1. Introduction

I present below, a report of the International Relations Committee (“IRC”) of the Law Association of Zambia on activities of the committee during the season 2013-2014.

Ms Gertrude Musyani is the Convenor and Mrs Ngosa Simachela the Secretary, both ushered into office following elections at the first meeting held on 5th June, 2013.

In accordance with schedule of meetings submitted to LAZ Secretariat following its composition, the IRC had four meetings out of the six scheduled which took place between June 2013 to December 2013, with an average attendance of only four members per meeting.

  1. Membership

The following were the registered members of the Committee:

  1. Ms Gertrude Musyani (Convenor)
  2. Mrs Ngosa S Mulenga Simachela (Secretary)
  3. Mr James Banda
  4. Ms Linda Kasonde
  5. Col. Maison Maanga
  6. Mr Mulambo Haimbe
  7. Mrs Sashi Nchito-Kateka
  8. Mr William Mweemba
  9. Mrs Kondwa Sakala-Chibiya
  10. Mrs Kamona Akapelwa Mashilipa
  11. Mrs Mutinta Syulikwa
  12. Ms Misozi Hope Masengu
  13. Mr Henry B. Mbushi
  14. Ms Sharon K Sakuwaha
  15. Ms Jacqueline Jhala
  16. Mr Zachaeus Musonda
  17. Mrs Armanda A D Theotis Cherubin
  18. Ms Kate Munuka
  19. Ms Mutinta Syulikwa
  20. Ms Melody Nyendwa Mayaka

The IRC operates within Six Terms of reference namely:

  • To foster the establishment of links between the Law Association of Zambia and associations of Lawyers in other jurisdictions and to work with such associations in areas of common interest
  • To lobby for the ratification and domestication of international Conventions and Treaties.
  • To encourage Law Association of Zambia members to be members of International Associations of Lawyers like the International Bar Association and to avail member’s information in that respect.
  • To consult with the Government of Zambia over the appointment of lawyers to international bodies and to avail members with information on international vacancies and opportunities to attend international conferences and meetings.
  • To foster international exchange programmes and identify scholarships for young members of the association.
  • To promote the Rule of Law in the SADC region (including Zambia).
  1. Activities of the Committee

3.1The 14th Annual SADC Lawyers Association AGM & Conference at Bingu International Conference Centre in Lilongwe, Malawi 1-4th August, 2013

The SADC Lawyers AGM & Conference under the Theme “Constitution-Making and Constitutionalism in SADC: Opportunity or Illusion for Justice, Peace & Shared Values” was officially opened on 1st August, 2013 by His Excellency Mr Khumbo Kachali, the Vice President of the Republic of Malawi. All were indeed warmly received to the warm heart of Africa. The key note address was given by His Excellency, Mr Thabo Mbeki, former President of the Republic of South Africa. I was honoured to co-host with a Malawian lawyer at the Gala Dinner & Dance which took place on 3rd August, 2013.

The Conference was very successful and well attended with LAZ members making up the largest delegation of 46 members. We are grateful to all Zambian lawyers for turning up in numbers and are confident the spirit of togetherness will continue. Twelve law societies out of fifteen were represented at the event.

Our further gratitude to our four eloquent and well researched Zambian presenters, Mr Mwelwa Chibesakunda (on New IT trends to reduce risk, boost efficiency and enhance corporate governance), Mr Steven Lungu (on Anti Money Laundering legislation and its impact of the legal profession in SADC), Honourable Justice Annel Silungwe (on Constitution making process) and Mr Chalwe Chuulu (on regional integration and trade).

In addition, the women lawyers had a good opportunity to mingle and relax at the Women Lawyers networking cocktail at the Sunbird Capital hotel sharing experiences and areas of common interest and concern.

The Conference coincided with the upcoming SADC Heads of State Summit. Through her speech, the President of SADC Lawyers Association, Mrs Kondwa Sakala- Chibiya implored the SADC Heads of State to answer as to whether as a region and as Africa, strides indeed have been made in ensuring:

  • That the constitution making processes are indeed people driven;
  • That the constitution making processes advances gender justice;
  • That the constitution making processes indeed cater for judicial independence and an independent bar free from influence and interference.

Without doubt, Mrs Kondwa Sakala Chibiya’s election as SADC President has placed Zambia on a continental footing.

In all, money was well spent towards the Conference with a lot of individual and collective efforts being put in planning the conference for this regional lawyer’s body.

Some lessons learnt from the conference:

The two days of very useful deliberations covered a good scope of pertinent topical legal and socio-political issues including but not limited to rights of women and their representation in judiciary and elsewhere, gender injustices, and election process constitutional law and judicial and bar independence.

Through the panel sessions and case studies, members benefitted from hearing challenges and sharing experiences with colleagues in the region. A number of practical insights into various country experiences on the topics ranging from the above to, inter alia, best practices and emerging trends in corporate law and governance to Anti money Laundering legislation and impacts on the legal profession in SADC to SADC regional integration.

Lessons learnt:

  • That even in our diversities, the various countries could still achieve unity and common identity on justice, peace and shared values.
  • One basic principle in the constitutional making process is not in the constitution itself but in the good will of people involved in the process
  • It was agreed generally that more had to be done to foster regional integration with the rule of law being paramount.
  • A flawed constitutional making process is a basis for a flawed constitution
  • Electoral laws and processes should be independent
  • Constitution making should have full and effective participation of the people. It should constitute people’s views, constitutional experts.
  • The Judiciary is bedrock on which democracy rests.
  • There should be a fearless and independent bar/judiciary.

A number of resolutions were made at the AGM, one of which was to introduce individual membership for the regional body of lawyers. Currently, membership is confined to law societies but membership is planned to be extended to individual membership at a fee of US$100. This plan would present benefits to individual members such as discounts on various facilities like hotel and flights bookings. Once the numbers were made, it is hoped that the Association would be able to negotiate more benefits from service providers.

The 2014 SADC Lawyers AGM and Conference would be held in Victoria Falls Town, Zimbabwe.

3.2Common wealth lawyers Conference, Cape Town, South Africa

The conference saw a good turnout of Zambian delegation (twenty two) but had no Zambian speakers. Mrs. Kondwa Sakala Chibiya attended as SADCLA President. There was a need to urgently identify the challenges and impediments Zambians were facing and address the issue of Zambian lawyers not speaking at international conferences. The need to strengthen links with other law societies was identified as an area of concern.

3.3International Lawyers for Africa (“ILFA”)

Following a circular from Law Association of Zambia (“LAZ”) Convenor Internal Relations of 12 February, 2013 to all legal practitioners for applications from interested persons for three months advanced training scheme and work experience in leading Law firms in London, subsequent interviews conducted last year and a rigorous selection process, Mrs Doris Tembwe was selected as the IFLA Zambian candidate to represent Zambia, participate and benefit from the ILFA programme for 2013. I am pleased to note that Mrs Doris Tembwe emerged as the best IFLA 2013 participant and ambassador out of twenty participants and got herself a trophy.

Speaking on behalf of her fellow African lawyers that participated in the intensive three months IFLA programme in London, Mrs Doris Tembwe in her speech to the IFLA ginner gala hosted by the Law Society of England and Wales (attached hereto) demonstrated her wonderful IFLA learning experience in international legal practise and training noting strongly the need to develop skills and expertise of young workforce so as to harness full potential.

We have no doubt that Mrs Doris Tembwe has returned to Zambia clothed with additional skills and insights in international legal practice.

There is need to work more closely with organisations such as IFLA in creating exchange opportunities for members.

3.4IBA Conference , Boston United States of America, 2013

The 2013 IBA Conference took place on 10th October, 2013A small delegation of LAZ members attended the IBA Conference.

More publicity was still needed for young lawyer’s scholarships to allow young members of the bar to be sponsored to attend the IBA conference

3.5Domestication of international treaties/protocols

Very little activity was carried out in identifying treaties that required domestication on account of the involvement of key players in the Constitution making process.

It was observed however that while keeping track of treaties needing ratification and/or domestication or which treaties were ratified, there was need to study local legislation before lobbying for domestication of certain treaties to avoid replication.

  1. Challenges

The Committee has six Terms of reference within which to operate. However, the Committee was unable to undertake further projects and or action the Terms of reference due to inadequate numbers. More needs to be done to get achievements under each term of reference through increase in numbers, dedication and participation of all.

  1. Conclusion

The IRC is an exciting and vibrant Committee which deals with important issues internationally as well as nationally. There is need to make SADCLA more relevant to LAZ. The low attendance at meetings seriously affected the Committees’ ability to implement or carry out its mandate within the Terms of reference. There is outstanding work yet to be completed which I implore the incoming Committee to seriously persue. We implore the LAZ Council to find ways of getting members involved in the Association’s activities through the various committees.

More members are however welcome to join this Committee and get involved in its far reaching activities.

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Gertrude Musyani (Convenor)Ngosa Simachela (Secretary)

2013-2014 LAZ, Annual Report of the International Relations CommitteePage 1