Wednesday, June 19, 2024

Supreme Court judgment on tribunal seriously erodes the confidence of the judiciary among the citizens

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ACTING Chief Justice Lombe Chibesakunda
ACTING Chief Justice Lombe Chibesakunda

The Supreme Court judgment is really ambiguous and suspicious and it seriously erodes the confidence of the judiciary among the citizens.

It also confirms the perception that our government under siege by a few individuals who think they are larger than the majority Zambians who gave Michael Chilufya Sata a job in September 2011.

President Sata seems to be answerable to these few individuals than the majority Zambians that gave him that vote he dearly wanted for the ten years he was in the opposition.

This case of Judge Lovemore Chikopa has its genesis in the DBZ Vs. JCN Holdings and the Post Newspaper.

The three judges entangled themselves in this case out of duty and delivered a judgment through Judge Nigel Mutuna.

By delivering that judgment against the “Mighty Two” the three judges burnt their fingers and smoked their professional integrity.

To fix them, a morally questionable Judge Chikopa was hastily brought in from Malawi.

[pullquote]By delivering that judgment against the “Mighty Two” the three judges burnt their fingers and smoked their professional integrity.[/pullquote]

Judge Chikopa is the Executioner of the sacrificial lambs that have to die professionally for doing their job.

Yes, they have to be sacrificed so that others can see that you don’t have to play with the big boys with connection to State house.

It reminds me of the olden days when we used to say “UNIP – Mulilo, Waikatako – Wapya!” (UNIP – is Fire, You touch it – you are burnt).

I wonder what future lies ahead for the other three Judges, Justice Mervin Mwanamwambwa, Justice Irene Muyovwe and Justice Hilda Chibomba, who disagreed with the rest of the Supreme bench in the majority judgment?

I would not be surprised if these three judges, including High Court Judge F. Chisanga,  are victimized or deployed in undesirable manner to make them pay for touching the “Big Boys” of our dearest once Man of the people, man of action H.E Michael Chilufya Sata.

The State has been very determined to sort out the three judges and this is why they have kept Judge Chikopa for so long.

They knew this would come to pass and they know Judge Chikopa will do the job he was hired for.

If anything, this man is already compromised by the fact that he was accorded five star hospitality in Hotels and luxurious villas in Zambia, eating free food, drinks and a good perk for his family back home.

Surely even if there was a genuine case to probe, can such a man be trusted to conduct a fair and independent investigation?

The Acting Chief Justice owes a lot to President Sata, otherwise she is nowhere near that office by qualification.

It’s only Sata who can keep her in an acting position for this long defying all professional advice.

Her Ladyship has passed her usefulness at the helm of our Judiciary.

[pullquote]She would have emphasized the silent law on separation of powers that a Judicial Complaint Commission is there to serve a purpose and the Executive need to respect all procedures set in disciplining erring Judges.[/pullquote]

If indeed she had anything worth being in that office for, the nation would have been granted a tribunal to probe Hon. Sylvia Masebo over the ZAWA debacle.

If Justice Chibesakunda was useful, she could have accented the independence of the Judiciary by seeing rationale in Justice Flugency Chisanga’s judgment.

She would have emphasized the silent law on separation of powers that a Judicial Complaint Commission is there to serve a purpose and the Executive need to respect all procedures set in disciplining erring Judges.

With this judgment, how is the independence of the Judiciary guaranteed and where is the separation of powers?

With the fore-going, the civil society and all well-meaning Zambians need to unite to demand for Justice in the Chikopa tribunal.

Comprehensive Judicial reforms have to be instituted starting with the removal of Justice Chibesakunda and her deputy.

CHILUFYA TAYALI
Executive Director
The Zambian Voice

12 MAY 2013

27 COMMENTS

    • I warned pipo who supported PF prior to Sept 2011, these guys have never had positive solutions to the economy, during campaigns all promises were made and the simple question pipo were not asking is ” HOW will the implementation be done”…True to my concerns then, still PF can not answer the How they will implement their promises?? I dont kn if there is anyone out there who can help me see which direction this Gvt is taking us???

  1. well written…CHILUFYA TAYALI. if i may ask, are you related to Henry Tayali? i was in same class with his son Chaswe Tayali.

  2. The courts and jails have become a place for the poor. Sata seems to be transforming himself into a god over Zambia. His days are numbered 🙁

  3. Well articulated Ba Chilufya, we all know the outcome of this tribunal as Judge Chikopa has already been compromised, he can’t bite the hand that’s feeding him!!

  4. Well said, infact, well repeated. The themes in Tayali’s article have been echoed over and over, but falling on ears of people who have lost the moral sense of judgement, for decision making purposes. Terrible situation – lack of principles by the Chikopa guy and his backers! It was clear that whatever the case, Chikopa would have to work in this so-called judicial reforms. Who knows, may be he was doing some consultation as well, in this whole reform, i.e. coming up with organisation structure, etc – after all what is reform all about?

  5. wise and balanced word of advise. Its up to the many Zambians who stand for integrity and well meaning for the country to continue denouncing and speaking out against these wrongs and injustices. Add your voices, and hopefully one day there will be more sensible voices than those with ill motives, enough to make they executive more accountable for their actions!!

  6. 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

  7. 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?

  8. Interesting how people praise their own despite him being on other side. If this very article was written by HH, we would have seen and read things like ” HH what is your suggestion? Dont just critise”. Nevertheless this is a well articulated article. Whatever has been written has been said by other people before. The only sad part is that we are advising a ROCK! No ears, No eyes and completely no soul! When thieves gather, only the righteous can break them. Since our church especially the pentecostals have decided, like always, to dine with thieves, nothing will save us.

  9. and i understand the judges who did not comment have reached retirement age and are on contract while those who gave a different view are still serving

  10. May God arise and His enemies be scattered!I advise the judges to lift up their eyes to the most high God who will look upon them with favor and answer their prayers!God hates injustice so just wait and see wat will become of Pharoh and his chariots!Those pursuing your careers will soon be swallowed up in the red sea and then you will Know He(God) reigns!Can God sit back n watch MCS blasphem that he is highly protected by muchinga witchcraft?Where has he put Him who watches over us days and nites?May the Christ who overturned the tables in the temple now walk on the zed scene just to prove that he is the same yesterday,today and forever!HE will NEVA share His glory with anybody!May The man of war now arise with His double edged sword in Jesus mighty name I pray AMEN!

  11. In the face of allegations or accusations, adults must defend themselves using appropriate means. Standing before tribunal was more honorable that creating a tribunal in a tribunal. Judges are not above law. The future will vindicate justice in Zambia. President is key player under conditions of separation of powers. It is wrong to treat president like you treat inexperienced junior government officers. Tribunal carry on.

  12. Lombe Chibesakunda and Florence Mumba are just there to carry-out Sata’s immoral acts.If u look at the judgement 4 against 3.The 2 from 4 are Lombe Chibesakunda and Florence Mumba.So in essence the 3 Judges won.Zambia needs God to intervene in this rotten justice system with Lombe Chibesakunda at the helm.

  13. 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.

  14. You will go down with BP ba Tayali. Bola panshi. The supreme court has ruled.So lets wait and see what will come out of the tribunal. Secondly if the judiciary was going to be its own judge prosecutor and defence Article 98 would not have been in the Constitution. It is there for checks on judiciary which for a long time ordinary people have complained is corrupt and has to overhauled. At least Sata/PF is making an attempt no other President/Govt has!

  15. I 100% VOTED FOR MR SATA TO COME AND SWEEP EVERYWHERE INCLUDING THE JUDICIALLY WHO THINK THEY ARE UNTOUCHEBLE. BRAVO THE S C! ACTUALLY DE PF HAS TREATED U CRIMINALS WITH KIDS GROVES.@CHISHAKA STOP RANTING WHO KNOWS, U MAYBE A PRODUCT OF CORRUPT ACTS.

  16. COMMENTING WITH IGNORANCE IS VERY DANGEROUS. SOME PEOPLE WERE SUPPORTING RB. ALL THE TIME THEY WERE WITH HIM AT THE COURT. BUT SLOWLY THEY ARE REALISING THAT THE MAN WAS NOT WHO THEY THOUGHT HE WAS. THE CORRUPT SCHEME RB DESIGNED TO STEAL VEHICLES THAT CAME FROM CHINA IS JUST A TIP OF THE ICE BERG. MORE WILL COME TO LIGHT OVER THE “OIL-GATE SCANDAL”
    THE THREE JUDGES ARE NOW IN TROUBLE. A LOT OF THE FILTH THAT WAS ALLEGEDLY HIDDEN UNDER THE CARPET WILL BE KNOWN. HEMCS HAS ACTED IN THE MOST FAIR WAY. HE HAS GIVEN THESE JUDGES A CHANCE TO BE HEARD. LET THEM TELL US THEIR SIDE OF THE STORY. AND WE WANT ALL THE DELIBERATIONS TO BE RECOREDED VERBATIN IN THE MEDIA. I THINK THAT IS THE MOST FAIR WAY. INFACT WE NEED THE INTERNATIONAL MEDIA LIKE BBC, CNN, VOM, SKY NEWS TO ALSO COVER THE HEARINS.

  17. COMMENTING WITH IGNORANCE IS VERY DANGEROUS. SOME PEOPLE WERE SUPPORTING RB. ALL THE TIME THEY WERE WITH HIM AT THE COURT. BUT SLOWLY THEY ARE REALISING THAT THE MAN WAS NOT WHO THEY THOUGHT HE WAS. THE CORRUPT SCHEME RB DESIGNED TO STEAL VEHICLES THAT CAME FROM CHINA IS JUST A TIP OF THE ICE BERG. MORE WILL COME TO LIGHT OVER THE “OIL-GATE SCANDAL”
    THE THREE JUDGES ARE NOW IN TROUBLE. A LOT OF THE FILTH THAT WAS ALLEGEDLY HIDDEN UNDER THE CARPET WILL BE KNOWN. HEMCS HAS ACTED IN THE MOST FAIR WAY. HE HAS GIVEN THESE JUDGES A CHANCE TO BE HEARD. LET THEM TELL US THEIR SIDE OF THE STORY. AND WE WANT ALL THE DELIBERATIONS TO BE RECOREDED VERBATIN IN THE MEDIA. I THINK THAT IS THE MOST FAIR WAY. INFACT WE NEED THE INTERNATIONAL MEDIA LIKE BBC, CNN, VOA, SKY NEWS TO ALSO COVER THE HEARINGS.

  18. People seem to(or want to) forget that High Court Judge Albert Wood was forced by those 3 judges to abandon the DBZ case.Judge Albert Wood surprisingly recused himself in the last stages of the court case(he was due to deliver judgement).Contrary to procedure,Judge Wood did not even inform the court about his recusal.He just left .

    Out of the blue,Judge Nigal Mutuna took over the case and informed the parties about Wood’s recusal.Even magistrates inform the court when they recuse themselves from a court case.Why did Albert Wood abandon the case in such a manner?Maybe the Chikopa tribunal can shed some light.

    Lets not blind ourselves to the truth.

    • Judge Wood took himself off the case on moral grounds as I understand it.As you may remember the two men were represented by a lawyer who apparently is a close friend and has apparently worked with judge Wood before.There were stories that the lawyer was unprofessionally imposing wood onto the case.I wouldnt want a friend to judge me, would you?

    • Ngoshe, that is why we need the tribunal so that we can know WHY MUTUNA took over from Judge Wood and STARTED THE CASE OVER AGAIN when judge WOOD was about to deliver Judgement. The truth will come out VERY SOON. No procedure was followed when FORCING WOOD out of the case. Why want to know who was behing this scheme. And for your information, Mutuna’s Judgement is silly. There is no way shareholders in a LIMITED LIABILITY COMPANY can be made liable for the debts of the company that has gone bankrupty. Only the assets of the company can be sold to pay of the debt.

  19. I think the judges shouldnt have bothered turning up because G. Scott had already delivered the Judgement in Parliament.His words as quoted by the media were that,’the Chakopa tribunal was on.’ For all those of us that may see through his words,the implications of his pronouncement were that government was to win the case .Above and beyond, this was the reason why the three judges took the PF government to court.The second point is this that Judge Chakopa’s has handled a case to do with Sata in Malawi and passed judgement in his favour.His past does compromise his morals and he is therefore not the right man for the job.Thirdly,wearing the hat of an ordinarly citizen ,the reasons for the tribunal does raise alot of questions than answers.To sum it up, it is aimed at protecting two…

    • The tribunal is aimed at bringing the truth out. Do the so called “two” deserve injustice under the hand the three corrupt judges. Why did they (1) force Judge wood from handling the case when he was about to deliver judgement (2) Why did they have to start hearing the case AFRESH when court records where there for them to continue from. This is not the only case, more will come out. It is unfortunate that some people will support corruption just because they don’t like the person fighting it

  20. The Constituion of Zambia
    Article 98
    (3) If the President considers that the question of removing a judge of the Supreme Court or of the High Court under this Article ought to be investigated, then

    (a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office;

    (b) the tribunal shall inquire into the matter and report on the facts thereof to the

    President and advise the President whether the judge ought to be removed from office under this Article for inability as aforesaid or for misbehaviour.

  21. The Constituion of Zambia
    Article 98
    (4) Where a tribunal appointed under clause (3) advises the President that a judge of the Supreme Court or of the High Court ought to be removed from office for inability, or incompetence or for misbehaviour, the President shall remove such judge from office.

    (5) If the question of removing a judge of the Supreme Court or of the High Court from office has been referred to a tribunal under clause (3), the President may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought to be removed from office.

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