Sata suspends three Judges, appoints Judge from Malawi to head tribunal into judges conduct

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President Michael Sata has with immediate effect suspended Justices Philip Musonda, Charles Kajimanga and Nigel Mutuna.

The President has since appointed a tribunal which will be headed by Justice Lovemore Chipoka of the Malawi High Court to investigate the alleged misbehavior of the three Judges.

Other members of the tribunal include retired Zambian high court Judges Naboth Mwanza and Thomas Ndlhovu while Chipili Katunasa will serve as secretary for the tribunal.

President Sata says the tribunal is expected to present him with a report on the findings in the next 2 months but that the tribunal may recommend on how long the process would take.

President Sata noted that the terms of reference would be based on the allegations that the trio interfered with a case involving the Post newspapers, Development Bank of Zambia (DBZ and JNC holding limited and Mutembo Nchito.


The Head of State noted that his office has received numerous complaints about Justices Philip Musonda who is a Supreme court Judge, Charles Kajimanga and Nigel Mutuna who are High court Judges, from the Law association of Zambia, Lawyers within the judiciary and members of the public.

President Sata noted that the terms of reference would be based on the allegations that the trio interfered with a case involving the Post newspapers, Development Bank of Zambia (DBZ and JNC holding limited and Mutembo Nchito.

And President Sata explained that he has decided to engage Justice Lovemore Chipoka of the Malawi high court to ensure that the tribunal proceedings are conducted in an impartial manner.

The President has indicated that the deputy minister in the office of the Vice President Edgar Lungu would be sent to Malawi to deliver a letter of appointment to Justice Chipoka.

QFM

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174 COMMENTS

  1. With preconceived ideas. He has done this because it involves his buddies like the post and just because they were ordered to pay DBZ. I wasted my vote and I have decided to put my vote on Nevers Mumba this time around. Bye bye PF I am tired of appointing tribunals at the expense of the poor people and we know the outcome just because Nchito and the post complained about the judgement and the judges are now bad. What a waste of our resources. Its time to vote for some who is educated to run the country better. Shame PF shame. They respond quickly if Nchito and the post complain about people and remember you in power today and be ready to be punished when you get out of power soon

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    • In your dreams. The Nchito brothers even against the MMD government intervention have proved to be lawyers about political or tribal politics. They just go after the truth. Unless you are daft, DBZ discontinued the case because they realised they were fed gabbage by the MMD just to discredit Mutembo, Nchima and Fred Mmembe. What kind of a sane judge would rule over a case that’s no longer before the courts. Shimbongo (money) has made judges forsake their ethics. Get real and get your facts straight. 

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    • TABS, teething problems. When you have a country that has been breaking its own laws turning it around will always create huge upheavals. Just look at the re-taking of the Favelas in Brazil, or the drug wars in Colombia and you get the idea. I am sick and tired of going to my country where I am even ENCOURAGED to break the law because it is the only way you get stuff done!

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  2. This is very disturbing.The president is getting rid of judges that have found his friends ‘MMembe and Nchito’ with a case to answer.So Mmembe is indeed above the law in Zambia.What do you say about Zambian judiciary if you even have to get a judge from another country- one whose president has close ties with our own.To be fair perhaps they should get a judge from ghana,south africa or even the US.Our president has sunk really low.Is this even legal? Theres no George Kunda to answer

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  3. Is it bcoz judgemnt ws not in favaur of his best frends?wat if outcom of tribunal sides with same judges?wil he lash out at de foreign judge like he did to seba n Rodger?

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  4. A judge from MALAWI …just after donating 5million litres of fuel..hhahahahaha..wait you will be investigated yourself.

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  5. But what is the essence of appointing a judge from Malawi?
    Don’t we have competent judges in zambia to takeover? Old mind!

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  6. This circus has reached alarming proportions.
    This is no way to run a country.
    Clear intimidation of the Judiciary!

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  7. Banana republic! Ian Smith once said that Africans need another 100 years to be capable of ruling themselves.

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    • Its a shame that you are quoting some like that individual; Do you even know who Ian Smith really is? How old are you?

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    • flag Rod says:
      … Ian Smith once said that Africans need another 100 years to be capable of ruling themselves

      Question: Rod, do you believe that non-sense from a sick mind? Do you know Ian Smith was?

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  8. I really thought zambia was en route to fight corruption but sata has showed that money still rules- SHAME. Let God judge and every lying tongue be proved wrong.

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  9. The remaining judges will be scared to handle a case involving Mmembe as he has to win……..

    As for Justice Mutuna, this is his hero moment, he will come out stronger on the other end of this predermined process………….i can smell the beginning of the end of this Ukwa game.

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  10. Ok, I am just as disturbed about this article as any sensible Zambian would be. Just what the hell is going on here, is indeed the question to be asked. Without sounding partisan in the least bit, I too voted for PF on all levels. But this is quite disturbing that HE MC SATA would go to an extreme of obtaining judicial services from another country (Malawi). Do we not have competent judges in Zed? Something is definitely not right here. And while we at it, can GRZ please disclose how much this will cost the tax payers? Am assuming this Malawian ain’t doing this for free. Or is it a barter system deal with the donated fuel? On this one, somebody better come up with a VERY good explanation. Just saying…

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  11. What a shame. Just because of Mmembe and Nchito. What a shame. Our country has gone to the dogs! Stupid Sata

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  12. i have never seen such stupid comments as the ones above, have you people taken time to look at the conduct of these judges? can any of you people above claim that there is no corruption in our judiciary? have you forgotten how these same judges were used by Rupia Bwezani Banda to pass weird judgments? i dont understand you people sometimes,  for your own information there are real serious allegations even from the LAZ questioning the conduct of these same judges….so what? let them go free? sh1t, the issue of hiring a judge from malawi is to enhance transparency! 

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    • Which ones? And please give us your evidence of their wrong doing? Where you with them when they were being told what to write or perhaps membe had convicted the accused and you agreed with him? I hope your answer will enlighten us who far from zed issues. 

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    • i agree with you big pipe. the coments above are sickening and this is the biggest challenge we face as country in as far as fighting coruption and injustices is concerned. in fact what the presido has done is to creat a stage for the three judges to clear their names and return to their offices if not found wanting. the issue of the complainants should not araise and if you have a tendance of sweeping dirty under the carpet stop it right now. teach you kids and siblings to report all suspicious looking activities or persons.

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    • I still cant believe there are people on this fora that are not privy to the judgement(s) these three judges have passed the last several years. Please, google their names and get into the archives to see the kind of damage they are and have done to the Zambian judicial system. It’s not right to just bury one’s head in the sand and only comment without research. Check the London Judgement and who presided, and the recent judgement over a toilet case of DBZ which was no longer going on because DBZ had decided to withdraw the case?

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    • Toilet case of DBZ??? What kind of nonsense is that – company executives don’t just wake one morning and decide to throw away K14Billion, and in this particular case, this is not DBZ money (as a company) this is public money – money for poor Zedians. If indeed this case had been withdrawn, that could have happened ONLY thru CORRUPT means. Judges should b standing againist such blue-collar theft, being committed by political elite, thru judicial technicalities

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    • What message is the President sending when he appoints a foreign judge to lead this commission. Independence or transparency my foot. This is bullshit! 

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  13. This Ukwa ***** doesnt think?? does it mean we dont have qualified judges for him to rush to Malawi and even waste tax payers monies by sending an entourage? 

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  14. Something is not right about the way this issue has been handled. Are we saying that our courts cannot handle this case. The era when the King’s word was law is long gone and it is time we had people bold enough to stand up and challenge some of these decisions. It’s a pity brave George Kunda is dead. 

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  15. days are numbered bwana sata, we dont forget, we shall pray that you live long enough so that you will be able to answer to the Zambian people. You had a chance to be different and frankly you are just one of them….. So far Levi still beats you all…… Time will Tell!!!!!!!!!!

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  16. One of the things you pick-up by going to school is critical and logical thinking and collaborative working. I am yet to see this from HE MCS. 

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  17. So, does this mean their judgement against Mmembe and Nchito is null and void? How did Zambians elect this ex policeman as president? Do we have a leadership crisis? 

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  18. i personally support the president move in totallity,it is long overdue for mutuna and musonda they are most corrupt judges on earth all who will condemn this move is because you have not been affected by there judgement,if you remember the aquital of chiluba was handled in the highcourt and were part of the discissions zambians hate today,malawi best interest is we are in the commonwealth people

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    • How would they have appealed against a government and a president that had unequivocally made it clear Chiluba was and should have been aquitted?

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  19. Fred Mmembe!! Fred Membe!!!! HH is vindicated. It now explained why Mmembe hated HH so much..For own info. This case will not end with PF AND UKWA. whether HH , Nevers, Chipimo or whever comes next will bring it up.

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  20. You cant play around with MEMBE. He is above the zambian laws and even the president obeys him. I f the president makes an appointment against membes will, Membe barks and the presido oblidges. This is a complete Bwinjimfumu Govt. Zambians should abreast themselves for more trouble, I assure you. All of us should join the bandwagon or else we shall be declared useless.

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    • Too late boss – you were rendered less than useless many many moons ago. As for your bandwagon of idio+s and imbecil!es, I can not join, but just look below your posting – there is clearly no shortage of losers like you

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  21. President MCS has failed lamentably. where is the Army, ZNS,ZAF Prisons, ZP to topple this Fool? 2016 is just too far for this *****. Lets mobilise, the country deserves a cool, comeon Zambians this is too much.

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  22. EXCELLENT!!! IT SHOULD HAVE COME EARLIER. Now we will get Evidence from LAZ about the EXTREME CORRUPTION and INCOMPETENCE of our Judiciary. Next Time FIRE THE CHIEF JUSTICE

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  23. police or station sweeper jobs have their place, but the man Ukwa never demonstrated that he ever became any more sophisticated to be able to lead a country.

    For those of us who saw it coming even before september 2011, its now a mixed feeling of ‘i knew this would happen’ and anger at how people will suffer for their irresponsible voting.

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  24. And how @ Oxmos Where you affected by the judgement of Zambia’s most corrupt Judges????
    Engage brain before shifting mouth into gear

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  25. Satanic move. Sata check yourself at Chainama clinic and have your brain rearranged.

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  26. It is time somebody reins in this crazy man. Zambia has become a personal item of one man, to do as he pleases. Lady Justice is being raped!!

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  27. the lesson is simple you point your ar.sh figure at mmembe you have you arsh sprayed with vernon..cobras do not have strategies they throw shit vernom in the air.

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  28. by the way HH said sata is a cadre and will do anything to be in power…now we see that hh actually was saying sata will do anything to please mmembe to remain in power..hh is sensible but zambians are slow at seeing what he says.

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  29. For once, Sata has done the right thing. Especially Phillip Musonda, he was the stinkiest rat on the the entire bench. His decision not to have Chiluba’s London verdict registered was one of the most vexatious and obnoxious decisions ever. The lumpen had no legal basis whatsoever to refuse to register the case and to date, the precedent he cited remains a laughable joke in the legal fratenity worldwide. And yet this earned him a promotion, from Rupiah, to the supreme court. I just hope Geoffrey Chinyama was suspended too for his stinking hand written verdict freeing FTJ.

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    • Iwe it was not Musonda who decided that. I thought I read that a judge with a tonga name decided. I just can’t recall the name. But if you have time google. And whilst you are at it try to read the entire record of the Chiluba case to find out whether there was evidence to convict the thief. Don’t convict based on newspaper opinions or your neighbour’s, eg just because bashi chite balandile ati; no read for yourself the actual proceedings.

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  30. Ati malabish! we need to protect our sovereignty! deal with your problems internally unless it’s involves sophistication that requires international co-operation. The President is a civil servant and not the master of our beloved country.

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  31. Congratulations those of you who succeded in giving power to UKWA. Sad day for us who don’t believe in his stupid way of doing things. Shame indeed.

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  32. This is going to be a very long 5years during which President Fred Mmembe rules Zambia through Mr Sata.Young people -born after 1964 lets arise and take back our country.Let the freedom fighters rest.

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  33. This is the EROSION OF JUSTICE IN ZAMBIA. How much has the Malawian Judge been paid to come and desgrace the learnt judges in Zambia. We hope that the members of the Law Association of Malawi -whatever nomenclature applies to Malawi’s assochation – has not burried their heads in the sand to pretend that all is well in their profession in the SADC region as a whole.. Zambians are watching Ukwa’s and President Joyce Banda moves with interest.

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  34. Everything you do as a politician in Zambian politics, is an ‘open secret’. When will we see an end to these political oxymorons? I beg!

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  35. People who lose cases in the High court are supposed to appeal to the supreme court not to the president. Sata should be impeached!

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  36. @17 big pipe, @23 oxmos, @38 T.M. P. I agree with you thats why we voted for HE MCS we wanted sanity in the country especially the Judiciary look at FTJ cases, now DBZ, these people took HE MCS democratic values for granted. And for @27 Citizen you have never been to a war torn country just keep quiet , did you know how civil servants suffered because of corrupt leaders and judges. Nip in the bud, Nchito and Meembe have genuinely exposed and fought corruption, only the corrupt hate them and through a scheme wanted to discredit the two. GOD BLESS ZAMBIA.

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  37. If the President has powers to sack judges our new constitution should revisit these powers because they scupper Democracy as we know it. No one wing of democracy should be above the others. However Sata is not the first President to appoint a foreign judge for a commission of enquiry. Kenya appointed a South african judge to probe corruption

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  38. @30,you sound learned in gears,but you dont understand how justice affects the poor, when i say i was affected and my children i know what it means you small dick head!!!

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  39. people should understand and go back to grade 7,learn about the common wealth countries and what we share,if Henry can get a lawer from outside the country what about the GRZ? IF MILLITARY can be exchanged within southern africa,what about judiciary….read your social studies before you expose your [email protected] 44

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    • i think if thats the case we should have requested an external opinion to make a decision on why this the decision on this particular case with these particular friends of our president should be reviewed all very fishy.

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  40. let us not let SATAna and his puppet masters succeed in distracting us from the real issue FRED and Co. are in possesion of the people of zambia’s money and it needs to be paid back.
    However the case was handled does not negate the fact that money is owed

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    • There is no eveidence @52 Tusekeko. The scheme was to discredit the Nchito brothers and Mmembe for the post writing everything about corruption. The 3 judges had set their own ethics of how to deal with cases involving very senior MMD government officials including Dr Chiluba. Ala umusuku ubi, uutusha impanga.

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  41. I hope this is about really digging deeper than the Post editor M’membe’s. Mutembo and M’membe became too powerful twisting the arms of even the most powerful institutions of the Land for their own ends. President SATA may have picked it up. The details are in the Devil. We hope that people who have concrete information on these issues will bring them forward so that the country can be run normally without hyenas pulling the flesh of the country apart. The complex power situation in Zambia needs to be sorted out but again when this is done another powerful click will be created. My only hope is that we do not get worse than before. God help our infant democracy.Mutembo’s appointment as DPP should have been delayed untill he was cleared on a number of issues..

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  42. This self evident of national affairs by PF govt and the last one avails Zambians to make an informed decision in the next elections. With the new consitution in place Zambians will never be easily manipulated. The election reviews have equally re-inforced risk of petitioning elections outcome should corruption be involved in elections. This will be next to UK and USA. Well done PF to make campaigns more civilised and let deserving individuals help to develop our nation. Shame on the legal profession in Zambia being rabbished as unhonourable in Zambia because of corruption and partisanship in despensing justice in the nation.

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  43. #49 High Taller Sata has not sacked the judges nor does he have the powers to do so.He can suspend the judges pending investigation by an independent panel which is what he has done as per the constitution.It is true kenya appointed a South African judge and its good Zambia is following that script so as not to pack the panel with biased commissioners.

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  44. Its quite encouraging to see many Zambians blogging, its a huge improvement! it really shows that many people are able to read and write. We only have one thing to improve, and its the most vital; many arguments lack reasoning! Let us learn to reason at least logically. Most premises for building arguments are beginning with Tribe, then Insult, then Political Party. Is this the best we can ever do as Zambians. We are urging the government do develop but among the populous there is minimal indication of development. The use of reason will help us to be objective and enhance a desire for development. 

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  45. U SEE FOLKS, FOR A LONGTIME TUMA JUDGES AND LAWYERS THOUGHT THEY WERE UNTOUCHABLES EVEN CALLING THEMSELVES ATI “LEARNED COLLEAGUE & BULL LIKE THAT”….SANGWA TRIED TO CHALLENGE THIS CRAP BUT RB & JUDGE SAKALA FRUSTRATED HIS EFFORTS. WE CANT LET THIS STATUS QUO TO CONTINUE FOREVER, THATS WHY SOME OF US VOTED FOR SATA…..MOST JUDGES GET KICK-BACKS AND PASS JUDGEMENT BASED ON NCHEKELEKO – COZ NO ONE IS ‘ALLOWED TO CHALLENGE THEIR DECISIONS’…WTF! IF A PRESIDENT IS ANSWERABLE TO ORDINARY CITIZENS WHAT MORE A SIMPLE JUDGE WITH KA DEGREE KAPA UNZA…ATASE!

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  46. Cherry picking is a corrupt way of dealing with corrupt judges. Because they ruled against the president`s blue-eyed boys, the three judges are being persecuted. The entire judiciary system is a mess and needs to be probed.

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    • I agree with you brother, but there has to be a start. How would a malawian judge be influenced but a government he does not owe allergiance to. Cherry picking. Anhaa, especially when we needed answers to how a president could procure containers of suits, shoes you name it and over US$8 million without tangible investments.

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    • @ Coachez – who pays and appoints the Malawian judge, GRZ = SATA. The Malawian judge will most likely not come out with any evidence that damages the team/party/government that appointed and pays him! 

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  47. “Exit ba KAWALALA enters ba KABOLALA” is a must see Block Buster Movie now showing at Ster- Kinekor at the Arcades shopping mall. It is action pact and is based on a true story of How VAMPIRES masquerading as leaders wantonly and unashamedly took turns in sucking the life out of Zambia, by pillaging it`s coffers, through cronyism, nepotism, corruption, cadreship,  chimbuyaship, regionalism, clanship ,ethnicity, and tribalism. Aside from a few who appeared to sympathize with the movie characters for one reason or the other, most of the patrons had no kind words for them as they drew outrage. They thought the movie was right on the money as it, in many ways related to their current scenario. Due to popular demand, the movie will be produced as a sequel. All are welcome !

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  48. Ukwa !!! This means that Zambian judges are not as good as malawian judges. I wonder how much of the tax payers money will go into these tribunals and foreign malawian judge’s salary !!! Membe and Nchito must be untouchables. Well done, all those who managed to take Zambia back to the stoneage!!!!!! Neandertals!!!!!! Meanwhile, our ordinary people have no access to proper medical facilities and care ???? Just keep on appointing these tribunals !! They are first priorities to developing the country and putting money in the people’s pockets !!!! NOT!!!!!!!! What a shame !!!!

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  49. I can’t wait Mutembo Nchito to hang himself, bwanga bwashani akwata kanshi?
    No Zambian judge can be trusted after all that MMD fornication. Thus high some one from abroad, this time not from London Court but from Nyasaland.

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  50. Can the legally versed people especially on constitutional law make comment and advise if Sata is in clear breach of the constitution to warrant a call for his removal? We need firm voices to advocate the removal of this man from office..ideally through the constitution but any means necessary will do. What a shame and embarrassment this should be for the DR wife who should surely be seeing the unacceptable route the husband I’d taking. MP’s alike should equally be ashamed. It is my view that it will take people power to bring sanity to Zambian political scene. 

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  51. Someone please say that this has no substance and is mere speculation!…Given Lubinda where are you? Someone talk to the nation and make sense of our times and what’s going on…

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  52. Well, JUST WAIT A MINUTE, In OUR CONSTITUTION we have INDEPENDENCE of the THREE ARMS, ie. The EXECUTIVE (President); PARLIAMENT & JUDICIARY!!!!!!
    Just as President CAN’T SUSPEND ANYONE FROM PARLIAMENT, He CAN’T SUSPEND ANYONE FROM THE JUDICIARY!!!! His AUTHORITY as far as JUDICIARY GOES, is simply to approve RECOMMENDATIONS FROM THE JUDICIAL SERVICE COMMISSION (JSC)!!!

    He HAS NOT INDICATED that advice came from JSC, rather COMPLAINTS from “LAZ”, “Lawyers from Judiciary” & “members of the public!” FOR AS LONG AS THE ADVICE WASN’T FROM JSC, THIS IS THE HIGHEST FORM OF ABUSE OF OFFICE!!!!!!!
    I thus wouldn’t be surprised if any time from now, we hear a correction to the effect that he was misquoted & advice came from JSC!!!!!!

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    • You are extremely dull and should go to night school to relearn secondary school civics. The independence of the arms of government is an ideal to be pursued, desired and protected where it exists. And the president is only one member of the executive, the greater part being the civil service. Please stop watching those stup!d Nigerian movies.

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  53. I hope he has just been misquoted, BUT IF NOT, I’LL BE VERY DISAPPOINTED WITH THE ATTORNEY GENERAL, as he is supposed to be advising in these matters. We will have to wait & see!!!!!!

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  54. WHY,WHY is he sidestepping the CHIEF JUSTICE WHO HAS PRESIDED OVER THESE JUDGES?? WHAT IS HE SCARED OF??? IT DOESN’T MAKE SENSE THAT WE HAVE A SITUATION WHERE THE CHIEF JUSTICE “Didn’t know” what was happening on his watch!!!

    ATTORNEY GENERAL & LAZ you cannot let the JUDICIAL SYSTEM IN Zed become a “KANGAROO COURT!!!”

    IN FACT AS CITIZENS if we DO KNOW OUR DUTY TO COUNTRY, we should all be up in arms – it doesn’t matter what they have done – WHAT IS IMPORTANT IS THE PROCESS OF LAW & THE CONSTITUTIONAL PROCESS!!!

    Yes he can mess around with his commissions of inquiry, throw-out their reports etc etc BUT HE CANNOT MESS AROUND WITH THE JUDICIARY!!!! HE HAS OVER STEPPED ONE OF THE SACRED TENANTS OF DEMOCRACY!!! WE CAN’T CONFORM TO A DEMOCRACY IF THIS IS LEFT TO STAND!!!!!!!!!

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  55. (2) A judge of the Supreme Court or of the High Court may be removed from office only for inability to perform the functions of his office, whether or arising from infirmity of body or mind or for misbehaviour, and shall not be so removed except in accordance with the provisions of this Article. (3) If the President considers that the question of removing a judge of the Supreme Court or of the High Court under this Article ought to be investigated, then: (a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this Article..

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  56. The above is the CURRENT Constitution. The question we have to ask is, have they MISBEHAVED or are they INFIRM of mind or body???

    Giving judgements that are contrary to expectations is NOT MISBEHAVING!!!!!!!

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    • Kamwendo uli mwaume. Your reasoning with legal facts makes more sense than some of these our brothers and sisters who worships sata  seems to be thinking.

      We need more thinkers and reasonable guys like you. keep it up.

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  57. The posting on #51 has no truth. I have taught grade 7 for eight years. There is no truth in your lamentation. Give us real sources and not ur citation.

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  58. I am eager to hear from the toothless and always politically compromised Law association of Zambia! Zambian’s needto demonstrate and let this ***** of a president know that he cannot continue making unilateral decisions? if Mmembe et al where unsastified with the judgement why did they not appeal to the supreme court?

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    • Well he claims LAZ is among the people and organizations that have complained against the sacked judges.

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  59. Do not complain ‘cos these are the results of what u voted for. This is just the tip of the icerberg and u are yet to see many anomalies. A wolf shall always remain a wolf despite the many occasions it shall try to transform itself into a sheep. Wait and see.

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  60. Mmembe, nchito, and Sata deliberately timed this to simultaneously come out with the draft constitution. They thought people would not notice!

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  61. that Lungu guy you mean ba MCS cant just instruct the him to write an email to the judge in Malawi?? Why does he need to fly to Malawi to deliver a letter, or is he going by road by Zambia-Malawi bus or Pinnacle Transport ???? Something wrong here bane just what is happening???? Do we even need a Malawian judge to to come and head a tribunal ??? I dont see any significance in this idea..

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  62. @75 what did you vote for yourself? It is no secrete that our judiciary needs reform. The only unfortunate part is that this tribunal has coincided with the Membe case which makes people speculate and quetion the president’s move. Otherwise the president has done a right thing.

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  63. I know wrong forum but can someone please kindly advise me if the mobile network services in Zambia currently operate in these bands: 3G – 2100 MHz (i.e. 3G, HSDPA 850 / 2100)?

    Trying to get a smart phone for a friend… thanks!

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  64. I didn’t Sata has jurisdiction in two countries, Malawi and Zambia. He’s pretty much the President of the two nations… more money in Malawians’ pocket :)

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  65. Just a few days ago, respected lawyers Winter Kabimba and Rodger Chongwe S.C. advised us that Robert Amsterdam, the lawyer for Henry Banda, does not qualify to practice law in Zambia. My understanding is that to practice law in Zambia one needs to qualify under ZIALE. So under what provisions will this Malawian judge practice law in Zambia as chairman of the tribunal? If it is by presidential decree, what happened to upholding the basic tenets of good governance on which the PF campaigned?

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    • dear, it is our law that requires an independent person to head a tribunal, what the president has done is within the boundaries of our law, never be misled by online papers, most of these journalists have very little or no knowledge about law. There is nothing wrong the President has done.

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  66. Is it in order that a tribunal be appointed to investigate a judge (the target is obviously Judge Nigel Mutuna) who passed judgement against persons who are known to be bossom friends of the president (see the Michaelisation of Post editorials). If Judges are expected to recuse themselves from hearing cases of their close friends, similarly one would expect the Post’s Michael to recuse himself from appointing a tribunal in a matter where he has clearly stated that the Judge will be investigated for his conduct in the DBZ case involving presidential” friends.

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  67. Finally, no one has denied the fact that the accused in the DBZ case did borrow money (public funds) from DBZ, whether by themselves personally or through their own corporate entities, it is clear as daylight that they did borrow the money. What no one is saying is whether that money (PUBLIC FUNDS) will be recovered or ought to be recovered. And what do the minority shareholders DBSA etc say to this? At least Judge Mutuna tried to protect the public interest.

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  68. And these the characters you think you can trust in the fight against corruption. Unfortunately, we have 4 years and some months of this nonsense.

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  69.  our greatest worry in zambia is lack of knowledge not only by the populous but the media houses as well. It is apparent that the freedom of expression in Zambia is misunderstood to mean freedom of lying! Its something really to worry about because we expect media houses to be in the fore front infoming people the truth and hence educating them. Democracy needs an educated nation, not misinformed nation.

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  70. Surely there is something that citizens can do to stop this rot. That mmeembe and company owe 14billion is not an issue. why then should judges be suspended for acting in a manner that found them liable to pay??

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  71. Sata ‘s actions are a  “knee-jerk” reaction and unnecessary.Let Mmembe and Nchito just pay up the debt of Zmk 14 Billion to DBZ. They also need to remit unpaid taxes and napsa contributions and there after these criminals should stand trial for tax evasion and money laundering.

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  72. I think we are witnessing the biggest criminality in our country, the brains behind Chiluba era stealing is power now.

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  73. where is the opposition to get the masses to protest over Sata’s madness? Why can’t the LAZ protest over Sata’s decision?

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  74. Lack of education in our president is killing this country,its an insult to our judiciary. So, Mr Sata thinks all members of the judiciary in this country are fools, to salute to a malawian and why giving jobs to malawian when most Zambians are walloping in poverty.Shame!!!, My next vote goes to someone else, i feel my vote is being wasted, PF is truly a disappointment to many Zambians. Actually my next vote goes to HH there no need to keep it as a secret.

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  75. Good move, bring someone from another country because our Judges are very corrupt also. It is a shame to the Zambian Justice system, that our own president does not trust the whole system. WELL Let this be a lesson to young Zambians. Be Ethical. WELL DONE MR PRESIDENT. BY THE WAY GUY SCOTT WAS ON BBC HARD TALK, what a ZAMBIAN he spoke good and cleared a lot of nonsense about ZAMTEL. SO YOU MMD Cadres you are ZAMBIANS and don’t think the government made a mistake, it is for our own good.. HAPPY MAYDAY ZAMBIANS WHERE EVER YOU??

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  76. I like the platform from which kamwendo has set to push his points; most bloggers are arguing from emotion and unfounded jurisdictions. That said, I think pushing the matter from a “misbehaving” angle makes it both a perceptive as well as a moral issue. Perhaps, then, the tribunal will disprove it, or uphold it at the end of the day. Other than that I do believe so far the President has not caused any law or action to come into question by what he has done. Further, I support the notion brought out thus far that we have had a huge plummet in the perceptive index (sic) of the judiciary in Zambia most especially during Rupiah’s time. Most bloggers talking against this action were in the forefront of asking for a reformed judiciary. This could be one avenue to that.

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  77. Has anyone noticed how all the empty – head bloggers make the most noise and then when the truth comes out, they do not have the balls to pipe up and say they got it wrong?

    I believe there is a whole lot more to this case than meets the eye of the casual observer. I am happy to await the finding of this new tribunal. The Attorney General hinted about judges above the law and I am sure the President is following given advise.

    But as we are a democracy, I am happy to see opinions delivered from different parts of human anatomy.

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  78. The other major reasons these judges knecks are on chopping board is because the PF parliamentary candidates contesting election results have been losing petitions in court through some of the judges named above. PF needs as many seats in Parliament so loss of petitions is a thorn in the flesh. Even Dora Siliya whom they would have loved to toss out of Parliament was saved by the Courts.

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    • Stop misleading the nation, wait to hear what the judges have been upto. Wait for HE to say then conclude. Too early now to judge now. he’s not that crazy. He’s been making you a good constitution. You think he’d just wake up one day and fire judges? Everyone knows the judciary needs total overhaul. Lets wait and see.

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  79. Good afternoon

    Having been away from the forum for a while, I’m back again to notice that some things still have not changed.

    The president is still doing his work and making certain decisions to weed out corruption to the root and there are still a number of people who will literally turn their eyes into microscopes in order to see an error in whatever decision he takes.

    And yet the report clearly tells us that complaints from members of the public prompted him (the President) to undertake this action. It takes a Lion heart to stay focussed and act courageaously upon one’s principles despite what others may think or say. Mr. Sata needs a Lion heart. I am personally tired of African leaders with goat hearts and donkey hearts.

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    • We can always predict your stance or bias so you have been ably represented by your fellow PF/SATA diehards. They are very few and far between but still their reasoning like yours, in the defense of the indefensible, is astounding enough to keep us entertained for weeks.

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  80. MICHAEL CHILUFYA SATA,WITH THE AUTHORITY WHICH IS IN THE NAME OF JESUS AND HIS BLOOD,I RESIGN YOU FROM PRESIDENT OF THE REPULIC OF ZAMBIA,YOU are not wealthy to rule Gods people.You are an instrument of the devil….you place is hell.

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  81. The act has the writings of Meembe and Nchito all over it. These are the final steps to dictatorship – bullying and intimidating the judiciary. How independent can they work when any judgement the president doesn’t like results in their sacking? Anyone remember the Zulu CoI? And just why get a judge from Malawi? Are there no judges in Zambia to investigate. Is the Malawian judge better in understanding Zambian law? Democracy is seriously under attack by the PF. After singing praises to Mugabe it is not surprising where all this is taking Zambia – ruins of dictatorship. For all Zambians who sang change, change, you have now killed the chance to ever exercise your vote freely again.

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  82. Okay, now I get it fellow blogger s. The same money is what PF used to campaign, to hire the chopper, and all what went with the campain, just pay back, no intimidation will stop this case from proceeding

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  83. #101 Nine Chale “And yet the report clearly tells us that complaints from members of the public prompted him (the President) to undertake this action”. Please Comrade Nine Chale, for God’s sake the tribunal has NOT been appointed to investigate unspecified “complaints from members of the public”, but a specific complaint from mmembe and his cohorts on their DBZ loan. What can be more clear than that? Mmembe is NOT a member of the public, otherwise the president would be compelled to appoint 13 million tribunals on top of what has quickly become known as the “mmembe tribunal”.

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  84. Zambians have for so long been exposed to a political dosage of stinking mediocrity in the governance of their country such that todate a lousy old tribalistic motormouth’s vile verbature sales as viable manifesto for political office. Any people who can elect a lumpen like Sata for president have to have their collective wisdom tested for runaway stupidity!

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  85. Why get a judge from a failed state. Talk about the blind leading the blind. Ukwa needs to be careful the way he handles the judiciary because his actions are dictatorial. Judiciary is an independent wing of government with its own procedures which are not being follhyowed in this case. Why must Zambians be subjected to all this mediocrity? We need a competent person as president and not this man who is trying to learn his job

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  86. The fact of the matter is that as soon as this case is disposed of Fred Mmembe will run out of the country. The next president will have a lot of work reviewing all this s.h.i.t. that PF is creating every day and night. That is why PF wants either Mutati or Nevers Mumba to win – because they are tribal mates and we know what has been going on behind the scenes. Mutati has been promised to be either Vice President or presidential candidate for PF in 2016 if he can kill MMD and Nevers Mumba was told he won’t be prosecuted if he can win the presidency of MMD and then ditch the party to join PF half-way to 2016. We know the tricks, that is why the popularity of the 2 guys is steadily going down except in Northern and Luapula wher they come from.

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    • You are so single-mind tracked Zambia Railways could used your behind to revive themselves. What if the judges are found wanting? I hope you can shout as loudly as you are now when that happens. But that is expecting too much from your clearly frustrated arse. Truely educated people leave themselves room for the possibiility that they may be wrong. You my friend, are the captain of a thousand million intolerant imbeci!es who resort to violence when their expectations are thwarted.

      What have you been smoking? No, really

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  87. Zambians! Anyone who has dealings with these judges will know they are the most corrupt judges. Ask the big guns who have been in the courts of law. And Zambians dont jump to conclusions. Find out exactly what transpired in these cases Sata is referring to. Go to the courts and ask before you condemn the actions of MCS. Dont be fooled by ‘stories’.

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    • Why is it that you are not sharing this info????? If you BELIEVE IT, YOU HAVE NOTHING TO HIDE!!

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  88. The president is also the law in Zambia. Judges have to know what he is thinking in order to keep their jobs, i.e. which person the president wants to victimize using the courts. What a country. You’re ruining this country, sir. I think you need this country more than it needs you. You shouldn’t be proud about that, because it is supposed to be the other way around, especially for someone calling himself the president of a country.

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  89. In business, when a company declares bankruptcy that is. Limited liability. Anyone done finance out there?

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  90. The levels of corruptions in Zambia are toxic high. The judiciary is culprit number one. I sued Stanbik Bank over unthourised use of my image in advertisements and money evoporating from my account in 2008. It found it impossible to have a day in court. I have a problem with the selective justice or purging. The head Judge Sakala should be retired and the entire sytem cleaned up. The doubt the Malawain Judge will fully appreciate Zambia’s DNA attached corruption. Roger Chongwe can help clean up the system.

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    • Anyone who’s been through the hands of some these judges knows the levels of corruption in the Judiciary. All these big guns in the courts today have a story to tell except it will probably be against them too. Give them immunity and let them speak out. Even the judges themselves know except they cant say its true we are corrupt but they know!!!!

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  91. @98He Laughs best: you are right, Most Zambian Bloggers Just make Noise because they are so dull,(Empty Heads) just good at condemning than seeing sense in anything?? If the judges are corrupt what would we expect the PRESIDENT TO DO. These Dump bloggers will be the 1st write rubbish about Sata if nothing is done. WAIT FOR THE REPORT. What a shame that Young Zambians are never satisfied with anything. A very bad & Evil attitude. WE SHOULD CHANGE??

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    • True. At least you see sense. I am glad some young people still THINK INDEPENDENTLY in zambia. Not just blowing vuvuzelas without understanding real issues.

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  92. Federation of Rhodesia and Nyasaland! Ba Sata please, I am your supporter but you begin the crazy Mwanawamwambwa’s stuff of appointing a foreign judges to preside over Zambia’s affairs Ba Mudala please!

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  93. AM SAD TO HEAR YOU PIPO CONDEMNING THE PRESIDENT IT MEANS YOU HAVENT BEEN IN COURT AND HAVENT SEEN CORRUPTION. I LOST A CASE WHERE THERE WAS EVIDENCE OF CORRUPTION AND I SALUTE HE MICHAEL SATA.

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  94. I have read all your comments
    Those for Sata and those against Sata for taking this radicle somewhat puzzling decision. 
    To me it’s madness >>>

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  95. 1st Question:Why make that decision. Why has he appointed a tribunal which will be headed by Justice Lovemore Chipoka of the **Malawi High Court** to investigate the the three Judges suspended. Others included in the tribunal will be retired Zambian high court Judges Naboth Mwanza and Thomas Ndlhovu. Are you telling me there are no other Judges available who are current that can uphold the Zambia judiciary law with honesty and integrity  in whole of Zambia. Why appoint Justice Lovemore Chipoka from **Malawi**. What has it got to do with Malawi and is there no corruption in Malawi! What is going on here. Red flags all over. Are these guys going to get a fair trial. >>>

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    • Independent assessment and total lack of bias and interest in the matter at hand. It is not likely that a Zambian tribunal could hold this position.

      Let me speak in a language, in terms that your clearly demented and very dull brain can understand. Compare it to what would happen if there was a fire in Lusaka. The Lusaka fire brigade would not show because they only exist on paper, so we call the Zimbabwean fire brigade to come and put out the fire. They may take long (two days), but at least the Zimbabwean fire brigade will show up even after the fire has died down by itself. Please watch more Sesame Street and Muppet show. No Nigerian idio+ic movies please. The fire that is burning is injustice, Zambia’s judicial system is a joke and you are slightly smarter for reading this far

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  96. 2nd Question This M’membe character and Nchito, what hold do they have on MCS? What is going on behind closed doors. 
    So sad to hear Sata appoint outsiders/neighbours do a job that Zambians are capable of doing. Do you know what kind of message that is sending out about our judicial system. Judges and lawyers in Zambia must be embarrassed. Let me not go on. We must be a laughing stock to the outside world looking in. Very sad indeed. Unbelievable!   >>>

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  97. 3rd Question. Do you still believe that PF is fighting corruption? 
    I say no more. 

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  98. Careful what you say here – remember UKWA wants online papers monitored and managed. Big Brother Membe is watching!

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  99. Well as speculated- IT ALL HINGES ON THE DBZ case – IT IS WELL SPELT OUT IN THE “POST”. Reading thru Judge Musonda’s responses, HE REFERS TO THE CONSTITUTION, THE COMPLAINTS SHOULD HAVE GONE THE JUDICIAL COMPLAINTS COMMISSION – NOT THE PRESIDENT!!!! MCS has fallen into a trap!! How he wriggles out of it will be interesting!!! I’ve always shied away from condemning THE POST- coz they have to a great extent unearthed & reported to our common benefit. However, YOU CAN CLEARLY SEE THAT THEY GO TO SOME LENGTH TO LAY Mmembe& Nchito Vs DBZ case as adjudicated by Judge Mutuna & have pursued whom he may have connived with.

    The Tribunal will falter at its first hurdle – in that our CONSTITUTION, the Law of the Land, THE JCC has NOT RECEIVED A COMPLAINT!! SO WHAT WILL THEY BE PROBING?

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  100. … Though, Hats off to them, becoz they seem to have reported the other sides responses without fudging! Just hope they too have had time to read the Constitution.

    The sad thing about Zed, is we have learned people – who unfortunately don’t seem to want to do things by the book – becoz if a lay person such as myself, would see fit to refer to the constitution as 1st point of anchor regarding this whole debacle – IT’S A NO BRAINER FOR A TRAINED LAWYER NOT TO HAVE DONE SO.
    HENCE WE ALSO HAVE TO CALL INTO QUESTION THE ATTORNEY GENERAL’S advice to the Presido!! The PRESIDENT DOESN’T NEED TO HAVE STUDIED LAW, but HE SHOULD HAVE THE GOOD SENSE OF CONFERRING WITH HIS ADVISORS/CIVIL SERVANTS – E.g. I wouldn’t expect the presido to DELIVER BABIES in UTH, he’d refer to his good wife!

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  101. This man has been firing people ever since he was elected into office. Is this the only way he know how to operate?

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    • Which judicial system? The corrupt one?

      Is it an insult to call a corrupt system corrupt?

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  102. #109 I totally agree…its just most Zambians who have not been in the courts will not appreciate the case right now….We wanted a clean up and this is it….people dont think when one cleans in the kitchen then the whole house is clean….Big ups Mr President…flash them…its not just in Zambia where such is happening

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  103. Well investigations can carried out on any one, but what is questionable about the whole thing is:
    a). we doubt the independence of the appoint high court judge of Malawi a country to which the President donated 5million litres of fuel recently.Another country should have been considered.
    b). Is there any institution in Zambia that deals with complaints against judges? if there is, was the decision taken at their recommendation? c).Terms of reference are a source of concern too. Do n`t we have appeals procedures for judgements of lower courts in our country? Its now the judiciary under attack. LEAVE THEM ALONE. NO INTERFERENCE IN JUDICIARY.THESE ARE SYMPTOMS OF A FAILED STATE.

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  104. That there is deep corruption in Zambia, planted and watered by the MMD is not in dispute! The corruptnicks in the executive are being prosecuted and nobody is complaining. How come many are complaining against the investigations of the judiciary? Those of us who have sufferd at the hands of your infallible judges are ready and willing to appear before tribunals to present our cases. If your judges wanted to reamain above board and work for their life pensions, they should have kept their vows to defend justice. They chose to receive bribes and promotions!

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  105. This is all to do with Mm’embe being at the core of things. If this judgement was not aganist Mm’embe but against average Zambian no such action could have taken place. Nothing explains this, why not leave this to be done by compliants commission for judges? Why did we have to consider paying a Malawian when the other CoIs have been chaired by Zambians? Does this mean the judgement will be nullified to suit Mm’embe the king maker? Time will tell…..

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  106. Levy Patrick Mwanawasa left a true mark. Look at the mess of all who came after him. No ethics, no morals and completely talk absolute nonsense. It’s all in the name of corruption now and intimidation tacticts. From stealing billions from the government, to trying to put women journalists in jail because of reporting a good story and only for it to be called pornography, to their children being involved in corruption charges with Italian’s, to threatening to sue just about everyone in the country for reporting the truth! Your time is coming when the same people who put you in power… will take you out of power. What are you doing about poverty and corruption in Zambia? By threatening diplomats, you think you will get the much needed foreign investment to help the country? Be diplomatic.

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