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Judges case hearing set for August 28, K14 billion case moved to October 11

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THE Supreme Court has adjourned to August 28, 2012 for hearing the High Court’s decision to grant Supreme Court judge Phillip Musonda and High Court justices Nigel Mutuna and Charles Kajimanga a stay of President Sata’s appointment of a tribunal to probe their alleged professional misconduct.

Acting Deputy Chief Justice Florence Mumba, sitting with other Supreme Court justices, adjourned the matter when it came up for hearing yesterday.

This is in a case in which Mr Justice Musonda and justices Mutuna and Kajimanga have been granted leave to commence judicial review against President Sata’s decision to set up a tribunal to investigate their alleged professional misconduct.

In May, High Court Judge Fulgence Chisanga granted justices Mutuna and Kajimanga leave to apply for judicial review and ordered that the leave act as a stay of the tribunal.

However, last month, the State, through Attorney-General Mumba Malila, challenged Ms Justice Chisanga’s decision but the High Court judge dismissed the State’s application to set aside justices Mutuna and Kajimanga’s leave to commence judicial review.

This prompted Mr Malila to file a notice of appeal in the Supreme Court to challenge Justice Chisanga’s decision.
Mr Justice Musonda filed an ex parte summons to join an order for leave to commence judicial review, granted to suspended justices Mutuna and Kajimanga, which was granted to him by the Supreme Court last month.

And the Supreme Court has deferred to October 11, 2012 the matter in which the Development Bank of Zambia (DBZ) is demanding K14 billion from the shareholders of the defunct Zambian Airways.

The shareholders were The Post Newspapers, Director of Public Prosecutions Mutembo Nchito and JCN Holdings.

Mrs Justice Mumba, sitting with Supreme Court judges Munyinda Wanki and Phillip Musonda, deferred the matter to October after DBZ legal counsel Buta Gondwe applied that the matter be adjourned.

This was when the matter came up for hearing yesterday.

The defunct Zambian Airways shareholders have been in court with DBZ over the K14 billion debt arising from a loan.

[Zambia Daily Mail]

19 COMMENTS

  1. is the Malawian Judge still in our country eating tax payers money. someone with infomation regards this guy?

  2. And Chikopo is still killing hangover after hangover from Glenfiddich and Blue Label? How daft can you Zambians be.Kill that guy out untill this whole mess is sorted out.

  3. I smell a rat of domino effect. 28th Judges suspended, given credence to the 11th october 14billion case a washout.
    2016 we’ll repossess properties along nangwenya road.

  4. what is the criteria of adjourning cases without stating reasons? do we as laymen have to guess all the time these white collar liars open their mouths?

  5. #5, exactly my question.

    What are the credible reasons for the adjournment of a case that has been pending for a long time?

    Is it a play with our psychology? One only hopes it is not this kind of working that is bringing the judiciary into question.

  6. Politics at play!! ‘ve just paid my loan for k10m after selling my car which I used as collateral! Why cant th buffons pay the k14bn? Dont play with our money and minds! An agreement is an agreement!

  7. Boswel Circus indeed, or have the supreme judges realised that malila’s appeal has no merit and is doomed to failure? My theory is that failure of that appeal can be a recipe for a constitutional crisis, it can be interpreted to mean that the president acted unconstitutionally and add to his unenviable list so far. On the other hand, the judges can’t find a reason to overturn Judge Chisanga’s solid ruling and they can’t risk their integrity by faking a judgement. So they can just play the adjournment game, while in the background advise malila to quietly withdraw the appeal. That is the best they can do for cnp. You will know if the appeal is withdrawn by the disappearance of judge chikopo from the Zambian scene, quietly.

  8. But the K14billion DBZ – mmembe case I can’t comprehend, especially that Judge Phillip Musonda was among the Supreme Court bench, and that DBZ was ordered to withdraw the case so who is pursuing the appeal case on behalf of DBZ? Boswel Circus indeed, and to think that it will be the norm in the remaining 4 years or so!!!!

    • READ THE STORY AGAIN, (“Ifya kwi katila ku muchila!!) IT is the DBZ COUNSEL WHO REQUESTED ADJOURNMENT (i.e. the COMPLAINANT IS NOT READY), otherwise the Judges would have proceeded!!!!!!!

  9. Ukwa,H.E. Sata vs The Judiciary, who is winning? What of the Malawian Judge, has he vacated the hotel?

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