Thursday, March 28, 2024

Court dismisses LAZ case against Acting Chief Justice, case abuses court process

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ACTING Chief Justice Lombe Chibesakunda
ACTING Chief Justice Lombe Chibesakunda

THE Kitwe High Court has dismissed the case in which the Law Association of Zambia (LAZ) sued the Attorney General and Acting Chief Justice Lombe Chibesakunda, challenging the latter’s appointment as Acting Chief Justice.

LAZ also wanted the court to declare the decision by President Sata to re-appoint Mrs Justice Chibesakunda to the Supreme Court bench and subsequently as acting Chief Justice, as null and void and in excess of constitutional limits.

But the Attorney General, through an affidavit filed by Deputy Chief State Advocate Joe Simachela, urged the court to dismiss the action by LAZ on grounds that it was irregular and an abuse of the court process.

Justice Chibesakunda, through her lawyer Bonaventure Mutale, also urged the court to dismiss the writ of summons as well as the statement of claim by LAZ on grounds that they were irregular and also urged the court to alternatively remove her from the action.

In his ruling yesterday, Kitwe High Court Deputy Registrar Charles Zulu observed that the mode that the plaintiff (LAZ) adopted to commence their action was irregular.

“Assuredly, the plaintiff used the court machinery in an improper way otherwise termed “abuse of the process of court” instead of using the process of judicial review,” Mr Zulu said.

“It follows that the second defendant [Justice Chibesakunda] cannot be a party to a process that is mortally flawed.”

Mr Zulu said it was his considered judgment that the action by LAZ was dismissible on account of the abuse of the court process.

“All in all, the writ of summons and statement of claim is dismissed for want in procedure but I make no order as to costs,” he said.

24 COMMENTS

    • Ba LAZ naimwe, you have a good point about this woman having been WRONGLY appointed, but then you also go ahead to WRONGLY challenge the matter. Anyway, it’s not all lost, can you now relaunch this challenge in the proper manner and not give these evil men and women ammunition to destroy our beloved country?

    • It is like change of government in Zambia. Change LAZ executive and the law also changes. The guilty become innocent and the innocent guilty. Thes mamparas are creating dangerous legal precedents for the country.

    • Everything comes from china these days… the more I look at this woman the more am tempted to think she too is Chinese!

  1. Disgusting monkeys. If Bembas ruled themselves without the checks and balances other responsible tribes give, Zambia would be another Congo and panga wielding Sierra Leon.

    • I doubt that very much. To begin with the so-called Bembas are a small core group that, like the mythical returnees have lent influence through language to such a mass that there is confusion about their identity. You can see the flux of how different alleged Bembas are roped in and thrown out at will. Sometimes they are accused to be Bemba because they are married to one. Your allegations are misplaced and smack of disgruntlement.

  2. How do you sue the law and expect to win?Lombe is the law of the land,she was hand picked by the dispenser of the law,and you expect a result otherwise.

  3. Can your MCS high courts shout “conflict of interests” before they tell us of abuse of court process? A compromised court cannot reliably investigate, much less rule against itself.

  4. Justice has gone to the dogs that judge was protecting his job we all expected this out come i’m sure sata personally called that judge zulu to give him instructions since we hear he is in the habit of phoning people himself to warn them off.

  5. Failed LAZ. very LAZY to interprate the law. LAZ is nor longer representing Lawyers but an extension of UPND free mansons

  6. Just as we hire a white chipolopolo coach,white docs etc we can as well hire a white chief justice for the sack of impartiality.

    • Just as you insult your elected leaders, it will not be long before you start insulting that white justice. I would say leave well alone and flounder… there is regrettably very little appreciation or even articulation of matters in that gossip-riddled society of yours.

  7. Reading the verdict I take it LAZ just followed a wrong procedure, implying they can still challenge the continued stay of this zombie as chief justice using the right route. Not all is lost but knowing the blatant disregard of the rule of law by the PF government the outcome may still be the same – LAZ losing the case again.

  8. Lazy not LAZ under James Banda as President lost direction how can an entire body of lawyers seek to remedy a wrong using a flawed process I worry what type of layers are in town not lawyers! Am sure the next we shall hear is that James is appointed Judge by virtue of association with one recently ‘appointed’ Supreme Court Judge. Zambia

  9. LAZ has beeb bought off by PF. Is this news. Soon you will see how they will start jeopadizing the constitution process through fake interpretation s.

  10. Case against illegal chief justice Lombe Chibesakunda has been dismissed based on grounds of ‘obita dicta’ and not ‘ratio decindei’. Deputy Registrar Justice Zulu stated the case can not hold for it is based on ‘Abuse of the process of court, instead of using the process of judicial review’. Clearly, this is oblivious to the fact that the judiciary in Zambia is aiding and abating to the illegality of Chibesakunda’s position. The judicial system in a country is meant to throw rays of light where there is darkness in our nation. This is shameful to the legal profession in the nation. What have they (lawyers + judiciary) demonstrated to the nation, sheer incompetence masquerading in legal semantics playing to the public gallery, not helpful to ordinary Zambians- what a shame.

  11. We hava a court and not LAZ. There is no need of having this association because it looks like it has no teeth and has no good reputation for country. I have said so because it has been shavelled in court as though it has no lawyers who can articulate national issues well. LAZ members must know that they are a rubber stamp for the government which must support the government of the day whether bad governance of good governance and not to the interest of the nation at large.
    If I were a LAZ member I would have resigned today in fear of the disgraceful players of law.
    We thought the court would ask as to why all this allegations against the Acting Justice but with no respect just squashing the who case of without explanation.

    God have mercy on Mother Zambia.

  12. what a country. Auto pilot with that (wo) MAN as Thief Justice. Awe Mwandi! That forehead has seen better days. It needs a rest. My grandson will her SHIKULU.

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