LUSAKA lawyer Kelvin Hang’andu has joined the petition by Simeza, Sangwa and Associates asking the High Court to order Chief Justice, Ernest Sakala and Supreme Court judge, Peter Chitengi to vacate their offices.
Mr Hang’andu said in a letter to Mr Sangwa and copied to the attorney general and Law Association of Zambia (LAZ) that he was interested in the matter because of what he called the grave constitutional question involved in it.
Mr Sangwa on Tuesday filed an affidavit in the Lusaka High Court asking Mr Justice Sakala and Mr Justice Chitengi to vacate their offices which they allegedly occupied illegally because they had reached retirement age.
“We formally express our interest and desire to appear as amicus curiae (friend of the court) in the punitive legal action against the Attorney General concerning this matter,” reads part of Mr Hang’andu’s letter.
He stated that his chambers wished to seek an extraordinary general meeting of LAZ to press for an in-depth investigation into the matter and determination whether the matter alleged stood as facts.
Mr Hang’andu stated that his chambers felt that every advocate of the High Court and in particular practitioners enjoying audience rights in the Supreme Court was affected by the status quo.
[Times of Zambia]
Good for nothing busy body.Why did he not raise this issue when Nyangulu then on contract rightly suspended him or when his appeal was heard by Judges on contract.And how does LAZ consider the matter when it is still before the High Court.
VIVA Han’gundu. This is a fertile ground to impeach RB. Allowing Chief Justice to hold on office at post retirement age is not in the interest of the Zambian people as it is agains there wish as stated in the constitution.
Nkhani yalula wpya muzi
Is it not ironic that it is Zamtroopers who unleashed the hounds on Justice Sakala?
Yazanda….this good , Its only us Zambians who can bring order in the judiciary. Its our judiciary and not for MMD and its thieves. Let us protect the constitution from being continuously raped by the MMD. Viva Hangandu, hope more will join in this saga.
Impeach Levy not RB
Gentlemen, i would like to know when Enerst became the chief justice? am at pains trying to connect between levy , the contract, ratification and the retirement age of 65. just when did this chap who seems to be impeding zambias democracy by inaugurating less popular presidents begin his term as CJ?
Following “We formally express our interest and desire to appear as amicus curiae (friend of the court) in the punitive legal action against the Attorney General concerning this matter” by Mr Hang’andu, I am appealing to Chief Justice E. Sakala and Justice Chitengi to resign on moral grounds instead of putting the Nation in an agitated mood for the sake of progress.
Also, I am asking Mr President to realise the should we have another President soon, it will be difficult to appreciate the OATH done.
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1 Peter 5 + KJV Bible
8 Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour:
9 whom resist steadfast in the faith, knowing that the same afflictions are accomplished in your brethren that are in the…
Following Also, I am asking Mr President to realise the should we have another President soon, it will be difficult to appreciate the OATH done. In fact, all courts of law are now under question as they seem illegal due to the said illegal occupation of Chief Justice E. Sakala at the helm of the Judiciary — as they claim it is independent from the Ministry of Justice under Minister and Vice President George Kunda.
Therefore, Zambia is currently under no leadership which inspires the Nation.
Be blest.
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1 Peter 5 + KJV Bible
8 Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour:
9 whom resist steadfast in the faith, knowing that the same afflictions are accomplished in your brethren that are in the…
Just to follow in probably the lines #6 has taken, can the lawyers — Sangwa and Hang’andu — inform me as to when exactly this said illegal Chief Justice Enerst Sakala became 65 years old. This might be interesting as to may be Mr President RB Banda was sworn in to the Zambian Presidency by an illegal man in the highest Judiciary office. Also, may the lawyers explain what happens in such a circumstance where an illegal Chief Justice swears in a Zambian President?
Honest answers to these should be considered.
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1 Peter 5 + KJV Bible
8 Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour:
9 whom resist steadfast in the faith, knowing that the same afflictions are accomplished in your brethren that are in the word.
#9. It means the swearing in was a nullity.
Are we heading for a Constitutional crisis?
If the the Holder of Office of Chief Justice is proven to have held the Office illegally, would it therefore mean that all oaths administered under their hand are null and void, meaning that the President is Holding office illegally, as pointed out by Maestro Hakucincha above?
This matter is becoming even more juicier. Can the legal minds please advise.
The chief Justice should have known this or did he get a law degree through night school or what? Maybe he is part of animal farm we seen develop in Zambia. 4 legs good 2 legs bad etc. We have a big problem in Zambian politics because we do not have intelligent and wise leaders or are they scared to come out in the open. Then most of the voters do not understand anything and this makes matters even worse. I feel that the 27 years and so of the rule of former dictator Kenneth Kaunda have affected a lot of people from the old school and I do not think this will ever change. We need a new generation of politicians to move our country forward. We need leaders who understand democracy, economics etc. Leaders with the interest of Zambians at their hearts not all these clowns. Kwena ku sebana uku
#11 it would mean precisely that. In law once procedures that are mandatory are ignored then any decisions made are null and void. I do not know whether there are celebrated cases the opposition lawyers can use as precedents in their arguments.
If the law stipulates that the extension of the contract of the chief Justice or any Supreme court Judge shall be subjected to ratification by parliament then the opposition have a strong case as this is mandatory.
Sorry my response was to you # 12 and not #11
Due to the Status quo of the Chief justice and the judiciary rampant corruptions!!!, All Zambians should declare themslevs free of this corrupt Juidiciary and demand for it to be removed with immeditae effect..Lupiya Banda has proved us correct again that at 73+ is serious demented and not fit to hold office of the presdient.
Looking at the articles below there is a case, as it is mandatory that Parliament has to ratify the word “shall” compels this to be done. This is a very big issue
Article 95(1) states that High Court judges shall, subject to ratification by the National Assembly be appointed by the President on the advice of the Judicial Service Commission.
Article 93 on the other hand states that: (1) the Chief Justice and the Deputy Chief Justice shall, subject to ratification by the National Assembly, be appointed by the President. (2) The judges of the Supreme Court shall, subject to ratification by the National Assembly, be appointed by the President. There is a very serious anomaly in this case. Very interesting indeed
#16 I totaly agree with you it is time to start correcting issues
16 Muvwela With respect to your “Lupiya Banda has proved us correct again that at 73+ is serious demented and not fit to hold office of the presdient“, I remember Mr President’s own quoted words that sleeping is what you (Zambians) get for electing a very old an to be your President. The sad part is that Zambia has no one to make bold decisions either because of sleeping or trying hard to maintain people from Eastern Province where he comes from in strategic positions to continue ruling.
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1 Peter 5 + KJV Bible
8 Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour:
9 whom resist steadfast in the faith, knowing that the same afflictions are accomplished in your brethren that are in the word.
There is a very serious problem in our country which needs a WAKE UP CALL to all well meaning Zambians. a corrupt accused person is the one to alert the nation that the judge presiding over their case is illegally in office while the rest of the country sleeps, if there was no corruption case, then there would be none asking about the legality of the judges as they impose on us illegal presidents. n way it only calls for an illegal judge to preside over the annointing of another illegal president. time is almost catching up with them, we are watching patiently.
#20 It is because there is no system that functions in our country. We have no system and this the truth. In countries where the system functions such matters would have been delt with a long at appropriate times. The chief Justice himself should have raised this issue, he knows his age better
I believe we have a serious crisis of confidence in Zambia at the moment. The Executive and the Judiciary do not inspire confidence at all. They have lost legitimacy and should therefore step aside. I cannot believe the speed with which RB has taken our country backwards in our political democracy. This is arguabley the worst government ever, considering how quickly they have poisoned institutions of government. I hope that any shu shu shus monitoring this site pass on the message to your superiors, it is in their best interest to even pretend they are a good government and that they are competent. It can only end in disaster for RB.
22 continued. Having said that, we the Zambians are to blame 100%. If we are not happy with our leaders, lets remove them, simple as that. They can choose to go the easy way, or the hard way, but go they must go. Why do we tolerate such mediocrity?? We must stop this nonsense of being “humble” and “peace loving”, lets pull our fingers out and make our voices heard!
22 Continued. A very interesting thing just happened to my contribution. The language was not inappropriate by any stretch of the imagination and it was not targeted at any “contributor” (I hate the word blogger) on this site, so in that respect, it did not breach the policy of LT. LT have decided not to publish it for reasons best know to themselves. The contribution was beyond a criticism of government, but a call for action, revolution. It leaves me wondering who actually controls LT????
Do something we Zambians judiciary has become so dirty that corruption is the order of the day.West Africa coup would be the answer.
Kelvin is a brave person to join this action. He is practsing by reason of pending appeal. the appeal will be heard by the fossils at the Supreme Court Bench. Given that he will slight them by joining this action it is intersting to note how he will be treated. The Supreme Court is consisted of Sakala CJ, Born 1943 called to the bar 1971 and became supreme court judge 1985, Mambilima DCJ, Born unlisted, called to the bar Advocate1977 supreme court judge, JS 2002. Chirwa JS B. 1947, Adv 1971, JS1989. Mumba JS B.1948 Adv 1973 JS 1997. Chibesakunda Born unlisted, Adv 1969, JS 1997. Chitengi JS Born 1938 Advocate 1984, JS 2002, Silomba Born 1945, Adv 1981 JS 2002. Mwanamwambwa Born 1954, Adv. 1981 JS 2008. from the above you will note that many will need to go.
Imwe mwe bantu pliz you shoud know that all this talk about legality of the CJ’s stay in office is nothing but Kafupi’s strategy.The little thief knows his judgement is around the corner and is doing everything possible to delay it.Just look at the names of the pipo petitioning.
27 Aristotle greetings. On your “… talk about legality of the CJ’s stay in office is nothing but Kafupi’s strategy.The little thief knows his judgement is around the corner and is doing everything possible to delay it.Just look at the names of the pipo petitioning.” It does not matter for what is at stake is that the Chief Justice is over 65 years old and his stay in that office is questionable as I understand that late President asked appointed him but there hasn’t been Parlaiment ratification.
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1 Peter 5 + KJV Bible
8 Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour:
9 whom resist steadfast in the faith, knowing that the same afflictions are accomplished in your brethren that are in the…
27 Aristotle the current 1996 Constitution of Zambia in force being the highest authority of the land — higher that Mr President RB Banda — must be respected all the time until its provisions are changed.
CJ Sakala E. must have reminded Mr President about his aged, new Contract, and new appointment’s need for Parliament ratification but decided to remain mute which is suspicious and amounts to being imprisoned if found guilty I believe.
The best he can do is resign and claim tricky timing for normal procedures to have been followed due to late former President LP Mwanawasa’s death — to save his and Mr President’s face.
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1 Peter 5 + KJV Bible
8 Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may…
27 Aristotle, the longer our CJ from the Eastern Province like Mr President himself cotinues to occupy that office the more complex his case might become in future. Let him not think that ZAmbian people are ignorant for cases can still be brought up even after the next 2 or 7 or more years when another GRZ may replace the MMD from power and he, CJ Sakala, may be retired.
What I believe in is to leave when you are still admired or wanted by others the way former South African Presidents Nelson Mandela and Thabo Mbeki did it. After all, there is nothing much to lose for the CJ as he is entitled to 80% salary of an incumbent CJ.
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1 Peter 5 + KJV Bible
8 Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour:
hey ,i commend every 1 contributing as this is healthy 4 our young democracy
It is only in Zambia where the Rule of Law does not exist.Maybe we should just join the Somalis with their no central government situation .Even when the law is spelt in black and white right in front of us we would still deny its exstence.What did these guys learn at law school?Or what did they not learn from there? What is wrong with the Zambian Judicial System?
As usual, Zambians shooting at the wrong target. This is a mwanawasa problem not an RB one. But then this is Zambia where people will hate you for no reason.
There is not such a big problem this is not a new appoinment but an extension after retirement that is not mentioned in the comment # 17 by Justice kafusha other words extension of a contract may not fall in this category. It is the first appoinement. I have necer seen ant ratification of a new contract for high court judges , the DPP , Solicitor General go to parliament. so keep your eyeys on the ball . And I am aware that Chitengi wants to go anyway, so really as for any violation of the constitution , I dont see any , at the worst it could be an administrative blunder