The Kitwe High Court has dismissed an application by the State to prevent former Solicitor General Abyudi Shonga from representing the Law Association of Zambia (LAZ) in the case in which it is challenging the appointment of the Acting Chief Justice, Lombe Chibesakunda.
This is in a case in which LAZ as the plaintiff has sued the Attorney General and Ms Justice Lombe Chibesakunda as first and second defendants, over the latter’s appointment.
LAZ is seeking a declaration that the re-appointment of the Ms Justice Chibesakunda as Supreme Court Judge in May 2002 was illegal, null and void and that she should vacate the office of Supreme Court Judge.
LAZ is also seeking a declaration that the President may not appoint a person who has attained and exceeded the age of 65 years to the office of Judge of the High Court, Supreme Court, Deputy Chief Justice or Chief Justice.
Last month, Solicitor General Musa Mwenye had applied that Mr Shonga withdraws from the proceedings because it was unprofessional and an outreach breach of confidence.
Mr Mwenye had submitted that Article 54 provides that a contract cannot be concluded without the advice of the Attorney General and that during the contract entered between Ms Justice Chibesakunda and the Government, Mr Shonga was Solicitor General and later Attorney
General.
In response, Mr Shonga said he was not Attorney General in May 2012 and urged the court to take judicial notice that he was appointed Solicitor General in August 2009 after the renewal of the first contract which was not the contention before the court.
And in his ruling in chambers yesterday, High Court Deputy Registrar Charles Zulu dismissed the application on grounds that there was no confidential obligation on Mr Shonga’s part in representing LAZ.
“In light of Mr Shonga’s present instruction to act on behalf of LAZ,I can safely say there is no risk or actual conflict of interest and confidential obligation on his part.
“Therefore the application to have him restrained or prevented from representing the plaintiff is dismissed,” he said.
And LAZ has raised a preliminary issue in which it has applied that State counsel Bonaventure Mutale cannot continue representing Ms Justice Chibesakunda in the matter.
In an affidavit in support of the summons to raise the preliminary issue, LAZ president James Banda stated that Mr Mutale was in conflict in the matter and cannot represent Ms Justice Chibesakunda.
Mr Banda stated that Mr Mutale’s senior partner Likando Kalaluka was a council member of the plaintiff association and was aware of the intentions to litigate against Ms Justice Chibesakunda.
The matter was adjourned to February 14 next year.
More time wasting by these useless judges.
Time to concentrate on important issues not petty matters and individual vandettas
Yes more time wasting. I hope tomorrow will not have again pictures of the week full of the new Zambian tourists who is current in South Africa, Chellahs mother’s death, DM arriving in cargo etc.
Ah! Mulenga and Jelita as appropriately refer to yourself, I would advise you to ‘skip’ if you don’t follow an issue.
just remove that ugly thing from the highest office of our justice system, they are more competent people like ECZ chair who do the job professionally
This demonstrates just how porous the current constitution is. If there was a limit to the time one could act as Chief Justice then she would have been replaced. Ukwa and his band of thugs have obviously exploited a loophole. The other problem is whether a person over 65 years old can so much as be acting Chief Justice. I wonder whether the constitution is clear on that.
The matter was adjourned to February 14 next year.
Really!!!!!!!!! next year is ideal to hear this case. Kwena eeehhhhhhhhh!!!!!!!!!! law and the courts at work.
There is so much personal interests at play and not the interest of the Nation, (zambia)
CASES WILL CONTINUE TO BE THROWN BACK AND FORTH UNTIL SATA FINISHES HIS TWO TERMS. THIS IS ALL CIRCUS. CAN WE CONCENTRATE ON SOMETHING FRUITFUL. SOMETHING THAT CAN SEE ROADS CONSTRUCTED AND HOSPITALS BUILT WITH ADEQUATE STAFF. SOMETHING THAT CAN BRING BREAD AND BUTTER ON THE TABLE OF A POOR MAN IN SHANGOMBO, LUNGUMUKUTA OR CHINYAMA LITAPI. THE VERY BASIC THINGS THAT PEOPLE NEED WITH THEIR SHORT LIFE EXPECTANCY. WHILE WE APPRECIATE THE VALUE OF THE LEGAL SYSTEM LET US BE MINDFUL OF THE GREATEST NEEDS OF THE TIME THAT WILL BE OF GREATER BENEFIT TO THE POOR PEOPLE.
wait untill they appeal to supreme court.There its all in favor of pf and govt
Oh! This was just an application to restrain the lawyer representing LAZ. It may not be appealed against. LAZ has also made an application which has been adjourned.
@2 kalonga
Take a look at your own filthy mother and see if the looks she has now are what she used to ve when she was young. Your suggestion we keep pipo like ecz boss, what good ve you seen in that philippino woman at ECZ?
u hv no morals, not even bad ones. if u hv nt seen any profsnlism in ecz then i wondr in whch cntry u r leavng? if th justce systm workd like ecz does, ther wud b no circus like we r seeing now in many cases, especially thos involvng corrruption.
open yo eyes brother
Very interesting developments. I think LAZ is full of intellectuals…