Sun Aug 22 1999
Zambia, Gambia find common denominator
The judicial system in Zambia and in the Gambia follows the same
British law but the two countries still have much to learn from
each other . And veteran legal expert Justice Frederick Mumba Chomba
who recently served in The Gambia explains his
experiences in that country. DORIS NKUNTA reports.
I AM one of those judges who believe that to be worth one's salt, one
has to objectively carry out one's duties," says Justice
Frederick Mumba Chomba, who, during the second republic was simply
called, Justice Frederick Chomba.
He recently returned from the Gambia where he was serving as a supreme
court judge.
That was no mean achievement. The job is not only revered, it is
something close to president, and for a foreigners to hold it, he
has to be exeptional.
For Mr Chomba, the job was not exactly insurmountable.
All the years he has been practising, he has tried as much as possible
to objectively execute his duties.
After spending five years in The Gambia, Justice Chomba explained that
the legal system in Zambia and in The Gambia is the
same because both countries use the common law. Zambia, however, unlike
the Gambia has made greater strides in ensuring
the rule of law.
On what the two countries could learn from each other, Justice Chomba
explained that Gambia had a lot to learn from Zambia,
particularly, that Zambia had localised its bench while Gambia relied
on expatriates.
He further explained that the bench in Gambia only had three Judges on
the bench, "myself and two other foreigners."
Unlike the Zambian Judicial system that has the Lombe Chibesakundas,
Florence Mumbas, the Getrude Chawatamas and so
forth, dominating the legal world, Gambia only recently appointed a
female judge.
It was only this year that two Gambian high court judges were
appointed.
Justice Chomba, back on his farm in Chilanga after the Gambian
contract, believes there has not been any drastic change in
Zambia's judiciary system now and before.
Justice Chomba said the supreme court judges were still the same, " for
instance, Chief Justice Matthew Ngulube, Justices
Bonaventure Bweupe, Ernest Sakala, Chirwa and Weston Muzyamba are still
on the bench."
Problems faced by these custodians of the law are almost the same
across Africa. Justice Chomba explained that in the African
countries he has visited, most Judges have operational problems. He
cites writing statements while witnesses gave evidence as a
very archaic way of adjudicating. He says judges miss out on witnesses
body language which also determine whether one was
telling the truth or not.
"Especially when it is a sensitive question asked, judges have to see
whether there is conviction or not from the witness," he
said.
The judicial system in the western world has been computerised and
their is an official who takes down the statements while the
judges listen.
"By and large, the funding for most African countries leave much to be
desired," he said, adding, the system is expensive to
maintain and high standards meant adequate funding.
Justice Chomba feels African judges could be independent of
politicians, though he added, "on an individual basis."
This, he said, was the more reason why some judges were more popular
than others, "some judges do pass their judgements in
favour of the state even if the evidence states otherwise."
At the same time, some judges take the oath serious and make all
judgements as objectively as possible.
He said there was a time when former soldiers were charged with treason
and the state wanted them to be executed.
But after going through the case, the bench advised the state to find
another case against the former soldiers.
"In 1994, I was appointed the president of the court of appeal and as a
bench it was decided that the state should have
charged the accused a different offence.
About memorable cases in Zambia, Justice Chomba recalls in 1970 in
Ndola where an elderly couple was murdered and the
accused were found guilty and sentenced to death.
On what the two countries could learn from one another, Justice Chomba
said the Gambia had a lot to learn from Zambia
because Zambia's judicial system had stood the test of time.
The Gambia with the chairmanship of Justice Chomba introduced law
reports in 1994 while Zambia has always had law
reports.
He explained that due to logistical problems, in the Gambia the job was
not carried out as effectively as it should have been.
Now that he has retired, Justice Chomba, with a chuckle, said his
current plans are to rest then he would decide his next move.
His contract was renewed by the Gambia state, "but I was tired and I
needed rest."
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