Chief Justice Muba Malira urges traditional leaders to respect lower and magistrate courts

Chief Justice Muba Malira has called on traditional leaders not to interfere in the administration of justice in lower and magistrate courts in their chiefdoms. Speaking at a seminar on the judiciary and traditional leaders in Lusaka today, Justice Malira addressed reports that some traditional leaders have been sabotaging court decisions that are not in line with their vested interests.

Justice Malira stressed the importance of limiting the judicial powers of traditional leaders to traditional courts. He expressed concern about the lack of respect for the formal judicial process and stressed that such interference undermines the rule of law and the integrity of the judicial system.

In addition, Justice Malira proposed the creation of a body within the House of Chiefs to resolve succession disputes. He highlighted the problems caused by succession disputes, which often lead to the appointment of leaders who are not legitimate heirs.

“We need to develop an institutional framework within the House of Chiefs to effectively deal with succession disputes. This will help ensure that the rightful heirs assume leadership roles, maintain stability and respect traditional governance,” Justice Malira said.

In response to Judge Malira’s comments, Chief Mazimawe, a member of the House of Chiefs, suggested amending the Constitution or enacting subsidiary legislation to integrate traditional courts into the judicial system. He believes that such integration will reduce conflicts between traditional leaders and local court judges and promote a more cohesive administration of justice.

Speaking to journalists, Chief Mazimawe said: “Amending the Constitution or enacting subsidiary legislation to give recognition to traditional courts in the judicial hierarchy will help bridge the gap and resolve conflicts in the administration of justice.”

The Permanent Secretary of the Ministry of Local Government, Nicholas Phiri, has welcomed the proposal by Justice Malira to establish an inheritance dispute resolution body within the House of Chiefs. Mr Phiri noted that the Ministry of Local Government is currently handling about 70 per cent of inheritance disputes, stressing the need for a more structured approach to resolving these issues.

“Justice Malira’s proposal is timely and necessary. The creation of a body within the House of Chiefs to deal with succession disputes will significantly reduce the burden on our sector and ensure a more orderly transition of traditional leadership,” Mr Phiri commented.

The workshop marked an important step towards strengthening collaboration between the judiciary and traditional leadership, aimed at enhancing the administration of justice and addressing the long-standing issues of succession and judicial authority within chiefdoms.