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MINUTE NO. 02/04/14 – CALL TO ORDER AND WELCOME REMARKS

The quorum having been formed and the National Anthem sung, the LAZ President called the meeting to order at 08:41 hours and welcomed all members present.


MINUTE NO. 03/04/14 – NOTICE OF MEETING AND ADOPTION OF THE AGENDA

The Honorary Secretary read the Notice of Meeting and Agenda. On a proposal by Dr. Overs M. M. Banda and secondment by Mr. Stephen Lungu, the agenda was adopted without amendments.



MINUTE 04/04/14 – OBSERVANCE OF A MINUTE OF SILENCE IN HONOUR OF DECEASED MEMBERS

In honour and memory of deceased members, the LAZ President requested all members to stand in their respective places and observe a minute of silence. The list of deceased members was as stated hereunder:



NAME FIRM/INSTITUTION DATE

  1. Mrs Doreen A Mukubesa Lipalile LAZ Member 10.05.2013

  2. Mr Horace Makala PatMat Legal Practitioners 20.06.2013

  3. Mr Goodall S Chimanga G S Chimanga & Company 27.06.2013

  4. Hon Mr Justice S S Silomba Judiciary 31.07.2013

  5. Mr Justin Mukolwe Mukolwe & Associates .....12.2013

  6. Mr Willa D Mung’omba Mung’omba Associates 17.02.2014

  7. Mrs Dilys N Njolomba-Haimbe LAZ Member 25.03.2014


MINUTE NO. 05/04/14 – TABLING OF PROXIES

Members were called upon to table their proxies before the Returning Officer, Mrs. Mwansa M. Mutimushi, not later than 11:00 hours that day.


MINUTE NO. 06/04/14 – CONSIDERATION AND CONFIRMATION OF MINUTES OF THE PREVIOUS AGM HELD ON SATURDAY 4TH MAY, 2013 AT THE ZAMEZI SUN INTERNATIONAL HOTEL, LIVINGSTONE

The LAZ President apologised for the fact that the minutes of the Extraordinary General Meeting (EGM) held on 24th August, 2013 were not available due to circumstances beyond the control of the Council. In this regard, he indicated that the minutes of the EGM would be available for consideration at the next AGM.

On a proposal by Dr Overs M M Banda, and secondment by Mrs. Charity Katanga, the minutes of the previous AGM held on 4th May, 2013 were adopted as a true and correct record of proceedings of the meeting subject to the following corrections:

Under Minute No. 04/05/13 – Observance of a Minute of silence in honour of deceased members, the last line before the list, the word ‘’is’’ just after the acronym ‘’AGM’’ should read ‘’was’’.

Under Minute No. 07/05/13 – Matters Arising from the Minutes of the AGM held on 28th April, 2012:

(6) Constitution Making Process in the second paragraph, third line, the phrase ‘’government view’’ to read ‘’Government’s view’’. Further, in the third paragraph, second line, the words ‘’frame work’’ should read as ‘’framework’’.

(14) International & Local Conferences and Trainings in the first line, the coma after the word ‘’that’’ should be deleted.

(15) Call Day

Throughout the paragraph, the words ‘’Chief Justice’’ to be preceded by the word ‘’Acting’’.



Under Minute No. 09/05/13 – Discussion of the President’s Report:

  1. International and Local Conferences & Trainings, the word ‘’reform’’ immediately after ‘’judicial’’ should read ‘’reforms’’.




  1. Disciplinary Actions – In the second paragraph, fifth line, the phrase ‘’…Committee was being fraudulent and trying to protect its friends’’ should read ‘’…Committee was being fraudulent and trying to protect its members’’.

  2. Development of the Association – In the third line, the word ‘’the’’ to be inserted between the words ‘’that’’ and ‘’plot’’.

(9) Press Statements

In the fourth line, the coma after the word ‘’that’’ should be deleted.



Under Minute No. 11/05/13 – Consideration of Hon Treasurer’s Report and Budget for 2012,

The first two sentences should be amalgamated should read as follows:



“In presenting his report, the Hon Treasurer started by highlighting developments in the global economy and Zambia’s economic performance during the year under review and highlighted the general financial position of the Association during the period.’’

Under Minute No. 14/05/14 - Compensation Fund, in the second line, the phrase ‘’…a board of Trustees is…’’ should read ‘’…a Board of Trustees was…’’

Under Minute No. 17/05/13 – Appointment of Auditors for 2013.2014 Financial Year, in the first line, the word ‘’by’’ should be inserted between the words ‘’secondment’’ and ‘’Mr.’’

Under Minute No. 19/05/13 – Date of Next LAZ AGM, in the second paragraph last line, the phrase ‘’postponed to the evening of the same day at the Dinner Gala’’ should read “postponed to the evening during the Gala Dinner.’’
MINUTE NO. 07/04/14 – MATTERS ARISING FROM THE MINUTES OF THE AGM HELD ON 4TH MAY, 2013

  1. Development of the Association - The LAZ President reported that a five-year Strategic Plan for the period 2013-2018 had since been formulated and a comprehensive report on the matter was contained in his Report to the AGM.

  2. Law Suits By and Against LAZ - The LAZ President informed the AGM that a ruling had been rendered in the matter in which the Association challenged certain provisions of the Public Order Act which were perceived to be inconsistent with the Constitution. The ruling was against the Association, and the Association had since appealed to the Supreme Court against it.

Under Minute No. 09/05/13 - Discussion of President’s Report:

  1. Press Statements – As regards the incident in which Mr Abraham Mwansa, a Legal Practitioner, was assaulted by a police officer, the LAZ President informed the AGM that Mr Mwansa had not updated the Association as regards the latest position on the matter. He could, therefore, not provide any further information since the ultimate decision with regard to the next course of action laid entirely with Mr Mwansa.

  2. Development of the Association – The AGM wished to know whether a bigger plot had since been acquired. The LAZ President reported that a bigger plot had not been acquired but some idea had been floated about how the Association could be developed. In this regard, the Association had written to the Zambia Agriculture and Show Society requesting to be allocated some of its land for development of business premises. The matter was under consideration and a response was being awaited.

  3. Call Day – As regards the call for the abolition of the five-year bar at ZIALE, the LAZ President reported that no changes had been effected because the applicable law had not yet been amended. However, he indicated that the Association had made the necessary submissions to the Parliamentary Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs on the matter and the Committee had since made appropriate recommendations. In this light, it was incumbent on the Executive arm of Government to bring up the necessary amendments to the law.



  1. Press Statements – As regards concerns on the high registration fees for land transactions, the LAZ President reported that a new Statutory Instrument had since been promulgated which addressed the concerns and capped the registration fees for mortgages at K4, 000 and those for assignments at K15, 000.




  1. Under Minute No. 15/05/13 - Discussion of Treasurer’s Report, the LAZ President reported that the issues that had resulted in the auditors issuing a qualified opinion on the Association’s accounts for 2011/2012 had been resolved and the matter was covered by the Hon Treasurer’s report.


MINUTE NO. 08/04/14 - PRESENTATION OF THE PRESIDENT’S REPORT

In his report, the LAZ President stated that during the period May 2013 – April 2014, the Council of the Law Association of Zambia endeavoured to serve the Associations’ best interests. He informed the AGM that the decisions made and actions taken were in respect of matters handled through the various Committees. The LAZ President then outlined some activities undertaking during the year under review as follows:


(1) OVERVIEW OF LAW ASSOCIATION OF ZAMBIA OBJECTIVES

The Council through the various Committees carried out various activities that were meant to both enhance the profession and also to ensure that the Rule of Law is upheld in the country in line with the objectives of the Association as enshrined in Section 4 of the Law association of Zambia Act.

(2) ATTENDANCE AND PARTICIPATION OF COUNCIL MEMBERS

As regards the performance of Council Members during the year under review, the LAZ President acknowledged that the Association had in place a good Council with committed and dedicated members. He stated that in all, twenty (20) Council Meetings were held at the Secretariat. Seven (7) of which were scheduled while thirteen (13) were Joint or Special Council and State Counsel Meetings, who were also called to give guidance on specific matters. Attendance list was as below:


OFFICERS AND COUNCIL MEMBERS ATTENDANCE

Officers and Meetings

Council Members Attended

Scheduled Special/Joint

(7) (13)

PRESIDENT

Mr. James Banda 7 12


VICE PRESIDENT

Mr. George K. M. Chisanga 5 11


SECRETARY

Ms. Linda C. Kasonde 6 11


TREASURER

Mr. Kafula Mwiche 6 9




COUNCIL MEMBERS
Mr. Sydney Chisenga 4 7

Mrs. Bubile G. Lungu-Mupeso 1 3

Mr. Likando Kalaluka 6 8

Mr. Mulambo H. Haimbe 5 10

Ms. Rumbidzai Mutasa 3 4

Mr. Wilson Mweemba 4 6

Mrs. Munakopa Lloyd Sikaulu 6 10

Mrs. Namwandi Hamanyanga-Ndhlovu 4 7

Mrs. Catherine L.Mulenga-Phiri 2 6

Mr. Sydney Mulengeshi 6 4

Mr. Freddie Mumba Chalenga 4 3

Mrs. Sashi B. Nchito-Kateko 6 11





  1. ACTIVITIES OF THE ASSOCIATION DURING THE PERIOD MAY 2013 TO APRIL 2014

During the period under review, the Council and its Committees worked tirelessly to ensure that the Association performed in accordance with its objectives. Below were some of the achievements:

4.1 Reconstitution of Committees and Appointment of Convenors

All Council members were assigned to specific committees to work as links between the committees and the Council. The intention was to ensure that the Committees and the Council worked in harmony. Each committee elected its own Convenor and Secretary. While some Committees were very active during the year, others regrettably failed to meet as evidenced by their failure to produce Reports at the time of the Annual General Meeting.




    1. Judicial Reforms

Although the Committee on Judicial and Legal Reforms whose membership comprised LAZ, the Judiciary and the Ministry of Justice had not met since the last AGM, some of the recommendations which were made by the Committee were implemented. For example, recruitment of Research Assistants for Judges and appointment of Commission of Inquiry to look at the issue of reforms broadly were acted upon. The LAZ Vice President, Mr. George Chisanga, was the LAZ representative on the Commission. It was hoped that the newly appointed Commission which comprises representatives from Government, Civil Society and the Church would work effectively to make further recommendations on transforming the Judiciary into a much more independent and accountable institution.
In addition, the Association also held an Extraordinary General Meeting on Saturday, 24th August 2013 at Mulungushi International Conference Centre in Lusaka to openly engage members on the continued illegal stay of Justice Lombe Chibesakunda in office as Acting Chief Justice where it was unanimously resolved as follows:


  1. That the resolution of the Annual General Meeting (AGM) of the Law Association of Zambia (LAZ) of 4th May 2013 that Justice Lombe Chibesakunda is not qualified to hold the office of Chief Justice stands;

  2. That the mandate by the AGM to the Council of LAZ to litigate on this issue shall be preceded by engagement with the relevant authorities within a reasonable period of time, not exceeding one month, with a view to ensuring that the vacancy in the substantive office of the Chief Justice of the Republic of Zambia is filled; and

  3. That in the event that the engagement with the relevant authorities fails, the Council of LAZ shall proceed in accordance with the mandate given by the past AGM to litigate this matter.

That the litigation will be undertaken along with other forms of dignified and affirmative action by the members of the Association until the substantive position of the office of the Chief Justice is filled.

It was further reported that the Council had meetings with officials from the Ministry of Justice to discuss this matter but no agreement was reached. A request for a meeting with the Head of State was also not granted and in pursuance of the EGM resolution, litigation was commenced in the High Court at Lusaka and the matter was pending adjudication.



    1. LAZ 40th Anniversary Celebrations

The year 2013 marked the 40th Anniversary of the creation of the Law Association of Zambia and the LAZ Council held various activities and celebrations over a period of one month to commemorate the attainment of this milestone by the Association under the theme "Justice for All, 40 years and beyond". The Celebrations began with a formal launch in form of a gala dinner in Lusaka on Friday, 30th August 2013 and on Saturday 31st August 2013 on the Copperbelt. At the launch the new LAZ logo and slogan were also revealed. The following were the members of the Committee:

Lusaka Team

  1. Ms. Linda Kasonde (Chair)

  2. Mr. James Banda

  3. Mr. George Chisanga

  4. Mr. Mulambo Haimbe

  5. Mrs. Mwenzi Mulenga

  6. Mr. William Mweemba (now Judge)

  7. Ms. Bubile Lungu

  8. Mr. Augustine Hamwela

  9. Mr. Sokwani Chilembo

  10. Mr. Likando Kalaluka

  11. Ms. Melody Mayaka

  12. Mrs. Sashi Kateka

  13. Ms. Soriah Kaingu

  14. Mr. Jonas Zimba

  15. Mr. Landilani Banda

  16. Ms. Sara Larios

  17. Mr. Abyudi Shonga Jnr ,SC

  18. Mrs. Catherine Lombe Phiri


Copperbelt Team

  1. Mr. Freddie Chalenga (Chair)

  2. Mr. Elijah C. Banda SC

  3. Mr. Wilson Banda

  4. Mr. Samuel A.G. Twumasi

  5. Mr. Chugani Mohan

  6. Mr. Fanwell F. Chibwe

  7. Mr. Tundo Chibeleka

  8. Mr. Katongo Ian Waluzimba

  9. Ms. Grace Kumwenda

  10. Ms. Sandi Namwinga

  11. Mr. Terrence Mwape Chabu

  12. Ms. Sekelebaka M. Kundachola

  13. Mr. Clement Tafeni (now in Lusaka)

  14. Ms. Patuma Nyangu

  15. Mr. Noel J. Simwanza

  16. Mr. Gideon Kalandanya

  17. Mr. Timothy Mtonga




    1. Social Justice week

The social justice meant to raise awareness on Gender Based Violence (GBV) with a specific emphasis on getting men involved in the fight. LAZ was aware that although the government had enacted the Anti-Gender Based Violence Act No. 1 of 2011, the enforcement mechanisms of laws against sexual and domestic violence against women were weak. He stated that the Association aimed at raising awareness of the existence of the Act and took a leading role in mainstreaming the fight against GBV by involving men as stakeholders. During that week LAZ engaged in the following activities:

  1. an anti-GBV Breakfast with the First Lady Dr. Christine Kaseba-Sata as our Guest of Honour; and

  2. Prison visits to Kamwala Remand and Lusaka Central Prisons aimed at assessing the prisoners’ access to justice.




    1. Legal Aid week

The legal aid week involved sensitising the public, particularly those who could not afford to hire lawyers, on institutions from where they could access justice at affordable fees, such as the Small Claims Court, the Lands Tribunal, the Human Rights Commission and the Competition and Consumer Protection Commission. In addition, the LAZ President reported that lawyers from the Association gave free legal advice to members of the public in selected communities across Lusaka and the Copperbelt.


    1. Constitutionalism and Rule of Law week

LAZ had always emphasised the importance of the constitution making process and the need to enact a Constitution that would not only stand the test of time, but one that would meet the aspirations of the Zambians. It was reported that the constitutionalism and Rule of Law week was aimed at sensitizing the public on the importance of constitutionalism and the rule of law by engaging various stakeholders in open discussions. In this regard, a televised debate on the issue on ZNBC TV was organised. In addition a moot court between local universities on issues surrounding this theme was conducted.

4.7 Week of introspection

LAZ engaged members of the profession to discuss and reflect where the Association had come from and where it was headed to. At the start of the celebrations suggestion boxes were placed at the Association and at the various High Court buildings around the country inviting lawyers and the public to give feedback about their perception of the Association.




    1. Sports day

The Sports Committee organized a sports day and invited the Malawia Law Society (MLS) football team to play against the LAZ football team. LAZ beat the MLS 5-2 and a return leg in Malawi was organized at which LAZ beat the MLS by the same margin. There were also other games played against other teams such as a basketball.

    1. Constitution-making process

It was reported that following the announcement, in December 2013, by the Technical Committee drafting the new constitution that they have completed their work the Association was awaiting the release of the final draft constitution to the public by the Government. LAZ had been working closely with the Oasis Forum and the Grand Coalition to advocate for the release of the final draft constitution and the enactment of the new people-driven constitution through a national referendum. The Patriotic Front Government had made conflicting statements on whether it would deliver a people-driven constitution and the Council would continue to pursue its goal to attain a people-driven constitution.

  1. Finalisation of Strategic Plan 2013-2018

The AGM was informed that an ad hoc Committee sat to finalise the LAZ Strategic Plan 2013-2018. The committee members were:

  1. Ms. Linda Kasonde (Chair)

  2. Mr. George Chisanga

  3. Ms. Bubile Lungu

  4. Mr. Michael Liweleya

  5. Mr. Paul Mulenga

  6. Mr. Arnold Shilimi

  7. Mrs. Mwenzi Mulenga

  8. Mr. Kafula Mwiche

  9. Ms. Natasha Chiumya

  10. Mr. Joseph Chibuye

The Committee looked at the following areas:

  • The welfare of the membership

  • The governance of the Association

  • The role of LAZ as promoters and protectors of the rule of law

  • Improving the standards in the profession

  • LAZ’s institutional capacity

  • The Financial stability of the Association

Following from the finalization of the Strategic Plan, an activity plan for the year 2013 was drawn up and executed while the 2014 activity plan for 2013-2014 was presented to the AGM.



5.1 TRAININGS, SEMINARS AND FORUMS

In the period under review the following trainings, seminars and fora were held:


17th August 2013: Launch of the AFRIMAP’s Rule of Law Report at Pamodzi Hotel

23 - 25 Sept 2013: Advanced Commercial Law Training. The Law Association of

Zambia in conjunction with the International Senior Lawyers Project (ISLP) of the USA conducted a training programme in Advanced Commercial Law at Grand Palace Hotel in Lusaka covering the following topics:



  1. Role of Business Lawyers in Commercial Transactions;

  2. Principals of Commercial Contract Structure and Drafting;

  3. Negotiating a Confidentiality Agreement and Non-Disclosure

Agreement;

  1. Negotiating a Term Sheet/Letter of Intent/Heads of Agreement/MOU;

  2. Joint Ventures: Structure and Essential Terms of a Joint Venture Agreement (Case Study of Copper Mining Joint Venture); and

  3. Negotiation Workshop.

It was hoped similar training activities would be conducted on the Copperbelt in 2014.
5.2 PRESS STATEMENTS

The Association through Council made comments on various issues that affected the nation bordering on legal matters. Some of the notable ones included:





  1. LAZ Council: Judicial review proceedings commenced by the Honourable Justices Kajimanga and Nigel Mutuna challenging the Constitutionality of the Tribunal set up by the Republican President – 21/05/2013,

Commenting on whether Justices Charles Kajimanga and Nigel Mutuna are well within their rights and are entitled to challenge the constitutionality of the Tribunal


  1. LAZ Council: Refusal by the Government to allow Former President Rupiah Banda to travel abroad– 06/06/2013

Commenting on actions of the Immigration Department to deny former Republican President Rupiah Banda to travel to South Africa despite a court ruling allowing the former President to travel.


  1. LAZ Council: Violence and Intolerance during Bye Elections – 24/06/2013

  • Commenting on the rise in violence associated with bye elections and the increase in violence attributed to Patriotic Front Cadres against dissenting Opposition Political Parties and Civil Society Organisations



  1. LAZ Council: Increasing Vigilantism – 11/07/2013

  • Commenting on the increase in incidences of Mob justice as evidenced by the brutal killing of an Elderly Couple in Ndola on suspicion of witchcraft.




  1. LAZ Council: State of Rule of Law

Commenting on the state of the Rule of Law in the country, also commenting on the failure by the government to adhere to Court Orders and Judgments, and disapproving the constant personal attacks on the Acting Chief Justice by Opposition Political Parties.


  1. LAZ Council: Release of the final draft constitution

Following the announcement by the Technical Committee drafting the constitution that it had completed its work and handed over the final draft constitution to the Government, the Association issued a statement demanding the immediate release of the final draft constitution by the Government.


  1. LAZ Council: Statement on the conviction of Honourable Stephen Masumba on 22nd November 2013

Following the conviction of Deputy Minister and Member of Parliament Mr. Stephen Masumba, the Association issued a statement commending the President for relieving him of his ministerial post and calling for his resignation as a member of parliament so that his constituents are not left without representation in parliament for the duration of his court case.


  1. LAZ Council: Press statement on the conviction of Honourable Moses Muteteka on 30th January 2014

In line with the Association’s statement on the conviction of Honourable Stephen Masumba, LAZ called for the resignation of MMD Member of Parliament Mr. Moses Muteteka following his conviction.


  1. LAZ Council: Press statement on the Voluntary Separatees Association of Zambia, Nellie Mutti, Rabson Malipenga and Henry Chanda

LAZ issued a statement assuring the public that this matter would be looked into by the Legal Practitioners’ Committee.
5.3 DISCIPLINARY ACTIONS (LEGAL PRACTITIONERS AND PROFESSIONAL CONDUCT)

A number of Practitioners appeared before the Legal Practitioners Committee and the Disciplinary Committee with complaints varying from professional negligence to misappropriation of client’s funds. It was explained that some of the complaints were disposed-off by the Committees while others were pending final determination. Below was a list of suspended practitioners whose matters were either before the Legal Practitioners Committee or the Disciplinary Committee:


CASES BEFORE THE LAZ DISCIPLINARY COMMITTEE

  1. Victor Kachaka

  2. Bevin Chansa Willombe

  3. Clement Hichuumba Michelo

  4. Bilingtone Mosha

  5. Dr. Josias Soko

  6. Austin Muhyila

  7. Mary Kayuma

  8. Tembo Samuel Jeremiah Bezaliel

  9. Charles Mulenga

  10. Samuel Mwape Sabi

  11. Andrew Kearns

  12. Mutale Mwambo

  13. Barnabas Bwalya

  14. Kelvin Bwalya

Suspended practitioners with matters that were yet to be submitted to LAZ Disciplinary Committee: -



  1. Henry Chanda

Matters where rulings had been made and application to strike off the roll the named advocates were pending before the High Court: -




  1. Hubert Mulenga Chintu

  2. Charles Hambote

  3. Christopher Sampa

  4. Ian Zulu

Matters before the LAZ Disciplinary Committee and rulings have been delivered: -




  1. Mary Kayuma

Matters withdrawn by the Committee in the interest of justice but still before the LAZ Disciplinary Committee pending formalisation of the withdrawals.




  1. Germano Kaulung’ombe

  2. Dr. Josias Soko




    1. LAW SUITS BY AND AGAINST LAZ

It was reported that during the year under review, the following matters were commenced in the High Court:

5.4.1 Laws suits by LAZ

(i) Public Order Act

Following unabated breaches of the Constitutional right to assemble and associate it was resolved the Council that certain provisions of the Public Order Act needed to be challenged as they were inconsistent with the Constitution. The associations’s Legal team led by Mr Vincent Malambo, S.C. and Mr. Eric Silwamba S.C. filed a Petition at the Lusaka High Court. The case was dismissed by Judge Evans Hamaundu and an appeal was lodged in the Supreme Court and was pending hearing.



  1. LAZ v Acting Chief Justice Phylis Lombe Chibesakunda and the Attorney-General

Following the resolution of the AGM of 4th May 2013 that the Acting Chief Justice Lombe Chibesakunda was not qualified to hold the position of substantive Chief Justice and following the resolution of the EGM of 24th August 2013 that LAZ should commence a legal action challenging the incumbency of the Acting Chief Justice a Writ of Summons was filed at the High Court at Lusaka. The case had been plagued by preliminary and interlocutory applications and the main matter was yet to be heard and determined.
5.4.2 Law suits against the Association
During the period under review, the Association continued to defend itself against suits by

  • Mr. Henry Chanda

  • Mr. John P. Sangwa

  • Mr Kelvin Hang’andu

  • Mr. Kelvin Bwalya

It was further reported that:



  • Mr Kelvin Hang’andu had appealed against the High Court Ruling in which Judgment was delivered in favour of LAZ in a matter Mr Hang’andu had petitioned LAZ over the holding of the AGM on Saturdays

  • An attempt by Mr. J.F.L Matenda to be restored to the roll of Practitioners also failed

  • The suit commenced by Messrs Permanent and Chilupe was resolved by Consent Order, and the law firm agreed to comply with the Order of the LPC.




    1. DEVELOPMENT OF THE ASSOCIATION


(i) Development of LAZ House

The AGM heard that plans to build a new Secretariat were underway. The Council had received bids from various developers and had selected a design for the new LAZ house. Discussions with finance houses had also begun. It was hoped that construction would commence within 2014.



(ii) Re-designing the LAZ Website

It was reported that the re-designing of the Association’s website had began after submissions and designs were considered from a number of website developers. The new website was expected to be fully operational by the end of May, 2014.


5.6 APPOINTMENTS/SUBMISSIONS AND APPEARANCES BEFORE PARLIAMENTARY COMMITTEES

  1. Submissions on Appointments/Legislations

Between May 2013 and April 2014, the Association made submissions and appearances before several Parliamentary Committees. Recommendations to appointing authorities for various positions were also made. Some of the Submissions/Appointments the Association made were as follows:

  • Security vetting on candidates selected for appointment as High Court Judges;

  • Scrutinize names of candidates for conferment to the rank and dignity of State Counsel: Mr. John Sangwa SC, Mr. Robert Simeza SC and Mr. Nchima Nchito, SC;

  • Committee on National Security and Foreign Affairs – regarding the integration of Angolan refugees which was attended by the Human Rights Committee;

  • Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs – regarding the harassment and violence of women and girls. This was attended by representatives from the National Legal Aid Clinic for Women on behalf of LAZ;

  • Appearance before parliament regarding the proposed Service Commissions Bill – this was attended by the Vice-President;

  • Appearance before parliament regarding the Business Regulatory Bill – this was attended to by the Law Reform Committee;

  • Appearance before the National Assembly Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs on the proposed Legal Practitioner’s Amendment Bill – attended by the Honorary Secretary; and

  • Appearance before the National Assembly Select Committee regarding the proposed appointment of Judge Evans Hamaundu and Judge Albert Wood to the Supreme Court – attended by the Vice-President, Honorary Secretary and Honorary Treasurer.




  1. Appointment of Members to Boards and Committees

The following practitioners were nominated and appointed to serve to sit on various boards and committees:
Mrs Mwenzi Mulenga - NWASCO Audit and Risk Committee

Mr Sibanze Simuchoba - NAPSA Audit,Risk and Compliance Committee

Mrs Namwandi H Ndhlovu - ECZ Pension Trust Fund Board of Trustees

Mr. Likando Kalaluka - Duke of Edinburgh Award Board

Mr. Freddie Chalenga - Muchinga Province Audit Committee

Mr. Sydney Chisenga - Judiciary Audit Committee

Col. Paul Pandala Banda - Public Service Commission

Mrs. Sashi Kateka - Pension and Insurance Authority Audit Committee

Mrs. Tafuna Mumba - Zambia Law Development Agency

Mr. George Chisanga - Legal and Judicial Reforms Commission


5.7 INTERNATIONAL & LOCAL CONFERENCES & TRAININGS

As regards conferences and trainings, it was reported that the following conferences and seminars took place during the year under review:



  1. SADC Lawyers Association – Lilongwe, Malawi

The SADC Lawyers Association Annual General Meeting and Conference was held in Malawi from 2nd – 3rd August 2013 and the Association was well represented by a good number of our members.


  1. The Annual IBA Africa Regional Forum – Kampala, Uganda

The Annual International Bar Association (I.B.A) Africa Regional Forum was held from 8th – 10th August 2012 in Kampala, Kampala, Uganda. LAZ was represented by the Honorary Treasurer and other senior members of the Association.


  1. The IBA Annual Conference – Boston, Massachusetts

The International Bar Association Annual Conference was held from 6th – 11th October 2013 in Boston, USA. LAZ was represented by the President and other senior members of the Association.


  1. Launch of Forum for Female Chiefs as Advocates for Peace and Stability, 3rd to 9th February, 2014, Lusaka.

The Association was invited to attend the launch of a one year programme for peace and stability by female traditional leaders as advocates for peace and stability. The Association was requested to present a paper on ‘The legal Framework for Preserving Peace and Stability by Traditional Leaders in Zambia’. The paper presented by the Association discussed causes of conflict, the notion of peace and the Zambian legal framework for ensuring peace and stability, its applicability by traditional leaders and their role.

The forum among other things requested LAZ to take and show leadership in issues of law reform vis-à-vis national development programmes and agendas.




  1. US Embassy Digital Video Conference Workshop Sessions on Rule of Law –Lusaka 12 & 26th February, 2014

The Association was represented at two digital video conference workshops held at the US Embassy in Lusaka in February, 2014. The session that was on the rule of law focused on court and case management and mediation and on court technology and law clerks.




  1. Commonwealth Lawyers Association Annual Conference – Cape Town, South Africa

The Commonwealth Lawyers Association Annual Conference was held from 14th -18th April 2013 in Cape Town, South Africa. LAZ was represented by the President, Vice President and Mr George Chisanga.
5.8 CALL DAY

The Association welcomed a total of 74 new advocates who were admitted to the Bar during the year under review.


5.9 CONCLUSION

In conclusion, the LAZ President, on behalf of Council, thanked all the members of the Association for the support rendered during the previous year. He stated that the positive feedback and objective criticism given to Council enabled it to work more diligently. He paid special tribute to the out-going Council and especially those that were retiring from the Council.


MINUTE No. 09/ 04/14- DISCUSSION OF THE PRESIDENT’S REPORT

  1. Electoral Rules

Following complaints from some sectors of the Association that some candidates who had filed their nominations for various positions on the LAZ Council had been unduly disqualified, the LAZ President reminded the AGM that the LAZ Electoral Rules were amended and the amendments adopted by the 2010 AGM after considerable debate. According to the amended Rules, the minimum qualifications for a member to be elected to serve on the Council were as follows:

  1. Executive Committee members, i.e. President, Vice President, Honorary

Secretary and Honorary Treasurer – ten (10) years good standing at the bar and be an active member of the Association; and

  1. other Council members – five (5) years good standing at the bar and be an active member of the Association.

As regards calls for the review of these Rules to allow members with less experience at the bar to be eligible for election to the LAZ Council, the President recalled that during the debate on the issue, the AGM agreed that members of Council needed to have a certain minimum level of experience in order to carry out the Association’s assignments effectively, hence the resolution.

2.0 Comittement of Council members to the business of the Association

Dr Overs M. M. Banda raised a concern as regards the fact that some Council members attended fewer than half of the meetings of the Council during the period under review. The LAZ President explained that the cases of non-attendance of meetings were attributed, in one case, to indisposition and, in another, to being away on LAZ assignments on a number of occasions when Council was meeting. In yet another case, the Council member was Copperbelt based and it was not convenient for him to attend meetings at all times, so the member would send his contributions by email.


3.0 LAZ 40th Anniversary Celebrations


  1. Legal Aid Week – There was a call for the Association to enhance the provision of legal aid, especially to juveniles who came into conflict with the law. In response, the LAZ President stated that all members were free to offer pro bono services and the Association would support such initiatives. As regards an assertion that Copperbelt lawyers raised a sum of K10, 000 to conduct some activities in relation to Legal Aid Week at Kamfinsa Prison, the President stated that this matter would be followed up by the incoming Council. He added that it was envisaged that Legal Aid Week could be made an annual event to promote access to various services by members of the public.




  1. Constitutionalism and Rule of Law Week – The President paid gratitude to all those who took part in the preparations and activities relating to Constitutionalism and Rule of Law Week. He added that the trial advocacy (moot court) organised by the Association during that week was a great success and it was envisaged that this activity could be turned into an annual event.

  2. Sports Day - A concern was raised that members’ participation in sporting activities was very low. The LAZ President encouraged all members to actively participate in as many sporting activities organised by the Association.


4.0 Constitution Making Process

Asked to clarify the position of the Association with regard to the constitution making process, the LAZ President reiterated the position of the Association that a legal framework was necessary to guide this process and ensure that consensus was achieved among all stakeholders. On the contrary, the Government held the view that all stakeholders should trust the Government to deliver a constitution and that there was no need for a legal framework. In light of this, the Association would continue to engage the Government and other stakeholders in an effort to find a way forward in the process.




  1. Training, Seminars and Forums

A concern was raised with regard to the fact that training, workshops, seminars organised by the Association were restricted to Lusaka. There was a call that the opportunity to participate in training be extended to members based in the Northern Region by organising similar activties on the Copperbelt. The President indicated that the concern was duly noted, but in turn pointed out that Copperbelt members were quite apathetic and their attendance at most activities organised by the Association was very poor. Nevertheless, he assured the AGM that the Association would continue to schedule activities on the Copperbelt. He further called upon Copperbelt-based members to support their Association by actively participating in its activities.

6.0 Law Suits By and Against LAZ

Asked why the Association could resolve issue with Members amicus ex-curia, the LAZ President explained that an attempt by the Association to settle law suits involving some Legal Practitioners had failed as the Advocates involved had opted to proceed with litigation. These matters were being handled by the Litigation Committee.


7.0 International and Local Conferences and Training

a) SADC Lawyers Association (SADCLA) – Lilongwe, Malawi- The President, SADC Lawyers Association, The President of SADLA, Mrs Kondwa Sakala-Chibiya thanked all the lawyers who attended the conference as participants and speakers. She noted that Zambia was very well represented at the conference. She reminded all members that the SADCLA was open for individual membership and this would provide opportunities to the individual members to participate in the activities of SADCLA as researchers, contributors, consultants, speakers, etc. She indicated that the next conference would be held from 21st to 23rd August, 2014 in Victoria Falls Town, Zimbabwe and called on all members to make an effort to attend.

b) Commonwealth Lawyers Association Annual Conference, Cape Town, South Africa – It was clarified by Mrs Simachela that not only the President, and Vice president, Mr George Chisanga but also twenty two other members of LAZ represented the Association at this conference.

8.0 Call Day

A concern was raised that newly admitted advocates’ contributions to the Association were being ignored. After deliberations hereon, and on a proposal by Mr Stephen Lungu and secondment by Mr William Nyirenda, SC, it was resolved that a committee for ‘young’ lawyers be created to which all newly admitted advocates would be free to be members. In this regard, incoming Council was tasked to work out a mechanism for its establishment.

On a proposal by Mr Kayuni and seconded Mr. Abyudi Shonga, Jnr,SC the AGM resolved that in future, a list of names of all new advocates should be circulated and the AGM should formally welcome these members to the Bar by asking them to stand before the AGM.

On a proposal by Dr Overs Banda and seconded by Mr. A. A Ticklay, the President’s Report was adopted by the AGM.


MINUTE NO. 10/04/14 – CONSIDERATION OF THE HON TREASURER’S REPORT AND BUDGET FOR 2013
In presenting his report, the Hon. Treasurer started by highlighting the environment in the global economy and Zambia’s economic performance during the year under review. He reported that during the year under review, the Association’s investment fund stood at K5.0 million compared to K4.0 million in the Year 2012. The Hon. Treasurer further reported that interest earned on the investment funds stood at K329 thousand compared to K97 thousand in the previous year.

  1. Internal Controls

The Hon. Treasurer informed the AGM that Association continued with its prudent financial systems and controls to enhance accounting. He stated that the Council engaged an external consultant who assisted to resolve matters that arose from the 2012 audit and generally improve the accounting systems at the Secretariat. In this regard, he reported that the Council appointed a three-member audit committee comprising Mr Chintu Mulendema, Mr. Andrew Musukwa and Mrs. Janet Makungu Kabwe who put in their best to ensure the overall control environment was enhanced.


  1. Budget Highlights for 2013

The Hon. Treasurer highlighted the general financial position of the Association during the year under review. He reported that the total revenue of the Association in 2013 stood at K4.7million as compared to K3.9million in 2012 while expenditure was K4.1million compared to K3.2million in 2012. Thus, the Association had an increase of 16% in expenditure. With regard to the financial position, the Hon Treasurer reported that as at 31st December, 2013, total assets of the Association stood at K9.2million compared to K8.0million in 2013, an increase of 9%.
In conclusion, the Hon Treasurer reported that the association had continued to achieve a surplus consistently in the past three years. He attributed this to the increase in income, adherence to cost control systems and prudent management of resources.
MINUTE NO. 11/04/14- COMPENSATION FUND

The Hon Treasurer reported that the Compensation Fund had continued to grow and stood at K1.7 million as of December, 2013.


MINUTE NO. 12/04/14- BUDGET FOR 2014-2015

The Hon. Treasurer proposed the Budget for the 2014-2015 financial year aggregating K5.0million compared to K4.7million in 2013. He explained that the projected revenue in 2015 was K5.5million compared to K5.0million in 2014. With regard to expenditure, the Hon. Treasurer proposed to the AGM to spend, in 2015, a total of K4.1million as compared to K3.9million in 2014. He proposed further that in order to achieve the budget, subscription fees be increased by 10% across the board.


In conclusion, the Hon. Treasurer proposed that the association needed to increase its revenue base by encouraging more members and recruit associate members. He stated that the secretariat should devise strategies to generate additional funds from non traditional sources. He further proposed that as a way forward, there was need to amend the necessary legislation so as to provide for the conversion of the Compensation Fund to a Statutory Fund as the case was in other Commonwealth jurisdictions.
MINUTE NO. 13/04/14- DISCUSSION OF THE TREASURER’S REPORT

The Treasurer explained that the outstanding issue which had resulted in the Auditors issuing a qualified opinion on the previous accounts had since been resolved. He further explained that staff costs were fixed, but the Association had endeavoured to keep them to a minimum. There were plans, however, to expand the Secretariat, subject to availability of funds. The Hon Treasurer added that in the quest to expand the revenue base, the Association had encouraged students, particularly those at ZIALE, to become Associate Members. In some cases, this effort had been successful and some ZIALE students had joined the Association.


The AGM raised concern that 40% of the Association’s income was spent on personal emoluments at the expense of Members’ welfare. In response, the Hon. Treasurer stated that staff costs were fixed and were reasonably within the financial standards.
On a proposal by Mr. Stephen Lungu and secondment by Dr. Overs M. M. Banda, the Hon Treasurer’s Report, the 2014 Budget and Auditors’ Report were adopted.
MINUTE NO. 14/04/14–APPOINTMENT OF AUDITORS FOR 2013/2014 FINANCIAL YEAR

On a proposal by the Hon. Treasurer and secondment Mr. Stephen Lungu, it was resolved that Messrs Grant Thornton be reappointed Auditors for the 2014-2015 financial year.


MINUTE NO.15/04/14– DATE OF NEXT LAZ AGM

On a proposal by the President and secondment by Mr. R Hatoongo, it was resolved that the next AGM be held at Zambezi Sun International, Livingstone on Saturday, 25th April 2015.


There being no further business to transact, the AGM was declared closed at 11:45 hours and the Council was dissolved to pave way for the elections. Announcement of election results was postponed to the evening of the same day at the Dinner Gala.
NEW COUNCIL MEMBERS

The Council elections were conducted in accordance with the Law Association of Zambia Electoral Rules. The announcement of the results of the elections was done by Mrs. Mwansa M. Mutimushi who declared that single nominations were received for the positions of President, Vice-President and Hon. Treasurer and that a poll was conducted for the positions of Hon. Secretary and Council respectively. The following members were duly elected to serve on the Executive and Council of the Law Association of Zambia for the year 2014/2015:



The Executive:

  1. Mr. Kangwa George Chisanga - President;

  2. Ms. Linda Chishimba Kasonde - Vice-President;

  3. Mr. Likando Kalaluka - Hon. Secretary;

  4. Mr. Clement F. Tafeni - Hon. Treasurer;


Council Members:

  1. Mr. Eddie K. Mwitwa;

  2. Mr. Kafula Mwiche;

  3. Mr. Munakopa Sikaulu;

  4. Ms. Sashi Nchito-Kateka;

  5. Mr. Landilani Banda;

  6. Mr. Mutakela Lisimba;

  7. Mr. Sugzo Dzekedzeke;

  8. Mr. Prosper Muyatwa;

  9. Mr. Mando Mwitumwa;

  10. Mr. Andrew Mwenya Mukupa;

  11. Mr. Enias Chulu; and

  12. Mrs. Pixie Linda Mwila Kasonde Yangailo.

Dated the day of 2014


_______________________ _________________________



James Banda Linda C. Kasonde

PRESIDENT HON. SECRETARY

President’s Report


May 2014 – April, 2015


The General Affairs of the Association presented to the Annual General Meeting of the Association held at the Zambezi Sun Hotel in Livingstone on Saturday, 25th April, 2015

Executive Summary


The calendar year for the Law Association of Zambia starts in April when the new office bearers are voted into office. The new Council was ushered into office on 25th April, 2014 for a period of two years following elections held at the Annual General Meeting at the Zambezi Sun International Hotel in Livingstone.

In April, 2015 President Edgar Lungu appointed the Association’s Honorary Secretary Mr Likando Kalaluka, SC to the position of Attorney General. The Council subsequently elected Mrs Sashi Kateka to the position of Honorary Secretary for the remainder of the term of this Council.

During the period April 2014 to April, 2015, the Council of the Law Association of Zambia has endeavoured to serve the Association’s best interests. This report covers the actions and decisions made by the Council on behalf of the Association for the period of April, 2014 to April, 2015. These decisions and actions are in respect of activities handled through the various Committees, recommendations for various appointments, press releases, law reform, disciplinary actions and development of the Association.

Overview of the Law Association of Zambia Objectives


The objectives of the Association are enshrined in Section 4 of the Law Association of Zambia Act. During the period under review the Council worked towards attaining these objectives through the work and activities of the various Committees.

The Committees’ work and activities were also guided by the objectives set out in the Association’s new 5 year Strategic Plan developed for the period 2013 to 2018. These activities were intended to both enhance the profession and to ensure that the Rule of Law is upheld in the country.


Attendance and Participation of Council Members




  1. In the twelve meetings which were held at the Secretariat, seven out of these were scheduled while the remaining five were joint or special Council and State Counsel meetings which were also called to give guidance on specific matters.

Officers and Council Members

Meetings attended Scheduled 7

Special / Joint 5

PRESIDENT

Mr. George K. M Chisanga



6


2

VICE PRESIDENT

Ms. Linda C. Kasonde



5

3

SECRETARY

Mr. Likando Kalaluka



6

3

TREASURER

Mr. Clement F. Tafeni



6

3

Mr. Eddie K. Mwitwa

7

3

Mr. Kafula Mwiche

4

3

Mrs. Munakopa Lloyd Sikaulu

4

0

Mrs. Sashi B. Nchito- Kateka

6

5

Mr. Landilani Banda

3

0

Mr. Mutakela Lishimbi

3

1

Mr. Sugzo M. Dzekedzeke

3

1

Mr. Prosper Muyatwa

3

0

Mr. Mando Mwitumwa

4

3

Mr. Andrew M. Mukupa

4

3

Mr. Enias Chulu

6

1

Mrs. Pixie L.M. Kasondo- Yangailo

7

3


Members Admitted during the year


During the period under review, the Association admitted the following new members:

4TH DECEMBER, 2014

NO. NAME


  1. Chambanenge Susan

  2. Kanyimbo Nkwachi

  3. Kawana Mukubi John

  4. Libati Daniel Sinjwala

  5. Morelli Italo Joshua

  6. Munyinya Sylvia

  7. Msoni Robin

  8. Nakazwe Mwaka

  9. Nalomba Maloba

  10. Nyimbiri Sangwani

  11. Nyirenda Sudzika Sarah

  12. Simeza Patricia Mwisha

  13. Ndulo Kaumbi Mutinta

Deaths


The Association lost the following members during the period April, 2014 to April, 2015:

  1. Mrs. Harriet M. Tenthani Sikasote

  2. Mrs. Matrine Miyoba Chuulu

Activities of the Association during the period May 2014 to April, 2015


During the period under review the Association undertook and participated in a number of activities. The following are the major activities undertaken by the Association from May, 2014 to April, 2015.

Reconstitution of Committees and Appointment of Convenors


The Association’s Committees were reconstituted and each Committee elected its own Convenor and Secretary. All Council members were assigned to specific committees in order to ensure a link between the Committees and the Council.

A few Committees were very active during the year, however a number of Committees were very inactive and even failed to meet as evidenced by their failure to produce reports at this time of the Annual General Meeting.


Legal Aid Week


The Association held a legal Aid week in collaboration with various civil society organisations and statutory bodies November, 2014. The week comprised the holding of two community law clinics at Bread of Life Church and at Miracle Life Church respectively, TV and radio discussion programmes and community law clinics and prison visitations at Lusaka Central Prison and Mukobeko Maximum prison, Kabwe.

Launch of LAZ Strategic Plan


The Association launched its inaugural Strategic Plan in July, 2014.at Pamodzi Hotel, in Lusaka. The launch was graced by the Acting Chief Justice, the Attorney General, members of the Association, civil society organisation representatives and cooperating partners. The Strategic Plan will give direction to the Association for the next five years and also sets benchmarks against which the achievements of the Association can be measured.

NGO ACT


LAZ successfully facilitated the decision by Government to suspend the registration of NGOs under this Act pending the review of the Act by both the Government and the NGOs. LAZ is very hopeful that the review process will achieve a result satisfactory to all stakeholders.

Monitoring of 2015 Presidential By-Elections


The Association participated in the monitoring of the 2015 Presidential By-elections held following the death of President Micheal Chilufya Sata. The Association monitored the elections in Lusaka and the surrounding areas and in various townS on the Copperbelt. About 60 members of the Association participated in this exercise.

At the end of the monitoring exercise, the Association issued a statement in which it declared that the elections were free and fair.


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