SUPREME Court judge Phillip Musonda has joined two high court judges who have been granted a stay against their suspensions and the setting up of a tribunal to investigate their conduct.
Judges Charles Kajimanga and Nigel Mutuna have applied for a judicial review challenging President Michael Sata’s decision to suspend them and the setting up of the tribunal whose proceedings have been stayed. Acting Chief Justice Dennis Chirwa has granted an order to Mr Justice Musonda to join the proceedings.
Mr Justice Chirwa granted the order for joinder today in his chambers after hearing Mr Justice Musonda’s application and affidavit in support by his defence lawyer Sakwiba Sikota.
Recently, Mr Justice Musonda had issued a statement indicating that he would not challenge the President’s constitutional authority to set up a tribunal.
He was suspended along with justices Mutuna and Kajimanga but was not party to the proceedings commenced by the duo who decided to seek judicial review in the High Court.
High Court judge Fulgence Chisanga had granted the duo leave to apply for judicial review which would also act as a stay until the determination of the whole matter but the State has lodged an appeal.
“It is hereby ordered that the said judge (Musonda) be added as the third respondent to this appeal and that he be joined to the order granting leave to apply for judicial review granted.
[pullquote]“That as regards the case of DBZ VS JCN Holdings, Post Newspapers and Mutembo, I did not know that the matter existed for me to be able to conspire to transfer it as the terms of references suggested,” Mr Justice Musonda stated.[/pullquote]
“Such leave is to act as a stay of the decision to appoint a tribunal against him. His suspension from performing his duties as Supreme Court judge is also hereby stayed pending further order,” Mr Justice Chirwa said.
Mr Justice Musonda in his affidavit in support to join the proceedings, indicated that he was desirous of joining as third respondent in opposition to the State’s appeal in order to avoid multiplicity of actions.
He stated that he believed that receiving a complaint from a litigant and passing it on to his deputy, Mr Justice Kajimanga, who was in charge of Commercial list, could never be misconduct as in the now.
“That as regards the case of DBZ VS JCN Holdings, Post Newspapers and Mutembo, I did not know that the matter existed for me to be able to conspire to transfer it as the terms of references suggested,” Mr Justice Musonda stated.
He wondered how as a judge in charge he could interfered with the complainant’s cases when he did not do so in other cases way back when he was judge in charge for Lusaka, Eastern and Western provinces. He stated that he could try any matter if he wanted but he exercised that power judiciously so as not to interfere in other judges work as that could be contemptuous.
“That I pray that I be allowed to join the other two respondents in opposition into the State’s appeal as I have more than sufficient interest and the outcome has a bearing on me.
“Such proceedings should make me enjoy the stay granted to other respondents of the decision to appoint a tribunal against me and my suspension from performing my duties as judge of the Supreme Court,” he said.
He is a coward and unstable lawyer who is easily swayed by events(Ukwalola umwela…)
Typical bemba thief . untrustworthy and opportunistic . … just retire before you are fired iwe chi musonda. Nigel and Charles are damn good judges and we need more such zedians not this bemba musela kwakaba
Nagwamo ningafunte!
Ukwa with his corrupt crooks should not be allowed to distroy our beloved country. We need to stop Sata, MMembe, Nchitos etc from auctioning our country.
kacikala who are you?who can in this country vote for you and your stupid clan/tribe ?
bustard!
mafii respect the president kabwa iwe
don’t be a coward kayombo,you are some of those people who upto now can’t accept that sata is president.change has come and it has come for real.no matter what these corrupt judges do,the judiciary will be cleaned and sata will do that.stop going on the net just to write rubbish,things that have no substance.find something to do.you are the same people who were eating with rb,your time is up and it is not coming back.
Musonda that is the way to go, dont be easily intimidated by these grade 5 drp out president & homos. Please stand up for your rights, Zambia will support you. Meanwhile, Ukwa’s days in state house are numbered. Viva HH for 2016, the president for ALL forward thinking Zambians.
I will continue sleeping intil 2016 when all the danderheads will be kicked out of the gvnmt. Fighting corruption with the left hand but ambracing it with the right hand.. This government will be the most corrupt, useless, backward economic growth etc ever. Indeed let us try someone else come 2016 & now understand why the post news paper hurts HH so much & probably HH would be the man to deliver Zambia from this mess. Come the next general election i will think twice who to give my precious vote not what happened in 2011, what a weste!
Typical of Bembas. Isnt it?
Whats wrong with some of you chaps. Musonda is not necessarily bemba, could be kaonde or just any other part of the country. It doesnt matter. Issue hear is why this guilty (yes guilty!) judge joined now and not before.
Please stop the prejudice and stereotype against bembas or any bemba sounding names. Its just not good for the wellbeing of the country.
Bembas did not impose themselves to be majority of the Zambian population
Gore has a point, this is bemba behaviour; a general lack of principles, epela!
Ati ubomba mwibala alya mwibala! Corruption and not hard work is inculcated in Bemba brains even from their culture. Atase!!!
anyway,Bemba is LIKE English it is spoken in main land !
Its a currency/medium of exchange!
Your tribe is just a small thing!
Ukafwa nashoko
Normal stupid acceptable bemba behaviour – thiefs, unprincipled and sell outs and for women – bitching!
Bembas without any shed of doubt are the most sociable people in the country who can live with almost any other tribe. No wonder they are more easily acceptable in most parts of the country.
People can say whatever they want about the bemba people but we will just take it like anointing oil, without any grudges and move on… This rare attribute is what lacks in other tribes
Talk of other tribes like……. God forbid they come into power, that will mark the end of peaceful and beautiful Zambia as we know it.
I wonder why he did not join the others from the beginning. Maybe he was waiting to see which way the wind was blowing.
LOL! You all will be shocked when you learn of the corruption in the Judiciary. Lets just say Sata will be vindicated and will most certainly have the last laugh.
Judge Musonda: I expected this, now don’t overplay it … don’t forget that the President erred on firing without JCA’s approval but not on the appointment of the tribunal. The circus continues, next!
correct,spot on.people think that the opposition are against the tribunal and yet they just want procedure to be followed.Then tribunal can go ahead.
The problem with Judge Musonda were the lawyers he first engaged.PF chaps!! wrongly advised him to get sympathy from Sata and nail Kajimanga and Mutuna.Kapumpa!
agreed . typical bemba
He had engaged a useless white haired administrative bemba lawyer – who has never won a case
spot …..on…
This coward has just joined when it looks good. The only consolation I get he brings to the table a seasoned lawyer in Sac Sikota. The other plaintiff’s also have good lawyers. This whole Saga makes good material for a great book. Some of you young journalists should take advantage of this and make something out of yourselves. If I wasn’t too busy doing what it is I do over here in the States, I would have loved to write this book. Just interview all the players involved, keep truck of all the material in the media including the post. Do some investigative research and you can make a great book. Perhaps some can suggest some titles to this saga. Good luck!!
Musonda didn’t want to go to court to challenge his dismissal because Sata is his tribesman, but now he has realised he must lose out. That is just how tightly Bembas support each other blindly to the point of dying for your tribesman even when you are dying unjustly. The other 2 Justices should not include Musonda on their affidavit. He has probably been sent to come and destroy the whole case. Look at all the Bemba-led NGOs that used to criticise Mwanawasa and RB, almost insulting them every day for mistakes that are too small compared to what Sata and his PF govt have blundered so far…where are those NGOs? They have gone to eat with Sata. We know the game being played. They will re-surface the moment another tribe takes over as president of Zambia. Please don’t include Musonda!
Musonda is most corrupt of the three and he has just seen that what the other two did could save his ass. He KNEW why he never challenged Sata. All of you supporting this corrupt judiciary will surely get shocked. patience pays. sata may have erred in procedure but you and I know that procedure can get in the way sometimes, doesnt make the judiciary angels. Your UKWA will surely have the last laugh, watch this space. he’s not as some as dull as some of u think. He’s a sharp guy, just wait and see….I am watching.
Ugly looking judge.
lunatics govmt shame on u afta so much supporting u.Gvmt controlled by HOMOS mmembe,mutembo,malila,Ukwa and thieves worst gvt indeed
Countrymen, let us continue praying for our President as his decisions affect all of us. The stress of the office and the urgent need to show results may be too much for any man to bear.
By the time PF finishes its mandate, many haters of the president ll ve long died of Bp and stress related ailments. The president is trying very hard to correct the rot left by rb yet brats criticise for no reason. Why do u hh brats and rb corrupt chaps cant keep yo loose mouths shut.
Unfortunately i can’t comment now on this sad chap as we have a 4 day bank holiday over here, and i’m mountain biking at the moment till Wednesday!
coward
“That I pray that I be allowed to join the other two respondents in opposition into the State’s appeal as I have more than sufficient interest and the outcome has a bearing on me.”
Musonda will shift camp at any given opportunity when the carrot is dangled in his face…ugly face at that!He should elect which side is with because his behaviour may make him fart and we will all know how smelly he is!
I wonder how he used to pass judgement in court.
Coward!…
I hate the tribalism tag. Who is not tribal in Zambia? Its like monkeys pointing at each other’s backs and laughing at each other. All of us are tribalistic. Its natural. It starts with families, each one belongs to his family and has allegiency to it. Next comes his village, compound, township, town, city, district, province, country, continent, and let alon the world. Those who go to the moon always to come back to mother earth. Why this belonging feeling? Look at football and other sports clubs, its all tribal. No one is tribeless. You shallow mind, you keep pointing at other people as tribalist when indeed you too are. What a cheat, pretender. Acknowledge it, we are all tribalists.
Good evening
These lawyers continue to amaze me.
They will advise you that going back and forth is not the best thing to do and yet what do they do?
I can’t wait to see the last man laughing…
The saddest thing about issues at law is that most people have a tendency to clusters a myriad of them into one thing hoping for our desired results. That’s the mistake the President’s legal team made when they started executing on this issue of corrupt judges. Each issue is independently separate. For instance, while the firing should be handled after JCA recommendations, the tribunal was appointed rightly, the $14b is not a Mmembe/Nchito issue (as much as I hate to say this) but Zambian Airways and then corruption in the judiciary as another. You have 4 different things here and without delineating each of them and applying the right laws to each, you have procedural impropriety. The quest maybe noble but the route maybe wrong, and results discombobulated … God help us all.
#19 FLYOD CHITALU – your tribal analogies are extremely unsophisticated and your comment is not worth even responding to in full. It just confirms my arguments again. Where I come from we do not support your brother for s.h.i.t.t.i.n.g in the borehole where you tap your drinking water from just because he is your brother. So stop generalising.
Whether you like it or not, tribalism is every where you. Sometimes you can just pretend, but tribalism is real. No one needs to support it, it is just there naturally. You can not change tribalism for something different. It will forever be tribalism. Unless you don’t come from a tribe, but even half-casts claim a tribe. If you want keep pretending but I tell you, tribalism will never end in the world not even in Zambia.
Floyd Chitalu – you are nothing but another bemba tribalist supporting sata and judge musonda. just like fr bwalya, musa mwenye, lifuka et al – blind kawalala’s ba mambala imwe
Kadansa, I am not nothing. Nothing means there no matter at all, like a black hole in the gallaxy, don’t know if you understand that. If in the air there are matters, how dare you say I am nothing? Are thinking properly or you are lunatic, this time you don’t know that I am a person just like you. Give respect to others to deserve yours. I can even give you a job if you don’t have one. Not all what glitters is gold. In my dullness as you think, can be your very master.
The Zambian judiciary is rotten to the core. No matter what you do to conceal the truth about the rot, Zambians will soon know it. RB and his corrupt regime really turned Zambian judiciary into citadel of corruption.
iwe ka Josias u are not an authority on this matter and u could be Fred Mmembe . . . .You will hit a stone wall.. just wait.
Yaba! I even miss GK (George Kunda)
While all this is taking place , Chikopo is enjoying his mosi at pamodzi.
that would be okey if its were on his own bill, but as Zambuan taxpayers we are all aking the *****’s tab.
Na maule. . .
bwafya
Sakwiba Sikota is busy mwee…
Men and women of integrity adorned in long robes dispensing justice without partiality will never at any time fear the executive arm of Govt. From the way Judge Chisanga argued in her last ruling, one is left wondering as to what will this tribunal un earth if it is allowed to take place. It is a sad development, when, what is supposed to be the vehicle of democratic principles is compromised by men and women who lack moral/judgemental integrity whose only preoccupation is to serve their selfish interest. It is also sad, whenever an investigation is been launched, people start using tribal overtones. I believe tribal or not tribal, all forms of vices should be treated as such and dealt with according to the dictates of the law. They should face the tribunal if they have nothing to hide.
correct
What is that in the picture mwebantu? Was he in a theatrical production playing a Quacker witch?
THERE IS DEFINITELY SOMETHING WRONG SOMEWHERE, JUDGE MUSONDA FIRST HE SAYS HE WILL NOT CHALLENGE THE IDEA OF THE TRIBUNAL, THEN HE ASKS TO BE RETIRED THAT DOESN’T WORK HE’S PURPORTED TO HAVE VISITED THE PRISON AND NOW JOINS THE FRIENDS TO CHALLENGE THE TRIBUNAL. SOME JUDGES SELECTIVELY SHAKE PEOPLE’S HANDS.ONE WONDERS, ARE THERE ANY MORALS IN OUR JUDICIARY? CAN SOMEONE EVER GET A FAIR TRIAL FROM SUCH A SYSTEM. – FOOD FOR THOUGHT
the picture is scaring
Picture iletinya mwebantu.. Does it justify the corruption in that man??
If busy = rich then Sakwiba Sikota will be the richest lawyer in Zambia. We have so many of these learned and experienced colleagues called lawyers in Zambia. Can someone tell me why everyone is going for Sakwiba.
a good constitutional lawyer . . . you can try Wynter Kabimba and see what will happen
There are plenty high flying constitutional lawyers in Zambia…Why Sakwiba?..He is cheap to hire I guess….
Lol! Bemba is like English! No my dear bemba is bemba! It has not contributed anything to the English language!
I have never heard of this man. The judicial system in Zambia is compromised in all honest
Thanks
This is agony for Ukwa, leaving the country the same day Phillip Musonda joins the other two judges in the stay against their suspensions and the setting up of a tribunal to investigate their conduct, only to arrive in London for the Queen’s diamond jubilee to find the Litunga of Barotseland already there for the function and sitting at the high table as opposed to Ukwa’s rear one. Mwati mutima wa Ukwa uza pulumuka uno umwaka, awe sure ni uphill mother of all battles.
B R Mumb. Sr. the statement;The quest maybe noble but the route maybe wrong, and results discombobulated.
I feel there was nothing noble with the approach or intention for the sole simple reason that this whole issue came about as a result of M’membe and Nchilto complaining to the head of state, purely due to their self percieved status in the country which is that they’re ‘untouchable’ . M’membe is under the inlusion that all Zambian supports him and they have a favour to do for him. M’membe he thinks being a friend to the president he has the country and its people in his pocket, I bet he is slowly but surely releaszing how wrong he was and he is.
Mushota & Nubian Princess, for men the uglier the sweeter in all respects. Try it you wont regret. I am handsome and women want to get me all the time but the moment they get into serious business with me they quickly realise how unpleasant I am.
#36 waba amafi ukunuka pantweno yobe .respect the president chikala iwe.
kanyakula – another bitter bemba thief i suppose. why such bitterness
sorry brother #36 i meant #38
You can go hang ! go to hell . Think first you bemba fool
This is typical of Bembas am told they always wait for the right time to strike or rather big chancers proper muselela kwakabas .Nigel and Charles are real judges who know the law proper and can not be intimidated by cheap and dull Satana.
@ Chitapi-meno-ngwe-mutu says my tribal analogies are extremely unsophisticated and my comment is not worth even responding to in full. Well tribalism itself is not sophisticated as you think. It is merely the feeling of belonging. Tribalism is every where you go. Sometimes you can just pretend, but tribalism is real, no one needs to strive to support it, it is just there naturally. You can not change tribalism for something different. It will forever be tribalism. Unless you don’t come from a tribe, but even half-casts claim a tribe. If you want keep pretending but I tell you, tribalism will never end in the whole world, not even in Zambia as long as human life continues, we belong to our tribe.
iwe ka chikamba ka floyd your comments sound so dull . . .go back to school you grade 7
Going back to school or not the fact still remains a fact. Tribalism is tribalism. Whether you insult me or say whatever you want to say but people belong to tribes. Lets go local: Chluba, Mwanawasa, Banda and now Sata, tell me which one among these was not called a tribalist, having close relatives near him or have tribal mates in his circles, which one of them? The problem is people like talking about issues as if they are in a virtual world. I am calling a pade a spade but you want to call a spade with a different name. What is wrong with truths? Why do many people want to hide from truth? You take smoke leaving behind the fire. Look at HH, check those around him, why those. Tribes are there and people belong to tribes is that true or not? Why pretend to hide an open truth?
Look at you, you even fail to name yourselves your actual names. You keep hiding, why Its a sign that you don’t think properly, you a in constant fear. I fear no one. Floyd Chitalu is my name, I won’t change. Why hide names and insult other people when you can just discuss simple issues like tribalism. This is a simple term describing people’s feel for kinship. Can you insult someone for just adding a discussion on a very basic, simple and straight forward term, tribalism! If you think am a grade one at school, you will be surprised. Just discuss tribalism, when we discuss it we become aware of thought of other people, sophisticated or not. But why hide your name when making a contribution? Do you doubt yourself? I want to be myself, known by my name. Who is next to be called tribalist?
Does anyone expect our judiciary to operate effectively under the current Chief Justice? All judges operate under him, the man who refused to shake the President’s hand at a funeral before 2011 elections. Most of these judges think like the CJ, hence will never be fair in their judgements. If they were clean, they would have just allowed the tribunal to work and clear them. What are they fearing? Oyopanji a mambala? Only time will tell. I strongly feel, Sata is pushing in the right direction.
Leave the CJ alone you ***** . . .The man is retiring in two months time and what do you want him to do. – to resign. what has he done or not done. Nothing. Only a fool like u would do so. infact justice Denis Chirwa is Acting CJ – meaning most likely CJ Sakala is on leave until he retires. . . . No need to flog a dead horse !
Latest from UK. Mr Sata was recently in Angola where it is reliably stated that he acted like a lunatic before other heads of state over Mugabe of Zimbabwe’s forth coming elections instigated by Mugabe. All other heads of states were of the view that Mugabe considers steping down. Sata, a loner began to shout in the conference like a bus station call boy. Pamberi ne Chimunenga!, pamberi jongwe! in support of ZANU party of Mugabe. The stunned delegates were speechless and ashamed of the Zambian head of state. This has promted Zimbabweans in Europe and UK in particular to protest against the visit of president Sata to UK. As I blog now placards are reading ‘ Away with Sata the DICTATOR ally of Mugabe. This is at the Zambian Embassy where Zimbabweans have obtained protest permit to display.
East or West; right move by Judge. But first fire kapumpa your low-yer. He’s yousless
“He (Judge Musonda) stated that he believed that receiving a complaint from a litigant and passing it on to his deputy, Mr Justice Kajimanga, who was in charge of Commercial list, could never be misconduct as in the now”. That is the positive thing that this Judge Musonda brought to the case of Mmembe and Co. vs DBZ K14billion debt. If it wasn’t for Judge Musonda those white collar criminals would have gotten away with K14billion without us knowing what was happening. The wooden guy is certainly more deserving of a tribunal than his colleagues.
Mumba Kapumpa = PF is as useless as Wynter Kabimba. It tells a story why this Judge Musonda initially settled for a useless bemba laywer
#47 Don’t Kutina, it looks like Kapumba has already been discarded and replaced by Sakwiba Sikota, otherwise Judge Musonda would not have joined his colleagues.
It is of grave concern to read commentaries on visits by our head of state to other countries especially our neighbouring states. At first it was Malawi, then Botswana, Zimbabwe, SA now we hear in Angola during the SADIC head of states conference. One of the vexing issues of SADIC is to resolve the Zimbabwean stalement of the ineffective coalition Zanu/MDC government. However, more worrisome are the repurcasions of Mr Sata’s conduct that has brought disrespect and dent to our country of protests against Zambian leader by Zimbabweans in UK. The president need to be mindful of the Zambian reputation being put at risk, especially in UK where many foreigners have come for the Queen’s jubilee. This will paint a bad picture of us Zambians here and the country.
Days count while people continue to cheat themselves. Yes, VIVA Zambia, the fact remains with you, for our future. Who will rule you, Zambia, after 2016 is there but not the way some people think and cheat themselves.
President Sata is yet to perform in a grand mannar for all to see in one of these international meetings. Mushebwa ayile ****** Kubuko.
Why is Kadansa ever calling other people, nothing, useless, *****s, bakabolala and what have you…! Are you really a very clever and wise man or woman? Try to examine yourself thoroughly. We are all equal in God’s eyes. The UN convention of Human rights also alludes to the fact that we are all equal. Why are you Kadansa only hell bent at calling other people all the terrible discriptions? It does not pay well my dear country man/woman. Is it for politics or whats the point? I am not a politician and not a cadre, but only a sympathizer with progressive Zambians who mean well for the country’s development. Is that the reason Kadanza you should call me all sorts of names? Anyway the fact that you hide your name tells a lot about a character like you. You even fear your own shadow.
RB was called kamwendo but him has travelled to 4 countries within the shortest period mind we are told 1 trip costs 5 billion kwacha plse opposition where are u ?
And he was called Umozi Kumaba. and those before him were called tribalists, remember the Mbala Mafia, Lenje group, Tongastan, Barotse sessesionists, Tumbuka bulls. Just like Chiluba, Mwanawasa, Banda, and now Sata, the song was tribalism its is a second national anthem. Who ever will kill tribalism in Zambia will be a supperstar. History repeats itself. What goes around comes around. They try to run away from it, make others shut up, creat tensions in the nation, tribalism is a popular song. They all sing and dance it. No one is above it. Make it popular even when its is already popular. Talk about and see the way they react, some of them stupidly with no thinking about and they want others not to talk about. I feel I should write a book about it, it can earn me alot of money, Tribalism,
It had to take some Lozi man to pump some sense into this senseless Bemba judge. Typical; all he could think of is to bootlick his tribesmate. And he is supposed to be the senior most among the three.
There you go Mimi. Tribal. It never ends. During my teacher training I learnt about ETHNOCENTRISM: the judging of another culture solely by the values and standards of one’s own culture: language, behavior, customs, and religion. and XENOCENTRIC: oriented toward or preferring a culture other than one’s own. Tribalism in imbeded in there. It is your feeling of kinship as a Lozi which makes you think like that. Other tribes think the same. You help yourself not to think in terms of tribes. There are clever chaps in Bemba land just like there are in Lozi land. Even in Western Province some are cleverer than you. this never ends.
She has a point bwana, the 2 other judges stuck to their guns but the bemba chap waffled. Nothing can expalain his behaviour better than the fact that he belongs to an opportunistic group.
#35 kanyengambeta, everyone is going for Sakwiba Sikota because he is a smart person, not just as a lawyer, but in the head. I know this because i spent 5 years in the same class as him and even in those days one could see his intelligence, whatever his political affiliations may be.
I am sure some of our judicial officers had got used to getting away with impropriety and thought they would never be hauled over the coals. They felt protected and their privileged positions ensured a kind of ‘bubble effect’. All I can see is a legal rearguard action and the painfully slow processes of justice clunking on until people lose interest. It is interesting that the esteemed judge Musonda in his pleadings states ignorance around the procedural issues around interference with a specific case. He should know ignorance is no defence and citing a history of non-interference in other cases is a weak argument in terms of refuting the case against him.
DEC SHOULD VE ARRESTED SAKWIBA BY NOW, WHAT ARE THEY WAITING FOR.’SAKI MISUSED TAX PAYERS MONEY WHEN HE WAS GETTING ALLOWANCES AND FREE HOTEL ACCOMPANING RB ON HIS BOTCHED, FRUITLESS CAMPAIGNS IN AN ATTEMPT TO RUN FOR ELECTIONS. If that was not theft of public funds by saki, what was ist ?
Typical of Bemba chaps, no principal but stomach behaviour. Zambia is cased with them being a majority and can vote even a Lunieee
@58 Floyd Chitalu, When Bembas go tribal it is okey and not for others to do so. We are only countering what you Bembas started and now you are getting a taste of your own medicine. See how painful it feels, so enjoy it. And anyway come to think of it, what Judge Musonda has done is typical of Bembas. And by the way I am not Lozi at all.
@Soka, tribalism is now so interesting to me that I will write a book about it. I will generalize it and give a specific case of Zambian tribalism. It will be interesting to read that book with the facts, opinions for and against. Many will learn alot about this simple and yet sophisticated topic.
Judge Musonda’s earlier stand was suicidal. The whole tribunal approach was a farce. Look at its combination: a munyasaland minister recommends two manyasaland retired judges in addition he recommends another munyasaland from a foreign country to chair it. What fairness do you expect from such a tribunal?