Thursday, March 28, 2024

Chibesakunda’s new contract riles judges

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ACTING Chief Justice Lombe Chibesakunda
ACTING Chief Justice Lombe Chibesakunda

President Michael Sata has reappointed Justice Lombe Chibeskunda as acting Chief Justice, a decision which has riled some Supreme Court Judges.
The two year contract of Justice Chibesakunda came to an end last month but some judges have confirmed that President Sata has for the second time renewed her contract as Supreme Court judge and further asked her to continue acting as chief justice.

The judges said it was not clear why the Head of State had earlier talked about judicial reforms when he had insisted on maintaining a retired judge as acting chief justice in office.The judges described President Sata’s decision to renew Justice Chibesakunda’s contract twice as a scandal because judges were not supposed to serve indefinitely on contract.The judges who spoke on condition of anonymity said there can never be constructive judicial reforms in the nation when the President had insisted on ignoring the law and the aspirations of the judiciary.

[pullquote]It is clear to every Zambian that President Sata will insist on keeping his relatives in office[/pullquote]

“What is the President’s agenda to continue having madam Chibesakunda as acting chief justice? The lady has done her part and as judges we feel it is time she thought about her credibility and make a decision.We know the Head of State has insisted on having her in that position hence the decision to renew her contract. First of all justice Chibesakunda as we all know is retired and is currently serving on contract but the question we are asking is why is she also promoting this illegality? We feel the President is not helping the judiciary by thinking that only justice Chibesakunda was in the position to liberate the judiciary,” one judge complained.

The judges wondered why both the positions of the chief and deputy justices had not been filled up to now and challenged the Head of State to tell the nation if the judiciary was short of judges that could fill the two positions substantively.

They said the status quo had compromised the independence of the institution and have since appealed to President Sata to reconsider his position on the office of the chief justice.

Meanwhile, political activist Dante Saunders said it was unfortunate that the Mr State had insisted on having a retired judge as acting chief justice.Mr Saunders however said it was a pity that the PF was a government that could not negotiate on its decision as it had a different agenda from what it had promised the people of Zambia.

“It is clear to every Zambian that President Sata will insist on keeping his relatives in office. The other thing we have noticed is the promotion of outright corruption and disregarding the rule of law as well as applying brutal force on the Zambian people.
“They want to ensure that Zambians do not have a new constitution by keeping Justice Chibesakunda in that office and because of all this Zambia had become a small island as it had no friends both locally and internationally. All this stubbornness is destroying political and social life for this country because the international community is slowing turning its back on Zambia,” he said.
Mr Saunders said Zambians were not weak but meek and shall soon overcome this abuse of authority.
He said Zambians shall neither be stopped by the use of pangs nor bullets because they were out there to ensure that the ruling PF did not get back to power.
Mr Saunders warned that President Sata would be held responsible for all the abuse he was tolerating during his reign.
“People cannot wait to see the end of this team but must never forget one thing that the buck stops on President Sata,” he said.

 

[Daily Nation]

29 COMMENTS

    • Democracy is been destroyed by PF because Sata is chief of injustice. The independence of the judiciary has been compromised by forcing a non ratified CJ. Its seems parliament is not powerful than Sata, whilst the injustice minister (Winter Kabimba) is a legislator, executive and judicial and we expect the 3 arms of govt to be independent?
      Abash dinosaurs and injustice people like Chibesakunda who has no respect for the rule of law. Numb skulled injustice lady squeezing the democratic principles into oblivion to suit the nephew (Sata) s PF Panga family.
      Time to face reality Ba Chibesakunda will come and Sata-n won’t be able to help you when also his breaches of the constitution questioned. There will be no immunity to hide.
      Shocking!

    • Divide and rule worked for British but not for long. I am optimistic that after this latest judicial scandal judges will begin to adjudicate on sensitive matters in a rational and fair way to weaken Sata his PF.

      Sata is breaking the law with impunity and no one within the legal fraternity is raising concern. Shame on you Zambian half baked lawyers.

      All judges should just boycott her appointment and threaten to resign end off.

  1. Keep quite u judges. Late her continue since u are also stupid. when poeple take this same matter to court for interpretation of the law,you all give a verdict in her favour because you fear to think indipendently. No need to complain. Useless juduciary. She only matters to the PF since there are still parliamently seats to nalify. You also participate. Disgrace

    • wasosa, judges are quaks in zambia, infact the whole judicially in zambia, stupid quaks. how can u allow such a thing to happen.

  2. This is clear testimony that King Cobra is a very divisive figure. He has created disharmony in all institutions. There are massive divisions in his own party, in his cabinet, in the province where he hails from, in Parliament and now Judiciary. His motto is divide and rule. Man with experience!!!

  3. I am surprised that Madam Chibesakunda does not care that her place in history will not be a nice one. Does she not care that she will go down as the most controversial Judge Zambia has ever had . All for what?

  4. this is not good .does it mean that there no other competant person to fill that seat. awa am disappointed
    come 2016 it’s my year and
    power.

  5. I THINK PF ALSO FOUND A RETIRED JUDGE ACTING AS CJ. ITS LIKE THE NAME OF THE GAME. WHILE I HAVE NO ILL FEELINGS AGAINST JUDGE CHIBESAKUNDA, I HAVE A PROBLEM WHEN ONLY OLD PEOPLE WHO ARE SUPPOSED TO RETIRE ARE THE ONLY ONES GETTING JOBS. WHEN WILL THE YOUNG ONES GET EMPLOYED? YOU CAN ALSO CREATE EMPLOYMENT BY RETIRING THE RETIREES SO THAT NEW FRESH BLOOD TAKE UP THEIR RESPONSIBILITIES. EVEN OLD SAUNDERS IS ALSO ANCIENT AND NEEDS TO SHUT-UP AND SIT AT A FARM. NOT BLAH…BLAH…BLAH ALL THE TIME.

  6. I wonder why PF made so much noise when Justice Ernest Sakala was CJ. The man was even forced to retired all in the name of judicial reforms. What reforms have been achieved since Sakala was hounded out of the office?

    • And John Sangwa was in the forefront of that crusade but now he is very silent as though the constitution has changed and yet it is the same one on which provisions he was fighting Justice Sakala.

  7. Even me i would do the same infact i would appoint her full time , no need of acting. She has a real african NOSE anyway

  8. This is what happens in Africa when you have an ailing dictator in power.Michael Charles Katongo Mwango Chilufya Sata is a shameless tyrant who can do anything to satisfy his selfish tribal interests.Zambia is in danger of being divided on ethnic lines.Sata has lamentably failed to rule.When some people are about to die they do bad things which make a lot of people suffer for for many decades.

  9. Are these the same Justices who by a majority vote recently decided through one of the most bizarre rulings ever made by a Court that Sata is above the law and can do whatever he wants ‘because he is President’? Let’s face it, the Judiciary is finished just as are all other arms of Government. Just keep eating you f00ls, time will come when the whole lot of you will pay, together with your dinosaur in State House.

  10. Unfortunately, Sata is only taking advantage of a loophole in the constitution that allows someone to act as CJ for up to 7 years. He obviously is receiving judicial favours in return, which is another unfortunate situation for our country.

    • LAZ took her case to the courts of law and didn’t get any luck there which meant that the loophole you speak about remains firmly in place and therefore the executive is in no wrong in re-appointing her. Aside from that, I believe we should stop stigmatizing people because they are referred to as “retired”. I have worked with some brilliant people who, in Zambia, would be far beyond their retirement age. In the process I have even learned some valuable gems that I am successfully using myself. I hope Justice Chibesakunda is doing the same for her proteges.

    • @Kal, that is true. I also did not believe Kabimba, when he first cited the constitution until I read it for myself and realized that the painfully so he was right.

  11. in All democracies, the president appoints people he can work with. In Zambia we have a weak constitution that allows the president to appoint a chief justice in an acting position indefinitely. It does not put a limit on how long a judge can act.

    That is why we need to continue pushing for a new constitution and at least the current draft has addressed this lacuna.

    Remember governance does not depend on the “goodness of the leader” it depends on “robust governance systems” that can regulate individuals and keep them in check.

    Zambia’s democracy need to grow its democratic systems especially when it comes to separation of powers between the Judiciary, Legislature and the Executive.

    Now you know why the PF is drugging feet on constitutional reforms.

    • The period of acting cannot exceed 7 years. That is what the document says. It is slight though on the age limit of the person acting and therefore, provides a loophole for uncle Charles Katongo.

  12. That is what happens when you have a constitution and society which allows one person to decide how things go in a country.

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