Monday, May 20, 2024

Calls for Malawian Judge Lovemore Chikopa to go back are misplaced and unjustified-Kabimba

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Secretary General of the ruling Patriotic Front (PF) Wynter Kabimba
Secretary General of the ruling Patriotic Front (PF) Wynter Kabimba

Justice Minister Wynter Kabimba has said calls for Malawian Judge Lovemore Chikopa to go back to his country are misplaced and unjustified.

Mr Kabimba said those criticising Judge Chikopa’s engagement to head the tribunal to probe the conduct of three suspended judges, did not mean well for the country but portrayed cheap politicking on issues of national interest.

Mr Kabimba was reacting to Heritage Party leader, Godfrey Miyanda who said that Judge Chikopa should go back to Malawi and that his stay in the country was a cost to government.

“When the tribunal was not sitting, General Miyanda was among those that called for his return to Malawi and now that the tribunal has been given a go-ahead, he is still calling for the same thing. What does he want? It does not make sense at all,” Mr Kabimba said.

Last year, President Michael Sata suspended Supreme Court Judge Phillip Musonda, and two High Court judges, Nigel Mutuna and Charles Kajimanga over their conduct in a civil case involving, the Development Bank of Zambia as complainant, and The Post Newspapers Limited, Mutembo Nchito and JNC Holdings Limited as defendants.

The tribunal comprised, Judge Chikopa, as chairperson, and members Justices Thomas Ndhlovu and Naboth Mwanza, as well as Chipili Katunasa as secretary.

On Friday, Mr Malila when asked, 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 trio, he said the State would proceed with the tribunal as it was on firm ground to do so.

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.

Judges Musonda, Mutuna and Kajimanga had in May 2013 sought a judicial review in respect of the decision made by President Sata on April 30, 2012, to appoint a tribunal to investigate them.

Ms Justice Chisanga had stayed the proceedings after Solicitor General Musa Mwenye on May 17, 2012 filed an application asking the court to set aside an ex-parte order granted to suspended judges on May 16, 2012 for leave to apply for judicial review.

But Mr Malila was dissatisfied about Ms Justice Chisanga’s ruling and appealed against the whole ruling delivered on May 24, 2012.

43 COMMENTS

  1. If these A.S. S. Holes go ahead with the tribunal will be very unfortunate. The courts advising not to go ahead was a polite way of saying no or useless!
    Lets see Ba Sata’s IQ whether it is graduate material or constable !!
    Stay tuned……..

    • Ba kaBushi you didnt sleep well and you brain is in Hybernation mode. Advise was given and not order because the president was 100% right.
      So if your miopic mind will measure IQ on this straight forward matter then, we have to order your examination at Chainama.
      King Cobra go ahead and leave abapena ukulandauka (fr walya) in the dust

  2. Ka Kabimba , Ba Gen. Miyanda and Zambians are trying to defend and protect their own respectable 3 judges from the tong of your boss the serpent. Even you Ka Kabimba knows the truth that its was Pathetic Foolish mistake to politically call Chikopa who represented Sata when he was deported from Malawi, to come and do nothing. So embarrassing that he should go back to look for a job in Malawi, which he lost after so long absent.

    • General Miyanda is not trying to protect the judges that is your misplaced judgement which to say the least is very shallow far from appreciating the logic of General Miyanda and to be honest he understands the Zambian constitution and the laws of Zambia better than Michael Sata I can say what am saying today to the president’s face am tired of your kind talking down all right thinking minds by people like you
      The current acting chief Justice failed she fears Sata Judge Chisanga respects the constitution she is not scared of the president I have respect for her may be she should just be our next Chief Justice anyone who does not toll the president’s line is seen as a bad person that is so wrong, it was the same Former IG Dr Martin Malama

  3. Have the three Judges got anything they did wrong or not. This is the main issue. What did they do wrong? Did the head og state institute investigations for no apparent problem? Let the tribunal find what the three Judges did which was wrong. All what has happened so far is just smoke. We want to see the fire which is the source of this smoke. Are these three Judges really 100% rightious or they have a case to answer? Lets focus on this, let them prove theit innocence. Too much cover up in legal issues, difficult to trust lawyers because they can even go go a long way defending the indefensible cases, just for the sake of legal arbitration.

    • NO, my man you are wrong there! The supreme court was not deciding whether the 3 suspended judges were wrong or not. That’s the job of the JCC. The supreme court was deciding whether the president can wake up one day and decide to suspend u, me or any body he feels like/he does not like. On the other hand, the suspended judges are arguing that every organization has procedures and rules for suspending its employees, as part of the employee’s conditions of service. For judges, the constitution states that the disciplinary procedures be handled by the JCC. The judges are not resisting being referred to the JCC.

  4. Some opposition politicians have, simply said, lost their marbles. The best is to ignore any and all of their perpetual tantrums. They have no political milieu in this country, having lost any iota of infuence and impact that they may have possessed a long time ago. Now they are merely empty shells of their former self, prone only to tantrums.

  5. These games you Pathetic secretary of thugs started playing on me are no joke, I hope they will not lead to delete my presence on earth. Shinka manyela iwe swaini.

  6. Your day of reckoning is coming, wynter.

    Shine now and pray that you and your family is dead before that. We will come after you with all we can muster. London, Brussels, Buenos Aires, Aruba, we will find you like the Mossad did for the Nazi’s from the death camps. You will live like frightened rats.

  7. I am at loss as why you are reporting what this bonehead political prostitute has to say. If you realy want his “learned” opinion, ask him his opinion on dauther of Fidel Castro campaign for the rights of homosexuals. It will be fun to hear.

  8. BA MIYANDA HAS NOW BECOME A NOISE-MAKING GONG WHICH DOES NOT SIGNAL ANYTHING WHATSOEVER. AT FIRST THE ARGUMENT WAS THAT CHIKOPA WAS GETTING MONEY FOR NOTHING, HE SHOULD GO BACK TO MALAWI AND ONLY COME BACK WHEN THE TRIBUNAL STARTS TO SIT. HERE WE ARE. THE TRIBUNAL HAS NOW BEEN GIVEN A GO AHEAD. BUT STILL MR MIYANDA SAYS CHIKOPA MUST GO. THIS IS VERY UNFORTUNATE. MANY OF US ARE VERY HAPPY WITH THE SETTING UP OF THE TRIBUNAL. WE WANT THE TRUTH TO BE ESTABLISHED. THE THREE JUDGES SHOULD BE GIVEN CHANCE TO BE HEARD. NOTHING SHOULD BE SWEPT UNDER THE CARPET.

  9. The supreme court was not deciding whether the 3 suspended judges were wrong or not. That’s the job of the JCC. The supreme court was deciding whether the president can wake up one day and decide to suspend u, me or any body he feels like/he does not like. On the other hand, the suspended judges are arguing that every organization has procedures and rules for suspending its employees, as part of the employee’s conditions of service. For judges, the constitution states that the disciplinary procedures be handled by the JCC. The judges are not resisting being referred to the JCC.

  10. “It does not make sense at all,” Mr Kabimba said. Really? What is so hard for Kabimba to get?

    Government held the Malawi judge hostage for over a year, dishing out salary and per diem at the taxpayer’s expense! Over this time, many people warned this was not only unnecessary, but would compromise Chikopa’s independence. As leader of a “listening government”, Kabimba needs understand this and explain why Chikopa is still the best person to give an unbiased opinion.

    Is really it so hard for Kabimba to understand that someone like Chikopa who gladly chewed an employer’s money for doing nothing might now appear to be a poor judge of what is right and what is wrong?

    This is an important case and Zambia deserves better than to attack Miyanda and say he “doesn’t make sense”.

  11. Sata and ACTING Chief Justice Lombe Chibesakunda should not think that they are clever, their downfall will be worse off than Kadaffi of Libya.

    Sata has made Zambians suffer more than evil communist UNIP dictator Kenneth Kaunda did!

    Zambians are dying of hunger as things have been increased beyond their reach! Zambians will soon react!

    ACTING Chief Justice Lombe Chibesakunda is an evil Moron Chaimpanzee like her UGLY face. Her face is like full of water (PUFF).

    ACTING Chief Justice Lombe Chibesakunda u are a corrupt evil ugly Chimpanzee who is just fit to be in a SIX Feet PIT dug behind CHIMBOKAILA Prison.
    Enough is enough with your corrupt nonsense Sata and your evil UGLY relative
    INJUSTICE Lombe Chibesakunda.

    Is Lombe Chibesakunda suffering from lack of sex?

  12. Its difficult not to comment on this EVIL JUDGEMENT against our innocent Judges in Zambia, ACTING Chief Justice Lombe Chibesakunda is not fit to be a Judge let alone an Acting Chief Justice.

    This woman is a tribalist who is following Sata’s orders because both of them come from the same place. Sata has rewarded her relative, the former Clerk of National Assembly and this evil woman is attacking judges from inside while Fred Mmembe does the rest of the evil.

    This woman need to be struck with a lighting rod.

    I just pray that a Mwamba Luchembe type should arise among our men and women Zambian gallant soldiers, to get Evil master ritual killers Sata from State House while others take ACTING Chief Justice Lombe Chibesakunda and shoot them in front of ZNBC

  13. Kabimba Chimpanzee, u should know that u are no match for us Zambians, we will soon react, just we did to communist Dictator Kaunda and his special branch.

    Luck, Zambians who at the Red Brick wont protect your human rights abuses.

    You are Sata are ritual killers who are bent to make Zambians suffer with your price increases of fuel.

    Your plan of making Zambia as a communist country as Cuba where u went to defile your mind with dictatorial inadequacies.

    Kabimba u should know that u are a small petty man with a small mind and a small plan.

    Zambians will soon raect, no matter what u do u evil PF plunderers.

    The goodness is that, u have already committed enough crimes to send u to Kabwe Maximum where we the Zambian people will bury behind that place

  14. Kabimba you are the one is misplaced. YOUR DAYS ARE NUMBERED. TELL YOUR BOSS (MR.SATA) TO START PACKING HIS BAGS.

  15. Kabimba you are the one who is misplaced. YOUR DAYS ARE NUMBERED. TELL YOUR BOSS (MR.SATA) TO START PACKING HIS BAGS.

  16. ignore the supreme court at your own peril.isn”t Dora that ignored the advise of the AG when she was minister?i wish these guys have heard of the term “precedent”

  17. Kabimba, justice minister, my foot. Such a corrupt fellow can not stand for justice for the majority of zambians. His concept of justice is next to a toilet. He will only comment on something that benefits himself.
    How can a justice minister tolerate this nonsense of a so called judgement churned out by Chibesakunda and her ilk.

  18. Judge Chikopa must be made aware by the Zambian Tax Payers, opposition parties and all stakeholders that when a new Govt is formed he will be made to pay back all the Zambian taxpayers money and he will also be made accountable for participating in something that Zambians are strongly against meaning he should have been ethical and realize that Governments come and go but people will still be made accountable, there will be no one to protect him and the new Government will go for him in Malawi.

  19. Mmembe brought all this cost to the zambians plus the 18 billion he flaudlently got from DBZ.
    Anyway the law will soon visit this cartel together with judge chikopo.And with red lips kabimbya, he is already a prisoner. We are just waiting for Ukwa’s demise which is soon to cage this fuel subdy thief.

  20. The issue here is that this tribunal is to deliberately find the 3 judges guilty of misbehavior and avert attention from the K18 billion membe and Chitos stole from DBZ. Koma some Zambian are indeed so dull such that one nauseates when you hear how they approve of government misrule and injustices. You are killing your country if you continue approving wrong doings by those ruling you. Mr. sata, Kabimba are protecting the 3 criminals, and the judges offenses were trying to recover the plundered moneys. Pf and its government are the most corrupt people Zambia has ever had. That is why they are inducing by-elections so that they cover up for the plunder and evils they are committing.

  21. N# 7&8, it,s not only you many have seen their comments not publisised becos of reasons best known to the Editor who has become a Kabimba mentor.

  22. This Tribunal can never be impacial, the born of contention here is that the aggrieved persons here are friends of the President, who want nothing but revenge, at whose expanse, on poor Zambians who are living on less than a dolar per day! is this worth it, because two power people, the country should loose so much money in paying a foreign judge and other people involved colossal sums money in dollars, this is not fair for poor Zambians this government claims to be serving.

  23. BABA IN ZAMBIA IF YOU ARE AGRIEVED BY THE BEHAVIOUR OF A PARTICULAR JUDGE YOU ARE FREE TO COMPLAIN VIA THE JCC OR TO THE APPOINTING AUTHORITY, THE PRESIDENT. IN THIS CASE THE COMPLAINANTS CHOSE TO COMPLAIN TO THE PRESIDENT. AND IN ORDER TO INVESTIGATE THE MERITS AND DEMERITS OF THIS COMPLAINT, THE PRESIDENT CONSTITUTED THE TRIBUNAL TO INVESTIGATE THE JUDGES. BUT UPND/MMD/HP/HH/RB ETC TOOK THE MATTER TO COURT CONTENDING THAT THE PRESIDENT DOES NOT HAVE SUCH POWERS. THE JUDGE CHISANGA RULED IN THEIR FAVOUR THAT THE PRESIDENT ERRED. INCIDENTALLY THE LAW IN ZAMBIA PROVIDES THAT IF YOU ARE NOT SATISFIED WITH THE HIGH COURT RULING YOU CAN APPEAL TO THE SUPREME COURT. THE STATE APPEALED TO THE SUPREME COURT. AND THE SUPREME COURT RULED BY A MAJORITY VOTE OF 4 TO 3 …CONTINUED

    • Constitution says: Complaints are to be made to JCC, who then recommend to CJ, who in turn then recommends for Presido to call for said Tribunal. The Constitution DOESN’T ALLOW FOR COMPLAINTS TO BYPASS JCC & Go DIRECTLY TO PRESIDO AS THIS CONSTITUTES INTERFERENCE WITH THE JUDICIARY!!! PRESIDENT CAN’T BYPASS JCC – The JUDICIARY HAS INDEPENDENCE FROM THE EXECUTIVE – Just becoz we have dullards in the Attorney Generals office failing to interpret the constitution does’t mean they are on firm ground – proceed with the case & we will see who ends up with mud on their faces!!!

  24. Sometimes lies,deceit,charisma etc can make one ascend to the presidency.But to stay there long,it’s integrity that shall keep u in that office long enough.Sata(n) and the PF Government thru lis and deceit,ascended to the presidency,but they won’t stay there for long,because they lack integrity and truthfulness.This is a One-Term Government.Lies and deceit don’t keep one on top of things.Only “Useful *****s”can’t see this fundamental truth.

  25. President is just paying judge chikopa what he owes him.unfortunately he is abusing his authority by tapping from state coffers.why was judge woods exclude.the reason was has some links.sata, nchito,mmembe are linked.so there is no fair tribunal here.kangaroo court.

  26. It is quite obvious that this is a typical case of an issue with a predetermined outcome. I strongly doubt the independence and impartiality of Judge Chikopa because he was hand picked by the President himself. Any ruling other than Ukwa’s wish will be thrown out like the former Justice Minister’s report on the alleged abuses by none other than Dora Siliya. Only time will tell, but as the saying goes “What you plant today, you will reap tomorrow”.

  27. Kabimba is dull indeed by stating that now the tribunal has been allowed to go ahead. No judge or court allowed the tribunal to go ahead. Judgement by Lombe Chibesakunda was ambiguous and non commital. Contary to what Kabimba says Chibesakunda advised president Sata not to go ahead with the tribunal over the three judges because it defeats justice and boardes on constitutional issues. Where did Kabimba hear that the tribunal has been allowed. Typical of PF values through UKAKASHI it is taken that tribunal was allowed. Could this be vindication that Kabimba is the dullest lawyer ever minted in Zambia.

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