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Tribunal expected to sit next week

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Judge Lovemore Chikopa

The planned sittings by the Malawian Judge Lovemore Chikopa regarding the tribunal to look into the purported misconduct of the three suspended judges is expected to be hosted at the luxurious new government Conference Centre in Lusaka.

A woman who has been appointed as Tribunal Secretary is Chipili Katunasa and she has said that the secretariat had been allocated offices at the government complex and that all logistics for the tribunal were being organized.

Ms Katunasa said Mr Justice Lovemore Chipoka was expected arrive in Zambia next week and his tribunal would sit for the first time.

“When the Judge arrives, the first meeting would be held to discuss the method and procedure of the inquiry. The public would be informed whether the hearing would be held in camera or whether it would be open to the public,” she said.

President Michael Sata appointed a tribunal to investigate the alleged misconduct of Supreme Court Judge Philip Musonda and High Court Judges Charles Kajimanga and Nigel Mutuna pursuant to the provision of Article 98 (3) of the constitution of Zambia.

According to the terms of reference on Justice Mutuna, the tribunal would inquire into his conduct in relation to the manner in which he presided over hearing and determination of the case of Development Bank of Zambia versus Post Newspaper limited, JCN Holdings limited and
Mutembo Nchito.

others are that the tribunal would specifically inquire into charges that Justice Mutuna misbehaved or acted incompetently when he proceeded to hear and determine the matter without a formal order transferring the matter from Justice Albert Mark Wood before whom the matter had been heard.

It is alleged that Justice Mutuna misbehaved or acted incompetently when he proceeded to hear and determine the matter in total disregard of evidence available to him that clearly demonstrated that Justice Wood’s independence as a Judge had been interfered with in the course
of proceedings relating to the matter.

Justice Mutuna allegedly misbehaved or could have acted incompetently in the circumstance of the matter when he proceeded to deliver judgment in a matter in which the plaintiff had expressly indicated that it no longer intended to proceed with matter as a result of which
it filed a notice of discontinuance.

With regard to Justice Musonda and Justice Kajimanga, the tribunal would probe their relation in the matter in which they interfered in and illegally retrieved or caused the retrieval of cases of Development Bank of Zambia versus the Post Newspaper limited, JCN Holdings and Mutembo Nchito and Finsbury Investment limited versus Antonio Vetriglia and Manuela Sebastiani Vetriglia the matter from Justice Wood.

Justice Musonda and Justice Kajimanga allegedly misbehaved or acted incompetently when whilst acting together they conspired to pervert the course of justice by retrieving or causing the retrieval of records relating to matters from Justice Wood during the due execution of his judicial functions as Judge of the High Court of Zambia.

The tribunal is expected to give recommendations President Sata within a period of two months or such other period as the tribunal would
reasonably recommend.

30 COMMENTS

  1. MMEMBE NCHITO GIVE US BACK OUR K14BILLION. NOT EVEN FTJ STOLE SO MUCH MMEMBE NCHITO GIVE US BACK OUR K14BILLION .NOT EVEN FTJ STOLE SO MUCH

  2. This is the most futile exercise president Sata has ever made if misbehaviour and corruption in the judiciary is to be eliminated. Institutions do exist to handle such issues only if government institutions set up for such tasks are without merit, tribunals take their place. However, guided tribunals such as the ones we have heard and seen so far do not achieve their intended purpose where elements of vindictiveness, hatred, political influence and questionable characters handle these tribunals. Mr Sata has to do a cleansing process of people he works with before he can produce any credible out come to Zambians of his efforts to govern effectively. There is a lot of skeletons to be cleared in his management team.

  3. More money in the pockets of secretariat members….next trbunal or commission of inquiry please!

  4. Inu a Chikopa kodi mukudziwa chiyambi cha nkani imeneyi? Anthu awa ndi mbava kwabasi…onse chabe ndi amuthira kuwiri…tiyembekeze chiweruzo chanu mfumu!

  5. We have reached a stage where the political leadership have lost it….Zambia is rotating on Mmembes gay balls!

  6. @5, he is part of the plunder lane. He was bribed to rule in favour of Sata in the malawi case. Sata’s lawyer then is the minister of justice. Its just a conspirancy. I feel for thses judges. I wish another tribunal could be set to probe this tirbunal and judge woods

  7. #2 Marie Anne, I have some free diapers for you so you can crap yourself with disappointment because NOTHING will come out of the noise you are making.

    Yes, please tribunal should sit. One imbeci!e is so scared shi+less he wants to commit suicide (Judge Musonda), another (Sakala) wants to jump off the boat to save his pension. Day of reckoning has come. There is no escape. Judiciary must be purged.

    I am providing free diapers for all those who are associating this case with something about 14 billion – you are obviously going to be very disappointed and your diversionary tactics will not work. Oh, and the brainless opposition, be very careful because when the shi+ hits the fan, some of you may be charged with conspiring to obstruct the course of justice.

  8. Foolish Chikopa, jumping on bandwagon of things he knows little about. You get assassinated for nothing and that Sata girlfriend in Malawi will do nothing to look after your family.

    • What is the problem with you please leave the Bembas they are good people tabakwaa utucawo jealousy or exhibit hate no wonder we have favour from above

    • I already told you Mama. Love you too. Truth hurts, but it will be easier for you when your expectations on the 14 billion are not met. Best focus on those things you can change. This one you can not.

  9. Comrade Judge Lovemore Chikopa, Do not be used by politicians to harass your fellow judges; politicians come and go. Where is Kamuzu, the most feared president in southern Africa?

  10. Sure ku Malawi are backwards, even a judge would be posing for a picture with a cellphone, siting next to a bedroom lamp?

  11. if these are the terms of references,how does mohan come in.why should the learned judge take the bother to go and see mohan.NCHITO MUST NOT LAST.

  12. May God help us deal with all injustices.
    May our country stop being a loughing stalk.
    May those who plot evil be incapacitated in their endeavor.
    May those who pursue selfish motives at the expense of others meet with a rough road.
    May those that undermine the humanity of others find no joy in doing so.
    May they that manipulate others skid on their own manipulation and may their path become exceedingly sliperly.
    May the way of those that pursue righteousness prosper.
    May those that love all other citizens be successful in everything they do so that all may benefit.
    May every Zambian be rescued from the hand of the devil.
    May all who have resolved to work with the devil against our nation – let them fall together with the devil.
    Let God arise and his enemies be scattered!!!

  13. If many people have complained about the judges like the president alledged,how come they are only been probed on membe and Nchitos issue?Something fishy!

    • Because they are agents of the enemy they have a goal to settle with Mutembo Nchito and Membe who are both haters of corruption corrupt people are feeling the pinch now please Ba Sata clean the system sort oy those who were calling us bakaponya but the Lord looks at us with favour shame upon you tribalists

  14. Why hire a judge from a failed state? Anyway birds of the same feather flock together. Zambia is going to be a failed state soon!!

  15. why are pipo so prejudicial. why not wait for the tribunal to do its job then we can judge if the whole exercise was futile or not. Sata has not broken any law he has simply followed the constitution and used the powers vested in him.

  16. here is a scenario, the president is advised that some judges are corrupt, he has a choice of refering the matter to the judicial commission, but then again he does not know the extent of the rot. if the judicial commission is rotten he risks having the suspected judges back on the job. He has to avoid a scenario like was suffered by MMD over the NCC and the constitution. A failed attempt by a head of state means loss of confidence by citizens. as a CEO he uses executive powers which is legal. Sata is miles ahead of many politicians in Zambia. he has opposition parties scampering all over the place. they know he is right but they were quick to dis him without reading the law. but the time they get their act together he will be further ahead

  17. @20 Vinod. You are Board of Directors MATERIAL. For listed companies on major bourses of the World for that matter

  18. Mr president do anything in your power to create tools for delivery of goals,we are waiting with alot of hope,already a lot of sanity retaining in the civil service,police,almost every body is siting up for work,its rough boss but be firm,work frame work creating slowly ,just constantly consult boss….

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