Friday, April 19, 2024

Judges transfer condemned

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President Sata with the Chief Justice, Vice President and other judges at Statehouse
President Sata with the Chief Justice, Vice President and other judges at Statehouse

President Michael Sata has been accused of bowing to cartel pressure to transfer all independent judges from Lusaka to other provinces to pave way for more compliant adjudicators to handle controversial cases in favour of the cartel and PF government.

Judges, Lawyers and civil society have protested the transfers in which acting Chief Justice Lombe Chibesakunda whose controversial contract ends this month, has transferred all the judges that have handled high profile cases in which the cartel and government have lost out.

Judiciary public relations officer Terry Musonda confirmed the transfer of some judges from Lusaka but claimed that there was nothing sinister as the transfers were a normal routine that the acting Chief Justice was expected to carry out.He said the changes will not have an effect in the operations of the judiciary as the transfers were done in order to increase performance and meet some challenges that were being faced in certain areas.

“As you can remember not long ago the President appointed some new judges who were sent to different parts of the country and the acting CJ also has the discretion to reshuffle judges. This is a normal procedure and judges will be expected to perform the same duties in their new stations,” Mr Musonda said.

Among the first casualties are Justices Mubanga Kondolo, Jane Kabuka, Dominic Sichinga and Anessi Bobo-Banda who have been ‘transferred’ from Lusaka to other outside locations.

Justice Sichinga is the judge who gave back former president Rupiah Banda ‘s Mpundu Trust after the state failed to prove that it contained stolen money.And Justice Bobo and Judge Kabuka were the judges who returned RB’s passport while Justice Kondolo was the judge who blocked the mining in Lower Zambezi.

The transfers, they have charged were intended to weaken the judiciary, by removing experienced, seasoned and independent judges from Lusaka where most contentious cases involving government originated.

And civil rights activist Dante Saunders has condemned the move by the President saying that Zambia’s judiciary will never be independent because it was being run by preferred presidential appointees.Mr Saunders said the judiciary could no longer stand on its own as it was being controlled from outside.He said it was unfortunate that the judiciary had no union to represent them as their representatives were hiding for fear of victimization.

“They don’t have a union to represent them so anyone can move them to whatever place they felt like even as a way of punishing them. There is no constitutional court that they can appeal to if they feel victimized.

“Where in the history of our country do you have a President who doesn’t want to hear the complaints of the people? We are witnessing dictatorship in full.

“Why does he still wants to control the judiciary, Drug Enforcement Commission (DEC), Anti-Corruption Commission and the Zambia Police? Let this be a good lesson to us but we know this is a passing phase,” Mr Saunders said.

The civil rights activist said it would be expensive on both the judiciary and the judges as they would be expected to travel to Lusaka each time they were required to attend to cases they had commenced.

[Zambia Daily Nation]

13 COMMENTS

  1. The 3 arms of government as taught by my civics teacher- Executive,Judiciary,Legislature…… PF is on a quest to destroy the Judiciary and Legislature.We have seen the destruction on legislature by bribing the opposition Mps and also nullifying opposition seats and creating by elections only hampered now by budget deficit.The Judiciary has an incompetent chief justice who occupies that seat illegally having being rejected by parliament, Now judges who could not be bribed have been transfered to other towns. I’m sure the learned judges will not take this laying down! Zambia’s intelligentsia needs to arise and stop being harassed by kaponyas

  2. Iam also transferred because I said Ruphia looks fit….camon are we gona have excuses for anything. are they gona be paid their money……yes, are they gona be still judges….yes….so wats the fuss. is it Lusaka only which needs them……No

  3. “The only thing necessary for the triumph of evil is for good
    men to do nothing.” – Edmund Burke

    Over the last two years the opposition parties or anyone who does not agree with the idiocy of the PF govt have been subject to a considerable onslaught of accusations and barbaric behaviour from the men in green shirts. This barbaric behaviour has been extended to judicial officers. Such actions against Judges demonstrate a basic cultural lack of understanding of true freedom of speech.
    To the ZWD and LT I will say that “blessed are you when they revile and persecute you, and say all kinds of evil against you falsely for My name’s sake. Rejoice and be exceedingly glad, for great is your reward in Heaven……….” Matthew 5: 11-12

    Its proving extremely dangerous to expose the PF…

  4. I am a little bit behind.Could somebody please clarify.Who transfered the Judges,is it the executive or Judiciary itself? When is the Judge who “stopped” Chikopa tribunal,involving the “cartel” itself, going to be transfered?

  5. Complaints in everything, where are we going as a country. Government workers can be transfered and work any where in any part of the country as long as they maintain the same appointments. Who do you want to work in rural areas for the rest of their lives and then some people should only work in urban areas like lusaka and when they are sent where their services are required then it becomes political, lets be serious in the way we analyse issues country men. By swearing to protect and uphold the constitution of zambia meant you can serve in any part of zambia. So let them go and serve the people period after all High courts are also found in all provincial centres.

  6. There is nothing sinister. That is what happens when you only concentrate development in Lusaka – they are sad to leave the flashing lights of the capital city. Meantime the CJ needs a fashion guru; she mustn’t stuff her feet into her shoes like that!

  7. The transfer of the Judges, failure to release the Draft Constitution, PF government accusing the Church of being used by opposition parties, fighting chief Chitimukulu, Henry Kanyanta to the thrown, PF being insincere, “cowards, ministers” who have failed to guild or advise the president in truth for fear of losing the jobs, all of the above facts have put PF on line. I do not think PF government will rule beyond 2016. And Samuel said, hath the Lord as great delight in burnt offerings and sacrifices, as in obeying the voice of the Lord? Behold to obey is better than sacrifice, and to hearken than the fat of rams. For rebellion is as the sin of witchcraft and stubbornness is as iniquity and idolatry”. PF has rejected the promises she made to the Zambians and Zambians shall reject PF.

  8. Point of correction please. Dante Saunders is not a civil rights activist. He is a failed politician and should address himself as such. He has tried on countless occasions to get to parliament and he has lamentably failed. Bwana, you can not hide in calling yourself soothing names, you are a failed politician, period.

  9. Dante Saunders has condemned the move by the President…. “They don’t have a union to represent them so anyone can move them to whatever place they felt like….” Really Mr. Saunders? If indeed “anyone” can transfer the judges, why don’t you transfer them back to Lusaka? Some of these judges are relatively new and, I suppose, they need exposure somewhere else in the country.

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