#Munshya on Lawyers
There’s no law in Zambia or anywhere in the common law jurisdictions that allows the “judiciary” to summarily punish a lawyer in this manner.
Hon. Kafunda’s directive is unlawful, arbitrary, illegal and unconstitutional. The judiciary as an institution doesn’t have the right nor the powers to suspend a lawyer from appearing before courts of law.
Lawyer Gilbert Phiri must be given due process before any punishment is meted on him. The law recognizes LAZ disciplinary guidelines and Mr. Kafunda can’t come up with his own punishment procedure unrecognized by the laws of Zambia.Lawyers are officers of the court, but they aren’t officers of the judiciary as an institution. Lawyers aren’t agents of the state nor agents of the judiciary as an institution. A judge in a courtroom can cite a lawyer for contempt and can discipline or report a lawyer for further action. The judiciary as an institution can’t discipline lawyers.The judiciary can’t do what it is purporting to do through Mr. Kafunda’s letter.By Elias Munshya