25th April, 2015 Zambezi Sun Hotel

Important items for consideration and resolution by the AGM

• 
  Possibility of seeking a Government Grant to aid the development of the LAZ House;
  
• 
  Possibility of seeking Government Assistance to make an annual Grant to the Legal Aid Clinic for Women through with LAZ continues to provide pro bono services to vulnerable women;
  
• 
  Transformation of our Statutory Compensation Fund into a Lawyers’ Fidelity Fund to avert a possible depletion of the fund and build public confidence in the provision of legal service by members of the Association.
  

Conclusion

1. 
   MEMBERS OF THE COMMITTEE
   

Members: - Mr. John Kabuka - Ndola

- Mrs. Kondwa Sakala Chibiya - Lusaka

- Mrs. Julia Chaila - Kitwe

- Mr. Constantine Chimuka - Lusaka

- Mr. Remmy Mainza, - Lusaka

- Mr. Patrick Chuula - Lusaka

- Col. Paul Pandala Banda - Lusaka

- Mrs Kyansenga V. Chitoshi – Kitwe

2. 
   COMMITTEE MEETINGS
   

3. 
   COMPLAINT HANDLING
   

Currently, the Committee has seven eight (8) pending rulings which will be delivered at its next sitting at Lusaka.

As at date of this report, the Committee is up to date with the complaints on the Copperbelt and Midlands.

4. 
   PRESENTATION OF THE NATURE OF COMPLAINTS RECEIVED.
   

• 
  Practitioners who, by their pronouncements, diminish public confidence in the legal profession, to that includes the judiciary.
  
• 
  Conflict of interest
  
• 
  Lack of communication between the client and advocate
  
• 
  Failing to account
  
• 
  Failing to act according to instructions or failing to prosecute or acting contrary to the clients instructions and not taking written instructions from clients thereby causing misunderstandings between the Practitioner and Client
  
• 
  Complaints on unjustified bills for services rendered
  
• 
  Failing to hand back files and giving refunds after withdrawal of instructions
  
• 
  Harassment and unprofessional language when instructions are withdrawn
  
• 
  Complaints on costs awarded and out of pocket expenses
  
• 
  Alleged harassment from Practitioners where refund of monies and deposits paid are requested, when instructions are withdrawn by a client.
  
• 
  Complaints against Practitioners in respect of alleged unprofessional language used to clients and fellow Practitioners
  
• 
  Sharing of offices with unqualified persons
  
• 
  Bouncing of cheques payable to Clients and the Association
  
• 
  Advocates pursuing instructions without instruction from the Client
  
• 
  Lack of engagement terms at the beginning of the relationship between client and Advocate
  
• 
  Various complaints on Group Actions
  
• 
  The tendency by Advocates to not respond to correspondence from fellow Counsel in matters involving their Clients.
  
• 
  Complaints on failure to complete instructions in matters relating to conveyancing.
  
• 
  Lack of consent to act for both the sSeller and vendor in a sale of property
  
• 
  Complaints that Clients did not agree to Consent Orders or Judgements.
  

To try and restore confidence, the Committee has resolved decided as to do the followsing: -

1. 
   To proceed with complaints even when parties are not present in order to decongest the cause-list as some Advocates tend to avoid attending sittings in order to buy time.
   
2. 
   To proceed with matters where the Committee feels there is professional misconduct even when the Complainants have withdrawn their complaints.
   
3. 
   To embark on periodical visits to all law firms to inspect on the standard of offices.
   
4. 
   To appoint Auditors in firms where the Committee feels the need to audit the firm so as to avoid paying out from the Compensation Fund when Advocates fail to account to their Clients.
   
5. 
   To co-prosecute persons that are purporting to be Advocates so as to sound a warning to would-be offenders.
   
6. 
   To prosecute Debt Collectors as debt collecting ought to be done by Advocates (issuing of demand letters).
   
7. 
   To ensure that all Advocates submit Accountant Certificates before accepting payment for their Practising Certificates to avoid matters of failing to account.
   

5. 
   PRACTICING CERTIFICATES
   

6. 
   LAZ DISCIPLINARY COMMITTEE CASES
   

1. 
   Victor Kachaka
   
2. 
   Bevin Chansa Willombe
   
3. 
   Clement Hichuumba Michelo
   
4. 
   Dr. Josias Soko
   
5. 
   Austin Muhyila
   
6. 
   Mary Kayuma
   
7. 
   Tembo Samuel Jeremiah Bezaliel
   
8. 
   Charles Mulenga
   
9. 
   Samuel Mwape Sabi
   
10. 
    Andrew Kearns
    
11. 
    Mutale Mwambo
    
12. 
    Barnabas Bwalya
    
13. 
    Kelvin Bwalya
    

1. 
   Henry Chanda
   
2. 
   Lucane Moono (2 matters)
   
3. 
   Sibanze Simuchoba
   

1. 
   Hubert Mulenga Chintu
   
2. 
   Charles Hambote
   
3. 
   Christopher Sampa
   
4. 
   Ian Zulu
   

1. 
   Bilingtone Mosha
   
2. 
   Mary Kayuma (different complaint)
   

7. 
   ACCOUNTANTS CERTIFICATES
   

The Committee also wishes to report that there has been a casual approach towards the fulfilling of requirements on renewal of Practising Certificates and is warning all advocates that this year all advocates should renew their licences on time and ensure that they comply with the requirement and to collect their certificates from the secretariat promptly.

Under this heading it is perhaps apt to report that we have been approached by an Accountants’ body which has expressed concern that some of the accountants who issue certificates to Advocates for the purpose of obtaining PCs may not be duly registered. The Committee is liaising with this body in the hope of identifying those accountants who may not be so registered and any necessary findings shall be communicated to the membership. In the meantime the membership might want to be more circumspect in choosing who should certify their accounts.

8. 
   CONCLUSION
   

…………………………………………………

1. 
   INTRODUCTION
   

2. 
   MEMBERS OF THE COMMITTEE
   

1. 
   Mrs. Chipo Mushota Nkhata-Convenor
   
2. 
   Ms. Matilda Chileshe Kaoma-Secretary
   
3. 
   Mr.Landilani Banda-Council Member
   
4. 
   Ms. Katrina Walubita Maimbolwa-member
   

3. 
   TERMS OF REFERENCE OF THE COMMITTEE
   

1. 
   In conjunction with Human Rights Committee, to promote and protect the rights of people living with and affected by HIV and AIDS.
   
2. 
   To advise the Council on matters related to HIV and the law.
   
3. 
   To empower Committee members to better understand HIV-related matters common to Zambia and in comparison to the region.
   
4. 
   In conjunction with the CPD Committee, to encourage continuous professional development for lawyers to better appreciate the link between HIV and the law.
   
5. 
   In conjunction with the Women’s Rights and Litigation committees, to carry out public interest litigation on HIV-related matters especially as they affect groups most vulnerable to HIV.
   
6. 
   In conjunction with the Legal Aid Committee, to provide free legal advice on HIV and the law to the indigent.
   
7. 
   To widely disseminate information to members of the public on HIV and human rights.
   
8. 
   To participate in commemorating VCT Day and World AIDS Day.
   
9. 
   In conjunction with the Law Reform Committee, to give guidance for law reform to contribute to an environment that better responds to HIV in Zambia.
   
10. 
    In partnership with civil society organizations and other professional bodies, to contribute to a legal environment that better addresses HIV in the country.
    
11. 
    To influence the development of HIV workplace policies for the Law Association of Zambia and individual law firms.
    

4. 
   ACTIVITIES
   

1. 
   Recruit more members from the general membership of the association
   
2. 
   Conduct training for the members of the committee
   
3. 
   Holding of Community awareness programmes on the rights of people living with
   

4. 
   Hosting of the HIV/AIDS and Law Awareness Seminar
   
5. 
   Setting up of the Remember and Bequeath box (RAB) for the collection of good
   

6. 
   Commemoration of World Aids Day
   
7. 
   Finalise the HIV/AIDS Work place Policy
   
8. 
   Launch the HIV/AIDS Work place Policy
   

1. 
   Inception meeting
   
2. 
   Preparation of the terms of Reference and the work plan for the Committee
   
3. 
   Held a Community empowerment activity together with the Human Rights
   

4. 
   Participated in the march past in Commemoration of Word Aids Day organized by the National AIDS Council.
   
5. 
   Setting up of the Remember and Bequeath box (RAB)
   
6. 
   Participated in the UNZA, SALC and PANOS Seminar on freedom of expression for vulnerable groups.
   
7. 
   Co hosted community workshop on HIV/AIDS, Disability and the Law between the LAZ HIV/AIDS committee and UNZA Human Rights Law Clinic
   

1. 
   Inception Meeting
   

2. 
   Preparation of Terms of Reference, Calendar and Proposed Workplan
   

3. 
   Community Outreach Programme
   

The two committees met to plan how they would participate in the law week and the materials they would need for such participation.

The committees successfully held the outreach during the Legal week. A Drama group was also used to disseminate the information to the participants. In addition information brochures were handed out at the end of the program.

4. 
   Review of LAZ HIV Workplace Policy
   

It was hoped that the draft report would be finalized and shared with Council but due to the fact that the Committee had few members in the year under review, and were overloaded with activities, this activity was not prioritized.

It is the Committee’s sincere hope that the exercise can be completed hopefully with new members coming on board.

5. 
   Participated in the UNZA, SALC and PANOS Seminar On Freedom Of Expression
   

The objectives of the seminar were to discuss among other issues the following;

• 
  The role of Courts is protecting and safe guarding the fundamental right of freedom of speech and expression;
  
• 
  Analyzing the laws that criminalize the right to freedom of expression and speech;
  
• 
  The consequences of such criminalization;
  
• 
  If the right to freedom of expression and speech has been adequately addressed by the current draft Constitution
  
• 
  Freedom of expression and speech as it relates to persons with disabilities.
  

6. 
   Setting up of A ‘Remember And Bequeath’ (Rab) Box
   

7. 
   participate in commemoration of world aids day
   

The HIV Committee collected and donated clothes to Our Lady’s Hospice in Kalingalinga. In addition to the clothes donations, the Committee through the LAZ Council purchased and donated a variety of groceries (which ranged from foodstuff to cleaning utensils). These items were handed over to the hospice by the LAZ President and the Convenors for the HIV and Human Rights Committees. The LAZ delegation included the President, the Convenors and members HIV and Human Rights Committees and members of the LAZ secretariat.

The donation was preceded by participation in a match past by LAZ members and members of the secretariat and the National Legal Aid Clinic for Women. The match past was organized by the National AIDS Council (NAC). The walk was from Engen Filling Station at Chinama on East Road to Nkoloma Stadium.

8. 
   Co-hosting of community workshop on HIV/aids, disability and the law between the LAZ HIV/aids committee and UNZA human rights law clinic
   

The aim of this workshop was to sensitize the members of the Communities of the rights of the People living with HIV and also the rights of persons with disabilities.

The participants were informed of the rights they enjoy. The Laws that provide for those rights and the remedies that are available when such rights are violated.

The two workshops were a great success and it is the Committees sincere hope that more communities will be reached in future with more participation from the members of the association.

The workshops were held on the 19th and 20th March 2015 in Kalikiliki and on the 26 and 27th March in 6 miles.

9. 
   scheduled meetings
   

Due to the fact that the Committee only had 3 members there were no scheduled meetings that were set up other than the inception meeting. The Committee organized its activities mainly by way of email and phone communications.

The Convenor and secretary were overwhelmed as they had to plan and implement all the activities set out in the work plan.

5. 
   ACKNOWLEDGMENTS
   

6. 
   CHALLENGES
   

This affected the implementation of planned activities. The Committee has the following outstanding activities for 2014/2015:

1. 
   Completion of reviewing the LAZ HIV/AIDS Workplace policy
   
2. 
   .Luanching of the said HIV/AIDS Workplace policy
   
3. 
   Training of Committee members on Human Rights HIV/AIDS and the Law
   
4. 
   RAB
   
5. 
   Commemoration of World AIDS Day
   
6. 
   Community training on Advocacy on the rights of people living with HIV and Persons with Disabilities.
   

7. 
   RECOMMENDATIONS
   

We also recommend that CPD points must be attached to members’ participation (i.e. membership and attendance of activities) in various Committees. The benefits of these CPD points should form the basis for appointments by LAZ Council for various Boards and Committees.

We further recommend that Committees should have the liberty to terminate the membership of inactive members of the Committee and replace them with new recruits.

This is so because over the years there has been poor participation from the general membership in the activities of the association. It is mind boggling that an Association with over 800 members can have 3 people in a Committee.

Submitted for and on behalf of the HIV/AIDS Committee: