Tribunal chairperson Judge Lovemore Chikopa has described the manner in which he was served with the court order to suspend the tribunal as uncalled for and disrespectful.
Confusion arose when Judge Musonda’s lawyers tried to present a court order to the tribunal staff who refused to accept the court order. Attorney General Mumba Malila also refused to get a copy of the order after the lawyers attempted to serve him when the tribunal was temporarily adjourned saying the rules were clear on where it should be served.
Judge Chikopa expressed displeasure with the manner in which defence lawyer Milner Katolo addressed one of the tribunal staff only identified as Jacqueline during the process of serving the stay of execution.
Judge Chikopa described as uncalled for and disrespectful, the manner in which Mr Katolo addressed the concerned tribunal staff.
Judge Chikopa stated that guardians of the law must learn to behave in a good manner and warned that he will not tolerate such conduct during his sittings.
Mr Justice Chikopa warned Dr Musonda’s lawyers against referring to any member of the tribunal by their first names saying the tribunal would not condone such.
He said the tribunal will adjourn for now until 29th July adding that he would have loved the counsel representing Dr. Justice Musonda to be present during his sitting after the stay was served when he gave the warning on the conduct of people at the tribunal towards the staff.
“We will be very brief, this afternoon we were prepared to proceed after the morning adjournment, but we have received an order to stay the proceedings, and as promised we shall abide by the Law. Perhaps as people say that those who practice Law must abide by it and behave like one, so we will abide by what has been ordered by the High Court,” he said.
Judge Chikopa said the tribunal will wait for the advice from the Attorney General Mumba Malila.
Earlier today Lusaka High court has granted a stay of execution to retired Supreme court Judge Phillip Musonda against the proceedings of the tribunal probing the alleged professional misconduct of himself and two suspended judges Nigel Mutuna and Charles Kajimanga.
High Court Judge Florence Lengalenga in delivering her ruling in chambers today said going ahead with the tribunal to hear evidence against Dr Musonda’s alleged professional misconduct would make him suffer injustices.
“Upon hearing both parties in the matter on the application, it is hereby ordered that an order for interim stay of proceedings be and is hereby granted to the applicant staying the tribunal proceedings pending inter-parte hearing,” Ms Justice Lengalenga said.
The tribunal has so far received testimony three witnesses including High court Judge Albert Wood, Chilombo Phiri and Nchima Nchito.
Today, State Counsel Nchima Nchito testified before the tribunal that he was surprised by the conduct of High Court Judge Nigel Mutuna because he seemed well burnt when he went ahead to pass judgment in a matter regardless of the other party issuing a notice of discontinuation.
“Parties in the matter, Development Bank of Zambia (DBZ) versus the Post Newspapers Limited and JCN Holdings Limited and Mutembo Nchito had met and agreed that DBZ drops the case and that the plaintiffs should not claim any costs as they wait for further guidance from the Ministry of Justice where they had also lodged a similar complaint,” Mr Nchito said.
He said he was taken aback when they were told that Judge Albert Wood had rescued himself and a search on the file did not show that he had recused himself but indicated that the file had been moved to another judge.
Mr Nchito said he had written to the Chief Justice then so that he could conduct an inquiry to know how the file moved or to remedy the error.
“The reason for lodging the complaints was that there was a collusion of things, at some point former Republican President Rupiah Banda made a statement that Post Editor-in Chief Fred M’membe and his younger brother Mutembo had committed a number of crimes and then the moving of the file without offering any explanations,” he said.
Iwe Ka Judge CHIKOPO, just go back to your country. After we pay you our hard earned taxes now you want UKU SOKA ama zambians. Silly chap. Go back to Malawi where you can attack your malawians. We zambians are capable of sorting this issue out and stop insulting our citizens. This is not Kumuzu Banda era, we are cool with addressing ourselves on first name basis and if you have a problem with that , Join your Kamuzu Banda where he is . This is a new era
Bantusyan just get lost
Iwe Chikopa, just go back to Blantyre!!
U id10t5 insulting Chikopa grow up. Better blame the state and not him, he is just carrying out his duties for which he was hired. We are living a globalised world… Kamuzu this and that won’t help you. If it’s issues ask your state to take him back to his country.
But Zambians namupwa!! A foreigner from Nyasaland come to tell you that you are “indiscipline”?. I think Chikopa has started ukulinganya amapuli.
As if you would go back if it was you staying in a 5 star hotel.
Lovemore ,Is first name an insult….!!This Chipoka achimwene , u need to be taught a lesson….or resign. U have stolen enough tax payers money by false pretence….
Even in the Lombe judgement, How on earth cud she vomit such a Judgement with far reaching precedence on the separation of powers fundamentals in Zambia and the commonwealth????? What a legal prostitute, busy raping our constitution !!!
Can LAZ file judicial review of this judgment please to correct the mess this woman has caused on fundamental principles of separation of powers in the state’s 3 arms, and we demand Chipoka& Lombe to go, let her leave the Bar!! .They are shameless bum skulls!!
Iwe Bntstan **********,
This is exactly the type of belligerent childish behaviour and attitude Chikopa does not like. My friend, if you were in a court of law, you would spend several nights in jail for contempt.
You are saying this rubbish because you are hiding under the cover of anonymity here on the web. If your remarks are sincere and genuine, please use your real name and see what will happen to you.
Chikopa is not going anywhere until we know how the judiciary was being abused. Nchima testified that Mutuna went ahead to deliver Judgement despite DBZ withdrawing the case. Shame. Whoever is against Chikopa is a support of corruption. You are the same guys who were against the removal of RB kawalala’s immunity.
This Malawian chap should stop chewing our money and should go back to nyasaland.
Blame the state and not him, he is just carrying out his duties for which he was hired. We are living a globalised world… If it’s issues ask your state to take him back to his country.
As if you would go back if it was you staying in a 5 star hotel.
This chikopa chap is indiscipline. Where is he gettin the guts to issue such statements. i truly believe Zambia is on is way to the dog kingdom. Judge chikopo, have regard to our judicial system. The injunction was issued and just obey. What is so difficult about obligin to a simple and straightforward order. We know chikopo, you have a pre-determined outcome of these proceedings but kindly show restraint and some grain of profesionalism.
that should be a lesson to tell you that you are not wellcome, even if you goble that much money, your ka body will never appreciate, it will still look malnourished. kafumye apa iwe!!!!!!!
Body mass is still an indication of ukulya bwino kanshi???
Achimwena!!I think it will be wise for you to go back.I advise you to forgive the man who appointed you.It looks like something is wrong with our presdo even us we are wonering.Please sit for a while and think of how much you have chewed tax payers money for doing nothing.If you have a conscience humbly return home if you really are real lawyer.Please please papani acimwena.
Chikopa is a hired gun by Sata and nobody will respect him. I’m sure we have many judges in the country that can do the job that this judge was called to do. This is problem in Zambia, instead of giving work to local people you are bringing in foreigners to do the job and yet there are many qualified people in the country to the same job. Then when some investor bring their own you complain and yet you have set the precedent! Chikopa should humble himself and relieve himself of the stupid tribunal which is just embarrassing the judiciary. Do we really need foreign judges to investigate local judges?
Atase! Smelly Chimmbwi!
This is not nyasaland iwe chimbwi
why are judges putting in injuctions after injuctions.They are hiding something,I smell a rate.
Unlike you they know their rights!
Fck all bloggers defendn fckn shhit judges who were doin the same to us…you deserve to be fornicated with a piece of barbed wire…Chikopa belongs to commonwealth just like Amsterdam,RB,Nevers na ka HH…styopet.
Why is Sata creating this job to a foreigner as Tribunal Chairman instead of having a Zambian.?Sata is full of deceit and BUFI.God intervene in our Zambia Governance System.Sata seems to be the agent of satan the devil.
Give your guest one room, they will take over your whole villa!
I dream of a Zambia without Sata. This has been a lesson for most of us who took a gumble. This is 21st centuary . Our president belongs to days of mass illiterace. No wonder he can pick Chikopoo from Nsanyaland.
This is unprecedented in the history of a nation. This was asked for, insulted by a foreigner in our own country because of a president who has lost confidence of his own judicial system. This is shameful to PF govt who seem to have lost sense of legal advice from among themselves. What a shame!
This guy is just increasing rate of HIV in Zambia
Aya sana!, how much are we paying this Malawian to be telling us what to do?
Mulesabaila fye mwefinkula mwe! What is that yo judges are scared of by injunctions? Disgraced judges defended by dishnest lawyers. @4 ,ulichitutu ,primitive 1 who still thinks wen u ‘ve a body mass of an ‘elephant’ is goodmilile and rich.Shame on u!
Do you even know what PAYE is?
Now Chikopa should pack his single suitcase and head back to your POOR NYASALAND at once. This is your final warning, else you will go back on FOOT.
If you are a cadre and you are hurt with what the people who reason are talking about,waikalafye tondolo nokoh amashinsha ku chinena.
By DELPHINE ZULU -Times of Zambia
THE Tribunal constituted to probe alleged professional misconduct of three judges yesterday commenced proceedings with Lusaka High Court judge Albert Wood testifying that he was instructed to recuse himself from handling two cases on allegations that he was a Patriotic Front (PF) sympathiser.Mr Justice Wood said he handled two cases in contention but on August 1, 2011 he received a call from High Court deputy judge-in-charge of commercials, Charles Kajimanga requesting him to hand over the two files.He said Mr Justice Kajimanga told him to hand over the files in a case where Finsbury Investments Limited had sued Antonio Ventriglia because there was an allegation that the defendant was losing all the applications in the matter.
He said in the other case involving Development Bank of Zambia (DBZ) versus the Post Newspapers Limited, JCN Holdings Limited and Mutembo Nchito, Mr Justice Kajimanga called for the files on grounds that he was a friend of Post Newspapers Editor-in-Chief Fred M’membe and that the case was moving at a slow pace.Mr Justice Wood said he was not Mr M’membe’s friend and did not go to the same school with him (M’membe) as certain members of society were alleging.The tribunal chaired by Malawian High Court judge Lovemore Chikopa has been asked to probe the alleged professional misconduct involving former Supreme Court judge Phillip Musonda and two High Court judges, Nigel Mutuna and Mr Justice Kajimanga.
The Tribunal was, however, only proceeding with accusations against Dr Justice Musonda because the other two had obtained a stay in the Ndola High Court restraining the tribunal from probing them until the matter was disposed of.
But Dr Justice Musonda refused to appear before the Tribunal yesterday on grounds that he was still waiting for the High Court to hear his judicial review today on whether to stay the proceedings against him or not.
Both Mr Justice Chikopa and Attorney General, Mumba Malila insisted that the Tribunal would commence because they had not received any copy to stay the proceedings and that their mandate was different from the matter before court.
Mr Justice Wood said all the cases had advanced at the time he was asked to recuse himself as the DBZ case started in 2009 and that he was remaining with one witness.
He said after some time, the then Chief Justice Ernest Sakala wrote two memoranda asking him to explain events leading to his recusal and in his response stated that he was instructed by his colleague.
Hearing continues today.
Why can’t we outsource the presidency kanshi? Looks like we are doing so in all other areas. Chikopa ama bola yakula nomba? Yafina? Get your monkey Malawian batakos back to Muzuzu.
Don’t insult Chikopa he’s not even of your class some of u. He’s of the international standard even in his career/profession; what can you tell me?
Oh, please, what international standard? This Guy is not even a secition, ward or branch standard in Sata’s lingo. Any professional worth his salt would have seen how messy this thing is and he would have execused himself and allowed the hosting country to sort out its messy. But because this guy is loser and broke he has decided to cling on and milk Zambia’s tax payer money
He is CHIKOPOO for a reason. He can’t read the situation that is so clear. How dull can he be sure.
You and sata, go to even somalia and mention the name chikopa nga kuti bamwishiba ***********
Lovemore, Lovemore Loveless, how many times have a called you.
Now pack your single suitcase and head back to your POOR NYASALAND at once. This is your final warning, else you will go back on FOOT.
Deeprooted is corruption in Zambia becouse it is protected by both lawyers and judges.
Iwee ka lovemore finshiiii ule bosa??
Ati no first name basis?? Ni pa zed, taumona efyo ba Post, beta Sata, ati “Michael”
Iwee naba kutumpika sana pa zed te??
Wa lepa ku myenu!!!
Idiot Chikopo I think have over stayed your welcome. How dare you insult us on our own soil. PF fools this idiot will one day insult the very person that gave him asylum. You better tame this idiot otherwise it will start thinking that it is in Malawi.
Madam Banda please recall your idiot.
Lets learn to differentiate issues and be clear as to what we are criticising. Firstly, whom should you attack for Chikopa’s appointment? Chikopa himself or the President? Give reasons. For example, did Sata have powers to make such an appointment? Why would it be Chikopa’s fault for being in Zambia? Secondly, there are set rules in the commonwealth legal systems as to good etiquette and decorum when lawyers address each other or the judge. Chikopa was not attacking Zambians – he was reminding some members of the legal fraternity to abide by the rules of their calling. The problem I have with the whole scenario is that it should not have taken this long to determine whether the appointing of Chikopa or the tribunal itself was Constitutional and above board. I am researching on this.
He has proffessional integrit to protect. He should rescued himself when he saw thing were not working out. Yamunyokola njala ku malawi that is why he is hanging on.
It seems some site has been blocked as of this morning. Chikopo, do you have anything to do with this.
Those who have to “demand” respect rarely deserve it.
Judge Albert Wood had rescued himself! Did you mean ”he recused himself”?
what are you doing most of you in foreign countries?Only Number 31 is in zambia.You are the people you giving some people false hopes.You dont even have voters cards.
Tell them boss!
I agree with those who say Chikopo is not to blame but the state for bringing him into the country, a mistake that will haunt them when they are kicked out of office.
Chikopo feels big and it should not surprise anybody if one day he is appointed acting president.
Sorry, do you think These PF are capable of being haunted by anything they do? No they are so immune to anything! Stubborn hard hearts they have!
Why did CNP hire a HIV judge from a failed state?
chikopo go back home..kekekekeke
Sata has created job for this foreigner as an all-inclusive job giving by PF policy similar to MP poaching!
You morons you want learned Judge Chikopa to go and yet the affected Judges are not dismissing him as such.It is because they including Judge Musonda knows and understands that Judge Chikopa is in Zambia legally as provided for by the commonwealth law.Dont just utter none sence if thats the little sense you have.The president invited him for sake of impatiality which might not be exercised by the fellow zambian Judges.
Its only in Zambia where foregners insult locals with impunity.Look at those supporting Chikopo,very stupid indeed! The chief justice is illegally in her post, Nchto is already a convict and Malila is Sata s rubber stamp.In short Chikopa himself is a thief and should also abide by the law, why should he be paid for doing nothing all year round, yet he threatens people that work so hard for their money. Kupwalala muzambia kwena yee!!!!!!!!!!!!!!!!
Iwe ka action Man, what are you talking about? Do you even know what corruption is? Its the Post and its minions who are corrupt. They went and corrupted DBZ because of your presidents insistence that FRED AND HIS friend MUTEMBO should not be prosecuted…….maybe he also benefited from that money. Meanwhile, how on earth can you with draw from a case on the judgment day?
Chills, do have proof he is paid as you claim.Get a life.Has chikopa insulted any one?
Bantustan u re not going any where with yr viewpoint coz yr stance of insults to throw mud at tribunal is unwaranted. U re evn aware no where on earth has efused to be investigated.Investigate kabwalala Philip wht is he scared of?
Now even Malawians have started threatening people in this country !
sure?????? ba achimwene?????? Sata has sold us for a few ifitumbuwa!!!!!!!
Judge Lovemore Chikopa, you should count yourself very blessed as you reaping handsomely where you did not sow. Do you have any idea how the majority of Zambians are struggling to make ends meet? And yet for doing nothing, Zambians are sustaining you 24/7 through their taxes that should otherwise have been channeled into areas where Zambians would benefit? Do not insult any Zambian. We are the ones giving you an opportunity to balance your hefty budget. I hope at the bottom of your heart, you are not counting every Zambian idiot.
Everyone with half a brain knows chikopa is an insult to genuine zambians. No need to give explanations. The gvt is extravagant despite removing subsidies only to pay someone for doing nothing.
@munagetleo- Ofcourse Chikopa is not a donation, is it? He is paid and fed luxuriously for doing nothing all year long.
AIDs yamukola CHIKOPO..just look at his red kachasu lips
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