By Isaac Zulu
I have no say on how the judiciary determines its cases, says Mulambo Haimbe.
Speaking when he feature on Radio Phoenix programme dubbed “Let the People Talk” on Tuesday, Haimbe, who is Justice Minister, said that he sits on the Executive arm of government and, therefore, has nothing to do with the way the judiciary operates.
He said that the UPND administration has due regard to separation of powers in governance and will never interfere with operations of the judiciary.
“I have no say on how the judiciary determines its cases. I sit on the Executive arm of government. Please understand how the new dawn dispensation operates. We have regard for separation of powers. I cannot tell a Judge or Magistrate to decide a case in a particular manner,” Haimbe said. “If you are not satisfied with the decision that has been made by a particular Judge, you are at liberty to lodge your complaint with the Judicial Complaints Commission.”
And Haimbe said that the UPND administration has recorded milestones with regard to legal reforms.
He cited the abolishment of the death penalty, the removal of the criminal defamation of the President, the law relating to the management of public borrowing; “which is aimed at avoiding excessive borrowing like was the case previously,” as some of the progressive legal reforms.
“As a way of enhancing our democracy, the President has taken a bold decision to remove the criminal defamation of the President from our statutes. Criminal defamation of the President law was used to abuse the rights of citizens by previous regimes,” Haimbe said.
He said that the UPND administration has also embarked on a holistic review of the Penal Code, Chapter 87 of the Laws of Zambia and the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, saying that the two pieces of legislation are archaic and need to be in tandem with modern society.
When asked by programme host why it is taking long for the UPND administration to repeal the Public Order Act and the Cyber Security Act, when it is a well known fact that President Hakainde Hichilema; while in opposition pledged to repeal the two pieces of legislation immediately after forming government, Haimbe said that the UPND administration remains committed to ensuring legal reforms, and that the process to review the said laws is underway.
“When you talk about the Public Order Act, it is currently being reviewed. The Law Association of Zambia, the Human Rights Commission, Zambia Law Development Commission and other stakeholders have been deliberating on this particular legislation. For the Cyber Security Act, I would say it is “in court” because Chapter One Foundation sued the State,” Haimbe said, who is also Lusaka Central member of parliament.
On electoral reforms, Haimbe said that the UPND administration wants the Electoral Commission of Zambia to operate independently and “we would want the commissioners at ECZ to drive the process of electoral reforms.”
“We don’t want to have fingers in many pieces of a pie. Of course we don’t want electoral reforms to be done towards the 2026 general elections,” said Haimbe.