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Acting Chief Justice to swear in tribunal appointed to probe Sylvia Masebo

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FILE: Acting Chief Justice Lombe Chibesakunda (far left), Tourism and Arts Minister Sylvia Masebo (second from left), Director of Public Prosecutions Mutembo Nchito (second from far right) and Justice Minister Wynter Kabimba (far right) at the just ended 2013 Southern African Chief Justices Forum and Conference and Annual General Conference at Zambezi Sun Hotel in Livingstone.
FILE: Acting Chief Justice Lombe Chibesakunda (far left), Tourism and Arts
Minister Sylvia Masebo (second from left), Director of Public
Prosecutions Mutembo Nchito (second from far right) and Justice
Minister Wynter Kabimba (far right) at the just ended 2013 Southern
African Chief Justices Forum and Conference and Annual General
Conference at Zambezi Sun Hotel in Livingstone.

ACTING Chief Justice Lombe Chibesakunda will today swear in three members of the tribunal appointed to probe Minister of Tourism and Arts Sylvia Masebo’s alleged professional misconduct.
Ms Justice Chibesakunda will swear in acting Supreme Court judge Rhoyda Kaoma as chairperson and Livingstone High Court judge-in-charge Ernest Mukulamutiyo and Lusaka High Court judge Chalwe Mchenga as members.

This is in a matter in which former Minister of Transport and Communication William Harrington applied for judicial review of the State’s decision against setting up a tribunal to probe Ms Masebo’s alleged professional misconduct.

The tribunal has been set up following Mr Harrington’s complaints against Ms Masebo’s alleged abuse of authority of office regarding operations at the Zambia Wildlife Authority (ZAWA).
Judiciary public relations officer Terry Musonda confirmed the swearing-in ceremony of the three-member tribunal in an interview in Lusaka yesterday.

“The acting Chief Justice will tomorrow [today] swear in three members of the tribunal constituted to probe Ms Masebo. The members include Mrs Justice Kaoma as chairperson and High Court justices Judge Mukulamutiyo and Judge Mchenga as members,” Mr Musonda said.

On Monday, Lusaka High Court judge Dominic Sichinga lifted a stay which halted the setting up of a tribunal to probe Ms Masebo.

The High Court, upon hearing the judicial review, refused to give an order to Justice Chibesakunda to appoint a tribunal.

The court also refused to grant an order of certiorari (writ seeking judicial review) to remove in the court the decision of the acting Chief Justice to refuse to appoint a tribunal to investigate allegations against Ms Masebo for the purpose of quashing it.

The court instead made a declaration that the applicant was entitled to be heard by a tribunal in accordance with the law.

This prompted the state to apply for a stay of execution of the court’s decision pending determination by the Supreme Court, which was granted.

But in a ruling on Monday, Justice Sichinga said a declaration is a formal statement, proclamation or announcement and that a declaration sets out what the law is or the rights of the party.

He said a stay temporarily halts or pauses proceedings which can be granted for various reasons and is normally lifted once the reason no longer applies.

Justice Sichinga said a stay of execution of judgment was granted pending the outcome of the appeal to the Supreme Court and that the stay was granted in the view that no further steps would be taken.

31 COMMENTS

  1. Can these baboons just stop with these useless tribunals. They just create them to give their colleagues jobs and waste money. The tribunal findings will ultimately be “ignored”. Roger Chongwe Tribunal, Chikopa tribunal, winter kabimba useless investigations, the constitution technical committee, the least goes on. They just want to dupe the Zambian people.

  2. But Harington, why why why take unethical dress code of Masebo so far? Yes Masebo didn’t where a bra during meetings with the ZAWA, its a truely a taboo, but don’t deserve a “tribunal”. What will Harrington gain from it?

    • Its not Harrington to gain but Zambia.This would have been done along time ago.When are saying we want accountability this what it means by allowing or asking Sylvia Murambiwa Tembo Masebo to be accountable for her actions whether there were above board or not.No need for everyone to fear and try to frustrate William Harrington.The only thing I smell here is that this will be an Academic exercise and PR by PF to be seen that they uphold the rule of law when they know they will manipulate the proceedings and out come like the Winter Kabimba one.Zambians should not expect Masebo to resign because a precedent as already being set by Winter Kabimba.

    • This is UNIP re-loaded. Just watch the space. No matter how frivolous her charges are she will be indicted and left in limbo.

  3. @Jo
    please grow up,and contribute meaningfully to the development of this country. This country need serious
    Leadership and if someone is really serious, they cannot support the current leadership

  4. President Sata will come to account one day for judge Chikopa’s presence in Zambia at the expense of hard working Zambian tax payer.

  5. The picture in livingstone speaks volume for the outcome,plus high court judge from livingstone.Chalwe mchenga i thought he was on the high court bench that quashed mtembo nchito’s stay of execution on the same matter??????THIS IS PURELY A MOCKERY.

  6. This dinosaur of a shameless woman should be the first one to be locked up after the 2016 elections for all the crimes she has committed against the Zambian people by violating the constitution for holding an office that she is not qualified to hold. What kind of greed is this? Tashafula?

  7. PLEASE CORRECT ME IF YOU CAN.

    IT IS A FACT THAT

    THIS GOVERNMENT HAS SUBJECTED ITS MINISTERS TO MORE PROBES THAN ANY OTHER GOVERNMENT IN AFRICA.

    MMD MINISTERS WERE UNTOUCHABLE LOT.

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