Written by Mr. Sydney M Matamwandi and Mr. Matongo Matamwandi.
………….A UNIQUE JURIST, DISTINGUISHED SCHOLAR, ACCOMPLISHED PUBLIC SERVANT AND INTERNATIONAL HUMAN RIGHTS LAWYER
On the recommendation of the Judicial Service Commission, Zambia’s President Hakainde Hichilema, announced on 17th November the appointment of Supreme Court Justice Dr. Mumba Malila SC, as Chief Justice, subject to ratification by National Assembly. The date of the announcement was a pleasant coincidence; it was the 32nd anniversary of his admission to the Zambian Bar. Dr. Justice Malila succeeded Mrs. Justice Irene Chirwa Mambilima, who died on 20th June 2021. The nomination of Dr. Justice Malila to the helm of the Judiciary was greeted with bipartisan enthusiasm from politicians, and received favorable commentaries from the legal fraternity, the press and the public at large. He has been described as immensely qualified, appropriately experienced, adequately exposed, reasonably sober and a jurist of unique intellectual predisposition and requisite leadership. He happens to be a unique lawyer who has had a 360-degree professional experience, having worked in academia, in government, in private practice and on the bench.
Who is Justice Mumba Malila?
1. Early Childhood and Private Life
Dr. Justice Mumba Malila is a Zambian lawyer who has served as a Judge of the Supreme Court of Zambia, Attorney General of Zambia, Company Secretary for a number of private corporations, international Human Rights Commissioner, and researcher and lecturer of commercial law at the University of Zambia (UNZA). He was appointed as Supreme Court Judge by the then late President, Michael Chilufya Sata and has served on the bench since 2014. On 17th November 2021, President Hakainde Hichilema appointed Justice Malila as the 9th Chief Justice of Zambia (the 5th indigenous Zambian), to succeed the late Mrs. Justice Irene Mambilima.
Dr. Justice Malila was born in Lusaka on April 16, 1964 to the late Norman Malila and late Alice Kaseba. A few months prior to his 5th birthday in 1969, he was enrolled in Grade One at Matero Primary School, in Lusaka. It is purely a coincidence that the late Chief Justice Mambilima went to Chingwele Primary School in the same area, also in Matero Township. On account of young age and poor performance, the young Mumba was made to repeat Grade 4 in 1973. The following year, in 1974 he transferred to Shantumbu Primary School for his Upper Primary School. He sat for Grade 7 examination in 1976 and failed. He repeated the following year and passed.
In 1978, he was accepted in Form 1 (Grade 8) at Kafue Boys Secondary School, a mission boarding school of the United Church of Zambia (UCZ). The five years, 1978 – 1982, spent in a mission school under the strict tutorage of mostly Methodist missionaries helped shape his character and identify his skills and interests. Dr. Justice Malila enjoyed reading the Bible, writing and public speaking at Kafue Boys. At senior secondary school level, he got respective prizes for best performances in Religious Education and Literature in English. His talent for writing was recognized earlier and he joined the Editorial Board of the school magazine, the Kafue Reflector. He also served as a member of the Arts Club, an opportunity that helped him build confidence and public speaking abilities – skills that would later help to shape his career as a law lecturer, editor, courtroom attorney and jurist.
Dr. Justice Malila is widowed, but a father of four, aged 26, 23, 16 and 13 respectively. He is a member of the United Church of Zambia and congregates at Trinity Congregation in Lusaka. He has held various portfolios within the church including Synod Chairperson of the United Church of Zambia Board of Trustees. When not practicing law, Dr. Justice Malila is a livestock farmer on a part-time basis. In his free time, he jogs, plays golf, table tennis and occasionally watches soccer. He is a reasonably open and friendly person who is loyal to old friends and acquaintances. He is well-read on a wide variety of subjects, including in science, economics, climate change and international relations. He is an active member of the Kafue Old Boys Association (KOBA) and an honorary member of the Lions Club of Fairview, in Lusaka.
2. Professional and Academic Credentials
Dr. Justice Malila read law at the University of Zambia (UNZA) from 1984 to 1987, graduating with a Bachelor of Laws (LLB) with a merit. During his law studies, he was an exceptional student who was a recipient of many awards, including: the Kwamena Bentsi-Enchill Memorial Prize for the best third year student at the UNZA in 1986 and the Law Association of Zambia Prize for the best student in Jurisprudence at the UNZA in 1987. Due to his consistent high grades and outstanding performance, Malila was often selected to represent his school in competitions locally and abroad. The most indelible opportunities for excellence and exposure included: being one of the two Zambian student representatives selected to participate in the 29th Philip C Jessup International Law Moot Court Competition held in Washington DC in 1988; and being one of the two Zambian student representatives selected to participate in the Central and Southern Africa International Law Moot Court Competition held in Gaborone, Botswana in 1987 as student representative from UNZA where Zambia won the first prize.
Dr. Justice Malila credits Kafue Secondary School for shaping his character, UNZA for building his intellect, and Human Rights Commission for influencing his worldview and creating his international networks. Among the memorable mentors he met at UNZA were eminent intellectuals like late Dr. Joshua L Kanganja, late Dr. Robert Mushota and Professor Oliver Saasa, personalities that would later serve the country in prominent roles. While at UNZA, Dr. Justice Malila also built many useful and lifelong networks. His contemporaries would include Kitwe High Court Judge, Abha Patel SC, Public Protector Caroline Zulu-Sokoni and Copperbelt University Lecturer Dr. Patricia Shansonga-Kamanga.
Upon graduation from UNZA in 1988, Dr. Justice Malila enrolled to the Law Practice Institute (now the Zambia Institute of Advance Legal Education – ZIALE). For years, ZIALE has a reputation for extremely low pass rate but Dr. Justice Malila managed to clear all the subjects in the first sitting. He was subsequently admitted to the Zambian Bar as an Advocate of the High Court of Zambia on 17th November 1989. In the same year, 1989, Dr. Justice Malila obtained his Master of Law degree (LLM), from the University of Cambridge in the United Kingdom, specializing in Commercial Law and Law of Civil Liberties. University of Cambridge is ranked in the top 5 universities in the world with great names in the history of arts and academics which include names such as John Milton, Charles Darwin, Stephen Hawking and Prince Charles of Wales.
Over the course of 30 years, Dr. Justice Malila continued to study and obtained a number of professional and academic qualifications. The most prominent qualifications include a second Master of Laws (LLM) specializing in International Business Law, from the University of Cumbria in the United Kingdom, obtained in 2019; a Doctor of Laws (LLD), specializing in Human Rights Law, from the University of Pretoria in South Africa, obtained in 2017; a Diploma in International Commercial Arbitration with the Chartered Institute of Arbitrators of the United Kingdom; a Certificate of Competence in Stockbroking, obtained in 1995; and Certificate in International Human Rights from the International Institute of Human Rights, Strasbourg, France, obtained in 1991.
3. As Legal Practitioner and Corporate Governance specialist
Dr. Justice Malila started as a part-time legal practitioner at Messrs. Christopher Russell Cook and Company from 1989 to 1993 during the time, he was a full-time employee of the University of Zambia as a member of the lecturing staff. Between 1993 and 1996 he ventured into the corporate world and worked as Legal Services Manager for Meridien Financial Services, advising the Meriden and Chibote Group of Companies. Following the collapse of Meridien Bank and related companies he became the Company Secretary and Legal Counsel for Emerging Market Investments group of companies. In 1996, Malila went back into private practice as he founded Phoenix Partners, which later was renamed Mumba Malila and Partners law firm. He also served as Company Secretary for Lusaka Stock Exchange and Zambia Ceramics between 1996 to 1999.
His leadership experience includes serving of Boards of Directors locally and internationally. These include Law Development Commission, SADC Lawyers’ Association, Women and Law in Southern Africa, National Council for Construction, Zambia Railways Limited and Law Association of Zambia as Honorary Secretary and them as a member of the Legal Practitioners’ Disciplinary Committee
4. As Legal Scholar, Tutor and Mentor of Law graduates
Dr Justice Malila started his formal and permanent job as a member of the full time Lecturing Staff at UNZA in the School of Law in 1989 and until 1993. He taught a number of undergraduate courses and public international law to postgraduate students. During this period, he also served as Board Secretary of the Zambia Law Journal (1990-1991) and Business Associate Editor of the Zambia Law Journal (1992-1993).
In 2002, he returned to UNZA for a second tour of duty until 2006. During this time, he taught a number of undergraduate courses and supervised many research projects and dissertations. Among other notable duties he performed include Member of the Editorial Board of the Zambia Law Journal, Editor of the Journal of Law and Social Sciences, Coordinator of Research, Assistant Dean for Postgraduate Studies and Chairman of the Board of Discipline.
In 2010, Dr Justice Malila returned to Unza for the third tour. He continued to teach, research and supervise academic works until 2011 when he was appointed as Attorney General of the Republic of Zambia.
At UNZA, Dr Justice Malila was known for thoroughness in teaching, comprehensiveness of assessment and strictness in marking – students needed to grasp not only the principles of law but also to demonstrate proficiency in writing in correct grammar. His tests were never easy to pass for the inadequately-prepared and the less attentive to detail. His strictness earned him the nickname of Mr. Mumba “Malicious” among law students. Dr Justice Malila was also an associate tutor and marker at ZIALE.
A number of serving judges of the High Court, Court of Appeal, Constitutional Court and Supreme Court of Zambia are his former students at UNZA and ZIALE. Some of Dr Justice Malila’s notable former students are former Director of Public Prosecutions, Mutembo Nchito SC, former Attorneys General Abyudi Shonga SC, Likando Kalaluka, current Director of Public Prosecution Lillian Shawa Fulata-Siyuni, former Solicitor General Abraham Mwansa and over three quarters of the current crop of Judges of the High Court, and some judges in each of the Court of Appeal, Constitutional Court and Supreme Court, former Law Association of Zambia presidents Stephen Lungu SC and Hon George Chisanga MP, and former Police Inspector General Mr. Francis Musonda and former Police Deputy Inspectors General Dr Solomon Jere and Mrs. Charity Katanga
5. Public Officer as Attorney General
Dr Justice Malila served two tours of duty as Attorney General. In 2006 President Levy Mwanawasa appointed him Attorney General and served until 2009. In 2011, President Michael Sata again appointed Dr Justice Malila as Attorney General and served until 2014 when he was appointed Supreme Court Judge.
As per constitutional mandate, he was Chief Legal advisor to government, ex-officio of Cabinet, leader of the Zambian Bar, Chairperson of the Anti-money Laundering Authority, Chairperson of the Council of Advanced Legal Education, member of the Judicial Service Commission and a member of various boards of statutory institutions, including Zambia Procurement Authority and Citizens Economic Empowerment Commission.
In his first stint as Attorney General, he was quite inundated with complex legal landmines. These included: the fight against corruption and the cases against the former President, in a foreign jurisdiction, in London; the brewing litigation over mining concessions, Development Agreements and taxation policy for the mining industry in Zambia; and constitutional provisions on the death of a sitting President. In all these complex situations, Dr Justice Malila and the Attorney General’s chambers managed to provide the necessary legal advice that averted constitutional or legal crises.
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6. The Bench and Judicial Philosophy
Dr Justice Malila was nominated to the Supreme Court of Zambia by President Michael Sata, in 2014. He had no prior position in the judiciary as a judge or magistrate, but possessed a great deal of quasi-adjudicative experience, including having served as member or chairperson of various disciplinary committees: University of Zambia Senior Staff Tribunal, Judicial Service Commission’s Disciplinary Committee, Legal Practitioners’ Disciplinary Committee, and the Zambia Law Development Commission’s Disciplinary Committee. He also served as an Arbitrator in many disputes and served as an adjudicator, with other Commissioners of the African Commission on Human and Peoples’ Rights in various human rights cases brought before the Commission against AU Member States, where they heard parties, witnesses and delivered rulings.
Since his appointment to the Bench, Dr Justice Malila has served in other administrative positions as well. These include: as Chairperson of the Editorial Board of the Zambia Law Reports (2014-2016); as Chairperson of the Committee on the operationalization of the Constitutional Court and the Court of Appeal (2016), and as Chairperson of the Advisory Committee on Court Operations (2016 to 2021).
On the bench, Dr Justice Malila is considered an extremely independent, courageous, analytical and exceptionally intellectual judge. Whenever he holds a different opinion, he has never shied away from giving a dissenting view. He has won the respect and confidence of other judges and has never turned down requests to be the author of many judgements of the Court. His exceptional writing skills and research acumen have tremendously lifted the quality of written judgements.
Despite not having been long on the bench, Dr Justice Malila’s judicial philosophy is clear from the ideas and ideals articulated in his numerous written works, his public speeches, the values implicit in his pattern of decision-making, as distilled from the decided cases and ideas attributed to him by others, especially his former students – most of them serving as jurists in Zambia. Dr Justice Malila firmly believes in judicial independence; he has often argued that any move to undermine judicial independence – directly through appointment by politicians of aligned judges, or indirectly through cutting back of financial support or using political proxies in the media to harass judges – undermines the effectiveness of the court. He also argues that the words and public actions of leaders can help build or damage the effectiveness and delivery of justice. Leaders that publicly undermine the law, including failure to follow basic laws or making public pronouncements that trump on human rights of others, particularly minorities, children or women leaders undermine justice.
Dr Justice Malila understands the judiciary to be an institution that ought to invoke the confidence and respect of the public. That respect must substantially depend on the independence and integrity of individual judges and judicial officers. He acknowledges, regrettably, that some pockets of the Zambian society, including politicians, civil society organisations, lawyers, clergymen, litigants and accused persons, have not always concealed their shrinking faith in the Zambian Judiciary as a trustworthy sanctuary for the vindication of those principles which are prized in any true democracy, namely truth, justice, fair play and equality before the law. Rightly or wrongly some members of the public have accused the judiciary of failing the Zambian people in its role of impartial adjudication and resolute constitutional guardianship; that the Judiciary has in some instances been complicit in undermining the rule of law and entrenching a culture of impunity.
Dr Justice Malila, hence, believes that an effective court is one where judgements are not delayed, either due to adjudicators’ lack of pace or unnecessary adjournments, and verdicts are premised on law and not common sense or public opinion or political imperatives. He emphasizes that in a case law jurisdiction, like Zambia, a verdict of today becomes a de facto statute of tomorrow; therefore, it is the most important duty of a judge to pass a good judgement and write it so well that it does not become a source of confusion in future. He encourages adjudicators to guard against inefficiency and ineffectiveness, either perceived or real, that dampen the people’s confidence in the judiciary, including substandard judgments which occasionally lack in clarity and are poorly articulated; the indiscreet use of authorities and the evident failure, in some cases, to keep on top of developments in the law. According to Dr Justice Malila, adjudicators must consciously avoid placing themselves in situations where they give judgments which, owing to obvious uncertainties or want of finality in their import, open doors for speculation and further litigation, or decisions which are inconclusive in their orders, or which contradict the judiciary’s own existing precedents or are a clear affront to common sense and inconsistent with logic, or which are, for that matter, unimplementable and, even less, judgments that go against clear provisions of the written law. It his considered view that adjudicators must ensure that judgments are properly motivated. According to him, that an improved effectiveness to work on the above concerns is the only way judges and judicial officers can contribute to uplifting the actual and perceived integrity of the judicial process.
He is also quite demanding from attorneys appearing in courts; he has never shied away from rebuking unpreparedness and timewasting among lawyers.
As Chief Justice, he aims at building on the works of his predecessors to continue to expand, modernize and equip court infrastructure across the country to ensure that justice is available, affordable and timely to all citizens. He envisages to expedite the devolution of Court of Appeals in provincial centers and the progressive transformation of Local Courts into courts of record, as well as the positioning of resident judges in each of the provincial capitals in Western, Eastern, Northwestern, Northern, Muchinga and Luapula Provinces, which presently do not have them.
In regards to supervision of judicial officers, Dr Justice Malila promises to actively and passionately carry out the responsibility entrusted in the Chief Justice under Article 136 of the Constitution to ensure that judges and judicial officers perform the judicial function with dignity, propriety and integrity; that they perform their responsibility without fear, favour or bias. Further, he promises to seriously attend to the view that impunity and unaccountability may have taken root among some adjudicators under the guise of judicial independence; the Judicial Code of Conduct Act, institutions such as the Judicial Complaints Commission will be utilized more effectively to prop up discipline and efficiency
Dr Justice Malila’s political alignment is difficult to discern. He is a believer in constitutionality and human rights, but no further political ideology or partisan bias is detectable in him. His pattern of decision-making shows his bias towards respect for precedent, concern that decisions must be grounded in the contextual provisions of the constitution, effort must always be put to set precedents that improve the work of future adjudication, and a clear balance must always be struck between order and liberty.
7. Human Rights and International Assignments
In 2004 President Levy Mwanawasa appointed Dr Justice Malila as Chairperson of the Human Rights Commission. The appointment was unanimously ratified by National Assembly. He served in that role until 2006 when he left to take up the role of Attorney General. Later, on the nomination of the Zambian government, Dr Justice Malila was elected by the Assembly of Heads of State of the African Union as one of the eleven Commissioners on the African Commission on Human and Peoples’ Rights. He served in that role until 2011. During that period, he held a number of portfolios on the commission, including Vice Chairperson of the Commission from 2009 to 2011; member of the Committee for the Protection of the Rights of People Living with HIV and Aids in Africa from 2010 to 2011; Special Rapporteur on Prisons and Conditions of Detention in Africa from 2005 to 2009; Chairperson of the Working Group on Extractive Industries and Human Rights Violations in Africa from 2009 to2011; member of the Working Group on the Death Penalty in African from 2009 to 2011; and member of the Working Group on Indigenous Peoples and Populations in African from 2007 to 2011.
As Chairperson of the Human Rights Commission of Zambia, Dr Justice Malila spearheaded the expansion program for the Commission which saw the opening of provincial offices on the Copperbelt Province, Northern Province, Western Province, Eastern Province and Southern Province. He is also credited for engaging Government to allow the Commission to operate within the Paris Principles and was successful during his tenure in getting the Commission to attain accreditation status ‘A’ which is the highest status possible granted by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights.
As Rapporteur on the African Commission on Human and Peoples’ Rights, Dr Justice Malila was responsible for drafting and presenting rulings on matters involving citizens or institutions against respective states, including: Angola, Botswana, Ethiopia, Ghana, Kenya, Malawi, South Africa and Zimbabwe.
Since 2020, Dr Justice Malila has served as a Member of the Geneva-based United Nations Working Group on Arbitrary Detention appointed by the UN Human Rights Council. Back home, he served as Vice President of the Human Rights Association of Zambia between 2002 and 2004. As from 2006, Dr Justice Malila serves on the Editorial Board of the Lagos Journal of Human Rights.
8. As Local and International Consultant
Dr Justice Malila has been engaged as a consultant on many high-profile local and international assignments over the past 30 years. These included: consultant for PTA Secretariat on trade and investment laws in Zimbabwe in 1991; consultant for, on behalf of Coopers & Lybrand, Ministry of Information to review media privatization in 1992; expert commissioned by the Frederick Ebert Stiftung Institute to review the business laws of Southern Africa in1992; one of the four lawyers commissioned by USAID to look at existing legislation in regard to required amendments to accommodate alternative dispute resolution in 2002; consultant for the Oasis Forum to review and advice on the bill of rights and related legal issues to promote human, gender and children’s rights in 2004; one of the three experts commissioned by African Commission on Human and Peoples’ Rights to review the death penalty in Africa with possibility for abolition in 2010.
9. Publications and Presentations
Dr Justice Malila is a distinguished researcher and an authority on commercial law and human rights law. He has authored, published and presented over 100 works, available to local and international audiences. He is an author of three theses, defended at UNZA in Zambia, University of Cumbria in the United Kingdom and University of Pretoria in South Africa entitled the Pitfalls of Judicial Support for International Commercial Arbitration, Rethinking the UNCITRAL Model Law on International Commercial Arbitration” and “the Place of Duties in International Human Rights Law: Perspectives from the African Human Rights Protection System respectively. Dr Justice Malila is the sole author of four books: Commercial Law in Zambia: Cases and Materials (2006), Commercial Law in Zambia: Essential Texts (2005), Imperfect Ruminations Rooted in Hope (2016), and The Contours of a Developing Jurisprudence of the Zambian Supreme Court (2015). He is also a co-author of three books, including Malila and Ng’ambi on Contracts (2010), Introduction to Law of Business Associations in Zambia (2019), and Company Law in Zambia (2021).
He has contributed chapters to some books published in Zambia, Kenya and South Africa, including Discrimination and the Law in Post-Apartheid South Africa (1994), Law and the Struggle for Democracy in East Africa (1996), Between Rights and Responsibilities: A Fundamental Debate (2016).
Dr Justice Malila has written over 20 peer-reviewed scholarly articles published in international journals. He has also written and presented over 30 papers on governance, commercial law and human rights at local, regional and international conferences.
10. Other Awards and Honors
Dr Justice Malila has had a distinguished career as a scholar, public officer, community leader and is international authority on human rights. In December 2008, he was conferred with the title of State Counsel (the Zambian equivalent of UK’s Queen’s Counsel) in recognition of distinguished practice and excellence at the Zambian Bar, by President Rupiah Bwezani Banda. Dr Justice Malila has also received many other awards in recognition of excellence and distinguished public service. These include Cambridge/Livingstone -ODA Scholar recognition (1988/89), Fellow of the Cambridge Commonwealth Society, Scholar of the Katholieke University, Lueven, Belgium, and Transparency International Zambia Recognition Award (2011).
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Disclaimer and Acknowledgements
This profile is written by Mr. Sydney M Matamwandi and Mr. Matongo Matamwandi.
The profile of His Lordship, the Chief Justice of Zambia, Dr Justice Mumba Malila, is an initiative of volunteers from the members of his former school, Kafue Old Boys Association (KOBA) who wanted to tell his story from the perspective of his friends.
The views expressed in this write-up don’t represent the official position of the Chief Justice, but those of the authors whose story is based on research, interviews and contributions from friends, former and current workmates, former students and former clients of Dr Malila. Any Omissions and/or errors in the presented text are fault of the authors.
Special acknowledgement to
Mr. Enias Chulu of Enias Chulu Legal Practitioners in Ndola, Mr. Caristo Mukonka of Caristo Mukonka Legal Practitioners in Ndola for contributing part of the institutional memory as senior members of the Zambian Bar.
Mrs. Martha Kashala-Tembo, a senior legal practitioner based in Ndola for both proofreading this text and providing some useful insights of Dr Justice Malila, from the perspective of a former student at UNZA.
© December 2021
