THE JUDICATURE

1. Autonomy and Independence; the Chief Justice; Supreme and High Court Judges; the Industrial Relations Court; The Constitutional Court; Tenure of Office for judges of the Supreme and High courts; the Judicial Service Commission; Local courts.

1. The judiciary be de-linked from the Ministry of Legal Affairs in order to ensure true autonomy and separation of powers.

   This is ACCEPTED.

2. The tenure of office of the Chief Justice be the prerogative of the appointing authority who has the power to limit the term.

   This is ACCEPTED.

3. The appointment of Supreme and High Court Judges by the President be ratified by Parliament.

   This is ACCEPTED.

4. No divisions of the Supreme Court should be created at present.

   This is ACCEPTED.

5. The Industrial Relations Court is inherently a quasi-judicial tribunal as is reflected in the membership and procedure of the court and therefore cannot be a part of the ordinary judicature and therefore should be a creation of an Act of Parliament as originally conceived.

   This is ACCEPTED.

6. Judges of the Supreme and High courts cannot be removed by a two-thirds majority vote of no confidence because this is not a conventional and accepted practice.

   This is ACCEPTED.

7. In order for the Judicial Service Commission to be more representative, its membership should be enlarged to include the following:

   1. The solicitor general;

   2. One member t be appointed by the Speaker of the National Assembly;

   3. One member to represent the Law Association of Zambia;

   4. One member to be appointed by the President;

   5. One judge to be appointed by the Chief Justice;

   6. Dean. School of Law, University of Zambia

   This is ACCEPTED except that the Judge at (v) should be ‘nominated’ and not appointed by the chief justice.

8. The President will appoint members of the judicial Service Commission without the need for parliamentary ratification since the membership is specified in The Constitution.

   This is ACCEPTED.

9. Chiefs should not preside over local courts on the same principle of separation of powers since chiefs are, by and large, part of the Executive organ of the State.

   This is ACCEPTED.

10. There should be established a Constitutional Court with both original and final jurisdiction on all constitutional and related matters. The court should be composed of seven (7) judges appointed by the President and ratified by both Houses of Parliament. Members of the Court shall serve for a period of seven (7) years subject to renewal for a further term of seven (7) years and no more.

This is ACCEPTED.