I've nothing to fix at Supreme court, hard pressed judge Chitembwe says

"Let me say this if there are problems. The bible says if there is a problem return it to me and so is the Quran."

In Summary

•He said he understands his colleagues and the institution very well which makes him suitable for the work.

•“I have been in judiciary for 12 years now. I have seen it from the period where it was difficult to have a pen and foolscap to write on," he said when he appeared before the JSC on Monday.

Chief Justice Candidate Said Ibrahim Chitembwe arrives for his interview escorted by Chief Registrar Ann Amadi at the CJ'S garden, Supreme Court building on April 9, 2021.
Chief Justice Candidate Said Ibrahim Chitembwe arrives for his interview escorted by Chief Registrar Ann Amadi at the CJ'S garden, Supreme Court building on April 9, 2021.
Image: CHARLENE MALWA

High Court judge Said Chitembwe was on Monday taken to task to explain why he had nothing to fix at the Supreme Court.

Justice Mohamed Warsame asked Chitembwe why he had nothing to fix if he was appointed the Chief justice.

This was after acting CJ Philomena Mwilu asked Chitembwe what he was going to fix when appointed.

"What is that one thing that as the president you are coming to fix and how are you going to fix it?"Mwilu asked.

But Chitembwe said he had nothing to fix since he had not been a Chief justice before.

"I know that the office is vacant and I am not seeing any problem that needs to be fixed. I have never sat there to see any inside problem maybe infighting of judges," he said.

"I am not going to say I am going to fix this. I will only fix backlog of cases. "

After a few minutes, Warsame was asked to take over the questioning after Mwilu.

Warsame welcomed the judge and asked Chitembwe why he thought there was no problem at the Supreme Court.

Justice Chitembwe, 54, was the first to face the panel on Monday and has 29 years experience in the legal profession.

"You don't think there is a problem to be solved?" Warsame asked.

But Chitembwe said :"Let me say this, the Bible says if there is a problem return it to me and so is the Quran."

Commissioner Warsame said, "In your view there is no problem in terms of perception, delayed judgment for you to settle?

" I don’t like beating about the bush, perception will always be there how do you please perception," Judge Chitembwe said.

But Warsame asked him on the jurisdiction of court in terms of criminal law, election petition and if they had been settled 10 years down the line.

"There has been dynamics," Chitembwe said.

Commissioner Warsame said, "Has the jurisprudence to jurisdiction on arbitration, election matters and criminal matters been settled?"

Judge Chitembwe responded, "I can’t say it has been settled. It is not a problem in the sense that a similar problem will come and the judge will stick to their decision so what do you do? I am not a magician, I won’t tell judges why did you decide like this? It doesn’t work like that."

Appearing before the JSC on Monday, Chitembwe asked JSC to appoint him CJ because he understands what judiciary requires having worked there for 12 years.

He said he understands his colleagues and the institution very well which makes him suitable for the work.

“I have been in judiciary for 12 years now. I have seen it from the period where it was difficult to have a pen and foolscap to write on," he said when he appeared before the JSC on Monday.

"I have seen what my predecessors have done. Judiciary needs one who is energetic and resourceful. One who appreciates the competences of colleagues.”

Justice Chitembwe who is the first of the ten candidates to be interviewed for the position said that as leader he will not impose himself on the people.

“I am not here to tell you I am charismatic leader like the likes of Napolean who people follow what he says…. I will be a people centered leader whereby you use the energy and experiences of those you work with to transform the institution,” he said.

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