Ministry of Justice, Sebastian Zulu yesterday said the granting of the stay on President Micheal Sata’s suspension of Justices Philip Musonda, Charles Kajimanda and Nigel Mutuna showed that the Judiciary was panicking.
And Zulu has ordered Solicitor General Musa Mwenye to immediately apply to the High Court to have the stay of execution of the tribunal revoked.
Lusaka High Court Judge Flugence Chisanga on 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.
In an Interview shortly after the state received the order served on the Attorney General , Zulu said he surprised by the development because it was unlawful and in contravention of the State proceedings act.
The matter has been instituted by High Court Judge Nigal Mutuna and Judge Kajimanga who are contesting the legality of their suspension as Judges last month and subsequent setting up of a tribunal to probe their alleged misconduct.
” I have ordered the solicitor General to immediately have that stay revoked on the ground that under section 16 of the state proceedings Act. An Injunction may not be granted against the state,”he said.
“An Order of stay is in fact a mandatory injunction which is ordering that the tribunal should not take off, that is what the law does not allow. It (law) doesn’t allow such an order as far as I an concerned.”
Zulu Said he was shocked at the order passed by the judge,in which the reinstating of two involved parties as judges has also been ordered,stressing that it was clear that the judiciary were panicking.
Hearing in matter has been set for May 30,2012
[Statehouse Website]
Sata has surrounded himself with f00ls and now all what we have been advising him, has started to fall on him. A head of state is now being told how to do things right! This is very bad indeed. More pipo will stop respecting ukwa. MMembe and nchito are going to go down because they are corrupt. They are evil. Ukwa might go down with them if he is not careful
And when he goes down, you will go up!
the drama continues. Pop corns and coke please as we enjoy these episodes!
These politicians are trying to destroy the judiciary and have all the power to themselves so that they can do whatever they want. Countries are not run that way but need all the independent organs (executive, legislature & judiciary) at the same time. Ukwa is only fit to be a village headman and not a Head of State of a democratic state. He also takes full responsibility for all this circus because his name was on the ballot and not those of his g@y puppet masters.
Ala, y shud an injunction not be granted againest the state? Those are the ambiguous laws we dont want. The govt is controlled by a few pipo who can make errors and sometimes want to pass laws n do things tht benefit them.
Zulu is incopetent just shup what are u hiding that the judicial review will bring out? we want ful justice here not dictating things with your UKWA, u kaponyas u will be jailed for abuse of office all of u with UKWA after 2016. just wait for that time maybe it wil be soon looking at things the way u are handling matters u are ripe for impeachment. ZUKLU U shud know that this is not your country alone or animal farm for UKWA this is our country us ZAMBIANS
When will the real change come kanshi….these politicians awe mwe
Lets see if PF is above the law. the learned lawyers said the tribunal was not legit ,with terms of reference only being a civil case AKA trial against Sata’s friends.Minister Justice minister fumyeni data kabili…lets take this to the supreme court.VIVA independent Judiciary..ABASH abuse of powers
Extra ordinary!!! Indeed more popcorns delivery please. Address SA embassy in Pretoria . Don’t forget to add drinks for the kids too.
This show could not have been scripted this better. Will just continue to enjoy the show from the terraces for now.
But Bootlicker, I thought at the beginning of this saga, you said that Sata was playing Mmembe and Nchito, has the plot changed?
I have run out of popcorn and the corner shop has nothing so need to drive to find a big supermarket somewhere.
“Zulu said he surprised by the development because it was unlawful and in contravention of the State proceedings act”
Lets see who knows the law.
Why are the suspended judges panicking?if they are clean,they should just let the tribunal go on and clear their names.
please leave the forum – it is for educated people and if this is still your cadre line after the dramatic developments in 48hrs that bring into question the structure of democracy in practice, rights of an accused (guilty or not) and constitutional due process etc etc you still think its about clearing names!!!! to whom?? they are not after a nobel peace prize my friend, this is about following procedure and the constitution STOP WASTING OUR TIME AND JUST LET THE EDUCATED DISCUSS THE ISSUE, USELESS CADRE!
# 9.1 get a life,
Fortunately you do not hold the monopoly on what the definition of educated is.
Your provincial ranting actually makes the other chap appear even more educated than you.
If the judiciary have nothing to fear, let them allow the tribunal do its job. If the tribunal finds them innocent, they can sue the pants off Sata and cohorts. With costs.
My understanding of the process here is that Sata’s tribunal is a performance gauge caused by the lack of peer review within the Zambia legal fraternity. Hopefully, the tribunal will address both the cause and effect of this drama.
#9.2 You must be nuts! Who has sued a sitting President and won in Zambia? Legal wars have to be played out to their fullness. There is no panic. Let the courts decide, all the way to the Supreme Court. That is why we have the judiciary. This is not a village lynch squad that insists it is in the right all the time and the other party has no say. The judges have a right to test the validity of Sata’s decision and let the courts decide – not Seb Zulu and not Sata.
#9.1 I will lend you my name; I think it suits you better mate!
Sorry #9.1 the above was meant for #9.2. Let the courts decide and it is stupid of corrupt Seb to say that the Judiciary is panicking, the judges have a right to be heard by the zambian court and I hope Judge Chisanga won’t be intimidated. So #9 and 9.2 stop cadre mentality and let the judiciary work.
Just obtained from Tumfweko:
by VEN:
For a record the high court judge chisanga erred both in law and conduct,you can’t obtain an injuction against the state,in the JCA act cap15 of the mironova convention its said and I quote”the state shall be given a leeway to carryout its wishes for a sitting judge without the interference of courts or the legal board of any nation,but the aggrieved parties are free to appeal after the findings of the tribunal or any setup of the state”end of quote,so judge chisangas judgement holds no water at all and the tribunal continues.
Is it an injunction or stay of execution pending judicial review?
I hope I am just dreaming and if so, please dont wake me up until this circus goes. Thank you.
ba saizi zulu most incompetent lawyer appointed minister, why use such combatant and bellicose terms such as the judiciary is panicking? just appoint another tribunal to investigate judge chisanga. so its about you against them? you misled the president. the man is dull and too fast tell him exactly what to do and how to do it otherwise he will always do it wrong!
I smell sulphur some one gona be hit pretty badly. We in the terraces can only wait for 90minutes to pass..!
These judges are trying to halt the proceedings of the tribunal because they know they have something to hide. Why not let the proceedings go on and there after make the president answer for probing innocent Judges.At the rate we going I am now for tribunal going ahead because we are beginning to suspect that there are definitely some rotten eggs in our Judiciary!!!
They are all courting the law now, which part of the law is greater than the other and which one can overran the rest of them? It will be harder than expected for this case to go forward as now the case is being diverted. But food for thought, why are the suspended judges trying so hard to prevent the tribunal to go on if indeed they have nothing to hide? It would have been nice to see off this case go down and the truth come out regardless of who did whatever. There is a lot of things being prevented from exposure!
WHY SHOULNT SOLICITOR GENERAL MR MUSA MWENYE NOT REVOKE THE COURT ORDER ON INJUCTION TO THE TRIAL OF THE 3 JUDGES. IF THEY HAVE NOTHING TO HIDE THAN THEY SHOULD PANICK AT ALL. I DONT AGREE WITH SOME BLOGGERS WHO ARE MAKEING NOISES FOR NOTHING.THEY SHOULD 1ST KNOW THE LAWS BEFORE MAKING SILLY REMARKS. MINISTER OF JUSTICE MR ZULU HAS THE AUTHORITY AND POWER TO ORDER SUCH REVOCATION ORDERS FOR JUSTICE TO PREVAIL.THE 3 HONOURABLE JUDGES SHOLD NOT FEAR IF THEY ARE INNOCENT AS NOBODY IS GUILTY UNTIL PROVEN. LET THE GOVT OF THE DAY CARRY ON WITH THEIR DUTY AND WAIT FOR THE FINAL JUDGEMENT.
Your ignorance is appalling yet you have the audacity to label other contributions as silly. Your level of education is discernible from your grammar and spelling. Where on earth can a politician in a democracy revoke an order of the court. The Minister cannot revoke even an order from the Local Court or Small claims court. Go to School
tell them brother these guys are just making noise without studying the issue.
Mmmmm, ba @Lawyer1, the solicitor general is not a politician, bwana! He is only appointed by a politician and approved by the lagislature the same way judges are. And yes, the solicitor general can revoke a courts decision (don’t quote me on this, but I think he can sir.)
Malikopo did you study law in the same class with mmebe? I mean evening class; i am sure he gave you that leakage he had. YOu are indeed dull as usual. Check the powers of a minister as opposed to those of the judges or better still the minister as opposed to s.g or a.g. Making noise like an empty tin is not welcome. I hereby lending you my name by proclamation!
If Judges refuses to appear before a bogus tribunal that is by far not panicking! Interesting turn of events.Let Chikopa go back to Malawi untill this mess is sorted out.He cant just be chewing zambian taxpayer money at Intercontinental hotel
Were did this f00l get his law degree? Wena just instruct your compromised solicitor general to go and use your warped reasoning before judge chisanga during the judicial review. Honestly, if there is anyone panicking it is you and your boss Ukwa and the rest of his minions!
Rule of law; where lawyers dont even understand the law itself. Thieves hiding under the umbrella of “law”; Basakala Nyongo.
Such unwarranted attacks on the qualified and duly appointed judges are unnecessary especially coming from the Justice Minister who is a learned lawyer.
The Justice Minister has the right to condemn the judgement by Judge Chisanga but it’s unreasonable and unprofessional to say the judiciary is panicking,Zulu is as careless as the President in his choice of words.
The best is to allow to be investigated.Why shielding themselves with these injunctions? Are they guilty?
HH has the last laugh. PF cadres called Underfive without experience. Is this the experience Sata was boasting about having been in government. Its simply SHIT experience
The judges are not shielding themselves from being investigated,Michael Sata erred by appointing a tribunal and that is what they are trying to correct that’s why the judges sought judicial review,a judicial review as granted by Judge Chisanga will look at the necessary provisions of the law of Zambia as cited by the judges lawyers to see if Michael Sata followed the procedure or if he had the right to appoint a tribunal because learned lawyers have interpreted the law differently,Sata was probably wrong and it’s the fault of the Attorney General and his assistant the Solicitor General for misguiding Sata,they should have told him it was okay to set up a tribunals to investigate any judge but there is a process and relevant authority to start that process not the President.
imwe bantu injunction against Ukwa’s “funny” tribunal does not mean the judges are hiding anything. They don’t trust that they will be treated fairly – they are simply using ALL the means at their disposal: in a much better way than Meembe.
ZULU is now in complete error.
Section 16 of the state proceedings Act does not imply that even when state has erred, there shall be no legal reddress of the setup tribunal.
Section 16 of the state proceedings Act does not stand alone; and what ZULU is forgeting is that no act stands aloof.
If the president today stated raping women and killing people you will not keep quiet and say he enjoys immunity and therefore cannot stand before courts of law.
There are other provisions with the law which provide reddress of cases of that nature and would be used even to have such a president step down and have his immunity removed.
That means not act enjoys indpendence or superiority but every act is subject to other acts and ultimately to the entire constitution.
Is that not what FTJ did while he had his immunity as Head of State?
The Justice minister minister has the right to instruct the solicitor general to fight the stay of execution. Just as the judges have the right to fight the tribunal.
Yes he’s got the right but as Justice Minister and as a learned lawyer he should know that it is morally mock the judiciary,that’s just pure bad judgement and in effect incompetence of the highest order being exhibited by the Minister.
Yes he’s got the right but as Justice Minister and as a learned lawyer he should know that it is morally wrong to mock the judiciary,that’s just pure bad judgement and in effect incompetence of the highest order being exhibited by the Minister.
Since when did the Justice minister start ordering the SG? Mamamamamam nao!
Please, can competent civil servants advise the President, and while you are at it, wake up this fool of a minister? As a minister of Justice, is this all you can say about this embarrassing state of affairs that Mr Ukwa finds himself in?
Challenging the misuse of power by the Executive is not panicking. The judiciary is just trying to challenge the misuse of power by the executive. if such things are not challenged now the executive will continue with meddling in the affairs of the judiciary. we are not against the judges exculpating themselves over alleged misconduct. we just want to see things done the write way no correcting a wrong using a wrong procedure. Lets thing outside the box if we are to make right sense of things.
Exactly!
If you have a daugher who wnats to marry, and you discover that the man she wants to marry is in fact you sister’s son. Wedding day has already been set.
Then some people tell you that you have to cancell the wedding and dissolve the intended marriage.
Are you going to say no let the wedding proceed and those who unhappy can later appeal against the marriage?
In my view, definitely if you are normal you cancell the planned marriage immediately because the foundation is already wrong. The same with a house, if you start with wrong foundation the results cannot be expected to be correct; why tell yourself that people go ahead with the building then after the building is complete, if people are not satisfied we can bring it down.
That looks like there is a challenge in thought.
The two examples may be parellel, but not appropriate foo! You are the one who is intellectually challenged
Mr Wise, I think you know what you are talking about! Let us hear what the courts have to say. Seb Zulu is a real dolt to call the judiciary (that is the whole judiciary and not merely two or three judges) as panicking. What a dunderhead Zulu is!!
The minister has quoted section 16 of the state proceeding act, an injuction may not be granted against the state. That is the current Law so i dont see why pipo are calling him names. Ladies and gentlemen, our laws are flawed that is why we need to change most of them. Most of bloggers are right but are not refering to the law. in your respective countries such a law is non existant but in Zambia it is there. That is why Sata is playing with your minds because you have not read the Zanbian Law and he has. Look This Sata guy is a seasoned politician, he is working with the written while most bloggers are working with common sense. and as usual the law is supreme
The minister has quoted section 16 of the state proceeding act, an injuction may not be granted against the state. It does NOT say SHALL
Your daugher wants to marry, and you have just been told that the man she wants to marry is your sister’s son. Wedding day has already been set.
People advise you that you have to cancell the wedding and dissolve the intended marriage.
Are you going to say no let the wedding proceed and those who unhappy can later appeal against the marriage?
In my view, definitely if you are normal you cancell the planned marriage immediately because the foundation is already wrong. The same with a house, if you start with wrong foundation the results cannot be expected to be correct; why tell yourself that people go ahead with the building then after the building is complete, if people are not satisfied we can bring it down.
That looks like there is a challenge in thought.
Mmmmm, ba Mr. @Wise!, are you trying to portray “A Phiri Ana Bwela kuchoka Ku Kalale” by Nashil Pichen Kazembe!?
How can you NOT know your nephews in the first place for you to meet them for the first time at your daughter’s wedding day?
Muleke uku chona ba mudala imwe!!!
@ YambaYamba – Kudos!
The analogy has a faulty premise and therefore lacks logic but I get it. Twisted interpretations are on the menu today :) I reckon I’m fasting on the sidelines as this plays out.
those in law firm help us understand what is happening according to law who is right and wrong
the most corrupt judge is musonda revealed mohan.so if these judges are innocent then let tribunal operate freely.ba president we are behind you don’t be intimidated by useless oppositions leaders God’s power is working through you to expose these corrupt judges who think they are un touchables. viva ba sata be firm on them
section 16 of the State proceedings act!!!
What is a state?
We should not lose sight of the fact that this is happening just because Membe and Nchito dont want to pay back what they owe the tax-payer. All this legal tooing and froing does not change that fact. It is highly embarrassing for the govt to bring the whole judiciary into disrepute simply because a group of citizens does not want to pay back money that they borrowed voluntarily.
Great point.
Isnt the SC under the supervision of the AG? It is not about the judges afraid to face the tribunal, it is the right of any accused to question a flawed process or charge. These are known as interlocutory/ injunctive issues which have to be addressed before the main issue/s. Note also that even after the Tribunal finals, the judges will have a right to appeal to the High Court – as Dora Siliya did
President Sata is not managing a personal farm and therefore it is important for him and Guy Scott to understand that individuals can legally challenge decisions that affect them. It is amazing that Guy Scott whose heritage is anchored in the rule of law is failing to understand the basis on which individuals can challenge decisions that affect them and that unelected judges have the power to alter decisions of elected officials. Sata’s regime can avoid being vulnerable to successful legal challenges in future by being accountable to the people and not a clique of corrupt businessmen.Decisions of public authorities can be challenged in the courts by way of “judicial review”: a process by which legislative and executive decisions are reviewed by judges to ensure that they are lawful.
Any opportunity to burn the haystack :) Wait for November 5th. It’s legal then. Oops. Did I just find Guido burning the law making houses of parliament within that heritage :)
Judiciary v the executive ,Let’s see which arm of Govt is the “state” (not govt) anchored on….. This case opens the need for the true INDEPENDENCE and FREEDOM of the 3arms of the state in the NEW CONSTITUTION
Why let a WRONG tribunal operate freely?
If you trust your lock and you hear thieves trybing to break in will you not call the police because you trust your lock?
Would you love to keep a maid who will bath your baby in COLD and DIRTY water, and when asked why she washed the baby in cold and dirty water, all she says is the baby was very dirty so i wanted to clean the baby quickly and I did not want to follow proceedure?
What is important in this case is that proceedure must be followed; whether the judges were corrupt or misbehaved or not is not what people are challenging here. It is the method used to address the perceived problem.
Legal
procedures have to be followed, why rush and who do you want to ambush ?
Is the State above the law Mr Justice minister?
Is the Judiciary above the Law?
Which part of BOMA NI BOMA don’t foo!s understand?
The tribunal is going ahead.
One of Sata’s strengths is that people under-estimate him and the intelligence of the team he has picked to lead the nation. You can call all sorts of names, become incontinent with frustration, but BOMA NI BOMA. Get it in your freakin heads biatches.
Sadly ‘boma’ includes ALL 3 INDEPENDENT arms of government our learned friend! Boma is just not the Presidency and cabinet, we are not in A BANANA REPUBLIC YET!!!! This is the constitution and the law we are discussing not rhetoric at a PF rally!
Lynch Mob Misleader, I wish I could hire to John Gotti to put up your &&&. By intelligent team you mean Summer Loser Kabimba, Girl Batterer Mwamba, Bob fake economist Sichinga? Zed is nice mwandi!
F00LZ for Judges. What are they scared of. As alluded to by the Minister, this is clear panic on the part of the judges. I foreone have benefitted from corruption in the judiciary, we know what these judges are capable of. The entire judiciary is suspect now including their supervisor Chief Justice.
Legal minds are fighting each other and our system is adversarial so let them fight. If you have benefited well and good but the Judges and any other person is entitled to make an application and if it is upheld then what is your problem? The point that most people are making is that the suspension evolves around mmembe and nchito not because my brothers and sisters out there have been injusticely treated by the so called corrupt judiciary. The Justice Minister should shut up because he is supposed to be seen to be impartial, let the SG and AG fight this one out.
The current course set by the pfools govt is equivalent to a coup or power grab. A situation must not be allowed where only one arm of govt is functional. That is a dictatorship and such a system will not have an checks and balances. That is the vision which the current govt have for this this and it is totally unacceptable in this day and age. We have already seen that the pfool govt is a failure by their record so far. They should not be allowed to drag the judiciary system in their shame because it is belt on a very long solid foundation, although it is not perfect
ZULU must understand that section 16 of the State proceedings is restrained by the constitution from being abused by those in authority to abuse ‘state’.
That is why the law prescribes guidelines on any matter to be acted upon by any citizen including the president.
State cannot operate in a disoderly manner;prescribed procedure must be followed.
am glad am not a lawyer….liars and tongue twisters these legal. Law is the only proffession where educated people argue knowing that they are both lying but will argue violently…in Mathematics they is no argument about 1plus 1 it is 2 kwasila!
Mohani, is also participating, yayayayaya…………. yakakana. Judiciary Vs Executive.
Nothing unusual here! This is exactly how things were meant to work. If the Executive branch is right, the Supreme Court will overturn this ruling and the tribunal will processed. But the accused have every right under our Constitution to peruse every legal avenue available to them, just as much as the Executive have every right to pursue corruption cases in anywhere it is suspected—including the Judiciary! These acts shouldn’t be interpreted as wrong either way. Even in advanced democracies, there are always tensions and crashes between branches of govt. They each want to protect their turf! But that doesn’t necessarily mean is the end of democracy or rule of law.
Leave the Judiciary alone. Where is the separation os powers here? This is how people fall. Iam already seeing dictetorial tendencies developing. Power is sweet and it’s getting to peoples heads. This is how dictators have fallen. It’s starts just like this. VIVA JUDICIARY!
mmembe,nchito hv not refused to pay,what they’ve done is ask for judicial review into their case en if found wanting to go ahead with court proceedins perhaps they ar tryin to by time so that they organise da money,now corruption is corruption if one murder suspect can confm dat sme judge wants him not to testify in court then there’s cause to get concerned en go ahead with the investigations,there’s smthin fishy which the public will be shocked to learn later………
# 43 which law are you quoting? Zulu has quoted a section. can some one educated enough challenge Zulu and give us a quote
Cont…form #46
The three branches of govt are supposed to check the excesses of one another. The Executive keeps an eye on the excesses of the Legislature through veto powers, and on the excesses of the Judiciary through dismissals, retirements and the tribunal system. Since in our system judges are not elected, there are no provisions for RECALLING judges by citizens. These powers are invested in the President. He has to protect the public and public interest from corrupt judges. If I am not mistaken though, I think the Legislature does have powers to impeach erring judges just as it has powers to impeach a President. The Judiciary is supposed to act as a WATCHDOG guarding against the Legislature and Executive branches’ excesses through strict Constitutional interpretations.
cont…from #50
Unfortunately, no one still alive in Zambia at the moment doubts the fact that not all is well in Chief Justice Sakala’s Judiciary today. The Judiciary has allowed itself to become a prisoner and victim of its own opaqueness and self-policing (or lack of it). The unwillingness of our Judiciary to admit the fact that it is made up of mere mortals susceptible to all the human failings and weaknesses—hence the possibility of the existence of some corrupt judges amongst its ranks—is a grave mistake in my humble opinion. Not until the Judiciary comes to terms with this simple reality is the STENCH of corruption (true or not) in our justice/court system going to lift!
A Justice Minister who is on record as having received USD 50K from the zamtrop account as a bribe to destroy UNIP, while he was their SG! These PF clowns are nothing but a bunch of illeterate goons and their ending will be soon and harsh. Mmembe and his vuvuzela is giving them false praise yet the mood on the streets is the exact opposite. Even their kaponya followers who made up the bulk of their voters, are pissed about the tujilijili ban! Watch this space as the comedy unfolds…
Soon the country will grind to a halt, no fuel, soon no trains and buses. This what we call CRISIS.
Pafwaka, just shut up all of you! Just pay back the k14 billion. Pay it first then you can have your unconstitutional tribunal. Allergic to corruption! My foot!
more than 90% of the bloggers are supporting the move taken by the 3 judges,this is sad for my country as we look at life in our generation only.the presi acted within the law and any learned lawyer will say that,the setting of the tribunal is also within the presido powers,the only err is that the 3 judges are not the only corrupt judges ,the presido shud have widen the net so as to avoid biase as it is in this case,were only those judges who dealt with ,mmembe,chito who are close allays to the presido.with most of mental capacity to comprehend an analysis by most of the bloggers who have supported the 3 judges move,it leaves me bleeding as to what we think is gud for our country.please go back to school,dont just comment for sake of.
You are the one that needs to go back to school my friend because you simply don’t understand simple facts. In any legal process,there is order which has to be followed in order for something to be legal. It is not wrong to have a tribunal neither is it wrong for the concerned judges to seek judicial review.It is also not wrong for the Justice Minister to ask the Attorney General or his assistant the Solicitor General to appeal on behalf of the govt or State the fact is it has to be done using the laid down procedures. Even wherever you are,if you are denied a visa,there are laid down procedures which immigration officers follow,they cannot just refuse your visa and bundle you on a plane,you too have rights to seek judicial review & appeal against immigration if you think they erred.
The other error is that the tribunal has been constituted because the presidents’ friends are not happy with how judges carry out their work.
Planzo you make me sadder, if not saddest. You are the one who indeed need to go to night school there in America, pulizzzi twapapata just pick up 4 jobs if you can even manage become a pimp and take yourself to school. You have already concluded that the judges are corrupt, just because mmebe says so; i hope you will testify at the tribunal so that you can name some more judges. We are tired of the Post sing song of who is corrupt and not but no evidence. Let the judges exhaust their right to be heard in the Zambian jurisdiction and then the tribunal shall proceed. I bet you they will not run away. But the ToR of the tribunal are useless to say the least. So does that mean that if i a group of people point a finger to whoever judge there shall be a tribunal? Let Saizi clear this picture
Is this the same Zulu who produced a useless report some time back? For sure it could be him. Let us wait and see which way the case will go considering the amount of executive interference starting from having the case withdrawn. Zulu just work on the report and go present it to our president in time before you are replaced yourself with a suitable name.
i am tempted to agree with # 29 and disagree with # 52 planzo simply on the fact that the minister has quoted a piece of law and yet none of the bloggers has quoted any piece of Zambian law to prove him wrong. Most bloggers here are being emotion and shooting from the hip. i would have expected # 43 to quote for us which part of the constitution is implying # 39 the provisions of the law are such that an injuction may not be granted agaist the state
Unfortunately, Zulu is right this time around, tribunal nkoili sunu, atubele kabotu in our filthy offices banene
May I submit that due process has two limbs in this case, the limb that empowers the President and the limb that gives the process by which the power will be exercised.The question of the President’s power is not in dispute, it is the process he used which prima facie seems unfair. If the Presiden truly believes in the rule of law and stands by his actions being above board, there’s no need to panic about the accused’s action in seeking the courts scrutiny. If not then there is cause for concern. Unfortunately,the tribunal’s terms of reference do not provide for an enquiry into the procedural questions raised by the Judges. For those with the luxury to wait and see the tribunal’s outcome it is simple to wait – for the accused it may not be that simple.
#52 – reading between line and with my personal experience, the judicial system is fundamentally corrupt and widening the net would be impossible. Therefore the president is setting the scene with the most corrupt of judges as an example. Whether or not the post or Nchinto are implicated, the tribunal should go ahead. It is indeed disappointing that Zambians are sympathisng with these corrupt judges. People should rally for Sata as his intentions are clearly there to cleanse Zambia of corruption. This is the time as this corrupt bastar dds may soon be too powerful than the govt and we will then be sorry for ourselves. We all know that USA is one of the most democratic countries but when the intergrity of the nation is at stake the law is out of the window – Guantanamo a case in point
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 for inability as aforesaid or for misbehaviour.
(4) Where a tribunal appointed under clause (3) advises the President that a judge of the Supreme Court or of the High Court ought to be removed from office for inability, or incompetence or for misbehaviour, the President shall remove such j
But Ukwa as usual was operating in reverse. suspended judges first then setup tribunal.
You are right ba Kasonde but where was the learned AG to advise the Government of the Republic?
To add to what @64 Kasonde has quoted
(5) If the question of removing a judge of the Supreme Court or of the High Court from office has been referred to a tribunal under clause (3), the President may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought to be removed from office.
# 65 ba kasonde, the tribunal was never set up to remove the judges, rather to investigate un professional conduct. you are the one jumping the gun. its supposed to be tribunal then recommedation to the president. please my learned friend dont mislead your self. you have all the facts but not in the right order
Judicial review findings will tell us therefore whether the president followed procedure or not. If he did not follow procedure the court will order him to do so and then we are back to square one. if he is a law abiding citizen he shall follow procedure and Chikopa’s tribunal will resume its sittings. The judges will be subjected to the tribunal and Sata will have the last laugh.
@68 you are right. alot of Zambians are confusing the tribunal as one set up to remove the judges. if the president wanted to remove the judges he would have just retired them without any questions asked since he is the appointing authority
The tribunal has been tasked to investigate the incompetence or misbehaviour of the judges in question. The powers under which this has been done are outlined under article 98 of the constitution to which Kasonde has simply pasted for us to read. Dont call us names please i urge you to read article 98 (2) (3) (4) and (5) of the constitution.
#63 Amayama,
What you can’t see is that, in this, the president is not interested in the plight of Zambians, not even the three judges. His main focus is to award Mmembe and Nchito of their role in his campaign and subsquent election. Also to use the same case to award or pay off his Malawian lawyer who helped him in his deportation case in Malawi.
I tell you that many Zambians are very easy to cheat, this is why whites found it very easy to colonise Africa and they have continued to manipulate many african countries.
We have always believed that THINKING is a waste of time – we simply need our time to dance, clap and lough, why waste precious time thinking!! This mentality has created much opportunity for foreigners to manipulate african countries, and even for some local leaders.
You are very right about us being easily cheated. Kasonde has copied and pasted article 98 from the constitution and people are calling him names. They refuse to accept whats in black and white. It is really SAD that we are easily manipulated.
Wise,you are right.Zambians are easy to cheat,AND YOU ARE ON OF THEM
@68 read the entire article 98 of the constitution. The judges are being tried for incompetence or misbehaviour if you recall from the TORs of the tribunal.
Am shocked at the utterances of our supposed “Legal Affairs MInister”! Even a terrorised Ziale Student such as myself would know that a party that applys for Judicial Review is entitled to ‘a relief of stay of proceedings’ once leave for Judicial Review has been granted. Ba Sata you are surrounded by sub standard legal affairs minister who will run you into problems. Bwana Shonga and Silwamba are state of the art “legal procedure’ counsels who will seriously embarrass Bo Zulu!
Why are the judges paniking really? Have they done something which they dont want be revealed? Why are they so restless and stangering in their maneuvres? I now support the tribunal..let it go on so we know what has been going on in the back.
Silence in the court. The judge is dead. A prisoner farted and blew off his head :)
Playground stuff. It will all work out but you’re welcome to raise your blood pressures if it makes you feel better. Like it or not this is a spectator sport. For now. Cheerleaders to the left, band to the right. Game on.
Oh LT. That is sweet. Another virtual bottle of champagne for Tom but Jerry’s got game :)
HOPE THIS WILL HELP UNDERSTAND.
SEE THE CASE OF KABIMBA VS THE ATTORNEY GENERAL AND LUSAKA CITY COUNCIL 1995/1997. ZR. 152
Ever read the definition of a banana Republic?We are surely heading there.Judge Chisanga is right.Sata jumped the gun.Their procedures within the judiciary to deal with incompetence and other vices in what is called self cleansing.My President should know the THREE arms of government,The executive,Judiciary and Legislature.There are rules unless its a DICTATORSHIP!!GOD BLESS ZAMBIA.
The only person who has talked sense on this blogg is WISE, This whole thing is meant to benefit a few individuals , and all of you cant see. Balemibila mulemona. Some of you used to read James Hardley Chase, and this is what is happening. Instil a fear in them , then steal from them.
Whether the Constitution was followed or not is a question to be settled by the High Court, note SG, AG, Minister, State Advocates or even the President