Mutesa hopes for legality in the suspension of judges
Zambians for Empowerment and Development (ZED) President Fred Mutesa
Zambians for Empowerment and Development Leader Fred Mutesa hopes that the suspension of the three judges by President Michael Sata has been done within the confines of the law.
Dr. Mutesa further hopes that the president had been given a sufficient legal counsel before taking what he termed drastic action.
The opposition leader has since challenged the Law Association of Zambia to avail to the nation the correct legal position on the matter.
Dr. Mutesa however, says that it is too early for his party to pass judgement on whether the decisions by President Sata is in line with the demands of justice or not.
Yesterday, President Michael Sata suspended the judges Philip Musonda, Niger mutuna and Charles Kajimanga to pave way for investigations into the allegations of corrupt practices by the three judges.
And as Zambia joins the rest of the world in the Labor Day celebrations, Dr. Mutesa has called for harmonization of relations among the employers, employees and government in the country.
Dr. Mutesa adds that doing so ensure that decision that serve interests of all the parties concerned are taken into consideration.
Dr. Mutesa has also urged the government to quickly finalise the revision of the minimum wage in the country.
[QFM]
Related News:
- Come up with clear charges against Henry, Dr. Mutesa advises Government
- Lets avoid stereotyping the Lozi though we do not agree with Resolutions of BNC -Dr.Fred Mutesa
- Sata suspends three Judges, appoints Judge from Malawi to head tribunal into judges conduct
- Sata’s execution of Presidential powers worries ZRC
- Sata calls on Chinese investors to adhere to labour laws
- Sata claims his letter to Rupiah Banda caused the announcement of election date
- Patriotic Front Leader Michael Sata has rubbished rumours that he collapsed
Even without reading the article, firing judges is a big issue. I can’t remember any of the former presidents doing this, I stand to be corrected!
They didnt fire judges coz they were so corrupt. Apart from KK !
I have a different take on this, having talked to sources close to the president. This is actually a smart move by Sata to get rid of the seemingly noose around his neck that the Post Newspaper have on him.
This tribunal will review a lot of things and more damaging facts will be made public because DBZ will be called to the hearing and two key points will be
1) Why did DBZ give loan to Nchito & Mmembe without sticking to proper lending procedure of risk assessment
2) If Mmembe & Nchito claim that the case was withdrawn by DBZ, why did that happen, did they settle the debt or did Nchito abuse his position to influence withdraw of case
Outcome will lead to Nchito resigning and Sata free from Mmembe.
Mark my words, They don’t call him KING COBRA for nothing.
Have heard this possibility too and hoping and praying that this is correct. Otherwise King Cobra ninshi napwa mudala to be played like a puppet by 3 nobodies in the context of real politics!
Hope, lets just hope that is true!!
Does UKWA care about the law? He has done so many things outside the law. What have you done about it? What are you going to do about this one if you find him wanting? Ba Mutesa, just shut up and save your breath.
Good afternoon
‘@#1 Neo Patriot according to my knowledge Judges can’t be “fired” but just like the President, they can also be impeached for commitiing impeachable offenses like violation of ethics/morals, corruption, incompetence etc.
PS. I also stand to be corrected. What do the lawyers have to say?
Someone educate me, is love Mutesa an opposition leader? What is the name of his party and when was it formed? I used to think he runs an NGO….
@No.5 MAMBALA.
Is it Fred or Love Mutesa?
I can think of several ways to find an accurate answer before speaking to the press :)
What was that about in Civics, the “Separation of Powers”? Legislative, Judiciary and Executive. Thought I saw it again in teh Draft Zambian Constitution only yesterday. Does the executive power power to fire members of the Judiciary?
May be my Civics was not as good as I thought.
I was wondering too – but apparently they dont teach civics anymore, as it is irrelevant in the third republic
I’m assuming sata must have gotten sufficient legal counsel before making that move. Otherwise its difficult.to understand why sata would be meddling in the judicial system
People, the joys of the internet is that you simply GOOGLE for Zed constitution, & “vwala”, you will have the 1991 constitution on your fingertips!!!!
Yawn, yawn, yawn….
In Zambia anything goes, the law will continue to be side-stepped as long as the republican president’s unlimited powers remain as they are especially with a toothless law association in place.
If this move is found to be illegal, as it appears to be, then parliament should swiftly start impeachment process on Ukwa before he goes too far.
Do the numbers add up for impeachment to take place? Remember at some point Satan made noises about impeaching RB when he did not have the numbers in parliament to carry it through. What should happen is that all judges and lawyers should go on strike as a way of protesting and looking after one of their own.
Based on the 1991 or 1996 constitution , it is within the powers of the president to suspend a High Court Judge as the appointing authority.
Life tenure or security tenure is definitely in the draft constitution. Let’s just get on with the tribunal and make our submissions.
This will be the mother of all Tribunals people. Stock up with popcorns and prepare to be wowed, entrigued, entertained , thrilled and amazed. It will be jaw dropping stuff, wouldn’t be surprised to even hear FTJ emerge in this drama set before us.
Article 98: 1996 costitution
(3) If the President considers that the question of removing a judge of the Supreme Court or of the High Court under this Article ought to be investigated, then –
(a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office;
(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this Article for inability as aforesaid or for misbehaviour.
There you have it
Well you have “Truncated” the constituiton & LEFT OUT THE OPERATIVE: that being, “COMPLAINTS HAVE TO BE MADE TO THE JCC”, who then advise the Chief Justice, Who then advises the President – who in more or less a ceremonial role CALLS FOR THE TRIBUNAL as required by the Constitution!!!! THE PRESIDENT CANT!!! CANT CALL FOR THE TRIBUNAL without the LAID OUT PROCESS – HE IS NOT ABOVE THE CONSTITUTION!!!!
I thought High Court judges are appointed for life. What is “vwala”? I thought is was “voila!’ with an accent on the “a”.
LOL think ‘vwala’ is Zamrench (Zambian French)
Tatawetu, thanks for your correction, I’d never looked it up before, so I went by its Phonectic spelling – goes to show i got it right becoz YOU COULD TELL WHAT I MEANT!!! LOL!! Have a good day mate!!
@14, like your sense of humour. We write (right or raiti) as we hear the words.
It’s called “Phonetic!!”
I think he meant Vwala like the dressing not the french voila’ one kekekeke
Funny how these numbers change from @14 to @16 in my last post. When I was typing first it was 14. Ah ah!
Back to serious things, I like @MMD Chief Bootlicker’s take on these issues. His ideas sound quite plausible. If what he says is true, then I can’t wait for the tribunal to start its sittings.
Ba Mutesa naimwe fimo muleibwelamo. Perhaps its to see your ‘presidency’ in the media! The president could not have made such a major decision without undertaking major and thorough consultations.
NUMBER 5 MAMBALA,NA IMWE MAMBALA WHY ARE U DAY DREAMING, NOBODY IN OPPOSITION CAN UNSEAT PF IN THE NEXT 25 YEARS EXCEPT MAYBE DIPAK PATEL AFTER OUR CYRRANT FAVOURITE PRESIDENT MR MC SATA.
At Law School, I answered a question thus:
The Zambian Constitution is clear in its intent to insulate the Judiciary from outside influence ; the executive and legislature. Independence of the judiciary constitutes the foundation on which rests the edifice of democratic polity. The general concept of Judicial Independence is that a judge should be free from any pressure from the government or any one else as to how to decide any particular case. The institution (judiciary) and the individual judge should be free to exercise their jobs without let, hindrance or fear of reprisals including social, economic and political. ++++Ref: Article 98 of the Constitution of Zambia and Chapter 277; Judges (CONDITIONS OF SERVICE) Act No. 14 of 1996
Asked if he felt that President Sata had skipped procedure by appointing a tribunal without a recommendation from the Judicial Complaints Authority through the Chief Justice, judge Musonda referred to Article 91 (2) of the Constitution of Zambia on the matter.
“Read the Constitution, Article 91 sub article 2 and read the judicial code of conduct, section 20 and 24, sub section 1. What do they say? The tribunal cannot take up the power of the Judicial Complaints Authority. It has to be the Judicial Complaints Authority first,” said judge Musonda before excusing himself for a meeting with his lawyer.
#24, so the whole thing has been challenged by musonda? That is becoming interesting!
People! We should support this tribunal.It will reveal a lot and there will be consequences.mark my words.It will be a starting point for judicial transformation.
Zambians? Lets get serious, there is a difference between Firing and suspension?? Why condemn the President Honestly?? HE HAS SUSPENDED THE JUDGES TO PAVE THE WAY SO THAT INVESTIGATIONS ARE CARRIED OUT Properly?? You want Same judges to be in OFFICE?? They will destroy any Corruption evidence. WELL DONE MR PRESIDENT. Let all corrupt people be Fired, We are tired of corruption. We want our country / communities be corruption free.
@MMD Chief Bootlicker, i seriously hope your ideas are spot on, if not then President Fled (r) M’membe is here for ages and it will take Zambia quite a while to recuse herself from his hold.
Article 98
(2) A Judge of the Supreme Court, High Court, Chairman or Deputy
Chairman of the Industrial Relations Court may be removed from office
only for inability to perform the functions of office, whether arising
from infirmity of body or mind, incompetence or misbehavior and shall
not be so removed except in accordance with the provision of this
Article.
(3) If the President considers that the question of removing a judge of
the Supreme Court or of the High Court under this Article ought to be
investigated, then-
(a) he shall appoint a tribunal which shall consist of a Chairman and
not less than two other members, who hold or have held high
judicial office;
(5) If the question of removing a judge of the Supreme Court or of the
High Court from office has been referred to a tribunal under clause (3),
the President may suspend the judge from performing the functions of
his office, and any such suspension may at any time be revoked by the
President and shall in any case cease to have effect if the tribunal advises
the President that the judge ought to be removed from office
Suouces have disclosed that Membe went to state house complaining that Sata had tolerated people trying to humiliate Them. He reminded Sata how much respect and intergrity the post has lost in their support for PF.. Hope king cobra keeping bending to membe’s demands.
the moment I saw the article saying Charles Kajimanga had dismissed the petition against Ms Siliya I knew it was only a matter of time before Cobra strikes and there it is, it hasn’t even been over two months. I dnt know what the others did but I guess they caught Cobra’s attention in an unpleasant matter too.
Hope its not Kasolo dispensing his “legal” advise
Sadly, the non-analytical response by LAZ has been blurred by a revelation that LAZ President Banda is a Partner to Judge Wood’s Law Firm, the preferred Judge to Mutembo Nchito and Fred Mmembe. Hence.Banda has vested interests in Judge Mutuma’s judgement as he is known to have complained to President Sata. Sata’s appointment of the Tribunal without recourse to normal procedures where Chief Justice is expected to recommend procedural steps to a President has created a thick fog or misty cloud to hide the true evil intetions of the aliance between Mmembe/Nchito as political sponsors and President Sata as the beneficiary of the election victory. The folly of actors will expose the true colours of their costumes.
The non-analytical sentiments by LAZ has been blurred by a revelation that LAZ President Banda is a Partner to Judge Wood’s Law Firm, the preferred Judge to Mutembo Nchito and Fred Mmembe. Hence.Banda has vested interests in Judge Mutuma’s judgement as he is known to have complained to President Sata. Sata’s appointment of the Tribunal without recourse to normal procedures where Chief Justice is expected to recommend procedural steps to a President has created a thick misty cloud to hide the true evil intetions of the EVIL OF AXIS between Mmembe/Nchito as political sponsors and President Sata as the beneficiary of the election his victory. The folly of actors will esoon xpose the true colours of their costumes.
Ukwa got too much power, it needs to be contained
Corruption is too general ,let’s see the facts
Corruption investigation is eating up lot of time
And money, and becoming a tool and excuse to do
Anything ukwa wants , I hope he himself is clean
Sata is governing through Presidential DECREES. The non-analytical sentiments by LAZ has been blurred by a revelation that LAZ President Banda is a Partner to Judge Wood’s Law Firm, the preferred Judge to Mutembo Nchito and Fred Mmembe. Hence.Banda has vested interests in Judge Mutuma’s judgement as he is known to have complained to President Sata. Sata’s appointment of the Tribunal without recourse to normal procedures where Chief Justice is expected to recommend procedural steps to a President has created a thick misty cloud to hide the true evil intetions of the EVIL OF AXIS between Mmembe/Nchito as political sponsors and President Sata as the beneficiary of the election his victory. The folly of actors will esoon xpose the true colours of their costumes.
Lusaka Times has planted a selective mehcanism to exclude analyticalo blogers to please the power that be..
Our democracy has been hijacked by a bunch of Kaponyas!!
Ukwa is not competent to be president