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Chief Justice advises traditional leaders to settle succession disputes outside court 

Chief Justice Mumba Malila has urged traditional leaders in the country to consider setting up an institution within the house of Chiefs that can resolve traditional disputes especially succession disputes rather than in court.

Dr Malila said courts sometimes take long to dispose of cases and ruling may negatively affect the succession hierarchy and in some cases a wrong person may be endorsed and installed by the courts.

The Chief Justice said the consultation meeting is critical because the judicial and traditional justice systems in the country have to complement each other for effective delivery of justice to all citizens.

ZANIS reports that Dr Malila was speaking today during the interactive consultation meeting between the Judiciary and the traditional authorities held in Lusaka.

Dr Malila outlined the main distinctions between traditional justice systems and judicial systems and appealed to traditional leaders to avoid interfering with the judicial court processes in their chiefdoms especially at local court and magistrate levels. 

He regretted reports received by court officers in chiefdoms of interference in court proceedings and rulings by traditional leaders, adding that some of which have gone as far as some traditional leaders issuing witchcraft threats to courts officials.

Dr Malila cited customary land disputes as some of the major causes of conflict between the court and traditional justice systems and recommended that the two should stick to their mandate as espoused in the constitution to avoid conflict in this regard.

The Chief Justice warned that interference in court proceedings could lead to content of court charge which he said could be unfortunate for traditional leadership to be found wanting.

And speaking on behalf of the Chiefs, Chief Madzimawe of the Ngoni people in Kasenengwa District has welcomed the suggestion by Chief Justice to form an institution to handle traditional disputes.

Chief Madzimawe said the consultation meeting between the Traditional leaders and the judicial officials is very critical as it will provide an opportunity for the two parties to harmonise their concerns and come up with suggestions and solutions to challenges raised.

The traditional leader added that the reports on interference by some traditional leaders could be true and are being addressed by the house of Chiefs.

Chief Mazdimawe has however shared that some local court officers in some areas have also been in the habit of interfering with the traditional rulings especially in matters of land disputes and expressed confidence that the consultation forum will help iron out such issues.

He has since made an appeal to government to consider infusing the traditional courts in the judicial systems for recognition.

Meanwhile, Local Government and Rural Development Permanent Secretary for Technical Services Nicholas Phiri says the creation of an independent system to resolve traditional disputes will help with the Ministry as it has had to deal with succession wrangles many times.

The consultation meeting has drawn participation from the judicial offices across the country and traditional leaders representing different regions of the country.