ because of these kinds of administrative problems which are bringing confusion in the profession.

“I have just been receiving phone calls from people inquiring about my alleged suspension, when I have no such communication from LAZ, but I have been promised that LAZ would retract the statement,” he said.

And controversy surrounds the suspension of Lusaka lawyer Nicholas Chanda from practicing law by the Law Association of Zambia.

On February 27, 2017, LAZ’s Legal Practitioners Committee (LPC) suspended Mr. Chanda and two other lawyers Mr Mwiinga and Mr Bwalya Luo from practicing law.

In notices addressed to the Chief Justice, Deputy Chief Justice, Supreme Court and High Court judges as well as other adjudicators in the Judiciary, LAZ Midlands honorary secretary Mr Mambwe said the trio had been suspended with immediate effect until further notice from him.

“By this notice, the said practitioner is not to appear in any court or tribunal and should not file court processes of whatever nature until further notice from the undersigned,” Mr. Mambwe said in a notice referring to Mr Chanda.

But yesterday Mr. Chanda was in the Lusaka Magistrates’ Court defending his client, Saulos Mukulwa, who is facing five counts of forgery and uttering false documents.

He later said that after his suspension, he engaged Attorney General Likando Kalaluka after which he received a phone call from LAZ telling him that his suspension had been lifted.

But Mr. Mambwe, who signs practicing certificates and suspension notices, said he was not aware of the lifting of Mr. Chanda’s suspension.

“I am not aware of the lifting of his suspension. I sign the licenses and the suspension notices. Once the LPC has suspended someone, the LPC does not lift the suspensions. It is the Disciplinary Committee, which is a higher body to the Legal Practitioners Committee, that lifts the suspension upon hearing the matter afresh.

“So I am not aware of the LPC lifting Mr. Chanda’s suspension. It is not to my knowledge if the Disciplinary Committee has heard Mr. Chanda’s case,” Mr. Mambwe said.

On Mr. Mwiinga’s suspension, Mr. Mambwe said the lawyer had obtained a stay of execution of his suspension.

“The court has stayed the execution of his suspension, meaning that he is free to practice until his case is heard,” Mr. Mambwe said.