THE Lusaka High Court has ordered that the tribunal constituted to probe resigned Supreme Court Judge Phillip Musonda for alleged professional misconduct should immediately stop hearing the matter.
Judge Florence Lengalenga said in her ruling yesterday that the tribunal should not continue to hear the allegations against Dr Justice Musonda until the determination of the judicial review sought by Dr Musonda.
This is in a matter in which Dr Justice Musonda is challenging the legality of the tribunal following his resignation from office which he said has been accepted by the appointing authority.
In her ruling in chambers yesterday, Ms Justice Lengalenga stayed the proccedings of the tribunal that has seen three witnesses testfying so far saying, if it was allowed to continue, Dr Justice Musonda would be prejuidiced and would suffer irreperable damages.
She said there could not be two parallel proceedings in the High Court and on the other hand the tribunal on the very same issue that Dr Justice Musonda was challenging before her court.
She said that Dr Justice Musonda would be prejuidiced if the tribunal was allowed to continue hearing allegations against him more especially that he was no longer a sitting judge.
Deputy Chief State Advocate, Martin Lukwasa who appeared on behalf of the Attorney General said when asked whether the State would appeal against Ms Justice Lengalenga said that he would get instructions from his superiors on the way forward.
Dr Justice Musonda, of House No. 12, Sianjalika Road Woodlands, had sought judicial review on grounds that the tribunal was acting in excess of jurisdiction by insisting to proceed against him when he had resigned.
He said the tribunal chaired by Malawian Judge Lovemore Chikopa had been supplanted or overridden by the exercise of his constitutional right to resign under Article 137 of the Constitution and the acceptance of the resignation by the appointing authority.
Dr Justice Musonda is among the other two High Court judges, Nigel Mutuna and Charles Kajimanga who were initially suspended by President Michael Sata last year and subsequently set up a tribunal to probe their alleged professional misconduct.
Judges Mutuna and Kajimanga have since been granted an injunction by Ndola High Court Judge Mwiinde Siavwapa restraining the tribunal from going ahead to hear allegations levelled against them.
Ms Justice Lengalenga set August 20, 2013 as a date for hearing of the full judicial review.