Wednesday, May 22, 2024

Court rules in favour of Justice Musondo, Chikopa tribunal ordered to halt hearing immediately


Judge Philip Musonda
Judge Philip Musonda

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.


    • These are just delay tactics, we will resume sitting after the judicial review fails. There is no running away from justice. The truth and justice will triumph at the end.

    • I am really wondering what it is that Musonda is so scared of.

      When the long arm of the law eventually catches up with him, he will be paying costs, including Chikopo’s accomodation and upkeep. Best to just have the tribunal and prove one’s innocence, if at all.

    • Its not fear, it’s the probability that a decision against Mr. Justice Dr. Musonda is a foregone conclusion.

    • iwe bantu sure,,, people who brought chikopa can see that it was a mistake form the start?? instead of wasting everyone`s time just smuggle/sneak out chikopa in the dark of the night to malawi and keep quite

  1. CHIKOPO, CHIKOPO, CHIKOPO – How many times have I called you!! You and Lombe Chibesakunda will Individually pay back all that’s been spent on you in emoluments and all expenses. We will hole you back from your Poverty Stricken Nyasaland.

    We have on many occasions told you to go back to Nyasaland but you think it’s Child’s play. You will pay back our Money with your sweat!!!

  2. Do you think chikopo and pf will respect our court orders. chikopo should go back to Malawi. next government should cage pf leaders for abuse of power

  3. In the interest of sustained good relations between the peoples of Malawi and Zambia, the Malawian Government must immediately recall its citizen, Judge Chikopa to return to his home country. Chikopa’s continued covert legal activities against the judicial system in Zambia will sow permanent seeds of mistrust of the Malawians by Zambians. History will judge the current Malawian President Banda harshly. Chikopa must go home.

  4. These are issues that send sata for medical review because his heart fails to take pressure.
    1.Chikopa tribunal
    2. Installation of Chitimkulu
    3.Losing bye elections
    4.Failure to shut ZWD

  5. This is real drama, Satas legal advisors are dull coz they should have seen all these things anyway, this all crap is politically motivated driven by hatred btn M’membe, DPP & the judges in question.

  6. Some day soon all these will fall in their rightful places. The beauty of time, it knows no favors. Some people will soon learn how to respect time, for these storms are just but passing by.

  7. It’s not long ago under the MMD rule many were complaining about a questionable Chiluba acquittal being announced by Mr Banda in Kabwe even before judge Chinyama had announced the verdict. The judicial was called corrupt to the bone. Now just 22months the same people who were calling for cleansing the judicial are unhappy with the tribunal. The three judges are free to challenge the tribunal and its part and parcel of their rights. The judge rules in line with the law, people you call a slap in the face of Sata. Actually it’s not Sata but you the public. If there is nothing to hid or fear of the three judges would have gone through this tribunal without any worries. If the people who are suppose to uphold the rule of law are corrupt to the bone where does it leave agents the police?

    • politics of the stomach,not too long ago dc musonda was blamed da way he handled cases.
      y can”t he jst allow da tribunal to clear him if at all he is clean.

    • if in zed we had pipo who could think like u dc country could ve been better politically.
      pipo we blamed jst 22 months ago,are now daring to sum pipo,who thought Fr Bwalya can support R B to day

    • The issue is simply that, there is NO CHANCE WHATSOEVER THAT THE tribunal will be impartial! no fair minded person truly believes that. The MANNER in which the tribunal was constituted MORE THAN CLEALY demonstrates that the result is PREDETERMINED. That is the reason it is being fought so vigorously.

      It is NOT about the three Judges fearing to face justice. It is about participating in a process whose outcome is already PREDETERMINED!!

  8. Why blame pf or the President who even has allowed all those involved to enjoy their rights? lnstead of looking at a big picture and see that the judges are running away from justice using useless laws u say “a slap in Sata’s face”. I di ot s!

  9. Musonda and friends are just wasting their time. They know what they did corruptly and hence their deadly fear. These guys were busy abusing the judiciary but today they are living in shame and fear. No one is above the law, the judges inclusive. I wait for that day when Musonda shall have no place to hide from Zambians. All what he did shall be known.

    Peace and Prosperity to Mother Zambia.

  10. Bravo Judge Musonda. Why should we waste such amounts of money just for one person who refused to pay back the loan he got?

  11. People we all know that the judiciary system in Zambia is rotten to the bones.The best would have been to cleanse it from the chief justice to the lowest person in the system.To me it appears to go for the three judges is just total revenge for something they could have done at some point in the course of their duty as it makes it appear that they are the only corrupt judges.It also shows that our judiciary is not independent.

  12. VIVA justice!! Tyranny, injustice and fake trumped up charges presided over by a failed ‘achimwene’ has failed to murder justice.

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