LUSAKA High Court Judge Fulgency Chisanga has said she might consider delivering her final ruling on whether to uphold her order to prevent the Lovemore Chikopa tribunal from sitting before the set date due to the urgency of the matter.
The judge, who had set May 24 as the date for ruling after hearing submissions from the State to discharge the commencement of the judicial review proceedings as well as the response from the applicants, the two suspended judges, indicated that she realised the urgency of the matter attached to the case.
“I will reserve my ruling to May 24 but looking at the urgency of this matter, I might consider delivering it earlier and if this will be the case, then I will instruct my marshal to let the parties concerned know when. I am aware of the urgency attached to this matter,” Ms Chisanga said.
This is in a matter in which two suspended High Court judges, Nigel Mutuna and Charles Kajimanga are challenging President Michael Sata’s decision to suspend them and appointing a tribunal to investigate their alleged professional misconduct.
And the defence led by Abyudi Shonga in their response to the State’s application to discharge the stay said they would rely on the documents earlier served before court by the two applicants.
However, they emphasised that the issue which needed response was whether the decision made by the President falls under the scope of capable of being inquired into the judicial review.
“When the High Court granted a stay against the State, did it amount to an injunction or does it offend the State Proceedings Act?
“We submit that it doesn’t as the decision does not amount to an injunction, and we also submit that the law on this issue is settled,” the lawyers said.
In his response, Solicitor-General Musa Mwenye stated that the State did not submit on whether or not the court had jurisdiction to grant the applicants the order.
He said he did not see anything wrong in his submissions but that what was before the judge was whether the order for leave for judicial review should be discharged.
After hearing the oral submissions, Judge Chisanga said she had observed that Mr Mwenye did not address the issue of whether or not the leave granted amounted to an injunction.
“His silence on this matter suggests that he has no issue on the matter. That being the case the argument advanced by Mr Shonga may not be necessary at this stage,” she said.
She guided the defence to stick to matters which were on record and not to raise new issues which were not part of the proceedings.
Judge Chisanga said it was her considered opinion that the defence’s submissions on the injunction did not prejudice the State and guided Mr Shonga to leave the uncontested issues and proceed to submit on the contested matter.
[Times of Zambia]
we just want our 14 billion back thats all we need
plz dont challange the PFgovt, its better to let the case proceed without any further delay as cwe zambians wants to carry on with our daily life and we dont need to keep thinkink about all this
Thumbs up Judge! Defeat the *****s and let the Malawian catch the next flight to Lilongwe
moron
Ba Judge 24th May is too far. It took you half a day to suspend the tribunal but how come it is taking so long to definitively make a decision. Are you afraid that you might be complicated? Please let people see justice. The accused are using their technical know how to frastrate the tribunal. Given that you have demonstrated your autonomy shouldnt you rule that judges face the tribunal and clear their names? You have to side with people here I am afraid
The tribunal was set up to silence the Judges who defended the need to ensure that K14billion belonging to the Zambia people is paid back. There is nothing to clear names about that! And if they misconducted themselves in ensuring that our money is safe, then the Zambian people will no doubt forgive them. If Sata wants to cleanse the Judiciary he should start with other cases that do not involve his cohorts as the main parties.
buT BA SEBA ZULU was misleading the nation by saying with impunity that the stay amounted to an injuction…shame ba SEBA\:d/
Big Mutima,
Yes the Judge gave an injunction to the tribunal from sitting.Law is funny because of the Language which is used just to confuse the all populace.The Judge was wrong to deny the Tribunal from going ahead to find Judge Mutuna and Kajimanga guilty or not Guilty.Why are the Judges scared to face the Chikopa Tribunal? They are guilty already before they can face the Law.Shame of Judge Chisanga for failing to interpret the constitution. Time has come for clean up the judiciary.
ba lsk times why r u nt publishin my comment?
Amayama, an application for judicial review can be made within minutes and the judge can make a decision based on one party’s submission within minutes as well. However, after hearing the other side, the judge then needs to go and research the law, verify the facts/law and make a reasoned and written decision, which in such a case cant be done in one day. Let no one push her – isnt this the non-corrupt and indpt judiciary PF is looking for???
Point! nice one…..
for as long as this case is not concluded speculation will be rife and often off target. one might even be excused for thinking that this fulgence judge (what a name by the way) has something to hide as well. lets just get the case done with.
So Mwenye was directed by Zulu to threaten the Judge and tell her she is attacking Sata and the Executive’s powers but in court Mwenye does not raise that. Mwenye knows it is not true and just lies that Zulu is fabricating to confuse a layman that may not know the law too well.
Which means the judge is within her powers and rights, so why the many press conferences?
Zulu Saizi Sebastian is the dullest lawyer….!
Very Dull indeed! He will lead PF into a ditch!
JUDICIALLY CRAMBLES TO EXECUTIVE PRESSURE, no partiality when judges are appointted by the president. its hard to bite the finger what feeds u, u need a spare set of balls to do it .. sort this out in the contitution.
is her ladyship, Flugence safe this week-end from state machinery, let’s pray for her…anyways she has already sent a serious warning to Ukwa Do SA…that he is not above the law
K14billion Back Pliz.
Just like the president sign the death warrant after the law has taken it’s cause, it does not mean he can sign a death warrant for anybody even if he hates him without him being found guilty….can’t you people seeeeeeeeeeeee SEEEEEEEEEEEEEEEEEEEEEEEEEEE?????????????
Interesting to see the judge standing her grounds on this issue, interesting also to note the government presented their arguments without intimidation. this is how it should be. Thumbs up PF, you are leading the country in the right direction. Infact the president and the people of Zambia are winning this one. HH and his minions are quite why?
K14billion back please. Pay back
The tribunal that the president has set is a better vehicle to carry the judicially in the right direction.People are sick and tired of innuendos and insinuations about corruption in the judicially.Let the tribunal do it’s work without setting up potholes on it’s way.There is too much erosion of confidence in the way the judicially is executing its work.People need to know the truth.We shall not like dirt to be swept under the carpet as Zambians.
We should not have come to this embarrassing situation for the President if one Wooden judge had done the honourable thing, i.e. to declare interest and recuse himself.
Let us not waste time on useless lawsuits, what us Zambian want is a corrupt free judiciary. Not this prank we have currently..no..no..we have refused it. A judiciary that only jails poor people and those with money are set free in dubious ways??? Please judge lady let the tribunal start its work…we are tired of this corrupt judiciary.
# 15 AND A LOT OTHERS I HAVE SEEN, ITS NOT ‘JUDICIALLY’ BUT JUDICIARY.
Judge Chisanga knows she has made a grave mistake to challenge the Executive and she is regretting. Its just her pride otherwise I know by Monday she will throw out that injunction. Anyway she just tried to see if she could protect her and others from being scrutinised but she won’t manage
I am inclined to agree
fake thinking in the longest of the ebb! Satan has sent you, what mistake?
The defence are (were) not wise not to have stuck to its earlier submission but followed what was reported in the press quoting Hon Zulu.What a tragedy to the defence team you have been beaten the tribunal is yet to commence this is a good move by PF Govt. Zambians need a corrupt free society
Axiomatic … could not have said it better
SHOW ME THE MONEY!
So they failed to say the review amounted to an injunction when they went to court….insoni ba Mwenye. Anyway he decided to behave like a good lawyer unlike the waffling Seb Zulu, i hope he wont get fired though.
When is LAZ desciplining Seb Zulu for commenting on the 3 judges case?
can you imagine, everyone is quiet! it will not be long before they realise they have been cheated in voting for PF
i think our solicitor general is quiet intelligent, he did not follow blindly the call by Seb Zulu on the state proceeding act. The solicitor general is infact ahead of the defence group led by Mr Shonga. Rightly after going before submissions from both parties, Judge Fulgency has already made an informed deicision which hopefully will be delivered monday morning.By the look of things the defence misapplied the aapplication to the courts and now stand to have it thrown out and therefore paving way for tribunal to go ahead
When is LAZ punishing Zulu for commenting?
Wait a minute! Master of Ceremony Sata, sees nothing wrong surrounding himself with rotten apples; logs in his eyes and yet he only sees corruption across the aisle, isn`t this being disingenuous? Since he is not leading by example, how can his crusade against corruption be taken seriously? Singling out only certain individuals, who are probably perceived as foes, could be emblematic of ultra motives. And to Sata`s Skewed and unwavering patronizers, fact is we have seen this move before, when Chiluba took office. At the time, there were voices warning Zambians about the folly of Chiluba, but, just like today, spell-bound people acting like hired snipers short down these voices of reason.Eventually though, Zambians had it rough as our trajectory was down a “slippery slope” BE WARE!
Corruption has become part of Zambian culture. It is now the fabric of our Society, interwoven at all levels of human activity. It is institutionalized and is rampant in private companies as well as Government ministries such as Health, Education, Judiciary, Land, Defense, Home Affairs ….you name it. Culprits are suppliers, procurement officers, tender board officers, accountants, HR officers, managers, ministers, Judges , lawyers as well as clients, politicians, ACC, Electoral commission…the list is endless. To fight corruption, we need institutional and societal reforms. Piece-meal attempts won`t cut it as this is as good as glossing over the problem
I fully agree, you hit it right out of the ball park … what a home run, could not have said it better.
The first names of some of these judge sound foreign…just saying.
Musa u sold dull to me most of our first names are foreign names like Joseph, George, etc arent they foreign.
Meant judges \:d/
IF I CAN HIRE A JUDGE . . .WHY BOTHER ABOUT A LAWYER
@Musa #28, Fulgence is a rarely used English word meaning brilliance or resplendence… It has more meaning than most names you pluck and give your kids. Secondly, unless her Lordship Judge Fulgence has changed, she is standing behind the President to the far right of the two gentlemen…
It sounds this judge is under pressure and she is likely to rule in favour of the govenment..i sympathise with her!!!!!!!! ANY WAY ALL we want is 14bn…..no matter how long it takes. Someone must pay this somehow!!!!!!!!!!!!!!!!!
Which website or village do these judges shop for their first names? Lovemore, Fulgency, Ernest etc.
@ Amayama. the problem is you all have a warped idea of who the ‘people’ are. They are definitely not the PF carders. they are instead all zambians, PF or ortherwise and in this case the Law is the people. The judge will deliver her judgement in accordance with the Law, (the people) and not according to all you praise singers no mater how many you are.
Confusion of the law in Zambia, no proper direction chimbwi no plan.
Yes! she`s now acting under duress and the verdict may not come as a surprise as the powerful forces being exerted on her have become too strong too bear. To some extent though, against all odds, she has made history by defying conventional wisdom that no one can challenge the mighty president Sata`s unbridled power, let alone a lady Judge.Am left to wonder, anyhow, whether the arm-twisting used to influence her is in itself legal.
@DILDO
She`s now acting under duress?? Just yesterday you were thanking here, now you are making excuses for her, Isn’t she over 18 years old? what’s wrong with you chaps pa Zed, this was a waste of time anyway and she is wasting taxpayers money.
TOO MUCH TALKING!!
“Judge Chisanga said it was her considered opinion that the defence’s submissions on the injunction did not prejudice the State and guided Mr Shonga to leave the uncontested issues and proceed to submit on the contested matter.”
She knows fully well, if all uncontested issues became game, she would be found wanting as well … she too was misled and now discovers she is in hot soup. I said it before and I will say it once more, we are in middle-game, the elimination process is going on, soon it will be end-game when the stay is discharged the Chikopa Tribunal sits and voila l’homme it’s checkmate and not a stalemate.
@ 36 Maxwell.Am not as subjective, Servile, parochial and fawning as you are. I am of an independent mind irrespective of who happens to be at the helm of leadership. Yes, I said kudos to PF when an announcement was made regarding the latest mine opening in NWP (remember, in hindsight how KK and Chiluba ignored the potential of NWP). If a did is right, I stand to support but if it is wrong, Just like many others, I will call it what it is; again, “IF IT QUACKS IT IS A DUCK”. Unfortunately, for the most part, PF has been doing the latter. By the way, no one is talking too much here as per your insinuation but just writing (maybe you meant being prolific).Ooh! I could be wrong maybe you really are talking here on LT.
I would love to respond to this but would only do so when you done foaming from the mouth like a rabid dog…
Get rid of corrupt judges, and please , pay back the K14 b.
@20 Nazo:
Axiomatic … could not have said it better, I totally agree with you. In her own words “… to leave the uncontested issues and proceed to submit on the contested matter.” Gives her out, she was misled to grant that stay. Also, what the average citizenry doesn’t realize is that the Executive tends to have more information than them and their calculus is hard to counter. It is the more reason why people have to be involved in the electoral process so that they hand the Executive to people with the right conscience.
Tribunal going ahead. He gave Malawi fuel and Malawian judge to head tribunal !! outcome known !!!Full stop?
#37 BR Mumba, “Judge Chisanga said it was her considered opinion that the defence’s submissions on the injunction did not prejudice the State and guided Mr Shonga to leave the uncontested issues and proceed to submit on the contested matter.” Mr Mumba, if you followed the hearing you will know that the Judge was responding to a request (or complaint) by the SG for guidance and reassuring him that the submission by the defence would not prejudice (disadvantage) the State. The learned SG understood this very well hence his wait and see. Too much expectation of court rulings in our favour is what makes us fail to accept them and then we call the judges corrupt. The correct thing is to wait for the ruling with an open mind as the learned SG has advised.
Sounds like a plan, then let’s wait and see … I bet the tribunal proceeds next week, it is all technicalities at this point. Law yena awe mwe too much calculus mu law, things can go any way and like Dennis Liwewe used to say, he blew the damn whistle too loud man, us guys with BP … thanks a trillion, Ba Commission of Jurists
Fear no evil,see no evil,speak no evil…Judge Fulgency Chisanga!
What is occuring in Zambia…I mean the fight between the Judiciary and the Executive is health for our nascent democracy.Some of us are in countries were if the President farts you can’t even raise your hand to tap your nose! … In the long run good will triumph over evil!
Viva Zambia
If a judge can give in to pressure from some sections of the public, it means there is no independence of the Judiciary. Lets wait and see.
The judge’s life has been threatened by state machinery and to cover her face she has to side with the ruling party. This was forseen but she still remains a hero in the Zambian judiciary.
The most reviled government institution in Zambia today must be the Judiciary. There is urgent for reforming it, top to bottom.
Urgent need for reforming it, top to bottom.
Fellow Zambians we appreciate that President Sata owes Fred M’membe a huge debt of gratitude for the unprecedented albeit un-journalistic way M’membe campaigned for him shamelessly BUT Ukwa must know that ruling a country goes beyond paying personal debts. Let M’membe&co just pay and everything will be ok. No need to stress Zambians with dreamt up schemes of victimization. K14 billion pliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiz
If this Judge Fulgency Chisanga is a Chingola Secondary School product of 1985( and am pretty much sure she iz coz the name iz unique and rare), then in the picture she’z behind the lady standindg nekst to RB on hiz left hand side, and not the other way round.
State is under some inllusion that the tribunal will result in the settlement of the 14billion Mmembe and Nchito owes this country through getting money using their company? Ask RB and Zamtel issue. RB though using a tribunal and judiciary will have the case crossed, did he lie to himself. Mmembe and his **** Nchito will have to pay may be tomorrow or the other day. PF you are far from being diffirent from RB led MMD and King Chilu style of ruling.
Am waiting issues to unfold. Who is corrupt? Is MCS ‘s adviser intelligent??? Let’s wait and see!!!