This is contrary to the argument by Justice Minister Wynter Kabimba that the parliamentary select committee has no powers to make a final decision over the appointment of acting Chief Justice Lombe Chibesakunda.
LAZ president James Banda has also maintained that it is also morally wrong for Justice Chibesakunda to continue acting as Chief Justice despite her rejection by the Parliamentary Select Committee.
Mr. Banda has however told Qfm in an interview that in terms of Article 44 of the Constitution, the President is still entitled to send another nominee to the Parliamentary Select Committee for scrutiny before such a nomination is ratified by Parliament.
Mr. Banda explains that it will be unconstitutional, however, if the President was to make another attempt to nominate Justice Chibesakunda for the vacant position of Chief Justice.
The LAZ president has stated that as far as his association is concerned, Justice Chibesakunda will never be Chief Justice in the country because she currently does not qualify to hold such a constitutional office.