DEMOCRACY AND THE JUDICIARY – PART I

THE idea, principle and practice of governance is anchored on the interaction of the Executive, Legislature and Judiciary. Media is a recent addition to this old triangle.Irrespective of the national setting, whether kingdom, religious state or dictatorship, these three structures are generally present.The difference is that in a democracy, these structures are deemed a creation of the electorate and therefore answerable to the people.In the Zambian context, the Executive is a function of the electoral process, Judiciary and Legislature. It is answerable to all three during the life and tenure of any incumbent President.As such, a President can be voted in or out of office – this is the electoral function. The President’s oath of office is administered by the Chief Justice or Deputy as per Article 105(1) of the Constitution – this is the Judicial function.Continually, if a President resigns, he or she writes to inform the Speaker of the National Assembly first and […]