THE Supreme Court has set July 17 this year as the appeal date of a case involving three judges who were granted a stay over their suspension and setting up of a tribunal to probe their alleged professional misconduct.
The Supreme Court would on the same day also hear another appeal case of JCN Holdings Limited, Post Newspapers Limited and Mutembo Nchito in which they were ordered to pay back K14 billion owed to the Development Bank of Zambia (DBZ).
This is according to a search conducted at the Supreme Court in Lusaka yesterday.
A panel of Supreme Court judges would also pass judgment on the same day in a petition appeal of MMD Malambo Member of Parliament Maxwell Mwale, whose seat was nullified by the High Court.
In the case of the three judges, the State appealed against Lusaka High Court Judge Fulgence Chisanga’s decision to sustain a stay of proceedings of a tribunal appointed by President Michael Sata to probe alleged misconduct of Supreme Court Judge Philip Musonda.
Others are High Court judges Charles Kajimanga and Nigel Mutuna, who had resumed their duties following a stay.
Ms Justice Chisanga’s ruling emanated from an application filed on May 17, 2012 by Solicitor General Musa Mwenye for her to set aside an ex-parte order granted to the three judges.
In dismissing the State’s application recently, the judge did not agree with Mr Mwenye that investigations to be conducted by the tribunal ought not to be stayed simply because the process was investigative in nature.
[Times of Zambia]
The biggest test on these women so far
We are watching you our senior mothers. We wanna our K14b paid please
judges who are afraid to be investigated are simply cowards hiding behind weak laws. we as a nation cannot continue to use outdated laws, such need to be completely repealed and new befitting laws implemented. we want those caught red handed defiling young ones to be denied the next chance of using their destructive weapons
Its on again…more popcons,please!
Zambia is watching, these supreme Judges are pipo that knows law, we believe in them and we hope and pray, that Justice will be done. zambia is watching………………….
Going to sleep now,its 2 am here.I call upon the most prolific bloggers of all time:MMD Chiefbootlicker,Br Mumba and Senior Citizen!
Please handle this case honestly and transparently
In the meantime is ccomrade Chikopa still chewing tax payers money or did he he go back quietly?
:-?
‘Makeveli’ – you are right; I too enjoy the contributions from the three bloggers, especially the MMD Chiefbootlicker. He is thoughtful and consistent in his views and his picture says a lot about his allegiance and identifity, though face is hidden! He was very imaginative when chosing his personality for blogging. We need such mature and informed blogging, not just rantings about nothingness; just for the sake of suporting one’s tribeman, or opposing a given tribe for that matter.
how about yourself are you just a follower, you too can be creative and imaginative instead of enjoying other bloggers’ contributions.
Let the judges be investigated. They are more liable than just making this judgement of demand for the 14 billion kwachas. That said, the 14 billion kwachas is actually monies owed and must be paid back. I would love to see the result arrived at in this order…
Mmember should have appealed in the first place than causing all this unwanted trouble on his beloved Micheal.
The supreme court will trade carefully on this one. One on the one hand if the stay against the tribunal is upheld Sata will take this as a direct challenge of his powers as president and on the other if the stay is discharged then the Judiciary is basically opening the doors for investigations into its corrupt dealing..either way heads in the judiciary should and will roll
Let justice privail.let’s support people who want to wipe out corruption.
Another Duvel & imported Zambian Cashew nuts please!!!!!
Test of integrity
Thought the K14Billion case had been withdrawn from the courts. One is never sure with CNP. Was this not the cause of the whole fracas. Meanwhile, is Chikopa still enjoying the PF slogan “more in your pockets”? Maybe anatungilapo extra pockets paka trouser kake :)
Foolish people who say the judges should be investigated yet don’t mind of what happens to the K14 billion Mumembe and Nchito defrauded us must try to rise above blind partisan support. Follow the case and how it brought about the suspension of judges and the hurried set up of tribunal all meant to protect Fred and Mutembo.
is Judge Chikopa still eating our Money. Someone tell me he has gone back to his Country.
we are not hearing any news about judge chikopo(chikopa or chidiamond) whatever you call him.
Lt any news about j chikopo ooh sory chidiamond
This is the opportunity for Zambians to see who is on the wrong side of history and a test for separation of powers between the Executive and the Judiciary. A dangerous precedent is being set – let us wait and see JULY 17, 2012!
Nkhani izo!!!!
is it not normal business practice to pay back when you borrow? What’s the issue here mwe bantu? Am i missing something?
I am suspicious of the Justices that Sata recently oiled including the new Chief Justice. Will they render fair Judgement and not be fooled by Sata’s tricks. Are they also scared of Mumembe and his Paste Newspaper. What I know is that Sata used corruption to try to shield his friends Mumembe and Nchito from the long arm of the Law. This Corruption should be punished by future Presidents even Posthumously. UNZA students would have benefited from the 14 Billion Kwacha.
Back in 1962 Skinner had explained that the meaning of “independence” (of the Judiciary) was clear by reference to the International Commission of Jurists (ICJ) New Delhi report, “such independence implies freedom from interference by the Executive or Legislative with the exercise of the judicial function, but it does not mean that the judge is entitled to act in an arbitrary manner.” (Deputy Director of Elections, JJ Skinner, in The Leader paper of Northern Rhodesia on 27/2/1962). Let the courts now decide.
A lot of people are projecting their emotions onto this judgement rather than providing sober legal arguments as to why someone should pay a loan they never signed for. Judgements should be based on Law not because you have chikonko against fred mmembe or whoever. All this talk of the judiciary needs to show integrity or independence is just code for you want them to decide to suite your emotions. If you look at the facts of the matter a shareholder who never signed for a loan is not responsible previous loans just because there was capital readjustment. the judges who decided that case need to explain how they came to their decisions
Mumembe and Nchito are the ones who should have appealed. Why did the state appeal as if they are the ones who borrowed from themselves. It’s pathetic bane it does not make any single sense to me. It’s the worst thing a government can do to appeal for people who owe it money. It just can’t work anywhere in the sane world. I am sure after the judiciary manipulation by the PF they will “win” the case. It’s really a case of back and forth like a yoyo. I rest my case!
Where is J L Chikopo in all this? Still lounging with his hommies at Pamodzi drinking cognac and on cavier at taxpayer’s expense.
M’membe time has come…….
You guys your hatred and jealous of Mmembe and Nchito will kill you. These guys did not borrow the K14 billion, it was Zambian Airways that borrowed before the company was killed by MMD under RB. The company is under receivership right now and whatever will be recovered from it’s assets will be paid to debtors that include DBZ. Unfortunately total recoveries may not sum up to 14 billion. Mmembe and Nchito LOST their investment in Zambian Airways due to the foolishness of some politicians. Instead of sympathising with them you want to crucify them! Fortunately, the law is on their side
When a LIMITED LIABILITY Company goes bankrupt, the owners will not be responsible for the debt. So let DBZ get its money from Zambian airways, not its employees and shareholders!!
No 28 you know nothing about law. Maybe you are used to kaloba where you debts are secured by oneself . No ethics economic ethis from this guy. Let me not waste my time talking about this unknowledgeable guy.
Reason being, they are celebrating their 20th anniversary celebrations