By CHALI MULENGA
Livingstone, March 7, 2026
CHIEF Justice has warned that sustained attacks on the Judiciary risk undermining the rule of law, eroding public confidence and destabilising the country’s economic prospects.
Speaking at the official opening of the Bar-Bench Conference in Livingstone yesterday, Dr Malila said judicial independence remains one of the most critical but misunderstood pillars of Zambia’s democracy, requiring constant protection from unwarranted interference and public hostility.
He said the doctrine, anchored in Article 18 of the Constitution, guarantees every citizen the right to a fair hearing before an independent and impartial tribunal, and is central to sustaining democratic governance and economic growth.
“Judicial independence is not an abstract ideal but a practical necessity. Without it, the rule of law collapses and public confidence in the justice system is severely weakened,” Dr Malila said.
The Chief Justice cautioned that while constructive criticism of the courts is necessary for institutional improvement, an increase in what he described as “groundless, speculative and malicious attacks,” particularly on social media, poses a serious threat to the Judiciary.
He said such criticism has a “chilling effect” on judges, who are bound by professional ethics and judicial restraint from responding publicly, leaving them vulnerable to sustained reputational damage.
Dr Malila criticised individuals he termed “peddlers of political roguery” and warned against the growing tendency of issuing what he described as “unlawful social media directives” to judicial officers.
He said judges must be allowed to determine cases impartially, free from external pressure, in line with international principles governing judicial conduct.
The Chief Justice further stressed that the Judiciary must be treated as a separate but equal arm of the State, complementing the Executive and Legislature, and not subordinated to political or public pressure.
On the role of the legal profession, Dr Malila expressed concern at what he termed a decline in ethical standards among some practitioners and a weakening of solidarity between the Bar and the Bench.
He said historically, lawyers defended the integrity of the Judiciary, but noted that there is now “eloquent silence” or, in some instances, active participation by lawyers in criticising judges in public forums.
“The Bar and the Bench share a common destiny. When one is weakened, the other inevitably suffers,” he said.
Dr Malila called on the (LAZ) to take a leading role in restoring discipline within the profession by identifying and sanctioning lawyers who undermine judicial institutions through misinformation or unethical conduct.
He also urged legal practitioners to uphold integrity, avoid making disparaging remarks about judges, and promote respect for the justice system, especially when engaging with the public.
The Chief Justice said the legal profession must remain a beacon of ethical conduct, characterised by honesty, humility and a commitment to justice, while also guiding clients away from unlawful behaviour.
He further raised concern over the growing number of law graduates entering the profession, warning that the oversupply has resulted in unemployment and underemployment among young lawyers.
Dr Malila said there is need for innovation within the legal sector to absorb new entrants and ensure the profession remains sustainable.
He called for renewed cooperation between lawyers and judges, anchored in mutual respect and a shared responsibility to uphold judicial independence and ethical standards.
The Bar-Bench Conference is being held under the theme: “A Future-Ready Justice System: Safeguarding Judicial Independence and Ethical Practice in a Changing Legal Landscape.”
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