Opposition political parties in Zambia have jointly condemned the suspension of three Supreme and High court Judges by Republican President Michael Sata. And some lawyers are planning on the way forward to ensure the suspension of the Judges by the President does not go unchallenged.
During a joint media briefing in Lusaka today, the opposition argued that the suspension of the Judges is a clear infringement of the judicial process. In a statement read by Alliance for Democracy and Development president Charles Milupi on behalf of six political parties, they stated that their action today must not be seen as tolerating any shortcomings in the judiciary but that they will defend the independence of the judiciary.
Mr. Milupi said that this is why they will not support interference in the judiciary under the pretext of fighting corruption.
He said that President Sata is giving an impression that he is trying to protect his partisan interests because of the judgment that involved one of the Judges Nigel Mutuna who issued a judgment that ordered DPP Mutembo Nchito and Post Newspaper owner Fred M’membe to pay back the K14 billion loan they owe the Development Bank of Zambia through the defunct Zambian Airways.
Mr. Milupi said that it was unimaginable that a judge can be punished for protecting tax payers’ money.
[pullquote]Mr. Milupi said that it was unimaginable that a judge can be punished for protecting tax payers’ money.[/pullquote]
And the opposition political parties have called for the resignation of the Director of Public Prosecution Mutembo Nchito.
UPND leader Hakainde Hichilema stated that there are too many allegations against Mr. Nchito which bring disrepute to the office of the DPP which anchors the whole criminal justice system in Zambia.
Among the opposition political parties that were represented are the Heritage party, the United Party for National Development, Movement for Multi Party Democracy, United Liberal Party, Alliance for Democracy Development and Zambia Direct democracy.
Meanwhile, a group of lawyers in the country are planning to ensure that the suspension of judges does not goes unchallenged.
Prominent Lawyer Sakwiba sikota disclosed in Lusaka today that most lawyers are dismayed by the president’s action as it is an assault on the judiciary.
QFM
ONEÂ
That is why you are called opposition parties. Even PF used to opposed what MMD was doing when PF was in the opposition on MMD in government. Continue opposing!! you will be given a chance to govern when we have our elections!
We said it us who knows how dirty Mutembo Nchito is, how can be a DPP. He has been involved in so many scandals, including failing to pay for mere pint of Rhino beer.
Imbeci!es ! Why not wait for the tribunal findings? MMD corrupted the judiciary and clearly have some interests to hide in this matter. The opposition should stop acting like a lynch mob and just freakin wait for the findings.
Iwe we chipuba, the accusations behind the suspensions are frivolous, constitutionally, the president should appoint a supreme court judge to head the tribunal. That Malawian judge, a small high court judge for that matter, has got connections with Sata, that itself even jeopardises the whole situation as there is a conflict of interest, thus the findings are projected to be biased. Bushe you and your kind mulifishi fya shani, whose common sense can not prevail over support of your tribesmate? Iyo kwena twafyalwa ne fisushi pa Zed.
I guess you wanted to say you, yourself are an embicile right? The whole judicial and conctitutional process has been abused. Sata has no regard for COI he sets. With the excess baggage of accusations and cases in court involving the DPP he should have never been appointed DPP. (Ex Mukelabai MHSRIP). reasoning is better than hallucinating
Wanya Wanya,
I have no doubt in my mind that if you lived in the time of Jesus, your voice would have been heard at the top of the confusion clamouring for the release of Barabas the criminal.
The person occupying the office of the President will not hesitate to fire or bring the necessary punishment to bear on which ever offenders are found wanting after the tribunal headed by the Malawian boy has done its rounds. Including Nchito, Mmembe and any one who has earned your hatred. To start baying for blood before everyone has had a fair hearing indicates a measure of guilt in the blood-thirty party.
I am happy the lawyer gang (LAZ) have no objections to the tribunal as they drink at the same table as the suspended justices. How close are you to these lawyers, may I ask ??
Read the judgment. Your President jumped the gun by suspending the judges. What is he trying to prove? Protecting Mmembe and Nchito will bring contempt for the President in the eyes of right thinking people.
@ Lynch Mob
I dont think you read my comments between the lines and digested my line of thought. What makes you think the findings will be fair when “your Malawian boy” is a freind of Sata’s deportation case lawyer. What democratic principles does Malawi adhere to better than Zambia? Infact, incase you have not read it, whilst the constitution gives the president the mndate to suspend judges, the next protocol line should be the supreme court. You, your likes and your tribesmates will be the last ones down the line in seeing sense in anything PF does wrong. You are the ones stoning Jesus for the crimes Barabas and your likes did. But then I understand, common sense is not common.
Lynch Mob, uyu Wanya wanya I have no doubt would have been the first person to cast the stone again the son of God. Kuyipa mutima ne nkalamu baibepeshafye.
Wanya wanya, you are just in Zambia trying to pass judgement on Joyce Banda who is only less than a two weeks into the presidency, over the wrongs of her predecessor Mbingu Wa Mutarika who where never close. Micheal Sata has only been in power under 7 months and yet you want him to clean the poop the MMD left in 20 years of their ruling in such a short time. You cannot be this evil man. Give the new leaders a chance and if you have gimmicks for them to fail, apply them, but it’s inhuman to subject a fellow human being to stands you would not want to experience. I am shocked you have even gone at the Malawian President when the concentration should be our country Zambia.
Not all opposition leaders have jointly opposed the suspension of the three judges. The lawyer and leader of NAREP, Chipimo has not condemned this. LAZ has praised the president’s move and really their standing should be respected as they oversee all lawyers. Milupi and HH’s opposing of everything the Govt does is unproductive and really that is not the opposition we would wish for.
Chipimo is light weight. No influence.
What do you expect a Bemba like Chipimo to do? Â Oppose his fellow corrupt tribesman Sata?
Dear Opposition leaders: If the DPP does not resign (as he will not), what are you going to do(or are capable of doing) about it? That is the question. Please don’t BORE us with these meaningless calls!
Good work people.Mutembo and Fred think they now own Zambia.Mwapya!! Zambia is for all Zambians.The money you owe DBZ is tax Kwacha,our money as Zambians.There is nothing like one being more Zambian than the one!
And please LT remove Mutomba Nchito’s picture, some of us are eating..!
hehehehehe
Kulibonesha bata.
hahaha, classic!
Assault oin the judiciary, my foot, same Judges have given us bogus rulings like convicting Regina of receiving stolen property but clearing FTJ who is suppossed to have stolen and therefore later acquitting Regina on appeal. Some got elevated after those shenanigans ba Sakwiba Sikota
its a pity dear that most of these so called opposition are just there for the name as they are called opposition without thinking at all. Imagine they have all forgotten the chiluba saga. its the same judges that were influenced by government!Â
Tell them bcoz we are tired of these hell bent opposition. What do these pigs want? Everything Sata does is wrong to them. That kind of hatred is dangerous and can backfire. They are taking him for granted and forgetting he is the President of the Republic of Zambia, not them. Nga amba ukubasumaula, tabakamwikate.
useless oppositions parties ba milupi mwalapwa if you will be following ka hh
Mutembo Nchito and Fred Mmembe are taking Zambians for granted. Let them payback the tax payer’s money. We are watching you. Come 2016 or even 2021, we will sort you out.Â
Will HH ever stand for anything good i wonder??? Just yesterday LAZ gave a thumbs up to our President on the suspension of the judges so who and what are these laywers now coming from???? Please HH and your grup dont over use your democracy..
There’s a clique of lawyers that buy judgments, they have now gone into the panic mode
True and buying judgements from the same 3 suspended judges. Surely, do these *****s think we forget easily all the sagas these judges have been involved in. May be they want the government to resort to the Pelican Brief.
If Nchito has any concious indeed he should resign, doesn’t he atleast pretend to be a bonya again?
some lawyers ba sikota elyo mupwila ba guy useless always defending ifwabupuba.
Sakwiba went with a minature camera for a meeting with Sangwa during the discussion of that fabled forged letter. Is that the way a lawyer behaves?
Sakwiba is a criminal pandering and defending those with money regardless of what they have done. The man has no conscience left in him. He has become so nefarious he only now defends the biggest of criminals. He might be getting rich with this, but he is forgetting something, we are Zambians and we don’t forget.
Great work opposition! Shame on Ka Elias Chipimo..he never condemns wrongs being done by PF govt. This is truly a conspiracy which only dandaheads can’t figure out!!
Why can’t these parties take their own stance on issues. UPND has sided with almost everyone including getting into a pact with PF in order to appear to have numbers. MMD does not have a leader at the moment so it is not strange that they are behaving like headless chickens but UPND should grow up and learn to stand on their own. This is were Chipimo will be second in the next elections.
Are these opposition parties or hate groups?
More than just hate groups. They are tribalists too.
viva HH viva bo milupi. FREDD membe must pay 14m billion. that is the bottom line. Whether the judges are fired or reinsteted!!!! Mutembo must resign. The game is on now.
Which opposition parties? Milupi and the rest are tuntemba parties. So which opposition parties are these who do not even have a single MP in parliament. I thought the only opposition party is HH’s.
Anything that government does the opposition is always against, is this the democracy we always talk about? No wonder some opposition political parties are against the banning of brewing, storing, conveying or consuming utujili jili. It is now personal attacks! Where are we going, Zambians?
Thanks #4 LYNCH MOB MISLEADER. Exactly what I wanted to say.
I was actually getting worried why the opposition was qiuet on this serious constitutional breach,kwasala tuma Nothing Going On “NGO'” to wake up and remind the grade 5 drop outs about the seperation of powers.
The way to contest against a judgement of a particular court is to appeal against such judgement, but not to fire or suspend the judge. That is uncanny autocracy by Michael Sata. Where is Zambia heading to?
You can never pass judgment on a case that the petitioner has withdrawn, it’s beyond comprehension. Mutuna passed judgement in case that the petitioner had withdrawn! Doesn’t that ring a bell in you?
There is no board, no CEO ..only acting COO . . . . . . so who withdrew the case and when and why. The previous board and senior management testified and its in the judgement. Wake up fool!
haters gona hate :d
This is a clear interference of justice by the president. Mmembe and Mutembo should no that they are not above the law, PF will not be always there to protect him, that is why not post paper has become a bootlicker. You can fool some pipo some time but you can fool all the pipo all the time. This action has not been done in good faith!!!
Can somebody please tell me what argument Membe and co have advanced so as not to lipila their nkongole? I am just trying to be even handed – perhaps they have a justifiable reason for refusing to pay back money that they borrowed voluntarily. Perhaps somebody held a gun to their heads and forced them to borrow this tax-payer money that they are now refusing to pay back.Â
They have not refused to pay. The fact of the matter is DBZ sued them, the matter was with Judge Albert Wood. Philip Musonda forcefully transferred the record to Mutuna. Mutembo & Co. wanted to know how the case how transferred. DBZ withdrew the matter before it could proceed. But Mutuna passed judgement in a case that was withdrawn! Obviously all parties in this case were not fairly head. That is the mischief in this case. I can explain further if you have not understood
who withdrew and when ? All the senior management testified. They dissolved the Board and transferred the CEO . . . .scheming but it wont work!
Which opposition parties? The corrupt ones who are responsible for the corrupt judiciary, or the immature ones who have failed to live up to Anderson Mazoka’s vision?
Sata is an embarrassing to the office of the president. I thought he would be much sensible, but he has proven that thugs are running the show,
Nolly wood ukwa and the rest who cannot read, try to read the statement issued by Roger Chongwe about the president being the only institution that can suspend judges and set up a tribunal to investigate them. Anyway Judge Musonda & Nigel Mutuna were terribly yoked with the MMD and dished out some of the most outlandish rulings for their own benefit. The 2 will definately be found with a case to answer by this tribunal. Judge Musonda acquitted Chiluba who we all know store from the people of this country and these hooligans purporting to be leaders HH, Miyanda & Milupi are supporting all the shenanigans of the dishonourable judges. Our judiciary has gone to dogs just like when Justice Ngulube was compromised by Chiluba and the MMD mafia are still pulling the strings. YOUR TIME WILL COME!
And yet with all this, non of your allegations against Judges Musonda Mutuna and Kajimanga have even been mentioned as the justification for this tribunal – it is soley because of the trio’s alleged involvment in moving a case involving Fred Mmembe and the Nchito brothers from Judge Wood to Judge Mutuna – Its almost like all the allegations do not deserve attention or being dealt with but dare you touch Fred Mmembe and the Nchito’s down comes the axe – go figure
Are Nchito and Mmembe refusing to pay back the billions of Kwacha that they borrowed? And the president decides to intervene. What a kangaroo judiciary that the Zambian judiciary system has become under this party of clowns called PF.
who is the ‘head’ , sorry, president of the zambia direct democracy. I want to join pleas.e
Sata should protect national assets on behalf of the public. That includes the K14bn.
The Opposition parties are right.
Chipimo is a political lightweight. If he continues hiding like this, people will not have confidence in him and NAREP. What is at stake here is K14bn, a national trophy. It can build a school some where.
bosa ichalo chilekumfwa
Fire the judges ,we can get more from Malawi , since we Zambian don’t trust
Each other
The problem with most PF supporters they seem not to understand procedures and the value of following procedures. How many cases have been past in this country in the last six months of PF govt? I am sure there are many, then the question what is so special about Chito and Fred not to have judgement past not in their favour? Nothing is wrong for these two to be ordered to return tax payers money back to the bank. Now that juctices has take the day, they are finding a way to use the president to suspend judges, that is not fair, but dictatorship at its best.
Lusaka times please publish the entire statement that was made. I heard on radio that they even demanded to know what will happen to the K14 billion and even threatened Sata that if he continues on this path impeachment is an option they may soon have to consider.
guys remember that LAZ sometime last month they no one is above the law..? well just weeks after SATA decides to suspend the judges, why would Fred and Mutembo refuse to pay what belongs to ceaser..? they must have a very good reason so my advice to u is lets wait for the findings of the tribunal bcoz if not careful Fred and Mutembo might just implicate themselves… so take a chill pill fellas
It’s better to make informed comments. DBZ sues Mutembo & Co. for money which they borrowed as Directors of failed companies. The case is allocated to Justice Wood. Hearing commences but towards the end, the case in dubiously transferred from Justice Albert Wood to Nigel Mutuna. Phillip Musonda has a hand in the dubious transfer. Mutembo & Co. complain about the turn of events bcoz this means the case starting afresh! Albert Wood hasn’t recused himself from this case. At this stage DBZ withdraws the case. But Mutuna passes judgement in a case that has been withdrawn! Surely, to me it sounds strange. So what is wrong in constituting a tribunal to investigate matters surrounding the conduct of this case? It is provided for in the constitution. Can this be termed an assort on the judiciary?
Ba Wabetole # 36 … use your head to think not to sh*t… who withdrew the case, when and why? tell us no speculation. They schemed to fire the board and transfer the CEO . . . . .Ba Ayatole imwe!!!
Iwe kadansa, instead of running to calling fellow contributors names, you would do well to seriously read what ayatolla is saying. All this saga happened during the very corrupt Rupiah Banda’s government and the only way we can find out what happened, is through what the President has done. Bonse tulatukana nga twavuta. Be sensible and call ayatolla on, but providing counter arguments, not ukulatukanafye.
honestly, how can some1 with all his senses advocate for the suspension of such a handsome laywer/DPP?? only Under 5 can since his senses are still developing…hahahaha!
WHERE WERE THESE GUYS WHEN RB THROUGH JONES CHINYAMA FREED FTJ? OUR JUDGES NEED TO BE WASHED WITH JIK INFACT WITH ACID….BANACHILAMO KUMANGA BANTU BAKAELE…..
tell them bro ba upnd abengi fikopo.
Walasa. All these Nchito haters are just mad because he has managed to convict so many of their friends and relatives when he was at Task Force. All the more reason RB was quick to cancel the task force because he new him and  his cohorts were next. Kuja baja, nomba pano, bagebe nepakubutkila!
As for the ZMK14.0BN that these guys owe, DBZ can recover it from the assets of the defunct Zambian Airways. That is what the Law says. Has a liquidator been appointed?
bro i like your explaination
You are right bro. The problem is that those figures were being floated by RB and his government just to discredit Mutembo Nchito and Fred Mmembe. We do not even know why DBZ decided to withdraw the case. Obviously, they must have been a very good reason for them to do that especially since it happened on RB’s watch, and that’s what we want to find out. What defies common sense, was for judge Mutuna to go ahead and rule on a case that has been withdrawn. In my opinion and if your read the iterations between him and Nchito and Mmembe, he just wanted to get them at all costs reasons only known to himself. By the way, disregard the *****s that insult you because that’s all they have to offer, 2 sentences all imbued in insults.
Zed – the citadel of the Rumor-Mill, the Wind Bag, and the Empty Promise…
This was one of Kabimba’s schemes to make sure that all the strong people are gotten rid of. I am glad Saki and group the sane thinking lawyers, not those that have gotten rich and bought new vehicles because PF has been funding their stupid petition cases and been led to believe by Bonaventure Mutale as the lead lawyer for the PF defenders. Where did PF all over the sudden get the money to fund all these flimsy pettiions? I am pretty sure Saki and other senior Lawyers should help us redeem this profession which most us are now thinking everyone is in their for money to buy a Mercedes Benz and the like.In Pakistan the law fraternity nearly brought the whole government to it knees when it dismissed its Judicial bench. The Prime minister has since been sited for contempt of Court.
LAZ should take a leaf from PAKISTAN!! In fact all Upstanding Lawyers should emulate the Pakistani Law fraternity!!!!
Can some one help me here. What is LAZ and who are senior Lawyers? I thought LAZ speaks for all lawyers. If so, LAZ should suspend those lawyers opposing its offical position. If not, then LAZ should cease to exist. We can not have both speaking different things for the same people. May be the president is right, there are a lot of ticks in the legal fratenity. You can’t all be right. That is why people have lost trust in you. You seem not to know what you are doing and fail to translate the constitution which is supposed to be your bible, SHAME!
To some extent, I agree with you
Me too because it appears some of these lawyers are abusing the positions all in the name of making money. What happened to principles and ethics?
fyenu ifyo ba opposers.kekekekekekekekeeeeeee
a lot of hot air if you ask me. if they are clean the tribunal will be a mere formality.
as explained by the learned Dr. Chongwe, if ‘procedure’ was followed they were going to get away wrist slaps as the Judicial complaints authority is a toothless body.
this issue is getting interested,i even wonder if some Zambian follow the current affairs of the nation.i remember the so called MMD party under this man called RB openly admitted that he had to free the let Chiluba but not the law,the judges that you are crying for now are let down judges they do things out of the law as already someone as mentioned Regina was found with a case to answer but were is she? the opposition should know that no one is above the law because is a judge so what?lets wait and see were this issue is going and then we shall have something to say      Â
goodone
Defending the indefensible.
Fellow Zambians we are missing the point.The Hon.Judges are being investigated following complaints from LAZ and other high profile citizens and there is nothing evil about that for no one is above the Law.What Interest do they have to hijack a case which had been withdrawn and before another Judge this is criminal . HH don’t interfere we are cleaning the dirty left by MM
D
Point taken but at the same time the K14 billion should be repaid!!
We wont know until the tribunal finishes its findings. And to do that, of course they are going to call Mutembo Nchito, Fred Mmembe and anyone else involved in this. Why don’t we give the tribunal a chance before we declare Nchito and Mmembe guilty! They have not bothered to comment on this issue knowingly because it’s under investigations. Good lawyers do that so that they do not prejudice the outcome of the investigations. We all want the truth.
You probably need to read the terms of reference again, the investigation only relates to the case in which Judge Mutuna delivered Judgement against Fred Mmembe and the Nchito brothers, all the other allegations are apparently irrelevant or not important enough to warrant Presidential attention.
Nothing good comes out of HH, his current job is to oppose everything SATA does. He even opposed the committee that was formed to come up with a new constitution. He is MR OPPOSITION.
What is wrong with that? Â The opposition are not for singing praises of govt, especially one led by a lunatic.
Even here in the USA, both parties come together when they are aspiring for a good cause. But there is no way an opposition always sees wrongs in the government as “Ichilema” HH does. something is wrong with this chap. He has become obsessed with hatred and wish for Sata to die such than he doesn’t see any other way of reasoning.
demand things that you can realise
I think the LAZ president is not fair to tax payers, how do support the K14 billion scandal?? I thought PF was fighting corruption !! Nkashi…….. ebene ba corruption.
How can Nchito resign when he has no moral conscience to have refused the appointment to start with. Both himself and the president knew that it was wrong for him to go into that office. But for me I don’t see anything wrong with Sata punishing the judges – whether that is wrong or right. Where I see something wrong is for people to have voted Sata into office in the first place. Most of the people complaining about Sata now are the same i.d.i.o.t.s who voted him into power to start with. So please live with it and let him enjoy the corruption – that is what you wanted. You thought RB was corrupt…that was a joke, compared to what we are seeing with Michael Sata just about 7 months since he became president. Good Luck!
#52 u really r a joker.wat has sata stolen in the 7 months he’s been in power for u 2 compare 2 bwezani?zambians we ve got a short memory.not long ago bwezani ws manipulatin the judiciary 2 suit wat he wanted or assist his corrupt friends like the late kafupi.i don’t think u ve 4goten,its just the hate that u have for sata.like it o not,he is the republican president elected by zambians who ve got a heart for this country.
Ok iwe wabwelapofye in terms of amano. Your hatred of Sata has blinded you into believing everything the President does is wrong. Grow up and get used to it. My question and sincerely to you, do you anti Sata cockroaches want to push the president to exercise his full power? Remember he was a cop in the federal government when it was mostly for whites. You want to turn MCS into a dictator, go on because he has shown his resilience not to act out of emotions. The man is doing everything he can to correct the so many wrongs the RB and the MMD and all you keep doing is, insult him.
What happened to that man who insulted the whole zambian judiciary?is he still in jail.I bet he is vindicated now.Both the lawyers and the judges are crooks.Mathew Mothan also hinted on how our judges & lwayers are corrupt to the core.God save us!
Mwamba Chilekwa is still in prison serving a seven year sentence
Who is really in charge of zed?
#48 such bitterness can only come from upnd to insult 40 of voters. But ulitole
Sata is doing what should have been done already. The fact that a lot of people hate him does not mean he is wrong. People can choose to like or dislike him, but the status quo, i.e. Banda and MMD, was no longer viable. Banda was destroying the country. I for one am still prepared to give Michael and PF a chance as they are the only game in town. By the way, how can anyone take Sakwiba Sikota seriously?
ayattola my bro i have thumb for you , you are the only one talking sense
Thanx Bro. I am just a keen follower. Some lawyers get coached by presiding judges, they buy judgements and charge fortunes which they share. I can give you examples
What LAZ complaints came to the president?
Dont be cheated, lawyers know the channels of issues.
There is no way LAZ can appeal to the president over an issue of the judiciary conducted at high court.
If they had any cases with the judges as individuals they would have brought the matter before the courts of Law.
The problem is about the judgement that did not go in favour of the Post and Mutembo Nchito.
Now, how do you appeal to the president instead of the courts of Law?
Why did these complaints not go to the supreme court as an appeal?
Yes, we all know that our constitution seems to give the president all power, but is it now for abuse to protect individuals and friends???
I think God forbid that authority be abused in Zambia.
I appeal to God to interven in our governance!!
LAZ wrote to the Chief Justice Ernest Sakala and copied to the Minister of Justice. The CJ responded that he will see how they were going to implement the reforms that they had proposed. One of the cases complained about was the delayed judgements at the Industrial Relations Court in Ndola.
@Fine, I think you are missing the point here. The LAZ, prominent lawyers like Dr Rodger Chongwe and other, a number of citizens including Dr Mathani and several others including the general populace complained over the acquittal of Chiluba, the handling of Finance Bank, the Regina Chiluba cases, the withdrawn DBZ case which one judge against ethics decided to make a ruling on even when the complainants had withdrawn the case. Almost everyone first wrote the Chief Justice seeking recourse but were snubbed. In a scenario where the people feel the have exhausted all legitimate means, where they now perceive a judiciary to be corrupt and short of taking the law into the own hands, the last man in their defense is the Republican President. You are burying you head in the sand here.
If M’membe and Nchito are innocent, they should have no problem standing before any Justice. The fact that they wanted Albert Wood (whoever he is) raises concerns for me. It also causes me to wonder about the integrity of Justice Albert Wood. Was he bought by M’membe and Nchito or Sata?? Why do they want this particular Justice to Adjudicate? No. 2, It seems strange that DBZ would withdraw such a case? It looks like there was undue pressure from the corrupt PF leadership to protect their Supporters Mmembe and Nchito. This is PF corruption of the highest order and it should not go unpunnished no matter how long it takes. The next Govt should lift Satan’s Immunity and prosecute him for this vice. Zambia is doomed forever. You people will continue to eat and breath Corruption forever!!!
Bricklayer, you’ve missed the point. Mutembo & Co. didn’t ask the case to be allocated to Judge Albert Wood neither did Wood ask for this case. It was allocated in the same manner that all cases are allocated. The question is why did Musonda transfer the case from Wood to Mutuna when the former was about to conclude hearing the matter. That is unprocedural. Why did Mutuna also pass judgment on a case that had been withdrawn? That’s what needs an explanation
Ayatollah,
You are the one missing the point my friend. If the defendants had issues with transferring the case to another Justice, they should have complained to the courts and not to Sata. The Executive must not be seen to interfere in matters of the Judiciary. That is what Separation of Powers means. If you don’t understand that, then we are in deep trouble and you and I should end this discussion right now. No.2, I ask you again, How is it that DBZ would withdraw such a case. Doesn’t it seem strange to you. Please don’t let your support for PF blind you from the facts. If you defend a corrupt regime, the consequence is that you will embolden them in wrong doing and other Governments that come after PF will continue the same trend.
Bricklayer, they complained to the courts first using the normal channels. They at no time complained to the President. He has people that deal with issues like this and after his personnel told him about their findings, there was no way he was going to sit quiet especially after he received an official complaint letter from LAZ. Â If your read through his reasons for suspending them, he has actually articulated every count and to each individual judge why they were being suspended. Go and read through his press conference speech which is on not only Zambian media but international media as well.
Bricklayer, am not supporting PF because it’s not PF under discussion. Neither have I mentioned them. Just follow the events surrounding this case and you will understand my line of debate. Others have provided other information which I don’t need to repeat. As for your call to end the debate forthwith, I wonder if it is out of spite. Better be open minded.
:d bafoons in opposition! Why didnt they protest a judge making a ruling in a matter which has been withdrawn! Who appointed them spokespersons for DBZ?
Do they have the information which the President has? These chaos lack analysis! Didnt they unanimously accept mutembo nchito as DPP in parliament? Can they equally demand for the report fromo the cops on Zambian airways? Why have they failed to release it under RB? If DBZ made a bad investment how is it a problem for the Directors of Zambian Airways (which the very fat cats were not using in preference for the subsisdised SAA?) which airlines flying into Zed are privately owned?
What is wrong with investigating a judge who has rendered a ruling in a case without a plaintiff and who has been pushing an ill allocated matter?
What are talking about imwe> Sata is right and those judges are just being suspended and not fired. Lucy Changwe had a bounced cheque Which RB and Gk protected her prosecution when other people can go in. Sata please keep doing your job and Nchito please finish off that Guy Liato we need that 2billion in Mkushi to construct another secondary school.
Bamukukulu baumana akapi………..We used to climb anthills,telling the world about how rotten,ridiculous,stinking the judiciary in our country was.Bonse ba mumbwe you were ZIIIIIIII,tondolo ngamenshi ,us graduates from Sata Academy nga tatwalesosapo nomba nga cali shani.These are just some of the things we used to talk about we are just fulfilling and within our road map,,tule capa icalo bane..mwebatemwa ifiko cabipa kwena.
Wasosa we mfumu yabene. Aba bakapoli nomba elo bese bachinje amano for political expedience when every zambian was crying foul about the tailored and shoddy judgements these three and other were making especially, the acquittal of Chiluba! Kabili ni ba shetani sana aba ba kaboke ba kalala mpanga. Their hatred for our President, Micheal Chilufya Sata is unbelievable. But they should be prepared when he has had enough pantu akabasumaula ichabipisha. This is want we wanted, get rid of corruption in all the three branches, as well as companies coming into the country. An indian with a certificate, should be a boss of a Zambian masters degree holder in the same field? A chinese ukwisa mukwimba imifolo isho abana balenwa tujilili can do! What a joke. Alifye bwino Mankangala no.2.
The Bricklayer,
I agree with you totally.
There is nowhere in the world where the defendant chooses the judge who should pass judgement.
This is expected to very simple especially in this age we leave in.
I believe even in the time of Shaka’s primitive age, no accused would choose who should judge him.
Reading from the Terms of Reference you can clearly tell that it was an intended appeal which had no valid grounds, and so it could not be delivered to the courts of law. But when Sata and PF who do care what they do or say to the public and its affairs came into power, Mtembo Nchito was strategically appointed DPP to carry out personal programs using tax payers money.
Why should the president form a tribunal at tax-payers cost to execute individuals interests against the state??
Very good points. Indeed, why should the president convene a Tribunal at Tax payers expense to protect the interests of two people and not the interests of the Country. It boggles the mind, but it doesn’t surprise me. I know Sata very well.
Advise for Mwembe & CO. Just pay back what you owe the poor Zambians through DBZ. Legal gymnastics wont help…We are watching you very very very closely Mr Lucifer
It’s Mmembe and they didn’t steal nothing iwe kabeji.
imwe ba kolwe stop comfusing us about what ever shit you are doing.
Is this not the same Judiciary that frustrated Mazoka and declared Mwanawasa a WINNER even after everybody in the Country knew that MMD stole the elections? . Does HH really think?
The problem we have with PF supporters is that whatever SATA does, they support.
They believe that Sata is the one who should think on their behalf, whatever he does or say he has already done the thinking and so for them it is just to support!!
PF supporters are like a young woman with thinking challenges who will not be advised against a relation she has with this weired man whom she thinks she loves. Everything shows that the man is a wrong person for her but she wont listen because of what she calls ‘love’. Then 2 years in the marriage she accuses people of not having advised her enough otherwise she would have listened andchanged her mind.
The truth of the matter is everyone in zambia is corrupt to the bone and u cant fight coruption using coruption. Mr president u are wasting ur time bcoz everyone has accepted coruption as a way of life 2day go to the filling station, to spares shop, road blocks everywhere.
Two signs of a dictator in power;
1)Absolute power, corrupts absolutely.
2)Groupies:Every good dictator needs their own set of groupies. Hitler had his brown shirts, and then the SS. Mussolini had his black shirts. Saddam had the Republican Guard. Sata has Mutembo Nchito(DPP), Albert Woods and Fred Mmembe
This coming form the opposition is a nice joke. They wasted an opportunity to clip presidential powers and entrench separation of powers at the late GK’s expensive NCC. They opted to scheme stupid degree qualifications & age limit for a presidential candidate. They and enjoyed allowances without thinking about 2moro. They ve got what they wanted! As for the tribunal it is very welcome.Let all persons with EVIDENCE of the CORRUPTION in the judiciary LAY IT BARE Aat the tribunal. In the same token let all with EVIDENCE of WRONGDOING in the WITHDRAWAL of the case by DBZ LAY IT BARE. We need to know the truth.THIS MATTER DESERVES URGENCY AND SERIOUSNESS. THE TRIBUNAL IS MUCH BETTER FORUM THAN THE JCA which is run by the same “corrupt” judiciary anyway. Now that what I call IMPARTIALITY
Those of you who support Sata in wrong doing need to beware. If Sata sets a wrong precedence like this, then the next president whom you may not like, will use the same tactic to vanquish those you like. Lets all learn to respect Separation of Powers!!
Let me fill you in. LAZ’s support for Sata’s position is no surprise. Here is the matrix, James Banda the LAZ president runs Judge Wood’s law firm. And if you recall Judge Wood was once the trio’s lawyer (I mean Nchito, the Post, and Membe). The same Judge Wood who was forcibly asked to recuse himself in the DBZ case because of his closeness to the trio, is the one behind all this confusion.
Si RESIGINATION ai it is RESIGNATION. Chizungu!
Sata is right. What is wrong with people being investigated over allegation? Is that a crime. We have had a lit of funny judgements in the judiciary. The failure to register the London Judgement, the funny acquittal of FTJ while Regina is found with the case, same case of bouncing cheques yet judgements differs. Now this funny transfer of cases and passing of judgement when the complainant has withdrawn the case. The opposition should be sensible and use different tactics. Do not just follow what PF used to do while in opposition we are tired of that
ONLY FEW DAYS AGO EVERYONE IN ZAMBIA WAS SAYING THE JUDICIARY MUST BE CLEANED. NOW THAT THE CLEANING IS BEING STARTED- THE SAME PEOPLE ARE CRYING FOUL. WHATS WRONG WITH ZAMBIANS, KANSHI?
@ Peter, If you try to mop the floor with a dirty mop, you will end up with a wet dirty floor, I think the outcry is becaue the President’s action is on the face of it baised in favour of his friends who have found themselves at the wrong end of a judicial system you believe is corrupt . You cannot correct the situation by rising up in defence only of your friends, that is wrong and as the cliche goes, you can try but you will never get two wrongs to make a right.
On the issue of the Judges the President is operating within his powers of the law:
Article 98 (2) of the Constitution of the Republic of Zambia states: ‘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 misbehaviour and shall not be so removed except in accordance with the provision of this Article. (Cont’d)
(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.
# 74 Peter,
Which of those people you are refering to ever said cleaning must be disorderly.
And who ever said that cleaning means you use dirty water?
Is that how you clean the judiciary.
let us not be like a maid who baths a child with COLD water in cold JUNE. And when asked why she did so, her answer is “You told me the child was dirty and needed to bath”.
Are those the qualities of a maid you want??????
Opposition leaders being hoodwinked by dunderheads like ka HH, instead of condeming and raising issues that matter to us like the draft constitution instead they are busy wasting time on trivial issues. Didn’t these leaders MPs not approve the DPP appointment in Parliament?
Is K14 BILLION a trivial issue, lets be honest in our judgement!
That is the kind of people you put in power. The government has no structure. The president can just wake up and fire judges, then hire a buddy from some shoddy neighboring country to come and conduct a sham investigation. What a country. I don’t think there is any country in the whole world that has such an inauspicious, thuggish government. When is this country going to move into the 21 century?
yes!
and when we say Chipimo is a coward i think people can see now. under normal cicurmstance chipimo should have joined the leaders to demand for mtembo,fred to pay back the 14 billion…but because he is a bemba he finds it better to cow out so that he fellow bembas should not pay back the 14billion money that belong to zambians.chipimo is a sell out.this case is clear fred and his cronies must pay back what belongs to zambians…..sata is corrupt he sold zambia to fred for presidency. HH was called by fred and told that the post was willing to support his presidency as long as when in power he would side with mmembe but hh refused and chased mmembe from the upnd secretariate thats why you the hate for hh but soon time will tell.
K14bn under the nose gone just like that due to selfishness of these leaders..time will tell..these guys have no morals at all..we wish they could start dropping one by one..huh!
@MAXWELL you seem not to have been following events. UPND is the only party that voted against Mutembo Nchito’s name in parliament and the following day fred released a stupd editorial against UPND for having voted against mutembos name in parliament. so HH has been consistent on this matter and zambians are very much away…
Juvenile delinquents these opposition pretenders.When the president took action he cited chapters of the constitution and law.These losers without shame and reference to the law in support of their opposition are just issuing political pronouncements devoid of any legal or logic backing.Can somebody cite or mention which constitutional provision the president has violeted.
as long as Ukwa is in office the money taken from a public institutiton by the 2 thieves will not be repayed.
Ukwa must be locked up together with them, to end this matter…….impeachment and prosecution epela.
there will be some PF MPs who can see the wholes in this whole thing.
In civilized, sorry developed countries, the appointment of Nchito would have been viewed as lack of judgement on the appointing authority. Offices such as the DPP are supposed to be occupied by squicky clean people and not by those with baggage on them. This is what you get when the criteria for appointing people into office is to please them for having supported you. If this is allowed to go ahead, it will set a very bad precedence. The opposition and NGO’s are supposed to offer checks and balances in order to curb such excessive use of power. Â Â
This whole is really dividing our country in the centre. Both groups seems to hate corruption but are not in agreement on what defines corruption. Others see MMD’s corruption and others see PF’s corruption. I think both are real as we are witnessing now. We are going full circle back to square 1.
I view the judgement as too complicated for Ukwa and the only way he could get his way is by getting rid of the people that are seen to be standing in his way. Not a wise move coming from the highest office in the land. We are not in the colonial era when people where ruled through initimidation and fear. Â
Like I prophesised that MCS will win 2011 elections, I now see the three judges found guilty DPP not resigning and all of Sakis clients convicted, wait a minute aha … I see PF rule for not less that 20 years and I also see Barotseland remain Western Province of Zambia, infact I see a prosperous united Zambia with oil from Western province, uranium from Northwestern province and Gold from Central province. SO SHALL IT BE LIKE IT WAS IN SEPTEMBER 2011.
Let’s pray for all those that have not experienced the malevolence of your so-called justice system as practiced by your so-called judges and the judiciary. Those of us who have first hand experience will pray for the nixation of the entire corrupt system. May God’s name be blessed!!!
These Judges are not squeaky clean and they have not been sacked but suspended pending tribunal findings and recommendations, the problem with you chaps is you read that biased shambolic tribalistic unprofessional blogshite Zambia Watchpig for your information. Editor’s Choice is a joke.edited from the toilet.Â
I should have added that the whole system managed by lawyers is absolutely rotten. I have personal experience of the Judicial Complaints Commision. It is as dirt as they come!! Mwanawasa corrupted the lawyers when he elevated them above all professions because he himself was so ignorant of the world that he could be said to have been blind!!!! He lifted lawyers above scientists, philosophers, educationists, administrators, the military, etc. It is Mwanawasa who is responsible for he ego of the so-called lawyers and the judiciary. During my time, the law school admitted students who could not go into the sciences, education and administration.
Useless article, next time learn to list the names of political parties and their spokes persons. Not ALL!!! what is ALL?
To the MMD and  5 parties, I salute you! WELCOME to opposition politics and start counting the days before next elections, 4 years and months. The Judiciary is rotten, what are these fools complaining about? Even a boy in the street knows that the judiciary is the most corrupt in Zambia. Let PF work and you can continue licking your wounds from the last elections. Some judges are not helping, they need a rest.
Milupi should stop intangling himself with the likes of discredited polititcians of the ilk of HH. The risk he takes by such liaisons is that peole will not notice the difference.
Its a sad state of affairs we have in our opposition,no consistence. Look a them trying to kick out the DPP on fictitious allegations yet the same chaps are defending other vile thieving individuals out there. It is ironic that these chaps are also ignorantly basing their argument on the constitution yet we have the First Draft Paper awaiting submissions & debate from the public. Is this the right time for this? Â
These are the same people who will be complaining in 6 months time about contentious clauses if any in the Constutition yet they were busy ranting and moaning about trivial issues that won’t go anywhere just yet. The DPP has the backing of the President and he won’t be sacked just because the opposition parties dislike him not even much older democracies in Europe does a ruling leader bow to that “pressure”.
Very sad state of affairs indeed  **SMH as I’m sipping hot Milo **   Â
Good Nite!
Thank you brother. Just ask Obama on Eric Holder who is the the equivalent of our Justice Minister and as we are, they are both black americans.
Kanshi imwe bakapoli batumbwi wamumutenge, mumafuna chani? Everyone for the last 10 years has been crying foul including you the opposition how corrupt the judiciary has been with their tailored judgements and how it needs to be cleaned. When the PF took office, you were screaming on top of your voices as to how long they were taking to tackle the rot in the judiciary. After being patient and listening to incessant complaints from ordinary Zambians and now LAZ, the President decides by powers vested in him to take action, and again you cry foul? I mean what do you want as Zambians! And leave Mutembo Nchito alone. Many of you are just mad because he prosecuted your friends/relatives at the Task Force. An offender is pardoned, but yet a judge goes ahead and rule on a closed case? Get real.
No matter how many bloggers Pa Fwaka lines up to issue similar comments supporting this retrogressive move by Ukwa, the truth still remains: The President has erred here, no matter how in love with him we are. Suspending the three judges after passing such a progressing judgement meant to protect our resources from “mankeys in a maize field” is a bad and retrogressive move. Let the Post pay the money back. They are thieves and nothing else. Connivance and lobbying will not just do.
VIVA BAROTSELAND, NOT THIS FAILED STATE
I thought these good for nothing so called Opposition leaders were going to talk about the draft constitution but alas its sour grapes only. The suspended judges have been given a playtorm to defend themselves, so where is the problem. Kasaka grow up twanaka. Ba Miyanda nabo, at least he came out before an election. Lets hope he is not being used by the <5. Good to see the absence of the ony opposition political leader making sense of late in the name of Elias. Keep it up Young man.
Please Pipo, lets discuss these issues with an open mind. The questions raised by the Opposition Leaders are all valid and needing quick action. Mutembo and Mmembe do not own Zambia. It belongs to us all. Let them pay back what they owe us. VIVA Opposition Leaders for being brave against the serpent
UNFORTUNATELY NCHITO IS HERE TO STAY…..MUZACHIONA BANE……..
nowonder finance bank is hard on giving loans, kanshi nchito alikongola indalama shonse..iiwe ci nchito ala inkongole shaliwama ukubwesha,walasebana…..
Nchito and Membe, do not pay attention to these enemies of good governance, justice and fair play. You have every right as Zambians to fair treatment before the law. We, who know, where this issue started from, understand the root of the alleged strange behavior by the judges. Zambian Airways was not supposed to go under if RB had smallest sense of fair play and justice. Your request was simple, deferred tax payment. Mugande advised them but they were ill-bent on destruction. Having suffered mistreatment at the hands of senseless political leaders, why should you again endure unfairness at the hands of those who should dispense justice. We stand with you, no matter how much people want to hullucinate