AN INTERVIEW WITH THE MANAGING PARTNER MR. JAMES CHIBALETONDO KALOKONI.

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AN INTERVIEW WITH THE MANAGING PARTNER MR. JAMES CHIBALETONDO KALOKONI.

  • August 6, 2025

Q - SIR, KINDLY TELL US, WHO IS JAMES KALOKONI?

My full names are James Chibaletondo Kalokoni born in a family of 13 children at Nshindaila Village, in Chief Chabula’s Area of Luwingu District of Northern Province. I am named after my late grandfather, the Late Chief Chabula Chibaletondo who was my late father’s maternal uncle. The number of Children soared to 13 because the first 7 were all girls and my Father’s wish was to have sons, I, being the 9th Child in the family. My Father the late Mr. Rabson Chileya Kalokoni was a peasant farmer and a fisherman on Lake Bangweulu, an occupation that he used to raise and educate his children. My late mother Mrs. Essiya Kabengele Kalokoni was also a Peasant farmer and house wife.

Q- KINDLY INFORM US ABOUT YOUR EDUCATIONAL BACKGROUND.

I attended Nsombo Primary School, in Luwingu District and later proceeded to Kenneth Kaunda Secondary School in Chinsali District, Northern Province of Zambia where I completed my secondary school in 1990. In 1991, I was one of the two pupils from KK Secondary school who were matriculated at the University of Zambia and in 1993, I was admitted into the School of Law.   I was conferred with the Bachelor of Laws Degree in 1995. I proceeded to the then Law Practice Institute now ZIALE in 1996 and in the same year, I was admitted to the Zambian Bar specifically on   the 15th of November 1996.

Q- PLEASE TELL US, WHAT MOTIVATED YOU TO STUDY LAW?

I recall experiencing injustice early in life at both nuclear and extended family levels. I come from a family of Jehovah’s Witnesses and after Zambia’s Independence in 1964, many children of Jehovah’s witnesses were expelled from School in the early 1970s for not singing the National Anthem - See the High Court Judgement in the case of Kachasu vs The Attorney General of 1969.  My sisters who were in School at the time, were amongst the pupils expelled from School by Administrative Authorities in those early years.  Therefore, I was the first child out of 13 children to complete Secondary School and later proceeded to UNZA under very difficult circumstances. At extended family level, I was also ostracised by my relatives vociferously arguing that the Watchtower Church, in their view, did not respect education and that is why my siblings were expelled from school and so, I should   not expect to benefit from the sweet fruits of those who went to school adding that the Watchtower itself should be my Saviour. 

I was 16 years old at this time after having left my biological parents in the village at the age of 15.  I grew up in Chimwemwe, Kitwe, where I lived with my aunt, a house wife, who was at least different from the others. She kindly gave me shelter up to my final year at UNZA for which I am still grateful to her as well as to my late widowed older sister, Ba Maggie, who gave me shelter in Matero during some school holidays. Nevertheless, the lack of financial support resulted in untold suffering for me at that young age.  I had to engage in tough jobs on farms, lifting heavy materials such as carton boxes, bags of pig food and concrete blocks in Kitwe, Chingola and Kabwe, which many would consider to be Child labour for my age but I did this in order to assist my parents to raise the school fees for my secondary education as they were by then Senior Citizens.

 At UNZA, the Government gave me 75% sponsorship for which I am still indebted but it was hard for me to raise the remaining 25% and at one time in the law school, my class mates had to come to my rescue. Ultimately, these injustices, deprivations, humiliations and indignities at such an early age, sparked my passion for the legal profession determined to contribute to the welfare of others similarly circumstanced with a view to leaving this world a better place than I found it in a small way.

Q- WHAT ARE THE HIGHLIGHTS OF YOUR PROFESSIONAL CAREER POST ADMISSION?

After graduating from UNZA in 1995, I proceeded to the Law Practice Institute in 1996 where I passed all my courses on the first sitting and I got admitted to the Bar in the same year. Thereafter, I joined Chilupe and Company, a reputable firm for the late Attorney- General Mr. George Chilupe. The firm specialized in Commercial Law Practice and I managed the Litigation Department and my line of work included among others, Corporate, Commercial, Banking and Employment Law practice.

In 1999, I joined Zambia’s Power Utility Company - Zesco Limited to expand my professional horizons, and I served as the Legal Officer in the office of the Company Secretary. Thereafter, I was Seconded to the World Bank Project, dubbed Power Rehabilitation Project (PRP) where I served as Legal Counsel. While working on the project, I was privileged to attend a training program at the Ghana Institute of Management and Public Administration (GIMPA), Ghana, West Africa, where I gained expertise in Works Procurement Management in World Bank-funded projects. This training proved invaluable as it honed my legal skills in rendering legal advice to Management vis-a-vis the undertaken power projects, particularly on the aspects of procurement of works and services.

 In early 2002, I resigned from Zesco with a view to actualising my dream of setting up my own Private Law Firm. In August 2003, the time arrived - Kalokoni and Company was born as a private law firm specialising in Civil Litigation in the areas of employment, energy, mining and natural resources law. In 2013, I went to the Centre for Energy, Petroleum and Mineral Law and Policy, Dundee University to pursue a Master’s Degree in Energy Law and Policy and graduated therefrom with a Distinction. I also hold a Master of Laws Degree in Employment Law from Demontfort University of the United Kingdom and a Diploma in International Energy Law from Kalliopi Foundation of Human Rights in Thessaloniki, Greece.   

Q- THERE ARE SEVERAL PERSPECTIVES ON GREATNESS FOR A LAWYER. IN YOUR VIEW, WHAT AMOUNTS TO GREATNESS FOR A LAWYER IN SOCIETY?

The concept of greatness is multifaceted and can be described in many ways. To many people, the hallmark of a distinguished legal practitioner is measured by material success, such as wealth accumulation, possession of luxury assets such as mansions and posh cars and running a Continental Law Firm. While these attributes are, in themselves, innocent, Kalokoni and Company holds a distinct perspective on greatness. From the Christian perspective, true greatness is achieved when one uses one’s God-given talents, gifts, special skills, possessions, training and privileged position in society to render selfless and humble service to fellow humans, alleviating the suffering of others, helping victims of injustices coupled with a commitment to making meaningful contributions to society, and striving to leave the world a better place than one found it.  This criterion of greatness continues to guide and characterise us in our legal career.

Q- HOW HAVE YOU USED YOUR LEGAL TRAINING TO SERVE OTHERS AGAINST THE BACKDROP OF WHAT YOU EXPERIENCED AS A TEENAGER?

There are several ways in which I have used my legal training to serve others, but I would like to share with our clients a few examples of our humble service to fellow humans and society at large. I will start with the area of Employment Law which is one of my specialities.

WE PRESERVED INVIOLATE THE NATIONAL PROPERTY- MAAMBA COLLERIES LIMITED-(2001)

 The period ranging from 1995- 2010 was a turbulent period in the public sector of Zambia characterised by redundancies, retrenchments, retirements and privatisation of public enterprises in the country. It meant that thousands of employees from the public and parastatal sectors lost their jobs, and that was true of Maamba Collieries Limited, a wholly government- owned enterprise then. As is usually the case when a large group of employees are terminated, the retired and retrenched employees wanted to be paid terminal benefits outside the signed contracts of employment by agitating for the incorporation of allowances into the basic pay for purposes of computing their benefits. Unfortunately for them, there was no single clause in the signed contract which provided for this and under advisement, the company declined to accede to the agitations of the employees resulting in an avalanche of litigation against the company.

The company lost all these cases in the High Court; but with the rigorous legal research we had carried out, we were convinced that the lower courts were wrong and so we appealed to the Supreme Court of Zambia. We carried the day in the Apex Court in all these cases and there was not a single group of retirees which won a case in the Supreme Court of Zambia on the issue of incorporation of allowances into the basic pay resulting in a huge saving   for the people of Zambia as all matters then pending in the lower courts were settled on the basis of the supreme court Precedents. For us, this was the greatest act of service for one’s country.  The huge amounts saved which were in Billions –unrebased-  would have resulted in the liquidation of this national property but we protected it for the people of Zambia.  The majority shares of the company were sold to Nava Bharat of Singapore without any incubus of unsettled judgements as there were none.

 MOFFAT MBANGA V THE ATTORNEY-GENERAL-(2003)

 This was one of the saddest and emotionally draining cases we have ever handled at the firm for an unjustly treated person. This case involved a Tanzanian national, a Mr Moffat Mbanga, who came to Zambia before independence. He was employed by the Government of the Republic of Zambia as a Medical Records Officer until he retired in 1995 upon attainment of the age of 60.  Can you imagine what happened to him? The Government refused to pay his pension benefits on ground that as a non-Zambian, he did not qualify to be employed on permanent and pensionable employment in Public service and therefore, he was only entitled to leave benefits.

My client was emotionally devastated and even plummeted into depression.  I took the matter to the High Court but terribly lost the case- the Judge agreed with the position taken by the Government. Upon losing the matter in court, our client suffered a partial stroke- half of the body became paralysed. He told me that he could not believe that an African Government could treat an African in such a callous fashion. The man’s appearance was utterly heart-breaking. Professionally lawyers are trained to maintain a neutral demeanour, but this case pierced my heart. I took the case to the Supreme Court, and in a remarkable turnaround, the verdict was overturned within just one year - a truly astonishing outcome."

Judgement came out in favour of our client!  Sadly, the damage was irreversible as my client had already suffered a stroke after losing the matter in the High Court.  Fortunately, in 2006, all his benefits were paid to him by the Government for which he was most grateful up to the time of his death.

JOHN CAIAPHAS MUMBA V SOCIETY FOR FAMILY HEALTH-(2005)

In this case a poor driver Mr. John Mumba took a trip to Nchelenge and when he returned, he was called to a disciplinary meeting on allegations that he had submitted fraudulent receipts from a lodge in Nchelenge. He was then dismissed from work. These receipts were never produced or shown to our client.  We took the matter to the Supreme Court and the Court adjudicated that where an employer makes an allegation, the burden of proof is on them to prove those allegations. As it goes, ‘he who alleges must prove”, however, the employer failed to prove the allegations against Mr. Mumba and our client was awarded damages with interest and costs.

JUDITH CHIPANDWE V FINANCE BANK ZAMBIA LIMITED- (2006)

The Bank dismissed its Manager for Kamwala Branch on allegation of causing the bank financial loss in the sum of K135,000 drawn on one Mr Mwale’s account. However, this cheque was above the Manager’s authorisation limit and it was signed by one Mr Ansari, the Branch Manager of Indian origin, but he was not dismissed; only the poor Zambian lady who had nothing to do with the authorisation of this cheque was dismissed from employment. We took the matter to the High Court but the Bank failed to produce the cheque which our client had allegedly authorised and also failed to call Mr Ansari to court to deny that he authorised the cheque. The High Court awarded our client damages with interest and costs for unfair and wrongful dismissal.

 PROTECTION OF EMPLOYEES FROM TOXIC WORK ENVIRONMENTS.

In 2019, I represented CELINE MEENA NAIR V STANDARD CHARTERED BANK.

Madam Celine Meena Nair, a Company Secretary for Standard Charted Bank was a victim of work bullying, harassment and verbal abuse at the hands of the Managing Director.  The employee was accused of things she did not do at all. In the filed court case for Constructive dismissal, at trial, the MD did not come to court to deny the allegations and the Company did not prompt him for a response and so my client was awarded 36 months’ salary for constructive dismissal. Even upon appeal, the Court of Appeal agreed with our arguments that Standard Charted had breached an implied term of mutual trust and confidence and dismissed the Bank’s appeal.

Q- ARE THERE ANY PUBLIC INTEREST LITIGATION CASES WHICH YOU HAVE HANDLED IN YOUR CAREER, AND IF YES, WOULD YOU LIKE TO SHARE THEM WITH US?

In the field of Public Law, we have handled some cases which have resulted in the protection of the public at large. Let me comment briefly on some of them:

PUTTING SMILES ON THE VICTIMS OF INJUSTICE AT THE HANDS OF TRADITIONAL CHIEFS.

  In 2010, a tempestuous wind of expulsion of villagers started in Chief Nyawa’s Chiefdom in Kazungula District of Southern Province.  His Royal Highness expelled the residents of Musuba Village for declining to make financial contributions towards the celebration of the Lwiindi Traditional Ceremony, which involves ancestor worship resulting in the expulsion of those villagers, whose collective conscience did not allow them to do so. This Conscientious Refusal on the part of the villagers to support ancestor worship infuriated his Royal Highness, eventuating into the dissolution of Musuba Village and expulsion of the residents of the village from the chiefdom. We took up the matter on behalf of the victims by commencing a court case at the High Court. In a legal battle which took over ten years in court, the High Court reversed all the chief’s Directives and reinstated the village Headman including all the residents to their village. The erstwhile victims of injustice are happily settled in their village.

 CLARIFYING THE LAW ON THE AMENABILITY OF TRADITIONAL CHIEFS TO JUDICIAL REVIEW FOR VIOLATION OF HUMAN RIGHTS OF THEIR SUBJECTS.

      Are Traditional Chiefs in Zambia amenable to Judicial Review for their illegal actions which violate the human rights of their subjects? There was no case law in Zambia which touched on this issue. We posed this question to the High Court in Livingstone in the case of Amos Musuba v The Attorney-General, and the Court answered this question in the negative- that being traditional leaders, chiefs are not amenable to Judicial Review. We escalated the question to the Supreme Court as there was no local case law on the point.  The Apex court acknowledged that indeed there was no case law in Zambia which touched on this issue. In its Judgement delivered by the late Chief Justice Mambilima, the Apex Court held that Chiefs in Zambia are amenable to Judicial Review for some of their actions which violate the human rights of their subjects. Therefore, the law is now settled in Zambia.

MEDICAL LAW AND THE RESPECT FOR PATIENT RIGHTS. THE HOT ISSUE OF BLOOD TRANSFUSION AND PATIENTS’ RIGHTS IN ZAMBIA

 Medical Practitioners in Zambia are among the most coveted Medical Professionals in the World. Here at home, we adore and salute them for their professional competences, dedication to their Hippocratic oath of saving life and for their self-sacrificing spirit in serving fellow humans. Nevertheless, sometimes, our medical practitioners overstep the boundaries of legality by ignoring patients’ rights. This is what happened in the latest Court of Appeal case of Kachasu v The Attorney-General in which a patient, the late Mr Kachasu, who was one of Jehovah’s witnesses had clearly indicated on his “NO BLOOD CARD” that he did not accept any blood transfusions, on account of the Bible’s command to all true Christians to abstain from blood. His biblical convictions rested on Genesis 9:4- this command was first given to Noah after the global flood, Leviticus 17:10-14 - the command was confirmed and repeated to the nation of Israel because blood represents life, and at Acts 15:28-29, the command to abstain from blood was also given to the first century congregation. When the Senior Doctor attending to the patient, was shown the NO BLOOD CARD, he ignored the patient’s CARD and wrote on it that “he would not be part of the euthanasia”, and went on to transfuse the patient with blood in clear breach of the express instructions of the patient. In the legal battle which ended up in the Court of Appeal, the Court agreed that Dr Manda had breached the law by ignoring the Patient’s clear instructions written on the NO BLOOD CARD.

The law is now settled, namely that any medical treatment given to a patient against their will amounts to assault and battery. We are proud to have played a pioneering role in shaping medical practice in Zambia going forward.

Q- IN YOUR LEGAL CAREER HAVE YOU HAD AN OPPORTUNITY TO WORK IN THE PUBLIC SERVICE?

Yes, I have worked in the public service. In 2012 I was appointed as a Member of the Lands Tribunal of the Republic of Zambia and as its Chairperson from 2016 to 2017. The work involved adjudicating on all Land disputes in the Country. We held sessions in Kitwe, Ndola and Lusaka and the plans were that we would be visiting all the provinces of Zambia. This was truly an enriching experience for me.

CHAIRPERSON-WORKERS COMPENSATION TRIBUNAL

In 2017, when my term of office ended as Chairperson on the Lands tribunal, I was also appointed to serve the people of Zambia as the Chairperson for the Workers Compensation Tribunal. This is a tribunal constituted under the Workers Compensation Act to adjudicate on occupational injuries suffered by the workers in Zambia and awarding compensation. This was also a humbling experience for me.

ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION (ZIALE)

I also served as a lecturer in Law on Stream B which was a pilot programme intended to introduce the University-style of teaching at ZIALE. This involved conducting lectures in Class and Tutorials in the afternoon. It was a successful programme because students performed very well, except that it greatly impacted the finances of the institution and was therefore abandoned. This was also a notable experience for me.

MULUNGUSHI UNIVERSITY

In the academic years of 2021-2022, I also taught   Employment and Labour Law at Mulungushi University on part-time basis and I have forged life-long relationships with my former students.

ZAMBIA INSTITUTE OF HUMAN RESOURCE MANAGEMENT (ZIHRM)

I also wish to mention that since 2016, I have been facilitating Employment Seminars for all HR Practitioners in Zambia. This exercise involves updating HR practitioners on the latest developments in Employment Law ranging from statutory enactments to Judgements affecting HR practitioners passed by the Superior Court in Zambia. This relationship is still ongoing.

Q- WHAT PROFESSIONAL ADVICE DO YOU HAVE FOR YOUNG LAWYERS?

For me true greatness is achieved when one uses one’s God-given talents, gifts, special skills, possessions, training and privileged position in society to render selfless and humble service to fellow humans, alleviating the suffering of others, helping victims of injustices coupled with a commitment to making meaningful contributions to society. We cannot change our past, but our past should not define us today or tomorrow. I always tell young lawyers that pursuit of money should not define a lawyer. Lawyers who have entered the legal profession to make money as a priority are on the fast lane to debarment, they will never last long at the bar; sooner or later they will be removed from the profession. 

The Judiciary in Zambia has taken a zero-tolerance stance to serious professional misconduct on the part of a lawyer especially theft of client’s funds. Lawyers as officers of the court must have a warm and excellent relationship with the court and fellow counsel- you will need help from them at one particular time. Also, lawyers should never take useless cases to court- research around your client’s instructions to get the current thinking of the courts on the particular legal instructions you have received, and only then, should a lawyer take the matter to court.  Throughout my career, I have derived profound satisfaction from contributing to the administration of justice, advocating for those without a voice, and humbly serving others and making a difference in their lives. I have also enjoyed a warm relationship with the courts and my fellow counsel at the Bar.  In doing so, I have found genuine happiness, forged diverse and meaningful connections with people at large.

Thank you Sir for taking time to share your life experiences and more-so these profound legal insights.

You are welcome.

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