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Know your Rights I Legal Advisor
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LRF
Condemns Search on Lawyer
By Madube Pasi Siyauya
The Legal Resources Foundation (LRF) has expressed its concern on the
treatment of lawyers in Zambia by the task force investigating the plunder
of the economy.
Legal Resources Chambers lawyer Geoffrey Mulenga said those of them in the
legal profession who hold the value of lawyer-client privilege in high
regard are greatly disturbed by the search at the home of lawyer
representing former second republican president Frederick Chiluba.
The task force searched the home of John Sangwa and also attempted to search
at Simeza Sangwa offices at Woodgate House but were restrained by a court
order made by Justice Thomas K Ndlovu.
He said no civilised legal system can permit a lawyer to be subjected to a
search conducted for the purpose of retrieving documents obtained by the
lawyer in the course of the discharge of his professional functions.
"We recognise that the law has always criminalized retention by any
person of property stolen or reasonably suspected to have been stolen. But
clearly faxed documents and such other materials cannot possibly fall within
the meaning of stolen property as prescribed under the law" he said.
Mulenga said the search at the home of Sangwa opens the door to a lot of
injustices and a lot of harassment and intimidation of lawyers and it will
seriously impair the administration of justice. "The existing law is
sufficient to address legal practitioners retention of stolen property"
he said.
In a communiqué to its 12 members in nine Southern African Countries the
Southern African Legal Assistance Network (SALAN) to which LRF is a member
said its members are deeply concerned to learn of the alleged harassment of
lawyers representing Chiluba. The communiqué said the independence of the
legal profession is a principle upheld internationally and by all
democracies.
SALAN called on the Zambian government and the Zambian Police Service to
conduct their investigations in a transparent and professional manner. It
urged them to avoid threatening and using intimidating tactics, but to
ensure that lawyer-client privilege is respected and that the accused are
given a speedy and fair trial.
At an extra ordinary meeting called by the Law Association of Zambia (LAZ)
president Michael Musonda condemned the searches at the home of the lawyer.
LAZ has since forwarded a report on the search to the Geneva Commission of
lawyers and Jurists an international body that addresses concerns of lawyers
who suffer harassment at the hands of state agents, for their
recommendation. All the lawyers who attended this meeting condemned the
searches.
The African Network For Human Rights director Ngande Mwanajiti in a press
statement also condemned the searches.
However a Lusaka lawyer Nelly Muti was quoted by the press as having said
the searches were justified. |
