Thursday, May 30, 2024

Suspended judges file application challenging the constitutionality of Judge Chikopa tribunal

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Two of the three suspended Judges Nigel Mutuna and Charles Kajimanga have challenged the constitutionality of the tribunal set to probe their alleged professional misconduct.

Judges Mutuna and Kajimanga have contested that the tribunal should not be allowed to sit and hear their alleged professional misconduct because it has no legal framework consistent with their constitutional rights.

This follows the majority judgment delivered by acting Chief Justice Lombe Chibesakunda on May 9, 2013 that President Michael Sata did not abuse his constitutional powers to suspend the judges and later on set up a tribunal to probe the pair together with Supreme Court judge Philip Musonda in April last year.

But Judge Mutuna and Kajimanga yesterday filed an application for judicial review challenging the constitutionality of the tribunal which Attorney General Mumba Malila say would commence its sittings next week.

Mr Justices Mutuna and Kajimanga have contended that the tribunal in question defies the rule of natural justice and was a violation of their constitutional rights.

The duo have alleged that the tribunal has failed to give them adequate notice of its proceedings to enable them prepare adequately and exercise their constitutional rights during the hearings

53 COMMENTS

    • Afisanji a mambala aba kansi? The Supreme Court is already ruled on the constitutionality of the Tribunal. Drag them to the tribunal by force, they are wasting our time. They have already wasted ONE YEAR!!!!

  1. What next? Challenging the constitutionality of the constitution? Sounds like time best spent preparing one’s defence and sparing the tax payer of all current costs.

    • The thing is in the the high court they’ll win because more or less the judges in the high court are fond of these judges but then the supreme court judges want judge Musonda out because he has ambitions of becoming chief justice and more or less is one of the only ones who are under the retirement age. So the want to distance him as far as possible

    • The trouble in Zambia is that we confuse brinkmanship with heroic acts. Unless there is something new (and semantically lawyers always create something new out of old rags anyway) this matter has been dealt with at Supreme Court level where the government took its case. I will not be surprised if these judges with their closed dealings that they are vigorously defending end up heroes in Zambians’ eyes… we celebrate even those that do us harm!

    • Defence before a compromised foreign judge whose been feted by the President for almost a year? Besides the whole tribunal is unconstitutional.

  2. While it is the suspended Judges right to ask for Judicial Review they should know by now that they are wasting time and fighting a lost cause with acting Supreme Court Judges who are personally appointed by the president. Its better to allow Tribunal to proceed and thereafter challenge any findings or recommendations that Tribunal Judge Chikopa may make which are biased or false and breaches their rights.

    • You cannot allow an illegal process to proceed so that you challenge it later. Chikopa should just go back to his home country. Mmembe and Nchito should pay back the $5 million they obtained under FALSE pretences.

    • I don’t think they are scared, the person who was scared was the acting chief Justice
      not too long ago she delivered Judgement which was and still is highly questionable
      however in her Judgement she advised government “Not to go a head with the tribunal ” why? because of “constitutional issues” which she did not state clearly
      and when you carefully read into the challenge of the constitutionality of the tribunal
      am not a lawyer I believe the two saw a window of opportunity in the Judgement now government will have to prove to them the legality of the tribunal and for sure now we will know what the acting chief Justice was referring to as constitutional issues

    • surely these judges have now pushed their luck too far. Why didnt they challenge these matters at once. They really sound scared and political. Days heroes were made are gone. Doing things to impress UPND and HAHA wont work.

  3. Now these are true judges and what they are looking for is justice. I would advise those that are not agrieved to keep quiet especially if they are lay people.

    • Some of Those Lay People are eductated, they Opened up a Grasshopper and wrote a very big book which they submitted to become Proffessors. that is how come they are experts in Constitutional Law.

    • What is corrupt about telling Mmembe and Nchito to pay back $5m they borrowed from a public institution?

  4. Another drama for real, what are trying to prove? People who feel they can not be interrogated always end up doing wrong things. I will always ask this, why are they trying to protect themselves surely if they are innocent. Reforms have started lets support the president.

  5. Yes, we need a judicial review, if at all there is still any room for it. Justice must be seen to be done. The Supreme Court advised these thugs not to proceed with a tribunal only necessitated by the guilty parties being the President’s friends in the earlier judgement. Can you imagine Zambia! Just because of a simple complaint by those two debtors, moving the President to appoint the tribunal! How many other people had complained in the past about any Judges, even in the PF era, and there was no tribunal?

  6. Yes !Fight on. Don’t give in to this rapacious and criminal PF regime! Fight so that taxpayers get back their $5 million .

    • Mmembe and Nchito did not borrow any money from DBZ, it was Zambian Airways that is now in receivership. So the money raised from the sale of Zambian airways assets is what should be paid to DBZ and OTHER DEBTORS, if there is any balance, just write it off. Shareholders don’t use their assets to pay debts of their bankrupt companies

    • Then they should have appealed to the Supreme Court to argue their case. Why did they appeal to State House to set up a Kangaroo tribunal?

    • Awe mwali mupata PF…. MMD will not came back especially with the bickering within.. and the Man of God in your midist and the rest of you are Sinners.

  7. The PF government believes in by-elections even if these elections are diverting huge resources for national development to meet costs of avoidable, senseless and unnecessary by-elections. The suspended judges application challenging in court the constitunality of judge Chikopa tribunal should be granted as well. This like the by-elections will also increase the gobbling of huge sums of money meant for development to satify the pride and shame of Mr Sata and his PF govt. By-elections can be stopped in one way or another by any leader who has the poor people at heart. In fact the reason that people wanted change was for the reason of caring for them. To claim constitutionality of by-elections at the expediency of poor people is missing the point.

    • Bye elections are provided for in the constitution. If the President stopped such elections you the same would start talking. individual Parties spend their money, it is not the Govt. in fact the court collects some money from the aspiring candidates.

  8. If i were these Judges, i would have used the tribunal to bring their side of the story now they look like buying time, only God knows!!!

  9. IT IS BECOMING VERY CLEAR THAT THESE JUDGES HAVE SOMETHING TO HIDE. I THINK WE NEED TO KNOW WHAT THEY ARE HIDING. RB TRIED THE SAME. NOW WE HAVE SEEN AND HEARD WHAT HE WAS HIDING. THE TESTIMONIES FROM THE WITNESSES ARE CLEAR. THESE JUDGES NEED TO TELL US WHY THEY LIED THAT JUDGE WOOD RECUSED HIMSELF FROM THAT CASE?

  10. The Tribunal should go ahead so that all the above statements or claims are proved or disproved. Those of us who are in the dark or not party to any information are eager to know the truth

  11. These judges are sitting on something because if you are inocent you can not be worried to answer some questions. But now they want to buy out time. Let equality take place if the the hands of judges a clean if not justice must previle.

  12. Shameless judges and morons like Gongrave here can’t rest .Read all his comments.They are full of lunacy. What are these judges fearing?I can c that de i d io ts are hiding something . God will not let u free if u judged wrongly.lnnocents are jail.

    • The guilty: Nchito, Mumembe, Sata are roaming our streets, and our churches – making stupid jokes about Grey Zulu (ati ‘Blue Zulu’, just bcoz mr. Zulu was putting on a blue jacket)

  13. The guilty are always afraid. If you were innocent as you claim there ,would have been no need for all this delaying tactics.Be brave and face the law like everyone else, as no one is above the law and you are no exception. Stop waisting peoples time, all Zambians need to know the truth. Being a court judge is no passport not to face the law. If RB is in court who are you not to appear before the tribunal?

  14. Immigration department should make sure chikopo judge does not fly out of the country coz he has to answer to some questions. Sata is failing, Giant do fall. watch my words

  15. I just tend to wounder if any Zambian judge has ever been imported by another country to preside on a tribunal.. if not we will remain a laugh stock as country when such findings can easly be presided by our own impartial Judges.

  16. Zambians ,the earlier u began to look at yo selves in de light of the way a foreigner looks at u de better. U are sleepy nd corrupt.Therefore ,these corrupt and judges must be investigated. They are guilt !lastly dey ll hide in a pltcal party.

  17. A lot of witnesses, some serving time in prison, relishing the opportunity to present to the tribunal, what they know of the misdeeds of the accused ‘judges’! What a day it will be in court!

    • Is that what the tribunal has been instructed to do ? Is that in the terms of reference ? We have a lot of sick heads in Zambia.

  18. Why cant the Zambian government hire competent judges from here in Scotland. Who gets a judge from malawi.

    Thanks

    • I agree with you Mushota!! And to answer your question, ‘who gets a judge from Malabi’ – its a compromised president with something to protect (his backers Nchito, Mumembe, etc).

    • WHEN THE COURT (JUDGE) FROM A SIMILAR PLACE (LONDON) FOUND CHILUBA GUILTY, THE ZAMBIAN GOVERNMENT UNDER RB REFUSED TO RESPECT THAT RULING. WHAT MAKES YOU FEEL THAT JUDGES FROM SCOTLAND WILL THIS TIME BE RESPECTED? THE PROBLEM IN ZAMBIA IS THAT WE HAVE A JUDICIAL SYSTEM WHICH IS POROUS. IT IS ABUSED BY THE JUDGES THEMSELVES AND THE PARTY IN POWER. NEEDLESS TO SAY THAT SOMETIMES JUSTICE IS DISPENSED. THOSE THREE JUDGES CLEARLY DID SOMETHING THAT NEEDS TO BE INVESTIGATED. THE PRESIDENT MUST PROTECT EVERY ZAMBIAN FROM SUCH JUDGES WHO PASS QUESTIONABLE JUDGEMENTS. HE MUST PROTECT NCHITO, M’MEMBE JUST AS MUCH AS HE SHOULD PROTECT THESE SAME JUDGES AND EVERY ZAMBIAN. THE JUDGES SHOULD NOT HIDE THEIR MISDEEDS IN LEGAL TECHNICALITIES. THE GUILT ARE ALWAYS AFRAID. GOD HATES CORRUPT JUDGES.

    • My Friend Mushota long time no see, how is your old man is he your Husband now? has he withdrawn? are you now able to speak scotish? Does your Husband wear a Skilt (Skirt) as is the custom,

  19. ‘who gets a judge from Malawi?’ – its a compromised president with something to protect (his backers Nchito, Mumembe, etc). A responsible and caring president would have allow the due process of the law to run its course and not interfere. The procedure allowed for in the constitution would have the complainants (Nchito, Mumembe, etc) approach the Judicial Complaints Commission (and not their friend in state house). The JCC would then set up a tribunal to hear and investigate any complaints about the judges. what is so difficult following this process, huh??
    Bravo to the 2 judges for standing against tyranny, dictatorship – those that seem mighty and invisible today!! Thus was the case in the David – Goliath story.
    And Zambia desperately needs many of the Kajimangas and Mutunas!!

    • THE SUPREME COURT HAS TOLD YOU THAT EVEN THE ROUTE TAKEN BY THE PRESIDENT IS VERY CONSTITUTIONAL. SO TRY TO KEEP QUIET SOMETIMES IT SHOWS A BIT OF REASONABLENESS. THE ARGUMENT THAT SATA IS TRYING TO DEFEND HIS FRIENDS IS CHILDISH TO SAY THE LEAST. SUPPOSE SOMEONE TOLD YOU THAT THE REASON WHY THESE JUDGES WANT TO GO THROUGH THE JCC IS BECAUSE THEY KNOW THAT IT WILL BE COMPRISED OF THEIR FRIENDS WHO WILL PROTECT THEM. ARE YOU GOING TO TAKE THAT? SO THIS IDEA OF SUSPECTING EVERY THING THAT DOES NOT MOVE IN YOUR FAVOUR IS VERY RETROGRESSIVE. ITS LIKE THE WAY ILLITERATE PERSONS BEHAVE. EVERYONE DRIVING A NEW CAR IS SAID TO BE A SATANIST. WHERE ARE WE GOING? IF YOU HAVE EVIDENCE THAT SATA IS FRIENDS WITH NCHITO GO AND GIVE THAT EVIDENCE TO THE TRIBUNAL INSTEAD OF HIDING IN FAKE NAMES HERE.

  20. Ba Chisenga na Ba Osmore, recall where the issue at hand started from. The alleged judges found Mmembe, Nchito and the Post guilty of siphoning Zambians money through DBZ loan of K14 billion. They refused to pay back because their Zambian flight company collapsed. They were still liable to pay back that loan. Mr Sata interveined because the 3 complained to Sata who has rewarded them with jobs. Sata through them alleged the judges were corrupt and that is when Sata in his wisidom brought a foreign judge Chikopa to preside over a tribunal to investigate the 3 judges. As it is now, the results of the tribunal is a by gone conclusion. Judge Chikopa was employed by Sata, Nchito, Mmembe and the Post are beneficiaries of Sata pay back deals. How can this tribunal be impartial? Zambians still need

  21. their K14 million back in the coffers of the government. As a result of all this hula-baloo Zambia is paying dearly for Chikopa, tribunal and suspended judges now appealing in the court of law still being paid their entitlements. Who is laughing at who. The acting chief justice DID NOT ALLOW SATA TO GO AHEAD WITH TRIBUNAL. Because of UKAKASHI and PRIDE of PF govt they went ahead with the tribunal and now CONSTITUTIONAL issues pointed out by chief justice have become alive and it will go on as long as common sense will not prevail.

  22. I’m in the process of rounding up afew Kangaroos in the outback & will be sending them to Zed soon!! A few for State house to compliment the wildlife in state house grounds!!!

  23. Who is above the law in Zambia you chaps? The court has passed ruling, now who are you to challenge the supreme court. Those judges are hiding something that we want know.

  24. Dear Colleagues,
    I am glad to inform you that your contracts which had expired on 31st March 2013 have been extended with effect from 1st April to 21st December 2013.

    By 5th of April 2013, we will be sending you the new contracts for your signature.

    You are all reminded to date the contracts between 20th and 31st March 2013 and submit immediately to CBT desk for implementation.
    Once again, congratulations.

    With best regards

    John

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