NEW ATTORNEY GENERAL ANNOUNCED

C O N F I D E N T I A L LUSAKA 001602

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/20/2016
TAGS: PGOV PINR ZA
SUBJECT: NEW ATTORNEY GENERAL ANNOUNCED

REF: A. LUSAKA 1407


B. 05 LUSAKA 1612

Classified By: Ambassador Carmen Martinez for reasons 1.4 (b) and (d).


1. (SBU) SUMMARY. President Mwanawasa has appointed Zambia's
Human Rights Commission (HRC) Chairman Mumba Malila to the
office of Attorney General, a position that until now was
held concurrently by Minister of Justice George Kunda.
Malila's nomination received widespread support, based on his
professional qualifications and the perception that he is not
a typical Movement for Multi-Party Democracy (MMD) party
loyalist, but rather an outsider capable of exercising
independent judgment. END SUMMARY.


2. (C) Following his re-election and the naming of his
cabinet last October, President Mwanawasa announced his
intention to nominate someone to replace Justice Minister
Kunda as Attorney General in response to "public demands."
The appointment of Malila, ratified by Parliament on November
16, is a departure from the common practice of combining the
two offices of Minister of Justice and Attorney General. A
well-informed Embassy contact confided to P/E Officer that
the President was unhappy with "problems" that had occurred
when Minister Kunda had served as Attorney General, referring
to Kunda's interference with the prosecution of court cases,
including that of Kashiwa Bulaya (Refs A, B). Civic
organizations, including the Law Association of Zambia,
welcomed the selection, which they believe will grant the
office of the Attorney General greater independence and
efficacy.


3. (SBU) Malila reportedly received unanimous parliamentary
approval and strong recommendations from the Anti-Corruption
Commission, the Drug Enforcement Commission, and Transparency
International. This may be due to Malila's professional
qualifications and his reputation for championing various
human rights causes in Zambia. It may also be due to the
perception that Malila is not the typical MMD loyalist, but
rather an outsider who will be able to exercise independent
judgment.


4. (SBU) Malila, born on April 16, 1964, is a
Cambridge-educated lawyer, known to the Embassy in his former
role as Chairman of Zambia's Human Rights Commission (HRC),a
position he held part-time while running his private law
firm. As HRC Chairman, he was considered committed and
adept. He expanded the HRC by opening up a new office in
Livingstone, but his ability to distinguish himself or
elevate the role of the HRC was limited by the HRC's lack of
resources.


5. (U) In 2002, Malila worked with USAID in his capacity as
Secretary of the Law Association of Zambia (a USAID democracy

SIPDIS
and governance program grantee) to draft legislation for
alternative dispute resolution. Prior to his appointment,
Malila was Commissioner and Special Rapporteur of Prisons and
Conditions of Detention on the African Commission on Human
and People's Rights (ACHPR). Malila has also served as
Vice-President of the Human Rights Association of Zambia.
Although Malila said that he would resign from his duties at
the HRC and ACHPR, the parliamentary selection committee
recommended that Malila be allowed to continue as an ACHPR
commissioner on the grounds that Zambia should not give up
its seat.
MARTINEZ