Terms of reference of the Tribunal set up to investigate the alleged misbehavior the 3 Judges
Judge Chikopa -Malawian high Court judge chosen to head the Tribunal
President Michael Sata has set up a Tribunal to investigate the conduct of Hon. Mr. Justice Philip Musonda Judge of the Supreme Court of the Republic of Zambia and Hon. Mr. Justice Charles Kajimanga and Hon. Mr. Justice Nigel Kalonde Mutuna Judges of the High Court of the Republic of Zambia pursuant to the Provisions of Article 98(3) of the Constitution of the Republic of Zambia.
Below are the terms of reference
1.
With respect to Justice Nigel Kalonde Mutuna, the Tribunal shall generally inquire into the conduct of Mr. Justice Nigel Kalonde Mutuna in relation to the manner in which he presided over the hearing and determination of the case of Development Bank of Zambia –v- Post Newspapers Limited, JCN Holdings Limited & Mutembo Nchito (‘The matter’) and without limiting the generality of the foregoing shall specifically inquire into the following specific charges:
• That Justice Nigel Kalonde Mutuna misbehaved and/or acted incompetently when he proceeded to hear and determine the matter without a formal order transferring the matter from Justice Albert Mark Wood before whom the matter had been heard. The circumstances under which Justice Mutuna heard the matter without a formal order from Justice Albert Mark Wood pointed to a conspiracy with Justice Philip Musonda and Justice Charles Kajimanga to defeat and/or subvert the course of justice.
• That Justice Nigel Kalonde Mutuna misbehaved and/or acted incompetently when he proceeded to hear and determine the matter in total disregard of evidence available to him that clearly demonstrated that Justice Albert Mark Wood’s independence as a Judge had been interfered with in the course of proceedings relating to the matter.
• That Justice Nigel Kalonde Mutuna misbehaved and/or acted incompetently, in the circumstances of the matter, when he proceeded to deliver judgment in a matter in which the Plaintiff had expressly indicated that it no longer intended to proceed with the matter as a result of which it filed a notice of discontinuance.
• That Justice Nigel Kalonde Mutuna misbehaved and/or acted incompetently when he allowed his impartiality and therefore his independence as a Judge to be compromised during the hearing of the matter.
2.
With respect to Justice Philip Musonda and Justice Charles Kajimanga, the Tribunal shall generally inquire into the conduct of Justice Philip Musonda and Justice Charles Kajimanga in relation to the manner in which they interfered in and illegally retrieved or caused the retrieval of the cases of Development Bank of Zambia –v- Post Newspapers Limited, JCN Holdings Limited & Mutembo Nchito and Finsbury Investments Limited –v- Antonio Ventriglia and Manuela Sebastiani Ventriglia (‘The matters’) from Justice Albert Mark Wood and without limiting the generality of the foregoing shall specifically inquire into the following specific charges:
• That Justices Philip Musonda and Charles Kajimanga misbehaved and/or acted incompetently when whilst acting together they conspired to pervert the course of justice by retrieving or causing the retrieval of the records relating to the matters from Justice Albert Mark Wood during the due execution of his judicial functions as Judge of the High Court of Zambia;
• That Justices Philip Musonda and Charles Kajimanga misbehaved and/or acted incompetently when they interfered with the independence and impartiality of Justice Albert Mark Wood by causing him, directly or indirectly to hand over the records relating to the matters which were properly and regularly being handled by him in the course of his judicial functions;
• That Justices Philip Musonda and Charles Kajimanga misbehaved and/or acted incompetently when they retrieved and/or caused the retrieval of the records relating to the matters on the basis of unverified and undocumented complaints purportedly raised off the record in complete disregard of judicial practice and etiquette;
• That Justices Philip Musonda and Charles Kajimanga jointly and whilst acting together misbehaved when owing to political considerations, exigencies and influence they retrieved and/or caused the retrieval of the records relating to the matters.
In addition to the foregoing the Tribunal shall inquire into all matters incidental and necessarily related to the foregoing and shall make recommendations to the Republican President His Excellency Mr. Michael Chilufya Sata pursuant to Article 98 (4) of the Constitution of the Republic of Zambia.
The Tribunal shall consist of the following persons:
1. Chairman- Justice L. P Chikopa , Judge of the High Court of Malawi
2. Member- Justice T.K Ndhlovu Retired Judge of the High Court of Zambia
3. Member – Justice Naboth Mwanza Retired Judge of the High Court of Zambia
The secretary shall be Ms. Chipili Katunasa
METHOD OF INQUIRY
The Tribunal shall at it’s first sitting determine the procedure and venue of its inquiry.
TIME TABLE
The Tribunal shall make its recommendations to the Republican President within a period of two months or such other period as the Tribunal may reasonably recommend to the President.
[Source State House website]
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No political interference,no inffluence peddling and no witch hunt.Let the chips fall where they may and Sata should have no preconcieved expectations on this one as he’s had with other inquiries.
I thought the reason for the tribunal where because of NUMEROUS complaints from Members of the Public and LAZ.Looks like it was just Mmembe and Nchito who complained because its their cases thats have prompted the tribunal
A judge from a failed state like Malawi. What justice can he deliver?
Cry my beloved Zambia! All the cases involve Sata’s political buddies. Where is your decency man. Your friends should have appealed to a higher court if there had been any miscarriage of justice. That is how our judicial system works. Only the guilty appeal to their political friends for political fixes. Poor Albert Wood, you shall forever be known as a pf judge. Your reputation ndate Wood is kaput! You are finished! You honour and respect are gone. Fred and nchito have destroyed you!
Our country has gone to the dogs for sure. Is Mmembe’s protection worth all this anarchy? When PF leave office, which they will certainly do, they’ll have alot to answer. It’s only a matter of time, justice will one day be served.
Why is Sata using easterners/Malawians to sort out his own Bemba judges? Is it dawning on him how Bembas have been corrupting everything in Zambia including the judiciary?
Grow up..
Malabishiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii more money to Malawi,Joyce Banda is smiling uncontrollably !
Would Judge Albert Mark Wood’ have given a different judgement from that of Judge Mutuna? What reasons would he, Wood, give for comming up with such a judgement? Why not just retire the tree judges and close the book! The terms of reference as outlined here are actually the outcome of this sham tribunal, Its not difficult to guess. Time wasting and consuming.
“Judge” Wood is a PF cadre. Important cases that involve the PF are assigned to this cadre to be adjudicated favourably to the PF regime
Wait and see for yourself.Dont cry for me.Cry for yourself.Fred Mmembe is rulling.
Don’t we have competent lawyers in Zambia that can question/challenge the LEGALITY of the president (other than through the JCC, Chief Justice) appointing a commission to investigate a high court judge
The terms sound like the desired outcome.
I wonder why the complaints were directed to Michael Sata instead of the competent authority, the Judicial Complaints Commission? That it went to Sata and he acted on it is itself unlawful interference in the Judiciary. That Sata suspended Judges on the complaints of 2 individuals and their company without the involvement of the JCC shows the rot that he is taking the country into.
Because even the JCC is corrupt too. Lets just say probably the entire judicial system.
WE ARE NEARLY 50 YEARS, WE HAVE RETIRED JUSTICES WITHIN ZAMBIA,DID WE REALLY HAVE TO IMPORT A JUDGE FROM MALAWI TO CHAIR THE COMMISSION?
WHAT IS THIS WITH THE PRESIDENT THE APPOINTMENT OF DPP AND THE POST EDITOR?
EVEN IF THE COMMISSION WERE TO BE IMPARTIAL, THE DPP AND MMEMBE SEEM UNTOUCHABLE AND INFALLIBLE IN THIS MATTER, AS THEY SEEM TO BE CALLING THE SHOTS WITH THE HELP OF THE APPOINTING AUTHORITY.
The terms of reference are ok. For now lets wait and see.
Joyce banda is also planning on sorting out her own foes in the Malawian judiciary and is likely to use Judge Wood as the chairman……..
Can Phillip Musonda challenge the whole ‘process of appointment of a tribunal’ in the courts of law.
I mean its clearly flawed, the Judicial complaints commission and the chief Justice are both ignored………that is a prima facie case of involvement of the president in ddetermining the outcome of the DBZ vs Mmembe case.
Just wait & see!!!
On a lighter note , Chikopa has a ‘senior’ somewhat greying skin (chikopa).
Its on these occasions that Zambians will release what a legal mind George Kunda (MHSRIP) was… Zambia has no legal upright minds who do not think of their bellies to change this unlawful conduct of Unkwa. Urinating on the Zambian Judiciary as he wishes.
All this is simply meant to make us forget about the K14 billion owed to DBZ. I have never heard of such a thing as an order to transfer a case from one judge to the other. This is going to be one hell of a show especially with the two retired judges who in their days were the most incompetent judges.
Here is another complaint from members of the public, i.e. myself. Please can His Excellency Fred Mmembe include Judge Wood to face the tribunal. I am officially complaining about the manner that he handled the matter of Chanda Chimba III who was merely quoting past editions of the Post newspaper. Not that I find Judge Wood wanting, but I have been encouraged to lodge a complaint based on what AG Malila said that we should question judges if we are not satisfied with their conduct or judgments.
Here comes the prediction that Memmbe wants all his cases first discussed with the judge outside the court and he get to decide the judgement. It is shocking that the entire president is responding to Memmbe’s issues and ego and not addressing real issues in the nation. Why give our money to a Malawian? what is the standing of this Malawian Judge which makes him special to our local Ho. and respectable people? Why is the executive interfering in cases ruled by judges? May be it was time Mem’mbe had his cases heard at plot 1. Stop wasting our money and time ba PF a govt of inquiries. You will soon be forming a commission to inquire about blogging.
nonsense as usual
Ha! Ha! Ha! Kadansa. Does any one remember this joker who addressed lunchtime meetings at Ridgeway Post office and the main post office in Cairo Road? Who will (has) taken over the mantle?
I wil rise to the challenge.
I feel sorry to that destitute Chikopa. Who told him that Zambians are now villagers, he can use his traditional laws on? Did anyone advice him that he can’t play with Mmembe, he will make a zipper stuck to Chikopa’s balls.
What a disgrace to Zambia!! Oweeee chik@#la candi ine.
Aaah….!!! Judge Chikopa’s lips looks like one on ARVs. I am very sure on this one. They look similar to the ones i saw with HH last week at his Namwala farm.
Be carefull you may be wrong
So the former army generals will be prosecuted and jailed while the DPP and Mmembe walk Scot free after stealing K14 Billion and other tax evasion charges?
Can someone tel me why high court judges are being gathered together to investigate a supreme court judge?
LAZ, what is causing you to take too long to complain to Michael Chilufya Sata that DPP Mutembo Nchito forged a High Court Order as complained to you last year by Alfred Ndhlovu so that in like manner a tribunal can be set up.Fred M’membe’s complaint is hardly a few weeks and a tribunal has already been called.What is special?
Can ACC please move in.I am at a loss to know that DBZ who loans out public and tax payers money can withdraw a case from court where they sought to recover the debt.Zambians have not been told whether Nchito and M’membe have repaid the loan or a repayment arrangement have been made.Meanwhile,Michael Sata says he is allergic to corruption and abuse of public funds.Mutembo Nchito and Fred M’membe are clearly abusers of public funds and should not be spared by law.
Can ACC please move in.I am at a loss to know that DBZ who loans out public and tax payers money can withdraw a case from court where they sought to recover the debt.Zambians have not been told whether Nchito and M’membe have repaid the loan or a repayment arrangement have been made.Meanwhile,Michael Sata says he is allergic to corruption and abuse of public funds.Mutembo Nchito and Fred M’membe are clearly abusers of public funds and should not be spared by law.
Don’t worry, what the presdo is doing, choosing all judges from eastern province ma be they are no Bisas in the judicial system. Remember he’s not Bemba but Bisa, so these Bemba judges will be fixed.
The services was quickly. I offered these eye glasses to my guy being a gift idea and hubby was happy with them. He truly likes Oakley eye glasses. He think it is so and once I proved him the pictures of the eye glasses when they showed up these people seem superior to the pictures. Strongly recommended!
What about you?