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Suspended judges obtain court injunction against tribunal

By editor
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Two of the three suspended judges have obtained a stay to prevent the tribunal from sitting to hear their alleged impropriety pending the full determination of the matter by the High Court.

This is in a case in which Judges Nigel Mutuna and Charles Kajimanga have taken the Attorney General to Court asking it to quash President Michael Sata’s decision to constitute a tribunal to conduct investigations of their alleged misbehaviour or incompetence.

President Michael Sata on April 30th suspended Justices Philip Musonda, Charles Kajimanga and Nigel Mutuna and appointed a tribunal headed by Justice Lovemore Chipoka of the Malawi High Court to investigate the alleged misbehavior of the three Judges.The terms of reference of the tribunal were to be based on the allegations that the trio interfered with a case involving the Post newspapers, Development Bank of Zambia (DBZ and JNC holding limited and Mutembo Nchito.

High Court Judge, Fulgency Chisanga, in her ruling granted the duo leave to apply for judicial leave which would operate as a stay of Mr Sata’s decision to appoint a tribunal and suspend the judges and any adverse measures against the applicants.

“Upon hearing counsel for the applicants and reading the affidavits of Judges Mutuna and Kajimanga respectively, it is hereby ordered that the applicants be and are hereby granted leave to apply for judicial review.

“And it is further ordered that the leave so granted shall operate as a stay of the decisions of his Excellency the President to appoint a tribunal, to suspend the applicants and any adverse measures against the applicants in relation to the performance of their Constitutional duties as duly appointed Puisne Judges pending determination of this matter or further direction by this court,” Judge Chisanga said.

The applicants, through their lawyers from Eric Silwamba and Company and Shamwana and Company alleged that it was incompetent to appoint a tribunal to investigate a Puisne Judge regarding a judgment delivered in a civil case when an appeal was pending in the Supreme Court.

They claimed that they would demonstrate that the action taken by the President was unreasonable.

The applicants in their originating notice of Order 53 of the 1965 Rules of the Supreme Court 1965 (White Book) stated that the President’s decision to appoint a tribunal was illegal, premature and consequently null and void as his powers were premised on Article 98 (2), (30) and (5) of the Constitution.

They also contended that Mr Sata erred in Law and usurped the Statutory Powers of the Judicial Complaints Authority and those of the Chief Justice when he purported to assert the role of an investigator on complaints against the duo who were judicial officers because that was the preserve of the Judicial Complaints Authority.

“His Excellency also erred in Law and usurped the Constitutional functions of the Supreme Court when he appointed a tribunal to investigate them when the appeal in the said case is effectively subjudice,” the lawyers said.

They said the decision to appoint a tribunal to investigate the applicants and suspending them respectively was premised on improper motive and characterised by political consideration and actual bias without proper investigations but anchored on unsubstantiated reports by people enjoying particular relationships with the President.

And Judge Kajimanga, in his affidavit stated that he received his suspension letter on April 30 this year without indicating reasons and yet during a press conference on the same day the President made public allegations that he interfered with the retrieving of alleged cases from their fellow judge, Albert Wood and misbehaved jointly with Justice Phillip Musonda and acted incompetently.

“That at no material times had the allegations against me ever been lodged or made known to the Judicial Complaints Authority as prescribed by the Constitution as read together with the Code of Conduct. I am advised by my counsel that the President prematurely invoked the provisions of the Constitution by establishing the tribunal as the complaints authority of first instance,” Judge Kajimanga said.

And Judge Mutuna, in his affidavit also stated that he was not given any reasons for his suspension and that the action was premature and against the Law.

Judge Mutuna invited the Court to exercise its inherent jurisdiction to review the whole court record in the Supreme Court where a notice of appeal had been duly filed.

The matter has been set for May 30, 2012 for hearing of the judicial review.

editor
editorhttp://www.lusakatimes.com

128 COMMENTS

  2. Never a dull moment in Zambia! This is getting interesting, in the meantime does the Malawian judge return home?

    • No, Lovemore can stay on and enjoy our jillies stock pile while the drama unfolds. Now, please expect the usual headlines of threats and eposes’ in the PF press.

  3. Stop paying that Malawian opportunist and send him back home for now.

    Lets have the judicial review first…..and can DBZ also quickly move in to get their money.

  5. The Judiciary Vs GRZ (Guest Star J.Chikopa) Season 1 Episode 2
    Suspense Drama Now Showing.More popcorn..This is gona be a Hit series!

  6. This is better than watching THE PRACTICE…. I’m lovin the drama.Its nice to see the learned Lawyers and judges debating Zambian constitutional Law.A wake up call for UKWA? It doesn’t make lotsa sense to be able to suspend a judge just because he upset some ‘friends in high’ places.Wonder why Justice Musonda didn’t work with Mutuna and Kajimanga. Mutuna/Kajimanga 1: 0 Sata/Nchito/MMembe/Malawian judge…..more popcorns

  8. Hahahaha

    Another Victoria bitter for me….
    People need to standup to this moron who wants to destroy our country…..

    Judge Chisanga its in the time of darkness that the brave standup.

  9. The puppert master (sata) is in trouble shud he fail to meet m’membe ‘s orders. Viva judge chisanga, viva independent judiciary.

  11. The only proof of the alleged unreasonable nature of the Presidents institution of the tribunal can only be established after the tribunal has sat and delivered a judgemengt / recommendation. Not before.

    In is therefore not only in order, but extremely relevant in view of this attempt at thwarting its very existence for the tribunal to carry out its duty. The suspensions remain valid. I can only appeal to the tribunal to work with all speed, but can not stop the process that has been set rolling.

  13. nkani yalula! now we shall see how independent our Judiciary is from the executive and criminals who want to abuse their powers and relationships

  14. Brave Judge…bravo! I hope there will be no Tribunal to sort out the competence of Justice Chisanga. The 3 judges may have indeed erred – but the complainantshave too much conflict of interest in the case and their complaint sounds too personal.

  15. am loving this,just cant wait for a comment from LAZ…and DBZ don’t blind us tell us how yu will recover 5hat loan…no stories please

  19. Oh What A Sweet Life!!! Oh my goodness, so much drama while my country’s future is at stake. So, with the stay granted, Chikopa either goes back or remains for the next two weeks at tax payer’s expense. He then, resumes his work should the High Court says go ahead or the president sets himself up for impeachment if it is proven that he abused his constitutional powers. This is unwarranted uncertainty. What’s going on?

    • WAIT BROTHER the truth is yet to comeout.some people have said that this is a double adged sword that could fall on any one.So 30 May 2012 remains an important day for the future of our country.On that day, all the uncertainity shall be removed.VERY TRICK SITUATION INDEED.I HAVE NO DOUBT THE HIGH COURT WILL DO A GOOD JOB,BU THEY HAVE TO BE BRAVEON THIS ONE.

  20. Thank you Lord for hearing the many suffering of your people – their money being plundered in broad day light! Even if the decision of the JCA eventully goes against the learned judges, at least precendence would have been set, that a president (in this case UKWAAAA) can NOT wake 1 morning and decide to suspend the Judiciary, just bcoz the presidents friends have had a bad in court. Evil cannot forever over power light :)

  22. THE MOST HONORABLE THING FOR JUDGE WOODS TO DO IS TO HANG HIS BOOTS. HE IS COMING OUT AS THE MOST CORRUPT JUDGE IN ZAMBIA. HE WANTED TO WRITE OFF PUBLIC FUNDS FOR THE BENEFIT OF HIS OLD SCHOOL MATE THE THIEF MEMBE

  24. In the UK where Guy Scott comes from the he executive is not allowed to delay the course of ‘common justice’. This is a ruling that goes back over 100 years. The executive is also not allowed to force judges into acting in a manner that is anything other than impartial. Can Mr Scott prevail on his illiterate friend Micheal to have some respect for democratic governance?. Why should donors give money to such a regime?

  25. the judiciary must just teach sata a lesson! its their chance to assert their independence. the man has no right ukulapanga utushila mu judiciary uninvited and without knocking

  26. I can see that some people wake up from dreams and just yap for the sake of it. The President bane is overall and what he sees fit after consultation will be ordered to be done. All powers are vested in the President and modulated by subordinates. I like #s 1 & 10
    From day one goons are bitter with Mikhail and the world is laughing at fools who never support their government.
    All sundry lets accept 1 Michael is Presido upto 2016…ba kabwa!!!!!

    • It’s time you took up night school!! The President is NOT SUPREME as by our constitution!!!
      For any one who has read & COMPREHENDED the constitution, this is no surprise! WHAT HAD BEEN A SURPRISE was THE GOONS IN LAZ thought NO ONE WOULD FIGURE THIS OUT!!!

  28. This is drama for judge chisanga and his so called fellow judges and lawyers.The tribunal is set and no injunction will prevent what we the people of Zambia want to know.Something common here Elick Silwamba represented DORA.What is the fear of being probed if you are clean.Let the tribunal do its Job period.Mwebantu let us Support the President no whictchhunt see beyond not all days are sundays people used to see just be strong bwana judges.Regard your neighbour,s gain as your own and loss as yours.This is one of the golden rule and the president has made very clear to the tribunal to be fair and natural justice to be followed

  29. Commission of inquiry please, did the president breach the constitution that he swore to protect? I think this is gonna be interesting!

  30. I strongly feel impeachment is looming, the only thing that will stop it is ‘penza’, ‘Paul Tembo’ on any of the judges. Please security wings i appeal to you NOT to isten to selfish people, the blood of the people you kill will be on you…….

  31. am loving zambians they call our president “ukwa” but the same man has made the judiciary free to sit on cases free,then all who call our HE MCS are better “ukwas”.if he wanted he can hi jack the judiciary,there other avenues which can be used to probe the corrupt musonda as mohan described him today on muvi tv,BOMA NI BOMA!!!!!!!

    • I like your thinking.Sata is the most fair of all presidents. He has allowed the judiciary to be free and yet people call him names. I am failing to understand the thinking of he majority of Zambians. Thanks for exhibiting this level of level headedness. 

  32. “They claimed that they would demonstrate that the action taken by the President was unreasonable.”. this the 21st century and I salute the courage of the two judges. fight for your rights. “Free men we stand under the flag of our land” is what we sing in the national anthem. The opposition has been vindicated.

  33. Wait till you see the screaming headlines! Gosh! Some how, the opposition, satanists, the EU, the corrupt and bandits have a hand in this. Watch the daily mail!

  35. #19 Sikanka Pakunya cacine nge shina lyobe you are completely blinded by foolish loyalty and it is you who is kaabwa because you CAN ONLY SEE RIGHT in whatever everybody sees wrong. Your Mikhail’s deeds are being unveiled now, 5million litres of fuel went to Malawi two weeks ago, today most parts of Zed have no fuel, you call that yapping for the sake of it?e

  37. This is very academic and no celebrations/condemnations are warranted yet from any side, should the judicial review establish that the president operated within his constitutional powers which is highly plausible, the tribunal continues and in the court of public opinion the judges will be seen as having had something to hide by this action. On the other hand, after the same judicial review should the injunction be stayed – also plausible, the president reinstates judges and opens himself for impeachment proceedings. What a gamble? Either way, these are interesting times to be alive … history is being made by the smart people of the Zambian Enterprise and in the future we would created our own destiny using the issues of now. It is the Zambian thing to do, God bless our great nation.

    • B R Mumba Sr, for the first time ever, I salute you. I wish you would say the same about the Barotseland process. Lol.

  38. This is real justice erspecially when uneducated president consider himself above the law when he was voted by by the poor. Serpent Cobra Ukwa Sata is a dull leader because he did not read the mood when the opposition raised the issue typical of a dull man when given chance to rule. There is no smoke without fire, Serpent Cobra Ukwa Simplicity Sata errored in law and the presiding judge has just proven to him that he is a dull leaders. Any how, will pay the Malawian judge for inconviniencing him and it sad that Zambia will pay him for doing nothing but just because of some presidential error. Serpent Cobra Ukwa Simplicity Sata is just proving to me that hwe is a dull man and not fit to lead me. Mulomo uzamuletelarani aSata na mamboza yunu.

  39. The Judiciary has become rotten.What are they scared of? Let them prove their innocence then they will have their heads high up.The president has decided to come in order to stop the rotten Judiciary.Why have they filed a Judicial review when they have seen that Tribunal Chairman has come in to the Country? They want to delay Justice and the days are numbered for these corrupt Judges.

    The Chief Justice must resign and if he does not the President must ask for his letter of resignation as soon as possible for failing to discipline his Subordinates.The President has not breached any constitution here and he is in order.

    • President is not above the law. He has to follow laid down procedures. You don’t just wake up one day I am suspending judges without following what the law says.

  40. Zambians need to realise that Sata is way ahead many of you who are here celebrating! The guy is sharp and you will see where this stay will take the two judges. If they have not done anything wrong, what are they afraid of? That the tribunal will wrongly find them with a case to answer? They KNOW why the have done the stay!!! Watch this space.

    • They are NOT AFRAID of anything!!! THEY WOULD HAVE TO HAVE BEEN BE VERY S.TUPID TO ACCEPT SUCH CRAP TO OVER RIDE OUR CONSTITUTION!!!!

  41. 27, your president is in big shyte. Its not for you to make that conclusion that he has not breached the constitution, thats the job of the judicial review.

    25, you left out the third option, the likely option ana average dictator would take is to organise mysterious deaths/disapearances of people critical to the process, more like what the did to Penza and Tembo in the past. that way the process would get halted and he basically does what he likes……

  42. Sata is surrounded by incompetent advisors. I know one thing for sure, and that is Sata is not the most intelligent president this country has ever seen. But he can do better by surrounding himself with great minds, otherwise he will continue looking like a clown.

  43. @ 29. Ba Impeachment Yayandikila: third option would take us back, way back and I think that this president does not have a heart to push for a zero-option measure the way FTJ did … his wife too has a bigger say and has really helped this man achieve the presidency unlike Ba Vera who had no clue what was going on in the country while she was First Lady. Iletinya iyo mwalaanda. I am hoping it does not get to that. I see Dr. Kabesa more the way Maureen was to Levy and I don’t see MCS taking the third option but again, I may be wrong … I have been wrong before, and not ashamed of that but like I said, option three … iletinya iyo. 

  44. I don’t think Sata is capable of using the third option. But viza pita chabe, at the end of the day we are going to emerge as a stronger nation. Justice delayed is justice denied.

  45. 31, i like you sincerity but i think you may be mistaken on who was the evil power behind FTJ. Kaseba is obviously the most educated first lady we have had (I know its incovenient to mention that the most educated president so far was RB) but unfortunately also the most morally bankrupt. If you were to question the health of your president out of genuine concern, i bet she would see ‘iddleness’ in you…which is very unfortunate especially for a doctor to think in that fashion,but what do you expect this is a woman who grabbed someone’s husband when she was only 20 years old…….and he was about 45…..

  46. This is a first knowing that you can challenge a decision by the President in the courts of law. It demonstrates that our judiciary is NOW free to adjudicate and interpret the law independently and without any undue interference from the executive.
    Thumbs up to HEMCS for being a true democrat for observing and allowing the separation of power to start taking root in our young and dynamic democratic country.

    • True that! Another way of looking at it is that our current president is very s.tupid to do something unconstitutional

  47. BR Mumba, Do not become scared because the PF government is in control.The has Attorney General Mumba Malila, Solicitor general Musa Mwenye, Lega Affairs Minister and DPP Mutenbo Nchito.All these guys are the best lawyers available so far and thats the reason the President called them to work with him.This review is going no where and these corrupt judges will end up in a ditch soon.  

  48. Dictators are not born but made. We need a dictator in Zambia to sort out these mafia. valuable time for development issues is being taken by a few characters using the loot they acquired. Where is the venom Mr President!

  49. An attempt by the horse to ride the rider. What timing? Wait for ACHIMWENE  to land in the country, let him gain some kind of contentment  and then, wham! Drop the card, or call it interim checkmate! There must be trepidation on MCS`s part as the injunction has gotten under his skin. Zambia,”The Real Africa” is really living up to it`s expectation as there is no boring moment. This is of great interest and we wait to see how the theater evolves.

  50. At this stage of public awareness and deep local and international spirited scrutiny, Sata would not risk with the option of resorting to some Macabre tactics. Deep in a political quagmire, it would be foolhardy to think he has a window of ordering some Macabrees daunce too dangerous in highly polarized political order where a country has active political and security diversity literally building a critical mass.

  51. At this stage of public awareness and deep local and international spirited scrutiny, Sata would not risk with the option of resorting to some Macabrees daunce. Deep in a political quagmire, it would be foolhardy to think he has a window of ordering such when its empirically too dangerous in highly polarized political order. Our nascent democracy has has an active political and security diversity literally building a critical mass against reversal politics of authoritarianism.

    • Senior Citizen, or would I say, Prof Senior Citizen, that s a good mouthful. Did you just write that! Hahahaha! Watch the media outburst henceforth.

  54. A judicial review can easily be done as early as this week. We cannot have a situation where judges are enjoying good conditions of service but they are not accountable to the people. Cases are frustrated and thieves are walking free.

  55. All Engineers out there, see how these people waste time and money? Educated thieves are the most stupid people you can ever deal with. A simple issue of “performance assessment” has turned out to be a hot issue within political and legal circles. No wonder a named professor said a “chinese” model of leadership is unique because it targets development and not mere democracy. Meanwhile, they get the best pay in the country. And who said never to get a citizenship in another country? If you need insurance from mediocrity, get your citizenship. The day kaponya’s will rise, law will be out of the window bakabwa!!

  56. Some 20 years after rejecting authoritarianism rule, yearning for a strong hand tyrannical mandate could only be something rooted in several individual fallacies. First, it’s an effort that cannot conflate our hard earned nascent democracy. Instead it’s failing our popular cry for a people centric democracy. Never again shall patriotic Zambians resign from national interest only to facilitate a dangerously incompetent manipulative counterfeit rule emerging.

  57. Ba Impeachment: Nice revelations, thanks a trillion for the input … I just find it hard that at this stage MCS would really use Op 3 given all the scrutiny.

    Ba Dollar: Thanks for your encourages there … I am not scared. I am excited at the turn of events within the legal framework – I can predict the business side of things, I am wired and well schooled in that but the legal apparatus has many moving parts to it.

    Ba Dildo: The end-game will be determined by which side would use more technicalities than the other, it looks like we have just started middle-game right now and the more pieces we exchange the better for a lean mean transition towards the end-game … a checkmate is very much insight not a stalemate.

    Ba Senior Citizen: Let’s wait and see …

  58. Excepts from Mmembe’s Post editorial of Jan 10th.
    “This is how rotten our judiciary had become. We don’t want again to see a judiciary that is for Michael Sata and his colleagues the way we had, not very long ago, a judiciary for Rupiah and his friends. We want to see a judiciary that is truly independent and serving nothing but the interest of justice.”

    I know that Sata, Mmembe and Nchito will respect the judgment…
    \:d/

  59. Sad state of affairs, whilst all this is going on Lovemore’s meter is running, although it is a stay of proceeding pending judicial review. The court will eventually rule that the President acted with in his powers, time wasting at tax payers expense if you ask me. Anybody even halfwits can obtain a stay of execution pending judicial review of any case. At the end of the day its the blood-sucking lawyers and commissioners who will rubbing their hands with glee. 
    At least we know that the courts are independent under the PF government.

  60. Yes Yes sYes finally someone to stand up to Ukwa, way to go. I can’t wait to see how all this goes. 

  61. @maxwell… you are well!!!! those corrupt judges dont want the tribunal the reason is simple…they want to go back to work in the time of stay to go and temper on the evidence and burry the truth,wait and see someone being found with papers in the toilet trying to flash stucks of files…kikikiki

  62. someone leanerd has his own opinion and said the state can apply to the higher court to revolk the stay pending hearing of thier leave,this can be done by supreme court judges if the state wanted…what would you expect from SAKALA? he wants to keep the job so its obvious the corrupt judges will still face the tribunal or flee the country using bicycles or oxcarts

  64. Oxmos and Maxwell (better known as Nchito and Mmembe ,why do you keep referring to ” these corrupt judges” do you know something the rest of us don’t know? did you offer them a cut of the 14 bill which they turned down because it was not enough? Ajudicial review will give them ( and you dunderheads) the chance to clear their names once and for all in a proper court of law not in a kangaroo court headed by a skinny little red-lipped judge who many would be forgiven for likening to a hyena.

  65. at first musonda wanted to be retired, now his friends want a judicial review.this speaks volumes about the whole thing.we cannot hide behind the law.zambians have the right to know the fairness of our judges.please give us a chance.you see a speck in someones eye but you have a log.the judges should not be seen to be above the law.

  66. This is NO SURPRISE for any one that has had some time to read & COMPREHEND the various Articles relating to invoking a tribunal! WHAT HAD BEEN A SURPRISE, was that in the last few weeks, even the Legal fraternity seemed to display HIGH LEVELS OF IGNORANCE as relates to the Constitution, going by their comments!! As for the Attorney Gen., either he was hoping enough people would be hoodwinked into believing the President could have his way or he is SERIOUSLY IGNORANT!!!

  67. Wow,reading through the blogs one gets the impression that the verdict in the court of public opinion is much harsher than that to be reached by the tribunal.

  68. This is a mission in futility. Also note how these stinking wigged lumpens of the bench do not seem to have any bone to chew with the allegations but only the procedure. If I had my way, I will fire the whole Zambian bench from magistrates to Sakala himself. Jerry Rawlings went further, he fired them by firing squad!

  69. SOME OF YOU PIPO HERE YOU HAVE SMALL BRAINS SUPPORT THE RULING GOVERNMENT STAT IS RIGHT WAIT AND SEE YOU EMPTY TINS WHICH MAKE A LOT OF NOISE!!

  70. Judciay has now shown us its true colours, and i totaly agree with what ROGER CHONGWE said the judciary is rotten to the core. and its true the fish starts rotting from the head as fr LUONDE said a few days ago

    • i find hard to comprehend the extent to which a person gets hoodwinked and fail to really analyse issues with a critical mind. the judiciary is ok but the people assigned to those positions either become good in their duties or go rotten. curb whatever is wrong regardless of status and let no one disrupt or manipulate the system. 

  71. The word ‘Injunction’ and the phrase ‘stay of execution’ are not synonymous and should not be used interchangeably. The former remedy is not available against the state but the latter can be granted in judicial review proceedings when granting leave. in fact, the granting of leave to commence judicial review proceedings should automatically apply as a stay of execution. This is a point most Judges miss ( Lap GreenN & Tujilijili case). Bravo Judge FMC, you make me proud.

  72. Judge Chisanga can be likened to Rosa Parks who on December 1, 1955, in Montgomery, Alabama, Parks refused to submit to a bus driver James F. Blake’s order that she give up her seat to make room for a white passenger.  Judge Chisanga like Rosa Parks has become “the mother of the freedom movement” in Zambia. Diplomats accredited to Zambia should take keen interest in this case which is defining the way the country is being governed. The past eight months have been horrendous. 

  73. Lol! Kaseba most educated of all first ladies, please Maureen is also a graduate. If indeed kaseba is advising the president then I suspect she is not very intelligent going by Ukwa’s mistakes in the 8 months he has been in office!

  74. Corruption is an intitution with structures. In the structures are people positioned with specific tasks to protect those involved in corruption. Mind you people involved in corruption become very very powerful because along the way they acquire alot of money.
    Those who wish to fight corruption have to be equally men of power and influence, remain steadfast and fight the batlle relentlessly.
    I was of the view that the tribunal will give the 3 judges an apportunity to clear their names once and for all. The recent happenings probably explains why we need an outsider to head the tribunal. If the CJ was a man of morals, the best thing will be to resign. Fish starts to rot from the head.

  75. Sata’s cadres are very difficult to understand. Are these judges corrupt because they have ordered sata’s friends to pay back k14 bn they borrowed from a tax payer aided bank? If this corruption I would like to have more of it!

  77. This is one more sad example of what you get when trying to run a country by doing everything with “immediate effect”. Whereas the rest of us have mostly accepted that it will take more than “90-days” to fix all that is wrong in Zambia, MCS and company still seem to believe in this theory and therefore give too little attention to thinking their policies through or whether they are even legal.

    Even for those who wish to give the President the benefit of the doubt (i.e. that the suspensions are about fixing corruption in the judiciary rather than protecting the President’s friends), it is a poor reflection this administration that they did not do better legal research to avoid such an embarrassing and costly development. Such errors only undermine the real fight on corruption.

  78. #74, true that fish starts to rot from the head. BUT who said that the fish had started to rot, the discredited mmembe and his cohorts?

  79. Should i allow the police come and search my bed room anytime they feel like just because i have nothing to hide ?

  80. The law has so many provisions and i can tell u my colleagues that His ecelence did not erroe in any way just as the culprit judges have identified another pieace of the provisions.

    Chikopa Alakaka bane nga tamwamumfwapo.

  81. WHAT ARE THE JUDGES FEARING? LET THEM JUST GO THROUGH THE PROCESS AND PROVE THEMSELVES INNOCENT. WHETHER THIS IS STAYED NOW OR NOT TRUST ME IT WILL CUP SOME DAY. YOU WANT TO CHALLENGE THE PRESIDENT – DO YOU KNOW WHAT THAT MEANS. WAIT AND WATCH.

  82. #26 Sikanka Pakunya, “From day one goons are bitter with Mikhail and the world is laughing at fools who never support their government”. Ba Sikanka Pakunya, mwilanya chinyenyenye, mention one instance when MCS ever supported “his” government when he was in opposition. He opposed anything and everything, even very good things. Kano nga ebo, what goes round comes round.

  83. Bwembya you are a fool. The judges are not saying that they are not corrupt, the law is very clear. If you found me stealing you cannot just send me to jail I have to go through the justice system here before I can even see the inside of the prison.

    The constiotution is very clear on the processes that one has top follow. if the president did not follow procedure then ALOBA IYAUMA. Foolish boys.

  84. This is a day to celebrate for those who believe in procedures and fairness. There is no way the entire presidency should be moved by complaint of two individuals who have not paid a loan back to DBZ, to suspend judges who are asking for a just thing to do, paying back the loan. Even if MCS was to use his influence to over rule the final judgement we shall know what he stnads for. How can he say following procedures is support the corrupt rich? who is richer even if one was to put all resources of the three judges together and Mmembe? For sure Mmembe is richer by far, then who is protecting the rich and the corrupt

  86. Clearly the president is a mr-know-it-all – it shows that he does not listen to advisors or he doent even have advisors. I get the impression that he is arrogant and thinks he knows all things.  

  88. If President SATA did not pay the malawian lawyer over his deportation case, the best was to find a clear business opportunity for him through which he should make-up for the costs other than to directly use tax payer’s money over a poorly solicited and fabricated case.
    It is not in order to try and use this case to pay Mtembo and Mmembe, using public funds, for the support they rendered to SATA before, during, and after elections.
    When one becomes president he does not in any way own the country.
    Much as the president has powers, he only does within the provisions of our constitution. The president has no power to set aside the constitution and run the country based on his own wishes, because it is the same constitution that gives him powers to act.

  89. Amazing that the whole Ministry of Legal Affairs did not advise the President on the constituional CONDITIONS PRECEDENT to the appointment of the Tribunal. Without following those strictures BEFORE appointing the Tribunal,what followed was NULL and VOID ab initio and of no effect whatsoever. Cry our beloved country.

  90. #88 continued,
    In fact any attempt to set aside the constitution makes the presidence null and voide.
    That means dissolving the presidency because where will the president derive the power from.
    It is like the power of veto by the president; he can only veto 2 times but if the national assembly still votes for the proposal, the third time he is mandated by law to sign it into law, because third veto implies dissolution of his presidency and dissolving parliament and calling for fresh elections.

    So those of you who think the president has all power and can override constitution, are gravely mistaken, and extremely challenged in thought. You have forgotten that the power you are reffering to comes from the very constitution which he mustn’t violet, because there are consequences.

  91. Good morning

    Well, after so much analysis by so many people, what more can I say?
    The horns may be locked for now but it is no reason for despondency for the champions of truth and justice. No ammount of court injunction, no army of lawyers out there can ever stop the truth from revealing and justice from prevailing.

    Meanwhile, all other priorities of national interest must not be put on hold just to deal with 3 suspended judges. Let them spend a lot of their own money to protect their already damaged reputations as the nation moves forward.

  92. #90 continued,
    You could clearly see that there was an error in the action.
    Mtembo Nchito and Mmembe should have left the appeal process within the judiciary where it is supposed to be handled if they were not satisfied with the judgement made over their case.
    In which year did the law change to allow people to be making legal appeals to the president or the executive?
    I will be grateful to learn that one.
    It is vital for all of us to pray for the president because he may not be getting good advice on a number of issues.
    It appears that his cabinet is full of fear and are unable to advise accordingly.
    They forget that if fails, then all of them, including all of us as a nation we will have failed.

  93. Michael Chilufya Sata (recently re-branded UKWAA) mooned his way into plot 1 with a rhetoric vote in sept 2011. Now, in just less than a year, the loud, brash, rhetorical, hypocritical leader of Zambia has been caught pants down. The mercurial Sata is a victim of his own hubris. Once elevated to the national stage, he started believing that he was bigger than Zed. when he was allowed to bully, insult and intimidate parliament, the judiciary, NGOs, opposition parties, he believed he was invincible.
    He is not.
    Cont’d 

  94. Cont’d 
    As demostrated yesterday by judge Chisanga’s granting of the Judiciary review in favor of the 2 high court judges, Sata failed to understand the principles of good governance, responsipilities and privilages that comes with the office he occupies. 
    Though eventually, at a later stage the justices would have to go through a properly constituted inquiry, Sata has realised that ultimately the power that he enjoys as the holder of the office of the president, belongs to the people of Zambia – not to Sata. 
    God bless zambia

  96. mohan yesterday said judge musonda is the most corrupt judge so you fools from the opposition why are barking like hyenas.why are these judges afraid .if they are innocent then let the tribunal operate freely

  97. #96 Kanyakula,
    Why let a WRONG tribunal operate freely?
    If you trust your lock and you hear thieves trybing to break in will you not call the police because you trust your lock?
    Would you love to keep a maid who will bath your baby in COLD and DIRTY water, and when asked why she washed the baby in cold and dirty water, all she says is the baby was very dirty so i wanted to clean the baby quickly and I did not want to follow proceedure?

    What is important in this case is that proceedure must be followed; whether the judges were corrupt or misbehaved or not is not what people are challenging here. It is the method used to address the perceived problem.

  99. What some people can’t see is that, in this, the president is not interested in the plight of Zambians, not even the three judges. His main focus is to reward Mmembe and Nchito of their role in his campaign and subsquent election. Also to use the same case to reward or pay off his Malawian lawyer who helped him in his deportation case in Malawi.
    I tell you that many Zambians are very easy to cheat, this is why whites found it very easy to colonise Africa and they have continued to manipulate many african countries.
    We have always believed that THINKING is a waste of time – we simply need our time to dance, clap and lough, why waste precious time thinking!! This mentality has created much opportunity for foreigners to manipulate african countries, and even for some local leaders.

  100. All of a sudden you dull Zambians or PF cadres want to give audience to a chap in the chuks! That’s why he’s there in the first place because he’s a criminal. Liberate a criminal to liberate other criminals? To hell with all these criminals who want to steal from us in broad daylight. The judges are presumed innocent until proven otherwise, but let the law take it’s full course. No short cuts to justice and let us not destroy our drive to democratic maturity be ruined by political expediency.

  101. Fantastic points altogether, you just gained a brand new reader. What could you recommend about your publish that you simply made a few days in the past? Any sure?

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