Why should Silwamba make rules for Supreme Court ?

Why should Silwamba make rules for Supreme Court ?

In a recording which is now in public domain, Eric Silwamba’s law firm says it makes rules for the Supreme Court and other superior courts. Chinyelele Simunyola, the manager of Eric Silwamba’s company says Mr. Silwamba is currently making rules for the Industrial Relations Court. Silwamba’s law firm further says winning a case at the Supreme Court is ‘wisdom’ and that is why Eric Silwamba can’t retire.
Simunyola boasts and confesses in the same recording that had the Supreme Court not overturned the judgement that ordered Stanbic to compensate Savenda Management Services, Banks in Zambia would have collapsed.

We find these confessions by Silwamba’s law firm disturbing but not surprising, given what we know about this particular team of lawyers and operatives.

How and why does Silwamba make rules for the superior courts? Court rules are critical as they regulate how a case is dealt with in court. Court rules are regulations that govern procedures in courts. They are binding on the person suing and the one being sued and their lawyers. They govern and control issues such as grounds for appeal, time limitations, pleadings allowed etc…

Clearly court rules are at the heart of justice for each and every case. If they are not statutory, they should at least be created by the court itself or, the Chief Justice’s office must create these rules for each court. It’s a management function. If the Chief Justice’s office has no capacity to make rules of the courts, we expect the Law Development Commission to step in, or the ministry of Justice itself. Creating such important rules cannot be left to a private entity or individual.

So how does Silwamba fit in? Does he work for the office of the Chief justice? What exactly is the relationship between Silwamba and the Chief Justice for her to abdicate her statutory functions to a private lawyer? How is Silwamba paid when he creates rules of the court? We know Silwamba can’t work for free. He is not the type to engage in pro bono publica (For the public good), unless it’s for publicity. Is he paid in kind by winning all his case in advance? Is this what Silwaamba’s righthand man Simunyola means by ‘wisdom’ in relation to winning court cases?

Has Silwamba been contracted by the Chief Justice to make rules of the court? If so, why him? Was there a public tender for all lawyers to submit applications? When was this and where was it advertised?

Winning a court case should be about facts and applying the law to those facts in order to persuade the judge. We don’t think this is the type of wisdom Chinyelele and Silwamba are referring to. Instead, it appears that wisdom to them means corrupting the course of justice to favour themselves. It’s about creating court rules which other lawyers are not aware of.

If Silwamba writes court rules on behalf of the chief justice, is it not in order to assume that he also writes judgments for the Supreme Court? This is an open secret within the judiciary that Silwamba enjoys a very dark relationship with the chief justice which prejudices other law practitioners.

Simunyola boasts and confesses in the same recording that had the Supreme Court not overturned the judgement that ordered Stanbic to compensate Savenda Management Services, Banks in Zambia would have collapsed.

What this means is that, instead of delivering justice, the court decided to preoccupy itself with irrelevant considerations. The judiciary is established to deliver justice and not to prop up erring financial institutions. In this case, there is a local company that suffered financial losses by the predatory action of Stanbic. This was not about the stability of banks in Zambia. That is the duty of the central bank and ministry of finance. The job of the judges is to give justice to the people.

The Supreme Court missed a golden opportunity to protect local companies and individual clients of banks. Banks can now do as they wish with impunity knowing that depositors have no courts to run to.

We are surprised that despite the confessions and boasting by Silwamba’s law firm on how they pervert the course of justice, no action is being taken by either the Chief Justice or the police.

Whereas it may seem that no one is watching or paying attention to the conduct of Silwamba and the chief Justice, the truth is that this is just the calm before the storm. Chief Justice Irene Mambilima must not, even for a minute, deceive herself that all is well. Other judges are watching, lawyers are watching, and members of the public are watching. Waterloo is coming.

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