THE Lovemore Chipoka-led tribunal yesterday said it has power to probe suspended Supreme Court judge Phillip Musonda despite his decision to retire ahead of the probe.
Judge Chipoka has stated that he will go ahead to hear all allegations levelled against Justice Musonda.
Justice Chipoka—the tribunal chairperson—said the tribunal will proceed to look into allegations against Justice Musonda because he is not party to the application granted to High Court Justices Nigel Mutuna and Charles Kajimanga to commence judicial review against the legality of the tribunal.
The matter came up in chambers yesterday. The 15-minute session was conducted away from the media or ‘in camera’.
Justice Musonda’s lawyers Milner Katolo and Sakwiba Sikota confirmed this to journalists after the tribunal adjourned.
Justice Chipoka said Justice Musonda’s letter to President Sata is a request to be retired but there has been no response from the appointing authority and this gives the tribunal jurisdiction to hear allegations against the Supreme Court judge.
Justices Mutuna and Kajimanga have been allowed to commence judicial review against the legality of the tribunal and the decision acted as a stay of proceedings.
Mr Katolo and Mr Sikota wanted to establish if the tribunal will proceed in the wake of Justice Musonda requesting to be retired and a pending matter in the High Court touching on the tribunal.
During the opening session, Justice Chipoka assured lawyers that the tribunal will give Justice Musonda an impartial, fair and open inquiry.
“We will endeavour to conduct an open, fair and impartial inquiry and it is our sincere request to the bar to help us achieve that goal,” he said.
Justice Chipoka said the tribunal will discharge its mandate with “civility, dignity and respect”.
He urged the bar and journalists not to harass witnesses and refrain from making disparaging remarks against witnesses.
“Journalists must be objective in their reporting to avoid prejudicing the hearing,” he said.
Justice Chipoka said the tribunal will treat every person who appears before it with respect and dignity, including Justice Musonda.
He said the tribunal’s mandate is to hear allegations against Justice Musonda and it will not open up cases involving the Development Bank of Zambia against JCN Holdings, The Post Newspapers and Mutembo Nchito.
Justice Chipoka said the tribunal will also not open up the case involving Finsbury Investment Zambia Limited against the Ventrigilia brothers because it is not an appeals court.
He adjourned the matter to June 28, 2013 for formal hearing after Mr Katolo informed the court that Justice Musonda is unwell and has been given 10 days bed rest.
Other members of the tribunal are Thomas Ndhlovu and Naboth Mwanza and Chipili Magayane as secretary.
It may be legal in your Malawi not in Zambia. Please go back to your country you’re finishing the ARV’s meant for Zambians.
i bet you, Judge Chikopo does not have a work permit. The Immigration system needs to pay him a visit. If you are an MP reading this, please raise this issue in Parliament and let the chips fall where they may!!!
This bitch ass malawian judge looks sick foreal. This was the most useless decision this dictator has ever made! A judge from malawi – for what honestly?…zambians cant handle their own business…yayi mwebo chunibaba ngako , yaa ndipo ungatukwane , msata nyina …shaa!!! sole milingo , unikhulukileko. forgive me….mwana wa imbwa uyu
chikopa are you desperate? Zambians are not interested in that trash and crap of a tribunal , just pack and go back to Nyasaland, Proflight has started direct flights there.
Let Musonda be investigated please. The judiciary was going to the dogs in RB’s reign. There was a lot of corruption in the judiciary, now its time for Zambians to hear why these guys jail only poor people who steal tooth brush from shops while leaving alone those who steal billions of kwachas from our treasury. I am liking it indeed. Let him not feign illness, he must be a man if indeed is clean.
Peace and Prosperity to Mother Zambia.
‘i like this one’!!!!!!!!!!!!
The judges have been suspended because they found ‘rich’ Mmembe and Nchito liable. What are you saying about the Judiciary then.
I am impressed with Chikopas statements of affirmations. he sounds like is a very educated, learned and distiguished morally upright man. I wish our judges could sound like this.
judge chipoka oro chikopa machende yako,panyo pako iddiot.go back to malawi mavuzi yako
Now Chikopa is running the show. He is commenting with confidence, the chap is so comfortable in Zambia that he forgets he is a damn foreigner whose presence in the country disgusts the majority of decent citizens.
I don’t think you are a decent Zambian. It’s people like you who champion wrong and then complain when little is done about it. PS. You too are a damn foreigner where ever it is you are!
I am impressed by Judge Chikopa’s legal guidance to interested parties not to sway the intended purpose of the tribunal. This should prove critical to an already politicised probe. I am excited about his sober approach and I think Zambians in general will learn some thing from Judge Chikopa. As he says lets be open minded as not to prejudice the tribunal.
NOT ONLY HAS THE JUDGE DECIDED TO RESIGN BUT HAS ALSO DECIDED TO FALL ILL ON THE DAY OF HEARING.- WAPYA BAISA! WAIT FOR NEXT FEW DAYS WHEN INFORMATION BEGIN TO FILTER THROUGH THEN YOU WILL UNDERSTAND WHY THIS TRIBUNAL HAS BEEN SO MUCH CRITICISED.
Can i get clarification please, has judge Musonda asked to be retired or has he resigned? What is the difference between the two in relation with the case?
What nerve…… so now he is interpreting Zambian law ka? i dont think the judge is in order even if he makes sense or not, it is not his place to comment, rather he shud have asked to leave as the tribunal was on hold.
No need to insult the judge you narrow-minded empty tins. What is the problem with you?
The honorable chipoka knows what he is talking about, he has been so sober, I hope he will preserve his integrity through out.