LUSAKA lawyer Kelvin Bwalya has challenged the three suspended judges to retire on moral grounds before the tribunal determines their case if they are to save their faces and the integrity of the judiciary.
Mr Bwalya, in an interview yesterday in Lusaka, said the affected judges had an option to the whole episode if they felt hurt to either retire or,if they felt they could go through the tribunal, to wait for the outcome.
“There is nothing wrong in what the President decided to come up with as he has used the Constitution to put in place the tribunal.
“For now I can only ask the affected judges to be patient with investigations, trial and recommendations, but if they feel affected, they have an option to retire to save their faces and the judiciary. If there is nothing wrong, then they should just wait,” he said.
Mr Bwalya of KBF and Associates said those accusing Mr Sata of not using Act 13 of 1999 of the Judicial Complaints Authority should bear in mind that the President uses the Constitution in appointing judges and also used the same Constitution to suspend them.
He said the said Article stipulated that where an appointed tribunal advises the President that a judge should be removed from office for inability, incompetence or for misbehaviour, the President would?remove such a judge.
If the situation was the other way round, the President would revoke the suspension.
“Act 13 of 1999 is an Act of Parliament and it cannot be used to interpret the Constitution because the Constitution is the groomed norm of this country over other statutes.
“All other statutes must conform to the Constitution, and any other is invalid. So at the end, it is the President who chooses which prerogative to use,” Mr Bwalya said.
He said the President, having opted to use the Constitution, simply meant that Act 13 of 1999 fell away and that even if the President had decided to use this method, it would still eventually have gone to his office to set up a tribunal.
Mr Bwalya said the President’s decision to appoint a Malawian judge to chair the tribunal was according to Article 98 (3), (a) which stipulates that a President shall appoint a tribunal which would consist of a chairperson and not less than two other members, who hold or held high judicial office.
The Constitution does not specify who the chairperson should be but for purposes of transparency and fairness, Mr Sata decided to pick a judge who would understand the nature of the tribunal.
Another lawyer, Willy Mubanga said it was clear that President Sata opted to rely on the Constitution when he made his final decision to suspend Supreme Court Judge Phillip Musonda, and High Court judges Nigel Mutuna and Charles Kajimanga.
Mr Mubanga of Chilupe and Permanent Chambers said the President used the provisions of Article 98 to come up with the decision he deemed fit and advised everyone to visit the said article for better understanding.
He said the said Article clearly read that a judge of the Supreme Court, High Court, chairperson or deputy chairperson of the Industrial Relations Court, may be removed from office for inability to perform the functions of office, whether arising from infirmity of body or mind, inconsistency or misbehaviour and would be so removed in accordance with the provisions of this Article.
Mr Mubanga said Article 98 (3), (b) stipulates that the tribunal would inquire into the matter and report on the facts to the President and advise him whether the judge ought to be removed from office under this Article for inability or for misbehaviour.
He said the President was provided with certain information which he deemed needed investigations which could be done in two ways and in either way the constitutional one surpasses all.
“I think the process was clear as the President is obliged to do what he did when he suspended the judges and the truth will come out. Either way the law is very clear on the next course of action,” he said
[Times of Zambia]
You have to question the morality of a fellow professional lawyer asking his peers to resign before being found guilty, he should be ashamed of himself
Thanks
it is better to just resign when you know youre going to get fired regardless of how innocent you think you are.
Mushota, you’re amazing. Sometimes you express so much sense.
yes, he should be ashamed of himself
Please read and understand the contents of the article before exposing your ignorance!
Kelvin has moral and legal issues himself. Go back into his history and you will realise that he was once suspended by LAZ
It is common knowledge Advocates that are members of the Law Association of Zambia cannot make such public remarks and can be disciplined by the association. What is LAZ going to to about this?
“Dras Neves” they are only prevented from advertising. Lawyers make public statements all the time.
This Kelvin Bwalya is a criminal and obviously has an axe to grind with the suspended judges. How come Sata is recieving support from criminals? Banana republic!!
I know Kelvin. He is in fact a good lawyer. I’ve known him from secondary school to date. Secondly, why jump to the character of the speaker before saying anything about the content of what he has said? Is it maybe because you know he is right, and you can’t argue with his facts, so to defend your ignorance you have to attack his personality instead?
For once I agree with Mushota – particularly when the lawyer is one who was accused of/proved to having bribed a judge himself.
Our lawyers are a serious embarrassment to Zambia. How do you ask your friends to resign before being found guilty of anything wrong? Arent you taught that someone is innocent until proven guilty? Cant you exhibit any professionalism in and out of the court?
Nice one. Eba lawyer tulefwaya aba. Aba kwata ifishinka, not political oportunistic lawyers like sakwiba sikota n the likes of his kind.
Ka Bwalya shut the F up on moral grounds ! Whew.
A very dull lawyer talking. You should have kept your peace!
Do you remember Kelvin Bwalya?? Oooh That swindler Lawyer today he is standing on a pedestal talking about morals? Oooh good people give us a break? This guy has no shame and he has no morals. He wouldn’t be talking about these judges today? His firm was suspended for what? Why can’t he just shut up and let the tribunal either find these guys with the case to answer or vindicate them as it were. Kelvin shut-up and do not support this move because you have a politically correct surname!!!
There is nothing wrong askin yo friend or colleague to resign..kelvin bwalya is simply advisin th 3 honourables to b patient.if they cnt b patient 4th outcome of tribunal,thn they shud resign to save their faces..
Kelvin Fube Bwalya is a cadre and almost had his Practicing Certificate revoked several times in recent years. His reputation is well known amongst fellow Advocates and he is not respected in the least. Is he looking for an appointment or perhaps protection from his wrong doings?
The tuma lawyers calling for resignation/removal just want jobs.
Here is a interested party speaking. Have you considered the terms of references for this tribunal thing? The issue here is Fred and the Nchitos, people who are proving to be untouchable here in Zambia, Takwaba ukusala DPP uwamilandu this is what follows next. This country brothers and sisters is in trouble to be honest-wait and see
This lawyer has said nothing of substance. Why should he give such advice out of the blue. Did the three jugdes say something and he was reacting to it? Or is there something missing in the story.
Mr Bwalya is simply providing available options for the three.No where has he said they are guilt.And in an event they are found guilty of the allegations ,what happens to their integrity?
The whole issue of the 3 judges will cultivate fears in all the Government Advocates. As long as SATA is president, the government lawyers will become biased in all cases involving the EXECUTIVES such as Ministers. The COMMONERS will always lose cases. You will prove this point from the remaining election petitions. The wind will now blow in favour of PF. The 3 judges can just team up and go into private firms since they have proven to good.
The Post Newspaper is currently in the driving sit with the ruling party. We need another newspaper to help the opposition to maintain checks and balances. Otherwise things are just one sided as their and mistakes are being made which we will only be able to see after some time in future.
This is the same character whose law firm was once deregistered.Did he ever resign himself,some people have no shame.
Story by Times of Zambia. A PF paper
…edited by a PF cadre!
the lawyer has no moral right to issue such statements looking at his past activities
Too much noise from these Bemba lowyers/judges. They are at the forefront of corruption. They are now at each other’s throat for the spoils of their Bemba govt.
Am sure that’s why its news. Bwalya or is it because of your name anyway . so you are aware that the outcome of ukwas tribunals are pre-stage managed.
Kelvin of all lawyers what a quack of a lawyer ,we know because of your surname Amons Mulipenga sent tu ma useless reporters to interview you.You are not new material you thief,corrupt lawyer .I wonder what you paid to the lecturers at UNZA to pass you am sure your Bemba relative was involved in passing you.Those judges are of high calibre not ready to compromise their profession because of HOMO M’membe and
#22 continuation…HIS servant Ukwa.
The source of this article is the “Times of Zambia” and that explains everything. The Govt are out to solicit a favourable spin and how best do you do that? Get people in the profession to pass comments you want to print. Besides the headline is misleading. The two lawyers quoted have no real standing in the legal fratenity andvfrom what i see, they did not ask the Judges to resign. it appears they were sharing the views on the articles of the constitution that Sata relied upon.
Look at who is talking! How many times have you misused clients money? You should also stop practising on moral grounds. Nanga weo machimo yako uyasiya kuni?
Agony is when a morally bankrupt lawyer advises judges facing “administrative” allegations to resign.
KBF for Judge appointment.He would make a very good Judge sinc if he has any issues he would just resign.
21st Century and people are still fixated on tribe. It is small wonder I still find colonial hangovers that defy explanation in this wealthy but poverty-stricken country! Eish!!!!
YES KELVIN BWALYA IS THE BEST LAWYER IN ZAMBIA, PLEASE NEVER COMPARE BWALYA TO ALL USELESS ZAMBIA LAWYERS. BWALYA A FEARLESS AND BRAVE LAWYER. BWALYA IS NOT A CRIMINAL, …… HE HAS DONE ALOT TO BE THERE….. VIVA MF MAN ….GO AHEAD, ADVICE THEM WHAT CAN BE RIGHT…
THE PRESIDENT ACTED ACCORDINGLY, AND WITHIN ARTICLE 98(3)(a), DID IT NOT ILLEGAL BY LAWS OF ZAMBIA. IT IS PRESIDENTIAL POWER. GO SATA, GO
Whem the person is wrong is wrong period! Complaints came from outside to the President. Why should he wait.
They should NOT resign, the investigation will benefit ordinary Zambians as it will bring out all the rot. And hopefully will end in the country getting a less corrupt DPP…………
NOT SUPPOSED TO RESIGNED. LET THE TRUTH COMES OUT. A ROTTEN ZAMBIAN JUDICIARY. COBRA REPAIR THIS FAKE.
The President of Zambia has the authority under the constitution to accent to bills passed in Parliament.But can he accent to a bill that has not gone through the whole process in Parliament?Herein is the problem Michael Sata has created for himself and the judiciary.He should have waited for the due process to run and only act after Chief Justice has written him.But M’membe twisted Sata’s hand.As for Kelvin Bwalya,this guy has been thoroughly disgraced and should by now have been permanently banned as a lawyer.He is simply a criminal
assent and not accent (aksent)
I hope two of the points of reference for Phillip Musonda were the Dora acquital and Chiluba’s London registration case he refused to register until the thief died, with our grudas! He should be made to pay for all these stinking sins of his!
Good afternoon
Whether or not the lawyers resign, the allegations and their suspension itself have done enough damage to their reputation for them to continue their judicial career without any difficulty.
Examined from any vantage point, the judges hold the blade and the President holds the handle. And who will benefit from the outcome of the inquiry in the end? Not the president (as the African mode of thinking, would make us believe). It is the ordinary Zambians who will benefit from the restored integrity of their judicial system.
So then, the law is holy, and the commandment is holy, righteous and good. Romans 7:12
Look who’s talking!! What a laugh!!!
Kelvin Bwalya should be the last person on earth to talk of morals. He once forged a court judgement for which he was suspended from practicing for 10 years. After serving the suspension, he still misused clients’ money for which his firm was suspended and almost deregistered. He never saw fit to resign or stop practicing – now he has the gall to ask others to resign on moral grounds.
Born thieves is what is the problem with some people.
Who does not know Bwalya in this country? From 1991 Bwalya’s practicing licence has been suspended countless times due to his criminal mind.He is the last person who should be heard giving lessons to other lawyers.I wouldnt retain him myself even if he was to offer free services!
One of the most indisciplined and wretched lawyers Zambia has ever produced talking! If Kelvin had been practising in Britain, he would have been disbarred long time ago.
Remember this chap from campus days. Graduated in 86 or 87. Came from Muvulila (Mufulira). Sharp dresser but must have grown up in kabova surroundings where he picked up his vices. He should have been one of the best legal minds around, but then imisango too much. You cannot talk about him in the same breath as say late GK or LPM. That is where he should be by now, but hey it is one’s choice. He worked hard with his anti-rigging fimo fimo and obviously contributed to MCS rise to the throne. So now feels, this is the time to get his pound of flesh from the carcass called Zed. Reminds me of Remmy Mushota who wanted to cash a cheque for lots of cash at BOZ. These guys never get embarrassed from their misdemeanors.
surely Times of Zambia shouls be ashamed to feature this man as their top story. So what is different between RB’s Times of Zambia with the PF Times of Zambia?
Is this Bwalya related to the Bwalya defending Kapoko or is it just in all such names?????
let the tribunal sit,so we cn hear all the nitty gritz.to u bantustans therez more to life than tribe!
a crook calling dignified judges to something he has never practised. what a country!
Time will tell.
No. # 44 yes it is the same Kelvin Bwalya defending Kapoko. The lawyer with no morals at all,
He has no right to criticize anyone. His a thief and a big time crook. And that is the guy working with Sata. What a government with have.
Zambians need to get rid of this corrupt govt ASAP before they do a lot of damage to our institutions. It will be very hard for the next govt to undo all the crap that Sata will put in place. This guy is going to set us back another 20 years on our democracy ladder
Mawe Twapenga! elyo lwanya! where is the respect for the bench. So called friends of the court.
Komboni Counsel (KC)
Bloggers..let us not be judgemental…obviously Kelvin has some data about these guys hence advising them to resign….we dont want judicial embarassment by the end of the day…
why in this country thieves and crooks are given puplicity more than genuine ones. Kabwalya ni kawala, Ukwa- mezerf,guy -pigs ,
The suspended judges are fighting an inustice on behalf of the zamian people. No amaount of comments can take away the truth they are protecting. That. Oney belongs to zambians.
Who was influencing dbz to withdraw the case? Who? On whose behalf and benefit?
We can not demonize these judges before dealing with the undelyong schemes by those in power over this matter.
Ba kelvin bwalya, ikalenifye zee. Twali mishiba baaaaaaaaad!