Be brave, take up unpopular case, Malila urges lawyers
By Charles Musonda
CHIEF Justice Mumba Malila has challenged newly admitted lawyers to take up some unpopular cases as they join the legal profession in a political season when the rule of law is being tested on a daily basis.
Speaking at the lawyers’ call day ceremony in Lusaka, Dr Malila challenged the lawyers to handle such cases with skill and integrity.
“The country has no shortage of laws. What we need are lawyers who will urge the fair application of the law with mettle and valor. We need independent and courageous lawyers now more than ever,” he said.
Dr Malila urged the newly admitted lawyers to work for the nation in advancing the rule of law.
“Lawyers who do not act cravenly and compromised but stand up to defend the rule of law, especially when it is inconvenient to do so. I urge you to be agile and adaptive. Have courage,” Malila said.
He said courage in adjudicating was not shouting at or picking quarrels with decision makers, but humility and respect.
Dr Malila said courage was not telling polite lies to clients in exchange for hefty consultation fees.
“Courage is telling a powerful client the truth, even when they do not want to hear it. Courage is vindicating the presumption of innocence even when the public has convicted the accused on social media. It is arguing the right to bail even when the crowd shouts ‘deny them.’
Courage is acknowledging that human rights belong to all human beings, even the ones we disagree with. Courage is appreciating that if the law is allowed to bend for some, it will break for all,” he said.
Dr Malila said the oath taken by lawyers was not a mere routine recitation on the call day but was deep and solemn.
Dr Malila said the oath was a pledge to uphold the Constitution and to do right to all manner of people without fear or favour.
“Keep that oath when the fee you intend to charge is large and when it is modest; when the client is powerful and when they are weak; when the cause is popular and when it is not; when the judge is right and when he is evidently wrong. Keep the oath anyway. Remember always that the law is not a business. It is a public trust,” he said.
Dr Malila said the Bar demanded competence and preparedness, adding that staying abreast with developments in the law was critical.
