HIGH Court judge Annie Sharpe-Phiri has recused herself from handling the matter in which Faustin Kabwe and Aaron Chungu are challenging the Bank of Zambia’s (BoZ) decision to take over Access Financial Services and Access Leasing Limited.
This is in a case in which Mr Kabwe and Mr Chungu, directors and shareholders of the two defunct institutions, are challenging the central bank’s decision to possess the operations of the two institutions.
On January 13, 2003, BoZ formally took over possession of Access Financial Services and Access Leasing Limited for allegedly conducting business in breach of the Banking and Financial Services Act and other laws as well as engaging in unsafe and unsound practices.
Mr Kabwe and Mr Chungu, on June 26 this year, filed an affidavit in support of summons for inspection of documents.
But when the matter came up for hearing in chambers on September 10, Mrs Justice Phiri said: “In view of the fact that one of the applicants is a member of my husband’s family, I have decided to recuse myself from this matter. The matter will therefore be sent back to the judge-in-charge for re-allocation.”
She said according to the Judicial Code of Conduct, she is disqualified from adjudicating on the matter as one of the applicants is a member of her family-in-law.
Mrs Justice Phiri said she issued a notice of hearing of the matter because she wanted to notify the parties directly before taking steps of recusing herself from handling the matter.
One of the lawyers representing Mr Kabwe and Mr Chungu, John Sangwa, said he understood the court’s position and that he had no objection.
The matter has now been re-allocated to High Court judge Mubanga Kondolo.
Mr Kabwe and Mr Chungu have filed an affidavit in support of summons for inspection of documents to compel BoZ to produce documents relating to the status of the two institutions when the Central Bank took over.
The duo said the documents and other relevant materials related to the case are in the possession of BoZ.
[Zambia Daily Mail]
They are all one big family of thieves including Sata, Chikwanda and GBM.
Good decision, at least we still have people who think and want things done the proper way.
These are the judges we need, THOSE THAT UNDERSTAND & RESPECT THE JCC!!!!!
They don’t just claim that ,”THEY HAVE POWERS VESTED IN THEM!!!!!”
LT what is “execuses”? Do you mean “excuses”? Is “recuses” not the right word? English Scholars, please help.
good legal system from the justice her self
The crop of writers and their editors in Zambia is quite appalling.I can think of so many ways to rephrase this article to make it sound professional.
Zed jounos really need to wake up and write better English.Ati Mrs Justice Phiri!!Yaba
Ba Digital,
Do your research and you will find that the writer is on firm ground!
this site seems to be loosing direction in terms of the comments posted i would like to believe that each and every one of us can contribute positively towards most of these issues how ever i do understand that there are a few people who are backward and comment just for the sake of registering there ignorance on some of the issues @ joy.however thumbs up to people with legal morals
well done madam, at least you have shown them corrupt judges how it is done in such circumstances. good luck.
I thought this Kondolo chap is also related to one of the defendants through marriage, not so?
Excuse me Sir yo worship or Lordship, may i……..
Mr Digital. you are one silly moron to have blogged today. this is not an English site iwe . why dont you make proposals and suggestions. you are one of those uneducated iiidots who would want to speak english and yet you stay in those pre-colonial tin houses in Chilenje Compound
There is no way other judges would deliver fair judgement, it will all depend on their relationship with their fellow Judge Mrs. Sharpe-Phiri.
The proper term is “Recuse” not excuse
This ring of fraudsters is big and complicated to completely break. I have inferred a lot of connections from the learned judges recusing herself. She has let a lot of cats and mices out of the bag.
Digital, female High Court are correctly addressed to as ‘Madam Justice XY’ or ‘Mrs Justice YZ’. The author of the article is on firm ground.
Digital-female High Court judges are correctly addressed to as ‘Madam Justice XY’ or ‘Mrs Justice YZ’. The author of the article is on firm ground.
J. Mrs. Phiri did the right thing in comforming with the ethics of law practice. Equally if J. Kondolo has some discomfort in adminstering justice in the said matter, he will declare his stance accordingly. People lets cross the bridge when we get there!
One big network of thieves revolving in the political circles of Zambia. They will get everything they stole back with interest, want to bet ??
Why are we allowing these plunderes to walk scot free and name start insulting the Zambian people with their sutipidy claim of innocence. His theiving Csar, MHRIP Chiluba used and channelled all his corrupt acts through their tuntemba business. If this PF will give them anything thing, then forget about the fight about corruption. I hope this govt will do the right thing for the zambian people. These thugs should not even be walking the streets, they should be somewhere in chimbokaila serving terms.