Tuesday, June 18, 2024

Chikopa Tribunal to start sitting next week-Government

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ATTORNEY General Mumba Malila
ATTORNEY General Mumba Malila

Government has announced that the tribunal constituted to probe Supreme Court Judge Philip Musonda and two High Court Judges Nigel Mutuna and Charles Kajimanga is expected to start sitting next week.

Responding to a query today whether or not the Executive would heed to the advise by the Supreme Court bench of seven headed by acting Chief Justice Lombe Chibesakunda, not to proceed with the tribunal to probe alleged professional misconduct of the judges, Attorney General Mumba Malila said that the State would proceed with the tribunal as it was on firm ground to do so.

He said though the judges offered unsolicited advice not to proceed with the tribunal, the same Judges were clear on the fact that Mr Sata did not abuse his Constitutional powers when he suspended the three but that Ms Justice Chisanga had misdirected herself when she granted the trio leave to commence judicial review which also operated as a stay of the proceedings.

“Yes the tribunal will proceed. The Supreme Court judgment is very clear on the fact that the President did not abuse his Constitutional powers to suspend the three judges, so there is nothing that can stop the tribunal from setting,” he said.

“I am sure Monday or Tuesday will have a clear road map on how it will proceed,” Mr Malila said.

Mr Malila said the advice by the Supreme Court Judges in their ruling on Thursday was a mere recommendation which the Executive was free to heed to or to the contrary.

He said the majority judgment that was passed on Thursday was clear to the effect that President Michael Sata was within his powers to suspend the judges and subsequently appoint a tribunal to probe them.

60 COMMENTS

  1. Good now let the rats scatter !! they have nowhere to hide – lm sure mutuna ,musonda and kajimanga are having dihorea right now.We need to know what the hell has been going on

    • Politically this was a good decision as the opposition might have used it to create a crisis and all sort of gymnastics in parliament. Financially it’s also good as Judge Chikopa can now finish the job and earn his wages. It will be now interesting to see what evidence Fred Mmembe of The Post and the DPP Nchito have concerning the K14 billion judgement on the DBZ where allegations are that the judges connived. I hope for a thorough and unbiased speedy conclusion to Tribal so monies can be paid back.

    • betters,
      why call #1 names? He is within his rights to comment here. As a matter of fact, he is more sensible than emotional.

      By the way, what facts do you have? Please share with us.

    • Why should it be justice only when govt loses court cases? The law is very clear and this case has been handle by competent Supreme Court justices.

      You are the same people that supported RB that he was being persecuted when facts as presented in court suggest filth, unbridled corruption.

      Accept the results even if you do not agree with them…chapwa

    • you definitely sound like RB’s son or one of the three judges. Am not living in fear, only a thief lives in fear. Good work MCS. You are my man.

    • Bwana @ganja farmer, do no wrong and you will have no reason to fear anybody, including GOD!

      By the way, you will be surprised that Sata outlives many of you who always wish him death. For you are not the GIVERS or TAKERS of lives of those God has willed as his living likeness (Me, You, Sata, and everybody else). Sata is just as precious and favored in the eyes of the almighty as any one of us, including Sata’s enemies and haters.

      We can always disagree as citizens, but to go as far as wishing one another death, WOW! Sata did not do anything illegal here. He disagreed with the High Court judgment and followed the channels that underpins our Democracy (appealed) and won. At least respect that!

      And remember, what is said about spreading BAD KARMA—it has a way of boomeranging!

    • UPND from where now? We all know this process was initiated by puppet master at bwinjinfumu. It saddens me to see the president being used to settle an individual’s grievances. The whole thing should have been abandoned a long time ago, going ahead is just a way of saving face.

    • Yes man,, that why they kept that silly old cow at the top who has exceeded the use by date just to make sure she passes this case in favour on SATA,, everybody knew that ..

  2. mumba malila and your fellow witches(mmembe, nchito and satana)..your day will come also, you may seem all powerful now! but know that there were once powerful people in leadership before you who fell.. zambia is bigger than you bloody sucking witches

  3. Does Sata have power to self destruct ? If so let him use it. I know PF will self destruct once Chief Kaponya leaves office.

  4. ax avoidance, secret mining deals and financial transfers are depriving Africa of the benefits of its resources boom, ex-UN chief Kofi Annan has said.

    Firms that shift profits to lower tax jurisdictions cost Africa $38bn (£25bn) a year, says a report produced by a panel he heads.

    “Africa loses twice as much money through these loopholes as it gets from donors,” Mr Annan told the BBC.

    It was like taking food off the tables of the poor, he said.

    The Africa Progress Report is released every May – produced by a panel of 10 prominent figures, including former Nigerian President Olusegun Obasanjo and Graca Machel, the wife of South African ex-President Nelson Mandela.

    ‘Highly opaque’
    African countries needed to improve governance and the world’s richest nations should help…

  5. Let the deep intensive cleaning begin we can’t have vile thugs in our judiciary. The honeymoon is over for the three vile bent judges. Chikopa also put into consideration the time these bent chaps have wasted…

    • You really miss the point – this is not about cleaning the judiciary but about protecting the President’s friends!

      If Sata wanted to clean (or even reform) the judiciary, there are many other things he could have done by now instead of letting Chikopa sit around dong nothing at our expense.

  6. I welcome the idea of proceeding with the tribunal. Now let’s wait for some truth and finger pointing. Who has dirty hands in the judiciary?

  7. Time we have long been waiting for has finally come. upnd magots, suit yourselves because we all know that you dont mean well in most issues ego maniacs. time for your mafia judges to be striped naked. yooo, im loving this, kikikikikikikikikikikikiki

  8. If I was one of the three Judges, I would immediately resign and refuse to face this kangaroo tribunal. You do not need to be a lawyer to know what the conclusion of the tribunal will be.

    The Zambian people should just prepare for the worst when PF get the two thirds they are looking for in parliament. My views is that, the two thirds majority will be used to change the constitution to allow the PF to ran a de-facto one party state.

    Watch the space,PF will pick chose the clues to be included in the new constitution. They will use the changes to the constitution to consolidate their power.

    In short, the majority of the Zambians who did not vote for this government must immediately start mobilising for a massive vote against this government in 2016 or earlier.

    • In Zambia resignation does not exist especially in high positions. Just look at scandal-ridden ministers still hanging on like ticks! The Zambian scene is like a dog that has not been washed and has blood-sucking ticks that must be forced off before the wash!!!!

  9. only those people who are theives and the like should live in fear. Am shocked to see bloggers firmly defending theives just to push their political ambitions. What type of alternative leadership are they going to offer if they got to state house. No wonder RB went to steal big time. Wise Zambians would wait for the outcoome of the tribunal rather than pusing for the theives freedom yet the poor are everyday locked up on the similar crimes. Guys wake up and dont defend people just because someone is your uncle and supported you with stolen money. The person remians a theif and should be prosecuted. Human rights comes up when a rich person is in problems. Come on guys let us be real. These jusdges need to face the tribunal.

    • Thieves!!!! Are we talking about the same country and time frame? These three Judges did not steal any money ,what they did was use those “things “that define real MEN to pass judgement on the real thieves . Those people ( thieves, pompwes, whatever you want to call them) who think it is alright to obtain money under false pretences and then run to daddy for protection when the rightful owners of the money ( Joe and Jane Public) demand that this money be returned.
      So you get your wish and the honourable Judges face the politically motivated, revenge ridden tribunal with it’s pre-determined outcome, how will that work for you? Will it bring your , our ,money back? No!

  10. sata is, grudgingly i am saying this, a political genius
    why am i saying this? because political ignorance among zambians is at its highest peak and the genius of it is that sata recognises thisand has gone to exploit it to the fullest extent. genius!!!

  11. In life i have invariably believed that we have nothing to fear if we did nothing. To shame the govt why can’t these people prove their innocence by facing the tribunal if Mr SATA has rights to do so. Why have their been trying to block the tribunal? People remember how Judge Musonda trembled when he head the state has set the tribunal to investigate them. During the MMD era, i have heard so many people crying for Judicial reforms why now against when we have found someone (The President) to help us. Let us be real to develop this country or else we will leave it in the hands of Mafias. God bless Zambia.

    • Cow manure! So you come across a lion, you won’t fear because you didn’t do anything wrong? We have an endless supply of re.tards in Zambia. We are definitely a blessed nation in that area.

  12. Justice is at center of democracy. The bench also needed clean up. Tribunal will vindicate innocence. Impunity is your enemy, not tribunal. Delaying tactics will not help the cause of justice.

  13. Against all advice Zambians are now told Sata PF will proceed with the tribunal on the 3 judges. As mentioned in judge Lombe Chibesakunda’s judgement that allowing the tribunal not to stay as is the case now, the course of justice has totally been defeated. This raises further concern as to whether Judge Chibesakunda has any spine to stand on as a judge with independent mind. If not, she has allowed the president to breach the very law she lives, brethes and walks. To hide in ambinguous, cloudy and hanging statement of judgement is to fail to deliver justice and judicial system lets down Zambians. In fact that, explains why we are, where we are as we ignore our own laws.

    • The court ADVISED!!!!! Advice can be taken or ignored. Understand this legal position please!! And to those who are not pleased with the judgement please note that the due process of legal system has been followed up to the highest court of the land, what else do you want?

  14. Whatever the case may be, all Zambians need is their money K14 billion owed by the cartel that has further made Zambia pay a foreign judge, pay tribunal members wages and mantain Judge Chikopa at collosal sums of money meant for development. Tribunal or without it K14 billion repayment is next for Sata to demonstrate the same zeal as on setting up the tribunal to try the 3 alleged corrupt judges. As a matter of fact the entire judicial system and most lawyers who are corrupt as alleged by Mmembe need sorting out.

  15. What kind of the opo do we have in Zambia?When the ruling is not in their favour ,’there is no fairness .’When is the other way round is fairness. To me this is lunacy of the highest degree. Bravo govt!The judicially is not infallible and not sacred.

  16. For the tribunal to be the least bit credible, Government needs to explain how a judge who gladly sat by and earned over a year’s worth of per diem and salary for doing nothing at the President’s request, is in any better position to judge on “corruption” than the three individuals being investigated.

    • People please, let us not confuse a tribunal to a court. The tribunal’s terms of reference are very different from those of a court or any such institution. The President sets the terms of reference for the tribunal and it has NO powers to pass judgment on anything.

      The tribunal’s responsibilities are to only gather facts from all concerned parties, reach a conclusion, and produce a report for the President to digest. If any prosecutions or other punitive remedies are to occur after that, they are all dependent on the President’s decisions. He is the only one who has constitutional powers to chart the course of action based on the tribunal’s findings—NOBODY ELSE!

      It is never the tribunal’s privilege to “judge”. So stop lying and being paranoid about everything!

    • @Yambayamba, what exactly is your point? Chikopa is still going to give an opinion (i.e. a judgement). You honestly don’t think there is any chance (not even the appearance of a chance) that the tribunal has been compromised over the many months Chikopa has been allowed to sit in Zambia at the President’s grace being paid for nothing?

      At the very least, this demonstrates poor “judgement” of the principles involved. No matter how you want to parse the definitions, BOTH courts AND tribunals need to be (and appear to be!) credible! As you may recall, we’ve already seen the outcome of previous “independent” commissions of inquiry.

      So… I’m not sure who is “lying” as you say, but as for being paranoid, am sure that beats being docile and putting your head in the sand any day!

    • @Brave face, please if you are unsure about the parameters of a tribunal, the Zambian Constitution is readily available on the net to refresh your mind. Read it!

      As for judge Chikopa being compromised, that is simply conjecture on your part because neither you nor I have any proof or facts one way or the other. I know some Zambian can never accept anything the current President does, even if he was to bring in Jesus himself to head the tribunal, most likely we still going to have certain people (yourself included) questioning the integrity of the tribunal. And this is where the “PARANOID” part comes in.

      By the way, who exactly is the right person to head such a tribunal for you to be satisfied? Obviously if it was a Zambian judge the skepticisms would even be worse.

    • While I respect your comments, I think there is a risk of beating the original point to where it loses all resemblance to what was meant. The issue is not what the constitution says about tribunals, courts, or even the (excessive) powers of the President, but how the matter will be perceived by the public. My bet is there will now be all kinds of recriminations about Chikopa being compromised that will cast a long shadow over his work. As you say, there are many who will never accept what this President does so why make it worse? Who exactly would have been a better choice? I don’t know any names, but would suggest anyone who hasn’t made a living being the President’s benefactor (and showed better judgement than to allow himself to be used as such) would be be good start.

    • @Brave face, sorry if I misunderstood your initial comment. But my original comment was only meant to show you that “WORDS HAVE MEANING” and the “CONTEXT” in which those words are used matter. Therefore, I thought your use of the word “JUDGE” as regards to the tribunal was misplaced and misleading.

      I may have gone a bit further to try and show you that constitutionally tribunals can never pass “JUDGMENT” on any one or anything. They may make recommendations, but that’s as far as the Constitution allows. I said these things only to support my point of view, nothing more!

      As to worries about public perception, yes, it is important that things like tribunals are seen to be fair and just. But let us not forget the short history of the case we are debating here.

    • Cont…

      As to worries about public perception, yes, it is important that things like tribunals are seen to be fair and just. But let us not forget the short history of the case we are debating here. Judge Lovemore Chikopa was brought in from Malawi to exactly make the tribunal fairer and more neutral, delays that later cropped up were not Chikopa’s creation. It was as a result of our system of governance and justice. Judicial reviews and appeals are part and parcel of our legal system and any aggrieved person has the right to pursue these avenues to their logical conclusions. And that’s what happened here. So to now start, implicitly, demanding that the President should again appoint another person to head the tribunal is really being, I am sorry to say, petty!

    • Cont…

      At least give the man the benefit of the doubt. There is nothing he has done to suggest that this tribunal is compromised and will not execute its duties fairly and professionally.

      If we allow ourselves to always oppose everything this President/government does, even when we have no real reasons to, then we run the risk of going beyond health SKEPTCISM and sliding into CINISM, which is even worse. So far NOT you or anyone else has advanced any credible reasons and evidence to substantiate any of your wild accusations. So let us cool it and see how things proceed, maybe then we will have reasons to criticize the powers that be!

  17. This is just depressing.Our country faces so many issues and all our president is bent on is protecting his friends Mmembe and Nchito from facing prosecution over the K14billion.When are Zambians going to told how much has been spent on keeping Chikopa in this country.Can it also be explained how the Mmembe Nchito case is of national importance? Please Zambians, explain to the your relatives the dangers of allowing PF to have a majority seat in parliament.Please opposition pull up your socks and lobby an urgent change in by election laws in the country.Cry my beloved country

  18. the problem we have in zambia is the president appoint everyone the Chief Justice,inspector of police ,director general of acc,speaker etc this is the problem so all these appointed people they work to serve the president AND NOT the people.These institution should be independent through and through.

    • its the same almost everywhere my friend-in America the chief justice and the judges are appointed by the president together with the fbi director ,cia director etc subject to senate confirmation ofcourse

    • My prayer that I go before him….I will be at peace. Right now I am in pieces. And if he died and the next President stopped the tribunal he shall still be in pieces like he is now. No winning for him…..it is sad that you think he is happy being held at ransom. Sorry you!!!!!!!!!!!!!!

  19. We know u spoild bruts they u have already fed yo brains with negativity thru and thru so nothing good can say about what happens with this govt. This is not coz u know better but sheer hate and jearous. Dat approach will soon swollow in2 oblivion.

  20. Cry our beloved country
    Mukelabai Mukelabi was taken to a tribunal by mutembo nchito, fred mmembe and mark Chona. He was found innocent of all the Post newspaper lies. He was none the less asked to retire. He died in South Africa where he went in self imposed exile.
    We are back to a tribunal and this time against three judges by the same people!!! Mutembo, m’membe and new state counsel nchima nchito.

  21. I listened to the solicitor general Musa Mwenya the other night, I should confess I liked his attitude and his explanation on checks and balances among the three arms of gvt could not be said in a better way. I was itching for his comments on parliament’s disregard of the court injunction against it on the removal of RB’s immunity. With this ruling, I see that gvt appeal against judicial review in the manner RB’s immunity was removed to be mere worste of time. If the principle of checks and balances apply to all the three arms of gvt, why did Matibin disregard the court injunction against parliament? I wish Musa Mwenya could comment.

  22. It is expected to continue.This Gvt is de campaigning itself…By elections and now this Tribunal?????where is Lubinda,he bragged alot about PF being the best party ever.sorry

  23. The PF has so far been in charge for less than 2 years yet the amount of confusion and mismanagement is at record breaking levels and by the time they are kicked out in 2016 the country will be like a skeleton.

  24. Why would the court, after passing judgement, go on to tender advice that says they don’t think it would be good for the tribunal to go ahead? The fact of the matter then is, they didn’t think the Constituting of the tribunal was done in good faith or within what may have been envisaged by the Constitution. But because they do not want to face the venom of their master, they decide to please him by saying he used his powers constitutionally – the advice is a feeble and spineless attempt to do “a deal”.

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