judiciary cannot discipline lawyers – Lawyer Munshya


#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