from the president’s desk table of contentsmar 05, 2017 · 8. intellectual property and business...

Issue 5, March 2017

LAW ASSOCIATION OF ZAMBIA NEWSLETTER / Issue 5 / March 2017 /1

TABLE OF CONTENTS

LAZ POSITION ON PROTECTING THE INDEPENDENCE OF THE LEGAL PROFESSION

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FINANCIAL LITERACY WEEK 2017

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BE THE CHANGE YOU WANT TO SEE: PARTICIPATE IN THE LAZ COMMITTEES

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BAR-BENCH WORKSHOP

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THE NEW LAZ BAR: OUR OWN “WATERING HOLE”

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LAZ EVENTS IN PICTURES…

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As we welcome in the New Year, we look forward to all that a new start to the year promises: refreshment, hope and the anticipation of good things to come. So far, we have had a fairly busy start to the year as we work towards our 2017 AGM and reporting to you on the Council’s achievements over the past year. Already this year has brought the introduction of a new scale of fees for the first time in fifteen years, the new Publicity Rules, the amended Electoral and General Rules, a Bar-Bench workshop to address the challenges faced by the Bar and the Bench in the administration of justice and the opening of the long-awaited LAZ bar at the Secretariat.

With a new start comes new challenges. We have seen increased attacks on the integrity and the independence of the judiciary and of lawyers. Indeed, the independence of the Bar and the Bench is the hallmark of the legal profession and we must continue to guard both jealously. As Caroline Kennedy once said:

“The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing”.

If we as lawyers are to avoid being complicit in the destruction of the rule of law in our country, then we must always stand for what is right, as Martin Luther King Jr said, regardless of whether it is the safe or popular or strategically advantageous thing to do. And for that we need courage. Whom amongst us will seek that courage? Whom amongst us will stand up when called?

Linda KasondePRESIDENT

FROM THE PRESIDENT’S DESK

Issue 5, March 2017


In addition to the independence of the judiciary, the independence of the legal profession has been a long-standing principle that has held our profession together. Recently, the Law Association of Zambia (LAZ) decided to represent Mr. Nchima Nchito SC regarding criminal charges that have been laid against him. Mr. Nchima Nchito SC was issued with an arrest warrant for alleged impersonation. The facts of the matter are that Mr. Nchito SC challenged the appointment of the Provisional Liquidator of the Post Newspaper in the name of the company on the basis of the principle set out in the Supreme Court authority of Avalon Motors Limited (in Receivership) v Bernard Leigh Gadsden & Motor City Limited (1998) SJ 26 (S.C) which states that the directors or shareholders may challenge the appointment of a receiver in the name of the company.

According to Rule 22 of the Legal Practitioners’ General Rules 2002 every legal practitioner has a duty to act independently:

“A practitioner shall retain professional independence and ability to advice clients fearlessly

and objectively and shall not permit the requirements of an introducer to undermine this independence”.

The International Bar Association (IBA) guidelines on the independence of a legal practitioner state as follows:

Rights and duties of lawyers:6. “Subject to the established rules, standards and ethics of the profession the lawyer in discharging his or her duties shall at all times act freely, diligently and fearlessly in accordance with the legitimate interest of the client and without any inhibition or pressure from authorities or the public.7. The lawyer is not to be identified by the authorities or the public with the client or the client’s cause, however popular or unpopular it may be. 8. No lawyer shall suffer or be threatened with penal, civil administrative, economic or other sanctions or harassment by reason of his or her having legitimately advised or represented any client or any client’s cause”.

LAZ has intervened in the case in

which Mr. Nchima Nchito SC was arrested because it was felt that the charges directly impinge on his independence as a legal practitioner and LAZ opted to represent him in line with section 4(n) of the Law Association of Zambia Act. Section 4(n) of the Law Association of Zambia Act states as follows:

“The objects for which the Association is established are:

(n) to represent, protect and assist members of the legal profession in regard to their conditions of practice, remuneration and otherwise”.

The legal representation of Mr. Nchito SC is being provided on a pro bono basis. This is not the first time that LAZ has intervened on behalf of a lawyer. An intervention was made over the threatened arrest of Mr. Robert Simeza SC when representing Mr. Mathew Mohan in his murder trial and when police officers came to search Mr. Lewis Mosho’s offices when he was being charged with a criminal offence. LAZ will continue to uphold the best interests of lawyers and the entire legal profession in the pursuit of justice, honour and integrity.

LAZ POSITION ON PROTECTING THE INDEPENDENCE OF THE LEGAL

PROFESSION By Linda Kasonde

Issue 5, March 2017


What is Financial Literacy Week? Financial Literacy Week (FLW) is an annual awareness campaign, to educate and sensitize the general public on financial education. This year, FLW will be commemorated from 27th March to 2nd April. The emphasis of FLW is on Key Life Events, and shall focus on how people can Learn, Plan and Afford, these key life events without burning out in the process. The key life events include; life partners (marriage, divorce), death, retirement, the birth of a child and higher education and training. One needs to plan for such events, and one aspect of planning, involves having savings. FLW has in the past three consecutive years (FLW 2014 to 2016) concentrated on the concept of savings and shall carry through with this concept in line with planning and affording these events.

It is a known fact that the key life events or rites of passage require financial resources. One can only spend what one has. Financial Literacy Week 2017 will focus on helping people become financially literate in order to prepare and enjoy their key life events without plunging themselves into [further] financial ruin.

This year, the National Strategy for Financial Education in Zambia (NSFE) has circulated guidelines for different categories of people, organizations and stakeholders to participate in FLW. The guidelines have been adapted from the Toolkits of the Child and Youth Finance International for the Global money week, and can be used by government agencies, civil society, NGOs, Youths, and literally all of us (http://globalmoneyweek.org/resources/gmw2017/toolkits).

Bringing it home, LAZ has in the past had to intervene where the families of deceased lawyers could hardly afford their funerals. We receive appeals from lawyers requiring medical attention. LAZ hopes to participate in these events this year to raise awareness on the need for prudent financial management for the good of everyone in the legal profession.

What is Financial Literacy?Financial literacy generally refers to one’s ability to use knowledge and skills to manage financial resources effectively for a lifetime of financial well-being. The acclaimed author of Rich Dad, Poor Dad, Robert Kiyosaki defines financial literacy as:

“Understanding basic concepts like accounting, how to invest, how markets work, and the law surrounding taxes, corporations, and money in general”.

His critically acclaimed book demonstrates the importance of financial literacy in order to achieve success and laments on the lack of financial education in the education system. We shall try and focus our attention on the understanding of money in general.

FINANCIAL LITERACY

WEEK 2017

By Lwisha Shula

Why is Financial Literacy Important? The reality is that most of us grow up without getting an education on how to handle our money, we are therefore illiterate adults, financially. As children, our parents went out of their way to teach us how to read and write and other related skills, but the same cannot be said about teaching us about how to handle our finances. As a result, we grow up without a clue how to handle our money, for the sake of prosperity and posterity. For the most part our financial lives are in shambles. As Kiyosaki rightly observes:

“As adults, most of us know how to read. We’ve gone through the struggle and frustration of becoming literate. Thankfully, that is one thing our schools do well. But for most adults there is one type of literacy that is sorely lacking-financial literacy.”

It is important to move away from such a system and begin to educate ourselves and also our children on money issues to equip them fully.

What Can You Do?Lawyers have not been spared from the effects of financial illiteracy. As a first step, members are encouraged to get involved in the activities scheduled in this year’s Financial Literacy Week. One is never too old to learn something new. Secondly, let us encourage literacy amongst co-workers, peers, and family. Sensitize someone on FLW, and educate them on the theme for 2017. Finally, do not save what you have left over after spending but save first before you spend. That’s your umbrella for a rainy day!

Issue 5, March 2017


What is the Law Association of Zambia (LAZ)? It is so easy to sit back, fold our arms and say LAZ is not doing anything! But we must stop and ask ourselves: What LAZ is? LAZ is made up of every LAZ member reading this article! The Annual General Meeting, LAZ’s supreme decision making body, is made up of every member of LAZ. In between General Meetings, the decisions of the Association are made by the Council supported by the Association’s Committees. It is therefore vitally important for each one of us to participate in helping the Association fulfil its mandate under section 4 of the Law Association of Zambia Act by enlisting and serving on the various Committees of LAZ.

There are several committees of LAZ giving LAZ members the option of choosing an area of interest that they are passionate about. The following is the list of committees of the Association:

1. Administration of Justice 2. Annual General Meeting 3. Conveyancing4. HIV/AIDS Committee 5. House Committee6. Human Rights Committee 7. In House Counsel Committee8. Intellectual Property and

Business Law Committee

9. International Relations Committee

10. Junior Lawyers Committee11. Investment, Finance and

Modernisation Committee12. Law Reform and Constitutional

Affairs Committee13. Legal Aid14. Litigation Committee15. Remuneration Committee16. Women’s Rights Committee

Going forward, the HIV/AIDS Committee, Human Rights Committee and Legal Aid Committee will be merged into one Committee that will be renamed.

I spoke to a few members of LAZ about what they found to

be beneficial in serving on the committees. Members felt that it gave them a sense of belonging and allowed them to give their time and talents to the Association. Some members spoken to say serving on committees allowed them to interact among the various ranks of lawyers and network.

There is a place for every member of the Association regardless of standing at the Bar. The Council encourages members to join a Committee (or two) that best suits their interests. The Association needs “all hands on deck” to make it relevant to its members and to the society at large. We look forward to your participation!

BE THE CHANGE YOU WANT TO SEE: PARTICIPATE IN THE LAZ COMMITTEES

By Ngosa Simachela

Issue 5, March 2017


The Law Association of Zambia (LAZ) and the Judiciary are jointly hosting two (2) seminars on Administration of Justice in Lusaka on the 1st March 2017 and in Ndola on 10th March 2017.

The main purpose of the seminars is for the Bench and Bar to discuss their roles in the proper administration of Justice in an effort to improve justice delivery. The seminar is aimed at brainstorming on how to tackle backlog in courts touching on the following topics:

• Causes of backlog from the judge’s perspective

• Causes of backlog from the legal practitioners’ perspective

• Cause of backlog in general• Suggested solution to improve

service delivery • The use of Alternative Dispute

Resolution • Duties of Counsel to the Court• Duties of the Court to Counsel

The main speaker from the Bench will be Justice Nigel K. Mutuna and from LAZ Dr. John M. Mulwila SC for Lusaka and Mr. Elijah C. Banda SC for Ndola. The Chief Justice, Deputy Chief Justice and the Judges–in-charge of the High Court will be in attendance. The seminar in Lusaka was very well received. Following on from the seminar, a working group with members of the Bar and the Bench will be formed to come up with resolutions to ease the backlog, hopefully in time for the LAZ AGM.

BAR-BENCH WORKSHOP

By Linda Kasonde

Issue 5, March 2017


In our quest to enhance interaction among our members especially between our senior lawyers and junior lawyers, your Council working together with the House Committee has resurrected the LAZ bar. The refurbishment of the bar began in October 2016 and was concluded in December 2016 but for unforeseen circumstances it was only opened on 16th February 2017. The official opening was a grand affair attended by a number of members and graced by our President, Ms. Linda Kasonde.

The bar was not opened not only for profit but to enable lawyers interact socially, unrestricted by the formal setting in which they usually meet. As Chinua Achebe once wrote “A man who calls his kinsmen to a feast does not do so to redeem them from starving. They all have food in their own houses. When we gather together in the moonlight village ground it is not because of the moon. Every man can see it in his compound. We come together because it is good for kinsmen to do so.”

The Council invites you to the LAZ Bar not because members do not have more prestigious places to be but because it is also good to interact amongst ourselves.

The bar has a wide variety of reasonably priced drinks to suit every taste and budget. Braai facilities are also available and members are free to bring their own braai packs on weekends. The bar is open every evening on Wednesdays, Thursdays and Fridays and from 14:00 hours on Saturdays and Sundays.

As you head to the bar please remember the two cardinal rules: legal arguments and adducing evidence at the “bar” is strictly prohibited and drinks are always on senior counsel!

We look forward to seeing you there!

THE NEW LAZ BAR:

OUR OWN “WATERING HOLE”

By Mando Mwitumwa

Issue 5, March 2017


L A Z E V E N T S I N P I C T U R E S …BAR-BENCH CHRISTMAS SHERRY PARTY

Issue 5, March 2017



Issue 5, March 2017


L A Z E V E N T S I N P I C T U R E S …BAR-BENCH WORKSHOP

Issue 5, March 2017


Ngosa SimachelaEditor-in-Chief

Lwisha Shula Brian J Mwanza Friday Besa

E D I T O R I A L T E A M

CALL FOR CONTRIBUTORS TO THE NEWSLETTER

The editorial team of the the LAZ Newsletter would like to extend an invitation to all our members to to apply to join our team of writers. Please send your names and a sample of your writing to the Secretariat for the attention of the editor, Mrs. Ngosa Simachela.

from the president’s desk table of contentsmar 05, 2017 · 8. intellectual property and business...

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