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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 clients’ funds. Some of the complaints were disposed of by the Committee while others are pending final determination. Below is a list of suspended practitioners whose matters are either before the Legal Practitioners Committee or the Disciplinary Committee:

LAZ Disciplinary Committee Cases


The following are matters that have been referred to the LAZ Disciplinary Committee and are still pending hearing and the Practitioners involved are on suspension:

Mr. Victor Kachaka

Mr. Bevin Chansa Willombe

Mr. Clement Hichuumba Michelo

Dr. Josias Soko

Mr. Austin Muhyila

Ms. Mary Kayuma

Mr. Tembo Samuel Jeremiah Bezaliel

Mr. Charles Mulenga

Mr. Samuel Mwape Sabi

Mr. Andrew Kearns

Mr. Mutale Mwambo

Mr. Barnabas Bwalya

Mr. Kelvin Bwalya

Suspended practitioners with matters that are yet to be submitted to the LAZ Disciplinary Committee:

Mr. Henry Chanda

Mr. Lucane Moono x 2 matters

Mr. Sibanze Simuchoba

The following are matters where rulings have been made and application to struck off the roll the named advocates have been made and are pending before the High Court:

Mr. Hubert Mulenga Chintu

Mr. Charles Hambote

Mr. Christopher Sampa

Mr. Ian Zulu

The following matters were before the Disciplinary Committee and rulings have been delivered:

Mr. Bilingtone Mosha – Mr. Mosha’s suspension was lifted and his practicing certificate was reinstated.

Mr. Mary Kayuma- Ms. Kayuma’s practicing certificate was also restored but she is currently on suspension with regard to another issue.


Law Suits By and Against LAZ


Law Suits by LAZ

In the period under review, the Association instituted the following actions:



  1. The Law Association of Zambia vs The Attorney General and Phillis Lombe Chibesakunda 2013.

It must be noted that with the removal of the Acting Chief Justice Madam Lombe Chibesakunda, the Council instructed Messrs Shammwana and Company who have conduct of the matter to proceed with the action as a matter of principle.

Law Suits against the Association

The following law suits were instituted against the Association during the period under review:


  1. Kelvin Bwalya v Law Association of Zambia (2013/HP/0838) [2014] ZMSC 24 (25 April 2014);

Mr. Bwalya commenced Judicial Review proceedings against LAZ following his suspension and referral of his case to the Disciplinary Committee. The High Court dismissed his application for leave for Judicial Review and he appealed to the Supreme Court.

  1. Kelvin Hang'andu v Law Association of Zambia (Appeal No. 109/2013) [2014]

Mr. Hang’andu commenced the action against LAZ challenging the holding of the LAZ Annual General Meetings on Saturdays. He lost on the High Court and appealed to the Supreme Court. He lost the appeal as well.

  1. Robson Malipenga vs. The Law Association of Zambia

Mr. Malipenga commenced an action against LAZ challenging the decision of the Legal Practitioners’ Committee (LPC) to have his clients’ account audited following a complaint by clients he represented in a class action. The matter is still pending in court.

Development of the Association


Development of LAZ House

Construction of the LAZ house has not begun due to lack of financing of the project.

The selected design of the new LAZ house was estimated to cost US$4 million

Such an amount cannot be sourced from the resources of the Association. Several banks were however approached with the view of securing financing for the project but, owing to the narrow finance base, the banks could not extend a loan to LAZ even to a quarter of the estimated project amount.

Therefore, council is considering:


  • Carrying out the construction in phases

  • Finding alternative sources of funding such as making a request for a grant from the Government of the Republic of Zambia.

  • Asking this AGM to levy each member a building fee

Re-designing of the LAZ Website

During the period under review the Association’s website was redesigned. The new website contains among others the Association’s regulatory documents, general news and information on the Association and its activities, links to like institutions and statements issues by the Association. A test site has been running and is currently still under construction and yet to be launched.


Appointments/Submissions and Appearances before Parliamentary Committees


Submissions on Appointments/Legislation

The Association made the following submissions on behalf of the Association during the period under review:



  1. LAZ presented its report to the select committee of parliament endorsing the appointments of Judge Rhoyda Kaoma and Mr. Mumba Malila, SC as Supreme Court judges.

  2. LAZ presented its report on the appointment of several candidates for the position of High Court Judge and Judges of the Industrial Relations Court including Judge Mwila Kombe, Judge William Mweemba, Judge Muuka Lishomwa, Judge Martin Musaluke.

  3. LAZ presented its report to Parliament endorsing the appointment of Mr. Musa Mwenye as Attorney-General of the Republic of Zambia.

  4. LAZ presented its report to the Select Committee of Parliament endorsing the appointment of the Chief Justice Irene Mambilima.

  5. LAZ presented its report to the Select Committee of Parliament on the appointment of the Attorney-General Mr. Likando Kalaluka.

  6. LAZ presented its report to Parliament on the Property Transfer Tax (Amendment) Bill (NAB 6/2014); the Zambia Revenue Authority (Amendment) Bill (NAB 7/2014); and the Local Government (Amendment) Bill (NAB 9/2014);

  7. LAZ presented its report to the Parliament on the Anti-Terrorism (Amendment) Bill (NAB NO. 2/2015).

Nomination of Members to Boards and Committees

During the period under review the Association made the following appointments:



  1. Mrs Kasumpa Kabalata - Engineering Institute of Zambia Audit Risk

Committee

  1. Mr Jonas Zimba - NGOCC Elections Committee

  2. Mrs Pixie Yangailo - Local Government Service Commission

Disciplinary Committee

  1. Mr James Banda - ZIALE Council(Ministry of Justice)

  2. Mrs Tafuna M. Phiri - Zambia Law Development Commission

  3. Mr Liweleya - LuSE Demutualization Technology Committee

  4. Mrs Pixie Yangailo - Ministry of Finance, MICC Technical

Committee, Regeneration on Mulungushi Conference Centre Limited

  1. Mr Tumasi - ZIPSIP Board

  2. Mr Landilani Banda - Audit, Risk and Compliance Committee,

Zambia Weights and Measures Agency

  1. Mrs Maureen S. Tresha - Audit Committee, Zambia Institute of Advanced

Legal Education (ZIALE)

  1. Mr. Ngenda B. Lubinda - Ministry of Commerce Trade and Industry

Business Regulatory Review Committee

  1. Mr. Prosper Muyatwa - Lusaka Vocational Training Centre Management

Board

  1. Mrs. Chipo Mushota Nkhata - Lusaka Vocational Training Centre Management

Board

  1. Mr. Clement Tafeni - Audit and Risk Committee, Road Transport and

Safety Agency

  1. Mr M. L. Mukande S.C. - Judicial Service Commission – Appointment of

Members of Commission

  1. Mrs Anne Gray Kunda - Tropical Diseases Research Centre

  2. Mr. Micheal Liweleya - LuSE Demutualization Technology Committee

  3. Mr.Likando Kalaluka - Ministry of Finance – Zambia Revenue

Authority Governing Board

  1. Mrs Kateka - Revenue Appeals Tribunal

  2. Mr Chulu - Revenue Appeals Tribunal

  3. Mr. Chulu - Finance/Human Resource/Legal Committee,

Indeni Petroleum and Refinery Company

Limited


  1. Mr. Mulambo Haimbe - National Council for Construction, Audit and

Risk Committee

  1. Ms. Dras Neves - Ministry of Finance Audit Committee of the

Judiciary

  1. Mrs. Gertrude Imbwae - Anti-Money Laundering and Countering the

Financing of Terrorism National Task Force

  1. Mr. Ian Mabolobolo - Anti-Money Laundering and Countering the

Financing of Terrorism National Task Force.
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