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Thursday, October 22, 2020

Injunction against tribunal is illegal and amounts to a direct attack on the President’s decision – Zulu

Headlines Injunction against tribunal is illegal and amounts to a direct attack on...

Justice Minister Sebastian Zulu
Justice Minister Sebastian Zulu

Justice minister Sebastian Zulu has described the decision by the Lusaka High court to stay proceedings of the Tribunal appointed by President Michael Sata to probe the alleged professional misconduct of three suspended Judges as illegal.

Mr. Zulu says the court’s decision is an illegal and amounts to a direct attack on the president’s decision.

He says government is surprised that the judiciary is refusing to be accountable to the people by not allowing the exercise of its power to be checked by the executive through the procedures provided in the constitution.

Mr Zulu has told a media briefing in Lusaka that this is the first time since independence that the judiciary has acted in such a manner.

He warned that the growing trend where the country is having a dictatorship of the judiciary is a recipe for anarchy.

The Justice Minister stated that if such a trend is not addressed, it may lead the country into serious problems.

Mr. Zulu says the judiciary should not shield itself from investigations.

He says the people of Zambia are tired of complaints of incompetence, corruption, and collusion in the judiciary.

Mr Zulu adds that government has given the judiciary enough time to correct itself and that it is the hope of the government that they will not betray the aspirations of the Zambian people.

Lusaka High Court Judge Flugence Chisanga yesterday May 16,2012 stayed proceedings of a Tribunal appointed by President Sata to investigate the misconduct of a supreme Court Judge and two High Court Judges after arguments that it was illegal and premature.

Meanwhile Solicitor General Musa Mwenye has applied to the High Court to have the stay of execution of the tribunal revoked. Mr Zulu has confirmed and that application to have the stay revoked will be heard this afternoon.

He has further called on the judiciary to work with the government to ensure that there is smooth delivery of justice in the country.

QFM

106 COMMENTS

  1. ZULU ,SATA  VRS THE JUDICIARY.VIVA CHISANGA,U ARE A WOMAN OF SUBSTANCE.SATA IS A DICTATOR,IMPEACH HIM SO THAT WE CN GO FOR A BY ELCTIONS KIKIKIIKIKIKIKIKIKIKIK

  2. It seems Flugence Chisanga nabamulishamo!Why are the suspended judges scared if they did not commit any offence?Ifyskulya ubushiku bafimwena kumalushi.

    • Get a life! So does that mean that the judges who know what avenues are open to them should just fold their hands and wait for a pre-determined decision. Even a killer caught red-handed fights the system because that is the way it is supposed to be. It has not started with these judges and will not definitely end with them. Judges whether by ‘corruption’ or whatever fight your case, you are entitled.
      For now let the tribunal wait and when it starts(as it will) I hope it will be broadcast live so that we all know how corrupt our judiciary is. 

  3. so guys u see that trully where theres smoke theres fire..? These judges are plain corrupt so lets see how GRZ will sort them out and after that we can take Fred and Nchito to court unless they pay back what belongs to the people

  4. yaba confusion continues…so he means we can not question the president decision.from my lay position thy want to know whether he acted within his powers and was procedure followed.What the problem with that?

  5. I thought the tribunal is giving the three judges an opportunity to be heard and to clear their good names which have been dragged into the mud by allegations and insinuations. To me the three judges should have been the ones pushing for a tribunal

    • A tribunal instituted by Sata? Common, let’s look at the commissions he’s set up so far for an idea….

  6. This “application” may be justifiable but the extra-judicial press statement sounds like a veiled….. no unveiled threat.
    The government will probably succeed in intimidating the judiciary and the rest – well, posterity will have to deal with.

  7. clearly one can see that the judges had seen this loop hole in the law that is why they had to wait until the last minute to go for an injuction.

  8. The Judges hav ethe right to that course just like the state has appealed to have the injunction stayed. This is more the reason why we need to reduce the powers of the president in the constitution…suc decision should go through parliament in a democracy.

  9. He says government is surprised that the judiciary is refusing to be accountable to the people by not allowing the exercise of its power to be checked by the executive through the procedures provided in the constitution.

    the statement above is misleading since the complants are two in the names of Mmembe and Nchito. Since when did these two become the spokes persons for majority Zambians? Yes it is the first time such a thing has happened, Sir Zulu take note that times are changing people are more willing to challenge the state. Ask RB and the state with the sale of Zamtel. The peoples voice took the day evetually. PF only responded to the demand of returning Zamtel back to the people, it was not the state which did that.

  10. Am so shocked by the judgement of judge Chisanga, These Judges are plain corrupt and have eroded the morals of a good civil socity. Let them prove that they are clean by allowing the tribunal do its works and then we shall get back to the Post and JC

  11. ZULU SHUT UP. WHY CAN’T YOU ACT LIKE ONE IN GOVERNMENT RATHER THAN SHOWING YOUR WEAKNESS THROUGH YOU STUPIDITY. ONLY A LAY PERSON LIKE ME QUALIFIES TO UTTER SUCH NONSENSE SINCE WE DON’T HAVE AN UPPER HAND WHICH YOU DO. THOSE ISSUES AND ARE TO BE RAISED IN PRIVATE. AS THOUGH YOU ARE IN OPPOSITION! BAAH!
    DON’T FORGET THAT THE CHIEF IN COMMAND IS THE PRESIDENT, ACTUALLY YOUR BOSS!

  12. Its very clear that Mr Zulu is on a fishing expedition. He is contradicting himself – the president and indeed the state does not hold absolute power in a democracy. we have 3 independent arms of the govt – all of which have limited powers in our constitution.
    If none of these arms are intimidated, Zulu’s application should fail, or may succeed temporarily at the first hurdle (high court) but it should eventually fail at supreme court. 
    Zulu’s argument can not be sustained in law

    • We have 3 arms of government but the constitution has loop holes that give the Presido more powers over the other institution. For example he has power to dissolve the Legislator. He has powers to appoint Judges. So from that those arms are toothless.

  13. No one is above the law not even Judges themselves….. we needed to have done this long time but all is not lost….many are ready to testify, there is evidence people if you are not aware be assured there is…let the tribunal commence please……if trust in the judicial system is questionable how else do you expect justice to prevail….justice is for all not those with money…they should be flashed out

  14. zulu ya mudabwisha order yaba judge chisanga. mukose!. do you always want and wish everything to the state’s way or MC’s way? no no no no……..

  15. These are some of the problems the judiciary in Zambia has deliberately gotten itself into. I mean can someone please ask this so called learned Lusaka High Court Judge Flugence Chisanga just how the hell he was able to stay proceedings of the Tribunal appointed by the President and reinstate the judges against provisions of “Section 16 of the State Proceedings Act?” Maybe another tribunal should be set up to investigate thus Flugence Chisanga.

    • If you went into law class and had a chance to be in administrative law class, you would have had a chance to read the popular Kabimba case where it was espoused that while an injunction wouldn’t lie against the state, a stay of execution would however hold. Thus, in as the judge may have errored on one ground of injunction,she was is nevertheless right to have stayed the execution of a contested action of the preident.

  16. chiwamila galu, BRAVO hight court decision, thats courage babe and a bit of maturity in the judicial system,next is to go to the table and see how up hold the law. by the way who is the president?? he is jst an employee with different responsibilities, he is not a god so things can go against him Mr Zulu.

  17. How can judges clear their names when a muderer in jail is hog washed to testify against judges? Ukwa, sha.

  18. These judges are corrupt,like they say,every dog has got its day of reckoning.If the judges were as clean as they are supposed to be they would have allowed the due process to at least cleanse them from the perception.Anyway,Zambians did not vote for King Cobra for nothing,he promised to sweep the country from vices and what better start than starting with their Lordships chambers.

    • But in trying to sweep, the law and the tenets of democracy demands that the president acts in line with the law. the provisions for probing a suspected erring jugde are plain and well articulated in the constitution. The president has no such power without first a recommendation being presented to him by the chief justice after a tribunal set under the judicial complaints authority so finds the wrong doing of the judges. So he acted ultra-vires and that is threatening. If a president is given such powers, the liberty of the citizens would be at stake. He would be above the law and his word would be law. lets not help create a despot. let’s endeavour to have institutions that guarantees your and my freedom.

  19. Minister Zulu, why is the Executive senstive to have its powers checked? No one arm of Government should ride roughshod over the other two. It is called “separation of powers” Baba Sebastian Size Zulu.

  20. Judge Chisanga usurped her authority by granting a stay of execution of the proceedings of the tribunal. This just calls to show how  corrupt our Judiciary is to an extent that Judges will do anything to protect each even if it means circumventing the law!!! If these Judges are innocent why can’t they just face the tribunal and be vindicated?

    • You have never been in a law class, a stay of execution can lie against the state. read the case of Kabimba which is a supreme court judgment. It will instruct you. Bane, we need the rule of law and not the spontaniety of persons. The judge in my simple law degree understanding, did not error and she was on firm ground so to order.

  21. tekwebati umuntu ngaacita invoke ama provision ya law ninshi ali guilty awe! mr sata has asaulted the independence of the judiciary. if this is not challenged ninshi akulacita fye efyo alefwaya mu judiciary. it wont be nice bane. lekeni bamukanine. ngaa lefwaya elo acite ifinto bwino

  22. Semastian Zulu is a shameless man. He is trying to please his friend Ukwa so that he’s forgiven for his fradulent commission of enquiry gone sower grapes. As much as sanity needs to be restored in the judiciary so as rotten and opportunistic lawyers like zulu shud be weeded out. Umusuku ubi ubifya impanga yonse. Viva Judge Chisanga my iron lady!!!!

  23. I see nothing wrong with the Judge’s decision because she was just reminding the executive that they did not follow the due process of the law which requires that if judges are perceived to be improprietory in their conduct let the Judicial Review Commission handle it and submit report to Chief Justice who will in turn recommend to the president whether or not there is need to set up the tribunal which in this case was not done. This was like usurping power of the JRC and the Chief Justice. The executive should not use short cuts if you want to be supported. Please read and find out how she arrived at that decision.

  24. everyone should be responsive to change. Change beofre change changes you. The government should change now. Judiciary should as well change now before change changes them

  25. The minister is right. These judges are insinuating that they are above the law! Thank God I am not the president!

  26. ” Sata is protecting his rich friends, Mutembo Nchito and Fred Membe from paying back the poor tax payers money of over K14 billion kwacha owed to Development Bank of Zambia (DBZ). It must be stated that failure to pay back a loan from a public institution amounts to abuse of public funds and is a special form of corruption”

  27. Judge Chisanga you are a woman of valour, pls do not be intimidated we are praying for you. Corrupt elements from the highest office are roaring like lions. They are ashamed to send back that juniour lawyer the imported from Malawi. Evil will never prevail over good. God save our country.

  28. It appears the Zambian judiciary has been rotten for a long time. Corruption in the judiciary is an assault on the human rights of citizens. If the suspension of the three judges was not done according to the full processes of the law as some people allege, why couldn’t the three judges resign on their own in conformity with legal ethics?

  29. Remember that Mmembe and Nchito also walked away from a Judge when they discovered that it was not their friend handling the case. That was the first time in the history of the whole world that some rich individuals can walk away from a judge like that.

  30. What is at stake here is not whether the three judges are innocent or not….that will follow later! What is rather at stake is the independence of the judiciary! If we’re not careful as a nation, we’ll soon wake up with no judiciary at all….the executive will have usurped all the powers, and begin to play judge at a higher level! And that will be the begining of the end of Zambia. And the way I see it, we’re quickly nearing that era! Come Soon, King Jesus, and save us! 

    • The judiciary can have all the independence they want as long as they can maitain minimum operating standards such as not being corrupt. You have clearly missed the whole point of this exercise and may be best you just watch inspead of opening your mouth and making your ignorance plain

    • Lynch whatever, can you guide us as to how the Executive and Judiciary relate in USA. It seems like most bloggers with USA flag are on board with the thoughts of the pf. I am honestly lost so I would be grateful if I was put in line. I think Whistle Blower is right, if the President will be taking drastic measures such as suspending judges because of his friends and relatives we shall wake up without a judiciary; tomorrow it will be his mistress who will complain about a judgement and another tribunal. People complain about anyone and you cannot have tribunals or COIs for every person. HEMCS has taken this action because of Mmembe, it is not rocket science at all. 

    • # 40.2 Dull whatever, you are right – this is not rocket science. Any professional body (be that lawyers, doctors, architects, etc) have a duty to make sure they are delivering a service to the public that is of high quality. This is done by peer review such as annual assessments, continuing professional education, etc.

      The legal fraternity in Zambia have over the years NOT been monitoring the quality of the service they deliver (ZERO peer review, judges can practice wamuyayaya). In the abscence of regular quality accessment, standards deteriorated, and people complained. The Mmembe / Nchito case is just the tip of the proverbial iceberg of many cases which have gone wrong.

      This drama is ultimately about putting our shambolic justice system in order, no sacred untouchable cows.

    • @Lynchmob etc
      Get an education!  The injunction is about due process not about determining guilt.  First follow the correct process and then get your tribunal to find the real situation.

  31. I am a long time supporter of the President but I like the injunction because appointing a Malabi judge is the same as what Mwanawa nanikane did by bringing a UK judge. We should be serious with what we do in our country. Precedents are bad for the Judiciary.

  32. can the fu.cking zambian laywer blog and give direction on this shit case to enlighten us no fuc.king engineers…

  33. Whilst am a strong PF supporter,if proceedure was not followed and the honourable Judge is trying to correct a wrong so be it.Justice must be availed even to the wrong doers.It seems the three judges have been found wanting already by the media houses.I cant blame them.Sebastian, what is separation of powers kanshi, educate me?The three arms of government are equal thats wat i learnt in social studies and civics, change the syllabus ZULU!

  34. I would like to know the outcome of this afternoons high court sitting before I comment. Since I am an economist, I don’t want to swallow my vomit later if the same court reverses the decision after hearing submissions from the Attorney General. OK?

  35. Zulu is the one giving sata wrong advice. The proper channels have to be followed and that is what judge Chisanga has done this. Dont let mmembe distroy our judicial system. Zulu must GO!!!!!!!

  36. Middle-Game technicalities … the elimination process has just began. Checkmate insight, no stalemate foreseen.

  37. I need assurance that whatever happens, the K14 billion owed to DBZ will be returned with interest. If not, properties grabbed from the culprits.

  38. The judiciary has not been screened for a long time. so they want to use the courts to protect their bad behaviour. Judge Chisanga should also be suspended for trying to betray the people of Zambia. we need to sweep the judiciary in Zambia, if we have to develop and rid corruption.

  39. blogers ! have you ever been before these Judges ?
    NOT SWEATING IN THE PANTS,BUT UKUNYA SO !
    the guys are corrupt and they need a firm hand of SATA.

  40. custodians of justice corrupt!!! legislature corrupt! the military corrupt! The kind of corruption that is so naked and obvious to regular people such that it stunts progress, steps on peoples rights, delays justice to be served and enriches the powers to be !! …Yes it’s very difficult to absolutely eliminate corruption even in developed countries this is true!. However, where this vice is unveiled their are serious consequences or repercussions to individuals found wanting regardless of their position in government or society. Lets implement stiffer punishment….

  41. Ah so we have stopped following high court judgements?So next time the high court gives a ruling we can ignore it? So whose Law are we following in Zambia.Please can this matter go to the Supreme court.Because now its lawyers quoting different sections of the law and saying they are right.whatever the case as one blogger has said we were lied to inCcivics when they told us there are 3 independent arms of the government.and please stop lying that the judges were corrupt they just wanted Nchito and MMembe to pay K14billion billion owed to DBZ

  42. Whatever happens the govt of Zambia will lose out. If the esteemed Judge Flugence Chisanga rescinds her decision due to pressure from the executive then the judiciary in Zambia will not be seen to be independent and who would want to come and invest in a country where the likes of GBM can take over your company and you have no recourse to the law? All this is more ammunition for Henry Banda’s lawyer.

  43. #51 top soil what criteria are you using to base your statement that the judges were corrupt? Was it corruption to ask Mmembe and Nchito to pay back K14billion? Sata is the one being corrupt.

  44. This sychophant called Zulu is elevating Sata into a demi-god whose acts cannot be questioned and whose words becomes law.Mr Zulu we’re a democracy where there are checks and balances of power wherein an independent judiciary cannot take orders from the president.

  45. STUPID ZULU. If the constitution says sata can only nominate 8 members of parliament and he appoints 15. What do you expect the courts to do? They have to interpret the law for him and stay his illegal action. Simple. These men swear to uphold the constitution not sata’s boobs

  46. My dearest Sister kindly die for what is right.Be woman enough challenge those men please.My the all might GOD bless you and guide you.

    Dont fear any thing.

  47. 1. “Mr. Zulu says the court’s decision is an illegal and amounts to a direct attack on the president’s decision”. Comment: Is the Minister telling us that if the President makes a decision that a person must be hanged, he should not be challenged because it amounts to a direct attack on the President’s decision? Strange reasoning mukwai ba Zulu.

  48. Fellow Zambians to me some members of the Judiciary are responsible for the high levels of evil,crime ,including corruption .We need to make them accountable as well remember the late Mwanawasa one time ” Said with or without injunction he will go ahead .” it’s on record ,His Excellency Sata should do the same.

  49. Independence does not mean intertaining corruption these judges must not be afraid if they are innocent Ba Sata please clean the system 

  50. 2. Zambia is stranger than fiction. Just a few months ago (I think it was December 2011), when the Post launched vicious attacks on the Judiciary and the same Minister Zulu tried to defend the Judiciary, the Post run editorials which labelled him as corrupt, cited a few cases of his past corruption and threatened to reveal more on him. After cowing the poor Minister into submission the Post now sees no corruption in him, they are happy to have him as Minister of “Justice” and they are even happier to lodge their complaints of corruption against the Judiciary through the very same “corrupt Minister”! Compatriots, that is “Mr” Mmembe for you.

  51. Travesity of justice of epic proportions being exhibited by some elements of the legal fraternity.

  52. For the first time I believe that we have corrupt free judges in Zambia. If these judges were corrupt as purported by the PF government then it could have been easy for PF operatives and Mmembe to corrupt them into passing a judgement they wanted. They are in government and have a lot of resources at their disposal to corrupt the judges just as they have corrupted some weak opposition souls but these men and woman of valour have refused to be corrupted and they deserve our support.

  53. The ever changing political environment in Zambia is shocking Mr Sata’s team and this demonstrates a small dose of what law can mean even to a dictator, chickens come home to roost. After Mr Sata’s term such ‘legal check mate’ will be the order of the day looking at the numerous errors committed so far by PF govt. Complex issues require complexity thinking with logical creatavity and innovative thinking. The game has only began watch the space.

  54. i thought there re three arms of govt each with power. none is above the other. why is zulu saying President can not be challenged?

    • KK, Zulu is right that the President can not be challenged.Imagine what will happen if all the decision the president makes will have to be challenged in the Courts of Law? There will be a constitution Crisis and the president will have failed to implement his manifesto and will not be able to work.

      The President is therefore allowed to work unchallenged enjoys immunity for prosecution and injunctions by the Zambian Courts.The president is checked when he breaches the constitution and it is Parliaments Job to move a motion to impeach him and remove him from office.

  55. After his COI report was trashed, he has decided to lick the boots of you know who harder. Typical Easterner. Muzungu anikonde, except in this case it is aSata anikonde. Pathetic.

  56. The Engineer (Australia), you can wish all you want or until the cows come home; George kunda will NEVER come back from the dead. Suddenly Gearge Kunda seems to be the most brialiant lawyer that ever happened to some Zambians, espedcially those in Australia!!! PULEEEZ!!

  57. Ba sebestian Zulu this not Kaunda time were the president should dictate what ought to be done..Unip is long gone we are in a democracy were institutions of the Gvt are independent. The president was suppose to work with the Judiciary if he wanted to investigate the judges not just to come up with a tribunal wich didnt even reflect the wishes of the judicisry,, sata will face it hard and he risk an impeacment, he should not play with the judiciary they will finsh him,,,

  58. LAZ can you please discipline your member Saizi Zulu as you promised??? Honestly, is the President never to be contradicted by the judiciary???

  59. WHERE IS INDEPENDENCE OF JUDICIARY IF POLITICIANS START ORDERING JUDICIAL DIRECTION? SHAME!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  60. There are no shortcuts in law. The president was misled by his legal advisors on this matter. It is surprising that Zulu the so called Minister of Justice can argue like a layman. Yes, the judiciary needs to be cleaned but the right procedures must be followed in the process. Otherwise the three judges will feel that they are being victimised because they did not rule in favour of Mmembe and Nchito. In any case asking debtors to pay back does not amount to corruption.

  61. I DONT TRUST SABESTIAN ZULU KAA! HE IS PLAYING DIRTY GAMES ON THE PRESIDENT, CAN MR PRESIDENT PLEASE BE CAREFUL OR SORTOUT THIS ZULU?!!!

  62. Guys, let us argue matters like learned people here. The government does not operate in a vacuum, it does so in a context called the constitution. Now, we all know that a provision was inserted into our laws that make it impossible for any one, including judges, from halting state proceedings and this came in form of “Section 16 of the State Proceedings Act”. So just where does this judge derive his/her powers from to stop a government action? This move is illegal, Ukwa, in as much as I do not like the old fool, is right.

  63. Now what nonsense is this that the learned Mr Sebastian Size 10 Zulu is spewing, so he thinks that it’s okay for the Executive to check the Judiciary and not vice versa. So who will save us especially if we mistakenly install a dictator in state house? For the avoidance of doubt, I categorically state that I did not say there is one right now.

  64. If we are to go by what the Post editorials said about him, surely this Minister has no moral right to make such comments.

Comments are closed.

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