Zambian high court has on Thursday maintained its ruling to suspend a special tribunal set by President Michael Sata to probe three judges he claims acted unprofessional in the case involving a $2.7 million loan to a local airline.
This follows the ruling delivered this afternoon by High Court Judge Flugence Chisanga who dismissed the application on grounds that the application by the state was premature.
Judge Chisanga disagreed with Solicitor General Musa Mwenye’s submissions that the investigations to be conducted by the tribunal can not be stayed simply because the process is investigative in nature.
[pullquote]Judge Chisanga disagreed with Solicitor General Musa Mwenye’s submissions that the investigations to be conducted by the tribunal can not be stayed simply because the process is investigative in nature.[/pullquote]
She stated that the proposition is not correct as the investigations pertain to the removal of Judges from office and are not criminal in nature.
Judge Chisanga further stated that her firm position is that the investigations, being non-criminal in nature are amenable to be stayed.
She pointed out that it would totally defeat the course of justice not to stay the President’s decision adding that if the stay is not granted, the matter will be rendered merely academic and the applicants denied the justice they seek from the court under the proceedings.
Judge Chisanga also stated that it has not been demonstrated that the applications for judicial review by the suspended judges Charles Kajimanga and Nigel Mutuna is fundamentally misconceived and bound to fail at substantive hearing.
Justice Chisanga has also expressed concern over the attacks issued by Justice Minister Sebastian Zulu on the court without verifying the applicable law on stay of the state decisions in judicial review proceedings.
She said the conduct of Mr. Zulu whose lofty status of State Counsel has been conferred is unbecoming and demeans the status. Judge Chisanga has since granted the State leave to appeal.
Zambia’s solicitor general Musa Mwenye also told reporters at the court premises that the judge has maintained her earlier decision to suspend the special tribunal headed by Malawian judge Lovemore Chikopa.
“The judge has sustained her ruling. She has sustained her stay and we are now considering other options,” Mwenye told reporters.
The ruling by the judge also sets aside the president’s decision to suspend the judges as well as allow the tribunal to commence its sittings.
Two of the three judges appealed against the president’s decision to set the tribunal and argued that the decision by the head of state was illegal.
[pullquote]Justice Chisanga has also expressed concern over the attacks issued by Justice Minister Sebastian Zulu on the court without verifying the applicable law on stay of the state decisions in judicial review proceedings.[/pullquote]
There was a heavy presence of police at the court premises as the envisaged confusion following the ruling.
Meanwhile, President Michael Sata today held a closed-door meeting at State House with a selected number of Supreme Court and High Court judges from across the country after they requested to meet with him.
The adjudicators who were led by acting Deputy Chief Justice Dennis Chirwa appreciated the President’s gesture to grant them an audience.
During the meeting, President Sata, who was flanked by the Minister of Justice Sebastian Zulu, Attorney General Mumba Malila, Solicitor General Musa Mwenya and Director of Public Prosecutions (DPP) Mutembo Nchito, stressed the need for constant dialogue and interaction between the executive and the judiciary.
[pullquote]She said the conduct of Mr. Zulu whose lofty status of State Counsel has been conferred is unbecoming and demeans the status. [/pullquote]
The meeting, which lasted for approximately one hour, was very cordial, as both parties conferred on matters of common interest concerning the challenges facing the judiciary. This is the first meeting the Head of State has held with the judiciary since assuming office.
The delegation from the judiciary comprised of justice Dennis Chirwa (acting Deputy Chief Justice), justice Lombe Chibesakunda (Supreme Court), justice Florence Mumba (Supreme Court), justice Rhoyda Kaoma (Kitwe High Court judge-in-charge), justice Munalula Lisimba (Ndola High Court judge-in-charge) and justice Jane Kabuka (Lusaka High Court judge-in-charge).
Others were justice Ernest Mukulwa-Mutiyo (Livingstone High Court judge in-charge), justice Eddie Sikazwe (Kabwe High Court judge-in-charge), justice Stephen Nyondo (Chairperson of the Industrial Relations Court), justice Mwiinde Siavwapa (Ndola), justice Isaac Chali (Kitwe) and acting director court operations Charles Kafunda.
A Judge Chikopo ndikubwereramo tsopano! Mwangotidyela ndalama kopanda kugwira nchito chifukwa ch’anzanu a Ukwa osapitilidza ku sukulu. Mwaona tu, mwangodzi leterera manyadzi chifukwa chokanga kuganidza bwino ndiku konda ma kobini a chabe.
What has education got to do with it? Inu, everything is education, education, education. If education was that great, why are educated people not doing anything to straighten out things in the country? Last time I checked Zambia had a lot of educated people. But where are they, and what the heck they doing? How come they are not winning elections? Why are they not president? Education is overrated. Wisdom, baba, wisdom. That is what we want.
Inkutu uli ndi nzelu zopotsa awa anzatu a Maano. Chifukwa cho panda nzelu angoleta upuwa wao pano. Mulungu awa chitile chifundo.
good
very good
excellent
sata na chikopo 0 zambianz 100
This obviously isn’t over.
This judgetment is great! Sata, Membe & Nchito should realise that they don’t own us! Let them just pay our K14 billion! Period!!! Judge Chisanga, you are a woman and half! This country’s history will not forget your courage amidst frustrations from Mmembe and his bunch of thieves! Bravo!!!!
Will see who is powerful between the executive and the judiciary.They seem like there is conflict between the two.
Lets see who is powerful.
I also feel that most of the Judges now serving the Judiciary are supporters of the previous MMD government and are corrupt like the MMD.
How can a Judge stop the President from doing his or her Job? Its against the Constitution and eventually we will be in a constitutional crisis very soon and it can lead to anarchy.
This issue is not over at all.
Dollar
Dollar, the President is not supposed to suspend the judges in the first place. There is a parliamentary judiciary committee which is supposed to address improprieties in that branch. This is a classic example of executive overreach and Zambia is not the only country that has found itself doing so.
koma inkuntu thats true.
Dollar please understand that in a civilised country even a president is not above the law. The president must follow due process otherwise you will end up with total anarchy.
Ukwa and his bunch of Kaponyas Vs the learned Judges. Interesting.
I really love this one. It i nice very every nice. People must learn to follow the rule of law
Interesting events pa zed! Lets set the wheels in motion now!
Is the Malawian judge still around?
And who are sata’s legal advisors?
Viva Judge….We can now ask for the following (1) Judge Chikopo go back to malawi , we dont need you here (2) 14bn Judge must be upheld (3) Mutembo must resign (4) Sata must be impeached for breaking the law. SIMPLE…i THINK WE NEED A FEMALE PRESIDENT PA ZED MWE………
I believe its not about who is powerful @future president. That is why our system has three arms in governance. these are regulatory sytems for checks and balances. Equal in unison leading the nation forward. I hope if there is reallyt a case in this matter, the excutive should just follow the legal way as demmands our constitution. In which case this is just a mere setback.
Amama ine chifundo kwa Chimwene a Chikopo! Anangobwelako chabe osa mugwirira nchito ata tsiku limodzi mdzao Ukwa. Kapena Ukwa akawakanila kuwa lipira ndalama zomwe anapangana nao, kaya ndi zingati kaya?
It is contractual, iwe! Don’t display your ignorance. Performance on the Chikopa’s part started the moment he was sworn in. It is ticking for him even as I write.
I think that shows that the Judiciary is working independently becuase if not that judge would have quashed the application from the judges. I hope something will be done to reform the Judiciary. The reforms are long overdue.
Nail the executive……It’s now LAW V the executive. Sata should now abandoned the 14BILLION DBZ TRIBUNAL and constitute ( NOT ONLY JUDICIARY) but FULL JUDICIAL SYSTEM REFORMS . Sata MUST LEAVE Mmembe-NCHITO and Company to defend themselves in Court….. plzzzzzzzzzsss. The golden rule is simple,You borrow ,simply pay back ,no corporate veils needed.Don’t waste Time and money SATA plzzzzzzzzzz
Wasn’t the airline a corporation? How does this loan get to rest on the directors’ heads? What does the Zambian corporate law say?
“Free men we stand under the flag of our land”
Na mau ndilibe, thank you Judge Fulgency Chisanga for saving our great country. Countrymen, should Zambia get into a political crisis and we need an interim President let’s look no further……
Today am proud to be Zambian. At least our system does not suck up to the President. Thank you Judge Chisanga for making us proud and walking with our heard high, indeed it is free men we stand under the flag
This is right up there with Chipolopolo winning the AFCON. Bravo. I will be smiling to myself all the way home tonight. Unbelievably brilliant outcome. I applaud the President for showing the good grace to respect the rule of law. I deeply applaud Judge Chisanga for being courageous enough to take this case never mind rule what has been a hostile government in this particular issue. I applaude Judges Kajimanga and Mutuna for comporting themselves with dignity and showing their true brass by challenging the President before the courts of law and all peace loving Zambians for respecting the rule of law.
Now the Judiciary is showing The president how indipendent they are. BRAVO Judge
‘Rule of Law’ NOT ‘Rule of Men’
Well done Judge Chisanga, Proud of you.
What exactly did the judge say, which law did she quote?
Truth prevails.The days of the wicked are numbered.Welll done judges at least you have set the precedence that the judiciary should not be intimidated by cartels
first off, i am not bemba. so all you people singing all the praises for judge chisanga, who is BEMBA if i am not mistaken, are the same people who want to paint all bembas with the same brush of lazy, thieving tribalists…. no no no, lets try to be objective and fair with everyone despite their tribe. frankly a know a lot of bembas who are simply great, hard working intelligent people and the converse is also true. this pattern also applies to ALL other tribes equally
I have never heard anyone criticise or praise a JUDGE on account of tribe. You have made history
Where is your tribal garbage coming from?? Have you read the article or any of the other comment? Who mentioned anything of the nature? You, my friend are on the wrong forum.
She is Mrs Chisanga which means that she might not be Bemba anyway but her husband. Not that it matters anyway
There had to be one to step out of line. hahahahahahaha. Shake my head.
Trial will now begin to argue on the issue.this is just a first set back but the Executive will prevail between the two arms of Government.
Dollar
you sound dull man …… you cant see the larger picture. a few more years of upgrading your academics wouldn’t be bad.
The celebration is premature since they will now go into Court to argue the Case.
i knew it congrats ma and I’ll make you a friend on face book. abash raping of the constitution
THE INDEPENDENCE OF THE JUDICIARY IN ZAMBIA IS UNQUESTIONABLE AND UNPARRALLED! WHAT JUDICIAL REFORMS DO U NEED AMAMBALA?
Is there a way Ukwa can be surcharged for Chikopo’s upkeep and transport?
Interestingly, you will flip the bill. When you hear about immunity, this is what it covers and Sata is exploring it to the end.
“The ruling by the judge also sets aside the president’s decision to suspend the judges as well as allow the tribunal to commence its sittings.”
THIS IS NOT TRUE, THE TRIBUNAL CANNOT SIT UNTIL DISPOSAL OF THE JUDICIAL REVIEW PROCEEDING AND ONLY IF IT IS IN FAVOUR OF THE STATE.
it would be wise for journalists to stick to reporting facts as opposed to offering interpretations of court decisions they do not understand
Judicciary 3- Executive- 0
Thanks Judge Chisanga for dressing down Sebastian Zulu and putting him in his place. These politics of the stomach are nauseating and such a shame for Zulu to lose his senses and go psycho just because he wants to please his appointing authority. Zambia does not need that nonsense, nether does the president. The president needs to be told the truth, especially for a justice Minister with title of SC
Ba Dollar! With all due respect please remain quiet if you don’t understand the issue here. No one is stopping the president from “doing his work” (as you put it). The big question here is whether laws were followed. Look, the president’s intentions may be good but we need him to act within the laws of the constitution, if not this will set a dangerous precedent going forward.
Mr Kapotwe,
With due respect the issue will now be argued in court on 30th May,2012.Let us wait for the final outcome of this issue.
Dollar
Yes, your point just about sums up what I’m trying to explain. I guess I was just responding to your earlier posts about the ” judiciary being MMD”, “judges preventing president from doing his job” “constitutional crisis” etc. I’m glad that now you have the confidence to allow the “corrupt judiciary” hear this case and pass judgment. Thank you.
This is obviously political. You have a president who wants to intimidate everyone, including the judiciary and diplomats. Do you really understand how the modern world works?
The post must own up and pay the 14billion.
bakalamba ba sata learn to be advised B4 it is too late for u and your family. remember not all days will be sundays for your actions. I am badly disappointed by your unreasonable ruling of this nation.
At Mutembo alibe Nchito.Wasasa iwe pa Zed ndi munzako Fred Membe or kaya uko
Can some one please advise the HE properly before its too late we love our president PLIZ..
Land mark judgement least to say.The judge has really made our country pride and aso demostrates that the judiciary is independent.Mr Sata and his friends nchito,fred membe wants to take this country for a ride.we are fully awake and shall not allow ukwa to continue abrogating our constitution.viva the opposition,shame on the post newspaper!!
ba LT u take long to process my comment. why…
**== mwati mulomfwa?
Zambia’s politics have reached an inflexion point and it is necessary that when Parliament opens on 19th June, those MPs who love Zambia and the rule of law should initiate impeachment proceedings against President Sata. Judge Chisanga, an astute and courageous Zambian, has shown us that time for turning political somersaults is over.
The biggest late-down here are the President’s Legal Team. The AG, SG, DPP and the Minister of Justice.
These are four powerful men who could not advise the State correctly. What do you think KK would have done to their positions? Unless the four can tell us that the President wanted to try out his powers, and so ignored their informed advice.
They should have told him that he is not a Headman but a President of a Republic!!
Excellent judgement from a courageous judge.she has shown that the judiciary is independent
Thanks Madam Judge for ensuring that Zambia remains for ALL Zambians. What courage!! What dignity!!!!
GIVE THAT JUDGE A BELLS…….KOMA SATA NI CHISUSHI.
Heee UKWA awe sure, except he is too mad to get embarrased. Bravo mama chisanga, I am proud of you.
Mr. HE learn to humble yourself and practice the 10 commandments you promised to deliver accordingly right in church. looking forward….
We all know how this is going to end up. The State House meeting is just a start of a divide and ruke strategy that will break the back of Ernest Sakala’s diseased arm of government. I know Ukwa can be a very catancrous old fool but on the judiciary, he is wholly right. These ancient
doodos of the bench must be taught a lesson, once and for all.
Dora is next
Parliament should look into impeaching this Ukwa. He is a big enemy of democracy in Zambia
Rather than mock the executive for what people are perceiving as a loss on their part, I celebrate the fact that we finally have a government in Zambia that will not (at least so far) influence the outcomes of cases even if they are unfavourable to them as the past govt clearly did. That being said, I still feel that many people are losing sight of the main issue, which is that of a corrupt judiciary. The status quo is not an option and something has to be done to clean the judiciary.
What are you talking about?
Democracy.
Atleast it works, not as perfect as we all would like it to work but it does work. A strong judiciary will only do good for the country.
Viav F.M.Chisanga, well done!
You learn something everyday, so Sata has been put on hold and its legit…. alot to learn still. Lawyers must be making money in zambia. cases dont stop coming. If only we had like an FBI to bring down the Mafia, that would a nice film.
Ukwa in trouble hahahahahahaa..big bum Nchito bring our money back..
Where is Mushota when you need her……
The ruling is ground-braking in our nascent democracy,so tell the players that there is separation of power in Zambia after all!
Judiciary 1,Executive 1
More popcorns,please
Mushota is still looking for me. Mushota, ive always said one day, you will come looking for me.
People are celebrating and saying the Judiciary has exercised its independence. The important question is over what? The Judiciary did not stand up to defend the poor or communities whose rights had been violated. This was a case of the Judiciary going into self preservation mode. I just wish the Judiciary was as combative when defending the rights of the citizens as it has been in defending its own rights as an institution. I am not encouraged but saddened by the selfishness of all arms of government.
True. Me too.
If the bloody judiciary is so great, why cant you hypocrites convince Henry Banda to come back and let your “great”judiciary clear him!!!
Clear him of what?
ba guy!! sata is a failure!
Mr Ukwa spending sleepless nights
TAlk about a woman of virtue God bless you.
Wow! This is remarkable. So she`s thrust a second foot up his old behind, further confounding him. This to some extent deflates Sata`s “ It`s my way or the high way” mentality. Looks like this lady is curved out of steel. This strikes a huge blow at the soul of Sata`s ego as the invincible. It exposes his vulnerabilities and gives impetus to others as well as political opponents to ferociously confront him, going forward.
Dont Kudabwa, how easily people were fooled by Ukwa.
History in making … like I said before, I like what I see. Checkmate in sight no stalemate at end-game here. Next move, please!
Time for the executive to save face….dump your alliance with Nchito and Mmembe.
Now that determination has been made, what next is there to tackle in regards to the operation of our judicial system? How is the corruption issue going to be tabled to the members of the judiciary and who is going to do it for us? If there is an establihment in place to look into these matters, let them group and start the ball rolling of investigating operations in the judiciary.
LET’S WAIT AND SEE! I’M SURE judge chisanga DIDN’T GET A BRIBE FROM GRZ LIKE BEFORE, WHERE GRZ WOULD BRIBE THE JUDGE TO GET A FAIR RULING.
“This conduct is unbecoming of a person on whom the lofty status of state counsel has been conferred and in fact demeans that eminent status. The statements were un reservedly contemptuous of the court and the fact that the matter is subjudice was no deterrent at all. Professional ethics were seemingly sacrificed on the alter of expediency. Such conduct must be condemned strongly for it is demeaning to the Legal profession. I revert to the application to discharge leave to move the court for judicial review.”
What a slap on the face for the Minister of Justice and his team … as for the sustentative application to be heard on May 30th, unless otherwise, it is very likely that the state is losing this case on technicalities of procedural impropriety. End-game in play … nice!
Judge Chisanga is not likely to rule against herself seven days from now and so the state better get ready … history in making and overall Zambia is winning again. High Court is not in favor … it maybe that the state may take this to the Supreme Court or drop it completely for a checkmate at the Tribunal because Judge Chisanga is not buying. To her Section 24 of the Judicial Code of Conduct which sets out the functions of the Judicial Complaints Authority was abrogated. To me this in itself is the biggest hurdle the state has to overcome to turn things in their favor as it would be hard to argue facts based on the President’s express constitutional powers as contained in Article 98 (3) of the Constitution of the Republic of Zambia. The system is working … I like what I see, next!
Ba prezido ba pa zed kwena chikopo. Zambians you need to move into the future. You can’t be governed by retrograde mindsets.
Our democacy is actually working. This shows the independence of our judiciary from the executive and national assembly. Those with wise minds are enjoying this drama. pop corn on me.
Mwanawakwitu:
That’s what I mean whenever I refer to our people as the smart people of the Zambian Enterprise … I have a lot of respect for an educated Zambian.
This is interesting this could show that truly our judiciary is independent or could be planned as well, possibly Sata knew the outcome and the Judge knew that if she is to give ruling in favour of the state she would actually be endangering her position and the only way is to give fair Judgement it might even give here a promotion by the state. Possibly Membe and the friends went to complain to the president and asked him to help them he knew there is nothting he can do to help them but allow the law to take its course. He decided to do something to make Membe and the friends believe that he is doing something. Mean while the Judge given the case knows that he is a no non-sense person and would not tolerate her do a bad job.The only thing she can do is deliver justice.
Slow down there Trigo! This is a simple case of the Justice minister being outsmarted by the suspended judges. In football this would be a counter-attack. Back to the drawing board he goes..
The Judiciary and the Media is independent under the Pf including the state Media such as ZNBC, Daily Mail, Times of Zambia
Well done Mama Chisanga teach these kabovas manners .By the way where is the so called EVIL SOCIETY IN ZAMBIA?I mean chaps like Lifuka,Bwalya etc no more blood money coming your way?
#15, for sure ulichipuba. Coming to this judgement, i maintain that there is no merit in dismissing the appeal. The illiterate judge seems to be fighting personal battles with the learned justice minister SZ. Am sure this is cuming from time the learned justice minister refused or dumped the illiterate judge as a girl friend/marriage. The illiterate judge sounds so emotional and trying so hard to prove a point.
#79 hahahahahaha yaba….. am a lawyer heance will leave it to those that know….but I should state its interesting turn of events
I meant am not a lawyer sorry
Zambians you are very dull why should you support corrupt judges you should be ashamed.The judges are aware that Sata has no room for such.God is watching.
You’re the dull one for missing the point. No one is supporting corrupt judges, we are protecting the laws of the land.
This ruling was expected. How could one expect the judge to admit having made a mistake in the previous ruling? She knows that she will be overruled by a higher court where more than one judge will confer. Sadly she’s showing emotion ins bringing into court what the minister of justice had said outside of court. How learned is this judge? Isn’t it hearsay? This is the main problem with our courts, where decisions are made in order to fix someone. What she forgets is that we want a clean judiciary as a Nation. Sata and Zulu represent the wishes of the people as they represent the people. Look at Liato’s sentence, 2 years? Are you taking a laugh?
This simply shows that the Executive is no longer bribing the Judiciary. Well done PF government for this
the judiciary are not above the peoples wishes we will see who the out met winner is.if presidents can be accountable how much more judges who are just servants. its only wen u have been in court and a judgment has gone unfairly against u can u understand what Micheal is trying to do. Let not petty jealousy blind us from seeing the truth.
Whatever amount of pressure from govt won’t work at this stage. The best the State can do is to accept the judgement. Sebastian Zulu should now stop washing his dirty linen in public. The president was compelled to do what he did due to poor advise from learned Councils. Minister of Justice should just resign or be relieved of his duty for gross incomptency.
Wow, this show how democratic Zambia is, Excellent we learn by Mistakes, so president has learnt something?? Sebastian Zulu is f.oolish, he did not advise the PRESIDENT. These Muzungu anikonde, should be fired. Drama at its peak?? I love Zambia, only African country you can challenge a President on wrong decision?? If Zim?? Haaaaa Judge Chisanga would be Gone??? Well done Madam.
@Progress (82) and @Mufumbwe (83) maybe bu cadre bwamifwasa imitwe. Her Justice is NOT trying to stop the CLEANSING OF THE JUDICIARY. She is fighting for order and sanity in carrying out this. Zambia is not a Jungle. There are laid down procedures on how this is to be done and UKWA better be the one to follow the procedures. PERIOD.
It is time We the people of Zambia PUT AN END to this RECKLESS unlawlessness being perpetrated by these Phoney Fellows. They think they can continue to rule this country like a Village or a Kantemba. Let us support Judge Chisanga and any person like her to restore sanity and the rule of the law. We don’t need one-man superheros to ruin our beautiful Zambia.
At least he’s better than some ECONOMIST and his UNIP style politics!!! I listen to news now and that’s more than enough GOOD for me! the rest, I work hard to make my life better dont wait on politician to put more money in my pockect like one HH, who’s counting and waiting for more more (besides the K56bn he has)
why is Ukwa meeting the judges?
READ. Judges REQUESTED to meet him NOT vice versa. Dull zambians never seize to amaze me. And we keep wondering why Zambia lags behind. Look around you dullo!!!!
Mwefipuba mwe……………when will you learn *****s?
Yes, they can enjoy their autonomy! they are r c……….t sheet! and ganging up against the good cause!!
One good thing that has come of this is that our Judiciary is now independent. And credit should go to the PF government and His Excellence the President. Imagine what the outcome would have been in previous regime? There’s now no interference in passing informed judgments. This is how it should be.
This battle is not over!! Fichili eko tuya.
Sebanya Zulu did Pre-Colonial Law hahahahaha pwahahahahaa lol
Ukwa and his bunch of Kaponyas Vs the learned Judges
@ B R Mumba, Sr no# 75.1 I trully agree with you. Educated Zambians from home to school. School only makes you learned, your home initiates the education.
Congratulations to the PF government indeed. Freedom of our three branches of governance finally has occured. Congratulation Mr. Michael C. Sata. You have liberated our minds knowingly or unknowingly. This would have never happened in the evil UNIP or MMD era. So let all be thankful.
pf Goverment 0 – UPND + OPPOSITION 10
Iam not a PF but what I’m saying is this Hon Judge has made an error how do you refer to comments made outside the court and attack the Hon Minister shame on Judiciary Zambians are watching and are in support of removing dead woods
#98, i really pit u, ”if only all wishes were horses even the begger would ride.”
Fellow blogers, what is the difference between “being independent” and “being defensive”?
Sata chikopo zulu, while Mutembo alibe Nchito!