JCC APPOINTMENT, WHERE IS THE INTELLIGENCE TO CLEAR NAMES

JCC APPOINTMENT, WHERE IS THE INTELLIGENCE TO CLEAR NAMES

…Eva Jhala is a spouse to Mr. Vincent Malambo SC and Kephas Kampamba Katongo is not even a member of LAZ and are therefore incapable of supervising the Judiciary…

President Hakainde Hichilema has, subject to ratification, by National Assembly, appointed, Mr. Kephas Kampamba Katongo and Ms. Eva Jhala as members of the Judicial Complaints Commission.

The appointments are in exercise of the power vested in the President in section 20(2) of the Judicial Code of Conduct Act No. 13 of 1999.

The President has in exercise of the power vested in him in paragraph 2(3) of the schedule to Section 4 (3) of the Anti-Corruption Act No. 3 of 2012, appointed Mr. Jack Kalala as a Commissioner at the Anti-Corruption Commission Board subject to ratification by National Assembly.

APPOINTMENTS TO THE JCC

The Judicial Complaints Commission’s primary function is to receive and investigate complaints made against judicial officers and thereafter submit its recommendations to the President for action.

This is a cardinal institution meant to hold accountable the Judiciary and is key to upholding ethics, morals and principles of Justice, in the Judiciary.

The Zambia Intelligence Security Service (ZISS) therefore, has let down the President by allowing persons clearly not suitable for the positions to be appointed and their names made public and now subjected to this unnecessary debates.

Remember, this is the Commission that will determine concerns and complaints against the Judiciary and its Judges and acts as bulwark in ensuring that there is adherence to ethics, morality and principles in the Judiciary.

KEPHAS KATONGO

Kephas Katongo has been appointed as a member of the JCC.

To my knowledge Kephas is not even a member of the Law Association of Zambia as he skips years of renewal and has literally never practiced law.

He is a well known businessman in Ndola who once a ran a bus company called Chembe, servicing Copperbelt routes. He was also once United Transport and Taxis Association (UTTA) Ndola District chairperson.

Politically, he was once appointed as MMD Ndola District chairperson. He has son (Kephas Kampamba Jr.) is still serving as a UPND councillor for Itawa Ward in Ndola.

Kephas’ name is much more known in football circles where he once served as Roan United football club chairperson among other portfolios.

He was a member of the group that infamously formed a parallel Football Association of Zambia (FAZ) executive in 2010, a movement that world soccer governing body FIFA, deemed illegal and nearly banned Zambia.

Does the President know that Kephas Katongo is one of the architects of the current football confusion?

Does the President know that Kephas Katongo is actually a subject of a complaint at the Law Association of Zambia (LAZ) because of his current illegal position at FAZ were he is a 14th executive member when the association’s constitution clearly says members of the FAZ executive shall be 13?

In 2016, he was a running mate to his friend and FAZ president, Andrew Kamanga.

The two are very close friends and are also part of the senior leadership of the United Church of Zambia’s Boys Brigade.

But when he lost his FAZ vice presidency, without declaring interest, he was appointed as the association’s Ethics Committee chairperson – in whose leadership we saw illegal bans on private citizens Simataa Simataa and Augustine Mukoka.

At the time he accepted his appointment, he wasn’t even a member of the Law Association of Zambia though it is believed that he was admitted to the Bar in the late 80s.

Question is why are most people in the legal profession not aware of Katongo’s law credentials; which cases – if any – has he ever won for him to get such a lofty appointment?

The man is not even a State Counsel. I thought such positions are for senior, respected legal luminaries such as retired judges?

Back to football, it was also during his tenure that the likes of Damiano Mutale, Blackwell Siwale, Elijah Chileshe and others were also banned. Mutale is one of the people that has today dragged FAZ to court – a puzzle government is amicably trying to resolve without risking a FIFA ban.

In 2020, Kephas Katongo, on instructions believed to be from Andrew Kamanga, developed an integrity questionnaire, suited to eliminate Kalusha Bwalya from running for the FAZ presidency of FAZ that same year.

At the moment, Kephas Katongo seats on the FAZ executive committee as chairperson of the Zambia Premier League (ZPL) yet he’s not a member of any premier league team!

His position has brought so much confusion at FAZ that some of the association’s executive members have labelled it illegal and unconstitutional!

So how can a man riddled with so much illegalities and illegitimacy be at an association that’s literally at loggerheads with government be appointed to superintend over judges and other judicial officers? Is that the way government now rewards people who are fighting them and promoting anarchy in their other life?

His appointment is a scandal!

EVA JHALA

She is a well qualified and experienced lawyer, but she has long-standing relationship with the current Chairperson, Vincent Malambo SC.

In the legal fraternity, she is referred to as a second wife to Mr. Malambo.

Eva Jhala was admitted to the Zambia Bar in 1979 and thereafter commenced her Public Service Career. In 1987 she obtained her Master of Laws degree with Legislative Drafting from the University of Edinburgh in Scotland after having previously obtained a Senior Fellow Certificate in Legislative Drafting from the Legislative Drafting Institute of Canberra, Australia in 1981.

Between 1981 and 2012, she attended various specialist training Institutions that have enhanced her knowledge in governance matters (corporate and public governance, public administration and policy) and equipped her with problem solving and advisory capabilities covering a wide variety of subject areas, in the realm of public and private law.

CONCLUSION

I blame the Zambia Intelligence Security Services( ZSIS) that should have sieved these names before the appointments were done and made public and saving the President of this subsequent embarrasment.

It is clear that the two cannot discharge their duties and functions with integrity and therir decisions cannot attract respect.

LCP
Senior Lawyer
LUSAKA

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