IBAHRI Co-Chair, Anne Ramberg Dr jur hc, commented: ‘The Zambian judiciary’s attack on John Sangwa’s individual rights to freedom of expression, as well his independence as a lawyer, is of serious concern to the IBAHRI. The absence of a fair hearing and due process in addressing the complaint made against Mr Sangwa suggests that his disbarment comes in retaliation to his criticisms of the current President of Zambia and the judicial appointments to the Constitutional Court. The UN Basic Principles on the Role of Lawyers ensures the right of lawyers to freedom of expression (Article 23), which is further upheld in the IBA Standards for the Independence of the Legal Profession (Article 14). It is imperative that the independent voices of lawyers are respected.’
The IBAHRI is concerned by the lack of due process and disregard for the rule of law demonstrated in the judiciary’s complaint against Mr Sangwa. In accordance with Part IV of Zambia’s Legal Practitioners’ Act and Section 7 of the Law Association of Zambia Act, a legal practitioner can only be punished following a hearing by the LAZ Legal Practitioners’ Committee and/or the Disciplinary Committee. The notice from the Registrar’s Office at the judiciary regarding Mr Sangwa did not indicate any legal provisions to support this action and he was disbarred before the complaint against him had been considered by the LAZ.
IBAHRI Vice-Chair, Mark Stephens CBE, commented: ‘The IBAHRI urges the Registrar’s Office to repeal its disbarment of John Sangwa from all courts in Zambia and to recognise the rule of law by allowing due process in the alleged complaint brought against him. The Registrar’s Office must consider the hugely damaging impact this decision will have upon the principle of the rule of law in Zambia and in upholding the population’s belief in the judicial system.’