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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Zambian judiciary on trial: politicisation of the judiciary or judicialisation of politics?
Author:Malila, MumbaISNI
Year:2011
Periodical:Zambia Law Journal (ISSN 1027-7862)
Volume:42
Pages:63-152
Language:English
Geographic term:Zambia
Subjects:judicial system
separation of powers
corruption
jurisprudence
Abstract:In recent times, the role of the Zambian judiciary as an independent institution has come under immense, sustained and relentless criticism. Politicians, civil society organizations, lawyers, clergymen, litigants, accused persons, diplomats and others have not disguised their diminishing faith in the Zambian judiciary. It is believed by many that the judiciary has conspired with the executive arm of government to entrench a culture of impunity for government officials involved in corruption and abuse of tax payer's money. After an introduction in chapter I, chapter II offers a justification for continuing the academic conversation around the issue of judicial independence in Zambia. Chapter III establishes that the perception that the judiciary has lost its independence, or is otherwise compromised, is widespread. Chapter IV discusses the question of why the Zambian judiciary cannot afford to ignore adverse comments about its independence and integrity. Chapter V considers whether it is politicization of the judiciary or judicialization of politics that could be responsible for what the public has perceived as unfortunate happenings in the judiciary. Chapter VI makes suggestions as to how the judiciary could react to attacks on it by the public. Chapter VII holds the author's conclusion. The judicialization of politics, and with it the politicization of the judiciary that has occurred since the advent of multi-party democracy in 1991, has seriously affected the independence of the judiciary. To reach acceptable levels of judicial independence Zambia has a long way to go. Notes, ref. [ASC Leiden abstract]
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