SUPREME Court Judge Philip Musonda says his resignation has completely and finally curtailed the Tribunal’s authority to proceed with his case over alleged professional misconduct.
But Tribunal Chairperson, Malawian High Court Judge Lovemore Chikopa has set June 28, 2013 as the date for the official commencement of the hearing against Mr Justice Musonda.
Dr Justice Musonda said in a letter to the Tribunal by his lawyers Milner Katolo and Associates dated June 21, 2013 that he firmly believed that his resignation had completely cut the Tribunal’s jurisdiction to proceed against him.
Mr Milner Katolo said following his client’s resignation which he had since directly communicated to President Michael Sata and the acting Chief Justice Lombe Chibesakunda he was no longer a judicial officer and as such he was not amenable to the jurisdiction of the Tribunal.
“We take liberty to state that this resignation has triggered the provisions of Article 137 of the Constitution and therefore our client is no longer a judicial officer and not amenable to the jurisdiction of the Tribunal” Mr Katolo said.
Mr Katolo further said in the letter copied to Attorney General Mumba Malila that it was his humble and firm belief that there would be no further proceedings against his client.
He stated “Further to the ruling of the Tribunal on June 18 2013 wherein the Tribunal ruled that it had jurisdiction to proceed against our client because, in the Tribunal’s view he had not yet resigned but merely requested to be retired in national interest, we forward herewith by way of service an unequivocal letter of resignation by our client.”
And in his resignation letter to President Sata dated June 19, 2013 Dr Justice Musonda said he was restating his position as stated in his letter dated June 4, 2013 to resign from his position as Supreme Court judge.
“I wish to restate that I resigned on 4th June , 2013 pursuant to Article 137 of the Constitution which confers upon me a Constitutional right to resign from my office at anytime whether before or during the course of an inquiry,” he said.
He said that his resignation was not intended to insulate him from any investigations but was a decision taken on moral grounds adding that his he was amenable to be investigated for any alleged wrong doing like any ordinary Zambian.
He told the President that it was his hope that his resignation letter would rest the issues of his status as Supreme Court judge.
Mr Sata in May last year suspended Dr Justice Musonda and two High Court judges Nigel Mutuna and Charles Kajimanga and immediately set up a Tribunal to probe their alleged professional misconduct.
Judges Mutuna and Kajimanga have in their latest legal battle been granted leave to commence judicial review challenging the legality of the Tribunal.
corruption has deep rooted even judges are corrupt? this judge is already guilty why did he resign ? as long as he is a Zambian citizen he must be probed.
You are right
in terms of the tribunal, there is precedence because when High Court Kabazo Chanda resigned in the wake of a similar situation, the proceedings of the tribunal became null and void.
Well, if he is guilty in your eyes as well as ukwa’s what is stopping you from arresting him?????????? what crime has he committed????????? Finding Mmembe & his fellow thief, the current DPP with a case to answer in which these two OWE THE PEOPLE OF ZED!!!!!!
Why resign after failing to stop the tribunal using court process? This is done in bad faith. Let the tribunal clear u and the nation to know wat wrong u did.
Hon. Musonda did well to resign. The Mmembe and Mutembo Nchito constituted tribinal is up to no good. Clever move by the judge. Mmembe and Nchito will not continue to be shielded for the money they owe the Zambian people through DBZ. Their day to face the long arm of the law will surely come.
when?
why can’t you just complain to the relevant investigative wings – the dollar siliya’s case, way – if at all you have evidence against them.
stop boring us with this rhetoric.
it has now become monotonous.
it’s you who’s becoming monotonous fred mumembe!
From my lay-man’s point of view, a case is a case, yesturday, today and/or tomorrow. If there is anything wrong that the Judge did it shall remain so. Whatever he did affected other people who may have been wrongly inconvenienced, the concequences of probable bad legal practice. If the truth is being sought let it be found. If you were clean, let the nation know. You can’t bury evidence by resigning, just face reality, clear your name. Is it really a case of the guilty are afraid? Where ever you go you need reference of a clean judge. Anyway do what you feel is right for you, but remember what you did and the concequences out of that, they will haunt you.
The main feels he’s saved the country diligently and wants to retire in peace because he feels his image has been tarnished by the allegations levelled against him and his fellow judges. He knows and has stated that his resignation does not mean he cannot be prosecuted. It is very clear that the man as a learned and one of the most senior judges in Zambia knows the tribunal is illegal so he prefers to be prosecuted as an ordinary citizen, it even saves the state money that way. We should not question the morality behind his thinking but rather question our President on his choice of Chairperson for the said Tribunal he desperately wants to use to investigate the said judges who are linked to his party’s financiers, there is something sinister going on in govt offices.
a tribunal is set up under different rules. it’s not a typical court per se!
Don’t run away, Musonda. Probe him!
He is a disgraced judge period.
Zambians,too quick to react without even checking facts,it’s like the case of Zambeef,ukubwatauka sana and causing panick for nothing.
This is the key sentence ”He said that his resignation was not intended to insulate him from any investigations but was a decision taken on moral grounds adding that his he was amenable to be investigated for any alleged wrong doing like any ordinary Zambian.”
The man is no longer interested in his job, he can’t be forced to stay in it so he will investigated like an ordinary citizen and if found wanting he’ll face the wrath of the law so what problem is there?
why was Kabimba not investigated by the ACC.Chakopa should investigate Kabimba first.
why brobe someone who is no more in employment shear waste of money and resources, stupidy idiots
Corrupt judge! Why are you afraid if you did nothing wrong?
Musonda, why panicking so much. If you are clean , the truth will set you free, but if corrupt awe bane mukasebana sana sana.
Peace and prosperity to Mother Zambia.
Sue, Musonda, sue…….they are breaking the law by proceeding when you have resigned, sue them!
Using a junior to probe a senior is not on; corrupt or not, Judge Musonda, u have done well to resign. As for the other two let them soldier on. It is sad that Mutuna was assigned that case and what was he supposed to do? Refuse to hear it? What a Zedian life!!
If precedence dictates, then so shall it be. I wished this Article 137 could apply to former Presidents as well! We’re tired of these witch hunts and Kangaroo courts which are just draining our coffers under the pretext of prosecuting former public offers.
Comments are closed.