EIGHTEEN law firms have filed a motion in the Lusaka High Court to represent acting Chief Justice Lombe Chibesakunda in a case in which the Law Association of Zambia (LAZ) wants her appointment annulled.
Three of the law firms are headed by State Counsels, a superior position in the law fraternity, and these are Bonaventure Mutale of Ellis and Company, Sunday Nkonde of SBN Legal Practitioners and Humphrey Ndhlovu of HH Ndhlovu and Company.
This is contained in a conditional memorandum of appearance filed in the Lusaka High Court registry yesterday.
On September 23 this year, LAZ president James Banda filed a statement of claim in the Lusaka High Court requesting the court to declare the appointment of Justice Chibesakuda as illegal, null and void as she has exceeded retirement age and cannot be re-appointed for a second time.
Other law firms to represent Justice Chibesakunda are Sam Chisulo and Company, Chitabo Chiinga Associates, Ituna Partners, EBM Chambers, Mukumbi and Company and MZ Mwandenga and Company.
Dove Chambers, Mutemwa Chambers, AMC Legal Practitioners, KBF and Partners, Chilupe and Permanent Chambers, AD Mumba and Associates, MSK Advocates, Derrick Mulenga and Company and Z Muya and Company are other firms seeking to represent Justice Chibesakunda.
The lawyers representing Justice Chibesakunda are expected to file an appropriate application responding to Mr Banda’s application within 14 days.
LAZ will be represented by 12 law firms and they include Shamwana and Company, Central Chambers, Muleza and Company, Kambo Chipanzya and Company, Mambwa, Siwila and Lisimba Advocates as well as AM Wood and Company.
Others are Sinkamba and Partners, Mak Partners, Makebi Zulu Advocates, Mweemba and Company, Hobday Kabwe and Company and Freddie and Company.
In the statement of claim, Mr Banda said there is a serious breach of the constitution by appointing Justice Chibesakunda as she is over the retirement age.
Mr Banda said Justice Chibesakunda was first appointed as Supreme Court judge in 1997 and that upon reaching her retirement age, she was appointed on contract in April 2009 by the President for a term of three years, which expired in April 2012.
He said President Sata re-appointed Justice Chibesakunda as acting Chief Justice on June 14, 2012, which appointment LAZ says was unlawful as the President did not have the power to re-appoint her after her contract had expired.
Nomba ba LT bushe uku penda kwali mishupa??? 8 na 18 tafi ligene!
Nomba mwe fiwa, teti mwa esha uku mwipika uyu baeba ati “Acting Tief, nelo ni thief, nangu ni chifu justice?”(nga fwili sheni eko ichisungu) Filya mwa esha uku njipika , kwena mwalifilwa??
Now legal daggers drawn out.
All Zambians present at the high court and millions watching on tv around the country, ladies and gentlemen lets get ready to rumbllllleeeee.
Introducing on my left 14 legal firms representing petitioner (LAZ) and on my right 18 legal firms representing the respondent (ACJ)
The referee bowman lusambo to give instructions!!
Ladies and gentlemen…….Enjoy
the gen.
good one.
this fight will be a ‘must watch’ as its pitting the countries big liars masquerading as lawyers.
let the show begin…….
This lady simply has no shame. My expectation is that she will be much happier at her age to lead a more quiter life than this.
Justice Chibesakunda – Ni sebana wikute zoona.
You have a point. The whole country is coming to a standstill because of one person. What is it with this lady, does she want to serve or to be served?
That in your thinging, good. But the appointing authority also thinks its ok. The appointee also thinks she has done nothing wrong. She also has supporters as we can now see the case of lawyers against lawyers. This woman must not be discriminated upon based on age. Truth isthe older, the wiser. Is it a case of putting all old people into dust bins even when they are alive! This ia a case of utter discimination against age. We must fight for the rights of the aged, including their right to work, if and when they are capable.
Ba CHITALU, it is the constitution barring her. The best way for her is just to sir – No Mr President.
OldRugsOut you are very right……CORRECT IN FACT. @Floyd Chitalu how do you justify someone who decided that a person who retires cant be appointed to a higher position in the judiciary? You must have your head CHECKED ASAP!!!!!!!!!!!!!!!!!!!!!!!
I don’t know the interest of these lawyers if they can’t defend the constitution. Lawyers vs Lawyers
Teachers,Doctors and Engineers don’t argue like this.it seems our lawyers are lost can they give as a good constitution? Let as wait and see.
Vanity of vanities, chasing against the wind.
Q: What’s the difference between a lawyer and a prostitute?
A: A prostitute will stop screwing you when you’re dead.
The right to work is for everybody, youth, middle aged and older folks. Everyone has a right to work. Support Acting Chief Justice. You have every right to work as long as you are capable.
“… You have every right to work as long as you are capable….”
Well, that is the point! In so far, no. Her capability has been tainted with her chairing Bench on a matter involving her close relative.
The right to work is not the issue I think its the constitutionality of the appointment that is the issue. It will be interesting to here the arguments and the decision.
from what ba chitalu you are say, it is very easy to see that you are a direct beneficially from the ACJ in one way or another.
I remember when Kaunda had court cases during Chiluba’s time and a number of law firms sprung up to his defence most of them without even being instructed by Kaunda.Kaunda sat back and thought the lawyers meant well only for him to be lumped with huge bills which he is still fighting with todate.I hope these law firms have express instructions and some of the names i see here are more synonymous with mediocrity they dont even realise that they need to act with instructions but have just jumped on board.
Maybe their interest is as amicus curiea…friends of the court
@Floyd Chitalu, I think that you are missing something when looking at this issue i.e. by stating that this is discrimination based on age; its about what the law says. For example, in Zambia one qualifies to get an NRC at age 16, voting at age 18, qualify to stand for Councilor and MP at age 21 and for president at 35 years.
Sex with a person under 16 years of age is a crime, bar patronage of under 18 is crime and so on and so forth. Can you call all this discrimination? Certainly not, there MUST be guidelines to everything; even with God there are laws which must be followed strictly for good society.
Or maybe what do you mean by that?
While; the law firms supporting Chibesakunda have onething in common, most of them seem to be Tribal in names (BEMBA). Just……..loooook at them
You’re very right LION. It is the Constitution barring Chibesakunda. Actually, Sata was Key in formulating the current Constitution.
all those law firms supporting chibesa kunda are run by bembas
Please list your supporting evidence, zambianyouth – it will be important to have that fact in the open. Otherwise you are advocating Rwanda without realizing…
Please lawyers own up!
You are really becoming an embarrassing lot!
The constitution is supreme to all tye noisense you are trying to show.
Just call a spade a spade.
I hope the tate counsel guys are not just practicing tribalism here.
Ba Nkonde, twalimicindike sana, nomba ifi mayamba tafimikumine, mwandini
Be real, Be umwaume. Kwapwa!
@Kalok, look here, two of the three leading the group supporting Chibekunda; Bonaventure Mutale of Ellis and Company, Sunday Nkonde of SBN Legal Practitioners are BEMBA or part of IT, others are: KBF (Kabwe Bwalya Fube), Chitabo, Mukumbi, Mutemwa, Mumba and Mulenga are Bemba or part of it i.e. tribes from the northern region.
That means out of the 14 listed above 8 are known to be from CJ’s region, but also among these whose names are in INITIALS, there is likelihood that some are Bemba, (MSK, Z muya and AMC as above).
This leaves you with a question; can it be true that most of the LAW firms or LAWYERS in Zambia are Bembas? Please deduce SOMETHING from this! Mind you, this is not to say all Bembas are supporting her, but that the numbers in firms supporting her raises questions…
what is the isssue between you and tribalism? even us who are not bemba are starting to wonder why you are translating everything in tribal line. The fact that you are failing to achieve something in life should not make you start thinking people are tribal. life is not for the weak. thats why in the jungle on the strong survive. stop your tribalism talk and find something decent to talk about. you cant be caling our cousing in the north as tribalist and expect them to vote for us the way they voted for Mazoka.
you are very shallow
My friend you very Shallow minded.
The stupidity of the interpretation of the law in zambia is at hand!
Poor Reading culture in Zambia will kill the nation. We like jumping to conclutions without facts.
(3) If the office of Chief Justice is vacant or if the Chief Justice is on leave or is for any reason unable to perform the functions of that office, then, until a person has been appointed to, and has assumed the functions of, that office, or until the person holding that office has resumed those functions, as the case may be, the President may appoint the Deputy Chief Justice or a Supreme Court judge to perform such functions.
(4) Without prejudice to the generality of clause (5), if the office of Deputy Chief Justice is vacant or the Deputy Chief Justice is on leave or is for any other reason unable to perform the functions of his office, the President may appoint a Judge of the…
(3) If the office of Chief Justice is vacant or if the Chief Justice is on leave or is for any reason unable to perform the functions of that office, then, until a person has been appointed to, and has assumed the functions of, that office, or until the person holding that office has resumed those functions, as the case may be, the President may appoint the Deputy Chief Justice or a Supreme Court judge to perform such functions
(6) A person may act as Chief Justice, Deputy Chief Justice or Supreme Court judge notwithstanding that he has attained the age prescribed by Article 98.
Njalamimba, dalo dalo man
A tribal clique from Congo defending a disgraced woman. All these lawyers are Kasai wabongos
Who will pay all these mercenaries. This shameless woman must be very rich
@ZP, ever head of the term “Pro Bono?” Consult. All the lawyers, in the interests of justice are acting pro-bono sir!
@ZP, and have you stopped to ask who will pay the mercenaries in the LAZ and those representing LAZ? Think before you sink, dude.
look at the names of those law firms, Bembas all the way
Nothing is forever…..
I for one want Chibesakunda not only barred but also made to pay back all money she took as salary and benefits. Sata shall be impeached on this ground and also appointing his sister -in-law as ambassador to Turkey. His sister in law holds british citizenship.
Patrick Mseteka
In Engineering Pi = 3.14 or 22/7 no questions.
In law anything can be challenged by anyone.
That is why criminals hire lawyers to face other lawyers… great field indeed.
That’s very true brotherman.Lets see the legal minds debate the issue and learn something out of this problem. Its good to test the presidential decisions in court so that those who aspire to presidents, like the tumbuka boy Patrick Mseteka, can get some legal and political knowledge. Mind you,this fight is good for the future presidents and CJs.Lets wait and see.
This position Zambia has found itself does not happen any where in this world. Here in developed countries lawyers have integrity to uphold the rule of law and defend the constitutionality of the land. In contrast with Zambian lawyers they are clearly divided over the Chief Justice’s position in the nation. This shamelessness of our lawyers begs to affirm questions about justice in the nation and the judicial system operating in Zambia.
Qausquas. Please you have said correctly developed countries these things don’t happen. Have you taken time to look in the history of these great countries to see what they have gone through to come to where they are today. We are, a developing nation. We should be debating and challenging each other, also giving space to other political players to debate on national issues without putting fear of arrest and other retrogressive acts. Its gratifying to see lawyers go court to resolve matters of national importance, mind you its easy to call lawyers and have money exchange hands in dark corners and we cannot know about it.Though they 50% corrupt, on this issue I have given them credit.
On which side is Kabimba & Co …..
CJ Woman just get off and get a job!!!
Tamwakwata insomnia ba mayo!