Retired Supreme Court Judge Phillip Musonda has submitted to the court that he can not be subjected to a probe through a tribunal for the purpose of advising the President on how to handle future resignations.
But Attorney General Mumba Malila has insisted the need for Dr Justice Musonda to undergo the probe saying his resignation from office does not mean the complaint of his alleged misconduct also ‘dies’ as recommendations of the tribunal might help the President to deal with similar situations in future.
Dr Justice Musonda said the intended continuation of the tribunal hearing against him even when he had resigned was a deprivation of financial resources at the expense of subjecting him to vindictive, oppressive and depressive hearings.
He said the tribunal had so far acted outside jurisdiction by entertaining charges outside the Judicial Code of Conduct which the Constitution decreed as the regulator of judicial conduct.
Dr Justice Musonda said in his affidavit in reply to Mr Malila’s submission that there was no jurisdiction left for the tribunal to exercise following his resignation.
He said it was not the mandate of the tribunal as a disciplinary body to inquire into the conduct of non-judicial officers like him as defined by the judicial code of conduct.
He said if the tribunal was allowed to continue, it would amount to it overriding the consensual removal from office between him and the appointing authority since the tribunal’s mandate was to recommend removal or not to remove under Article 98.
He said it was not the mandate of the tribunal as stated by Mr Malila to advise the President on how to deal with future resignations but to recommend whether or not he should be removed as a judicial officer from a position that he no longer holds.
Dr Justice Musonda said the right to resign was a constitution right which could not be taken away from him by the tribunal adding that as a non-judicial officer, he could not be subjected to a disciplinary hearing when he was no longer in employment nor for the purpose of advising the President on how to handle future resignations.
He said the responsibility of advising the President on legal matters lay with Mr Malila and not even the Supreme Court.
He said it was not correct for the Attorney General to state that there is no relationship between the matters before Ndola High Court Judge Mwiinde Siavwapa because some issues which he has raised had also been raised by High Court Judges Nigel Mutuna and Charles Kajimanga before Mr Justice Siavwapa.
On the issue of Mr Malila issuing a statement to the media that Dr Justice Musonda’s resignation had pre-empted the existence of the tribunal, the retired judge said Mr Malila was bound under the doctrine of legitimate expectation and believed that government through him was barred from holding the inquiry against him.
Is that a poodle in a Judge’s gown? only in Zambia
No, it is a Nubian Princess.
This matter is not about corruption in the Judicially otherwise the President could have set up a commission of inquiry to look at how the judicially could be reformed. This tribunal is meant to character assassinate the Judges that ruled that those that owe Zambian tax payers 14 billion kwacha should pay back. Through this tribunal, Zambians will get to lose out since those that owe 14 billion Kwacha will not pay back because they will claim the judgement was done by corrupt Judges. Wake up and see through the scheme.
why did he resign if it just gave an advice to the president? was it Rupiah Banda, you are in.
You missed the point. read the article again.
U missed the bus, sorry
May be someone was doing the translation for you and you failed to understand the facts Dr Musonda is bringing to the attention of the Attorney General. We are getting tired of reading useless statements from people like you who cannot think. Did you read about RB in Dr Musonda’s arguement with Mr Malila? Go and join the fracas going on in the PF where the majority of party cadres think like you.
Before the tribunal was constituted Judge Phillip Musonda didn’t even think about resigning despite calls for him to step aside following the controversial acquittal of late FTJ. I am sure any right thinking person would conclude that the Judge has skeletons in his closet. Just saying
Judge Musonda had requested to be retired but the President refused, he still reserved the constitutional right to resign and he did. It is clear that the tribunal was not set up in good faith, even the supreme court had observed that continuing with the tribunal will not be appropriate since it will raise a lot of matters that border on the constitution. It has became obvious that the tribunal is not meant to cleanse the Judicially but to reach at a conclusion that will make the judgements against those that owe 14 billion Kwacha null and void by claiming after the tribunal concludes that judgements against them were tainted by the misconduct of the judges as proved by the tribunal, through this tribunal Zambians will not recover their 14 billion kwacha. May zambians please wake up!
Mr. Update
Read the story critically. You have missed the Judge’s argument on advising the President on how to handle future resignations.
who doesn’t know that this Judge was corrupt, he is dirt with money from those Indians who were killing each other. he was a lover of brown envelops. Thank God Sata came. Abash corrupt judge. Go to the farm.
No matter what this judge did it was wrong for sata to go and bring some ***** from Malawi to and handle a senior supreme Court judge when stupid chikopa is just a high court judge who would accept this? Chikopa needs to be taking his medications from Malawi not zambia that is why there are shortages of ARVS.
give the keyboard to your son, maybe he may sound intelligent
@Sata. Contribute positively, may be it’s you who is on ARVs baba!
Corruption! Corruption! Corruption! Yes, it’s real in Zambia. Ba Judge, why putting up protective tricks if u’re clean? If u’re, aveil urself to the tribunal and come out clean, then the accusers will be ashamed! U are fearing that those tumabrown evelopes will be reviewed ka!
Why do Zambian judges continue to wear outdated colonial wigs when our climate is so hot most of the year? Most countries have done away with the practice of wearing polar bear wigs. If they can change a simple thing like a polar bear wig then we can have confidence they are able to reform to the current status quo like in other countries. The British want you to change but they themselves are allergic to change. Napwa.
Direct your question to the Litunga in the Western Province.
The court rooms are air conditioned. Do you know what an air conditioner is?
IF THE COURT RULES IN FAVOUR OF THE STATE ON THIS ONE WILL DISPELL CALAMITE. JUST IMAGINE THAT THIS WILL GIVE YOUR FORMER EMPLOYERS OR MORE CLEARLY COMPANIES YOU HAVE WORKED FOR IN THE PAST TO WHICH YOU HAVE NO RELATIONSHIP WITH WHATSOEVER TO CONVERNE A DICIPLINARY HEARING FOR YOU? TO SAY MALILA’S ARGUMENTS ARE STALE BY A COMMON ENGLISH LUGUAGE WILL BE TO GIVE HIM TOO MUCH RESPECT BUT HE IS AN “URLAGE” BAD ALCOHOL HIMSELF. THE MAN DOES NOT MAKE SENCE AT ALL. THE TRIBUNAL FOR JUDGES IS THE SAME AS A DISCIPLNARY CONDUCT FOR US EMPLOYEES AND ITS FROM THERE THAT DESCISION TO FIRE OR OTHER WISE ARE MADE. TO SAY AN EX EMPLOYEE CAN BE SUBJECTED TO THIS IS SIMPLE MADNESS AT ITS BEST WHICH CANNOT BE TOLARATED EVEN AT CHAINAMA. WHERE IS THE PRINCIPLE OF PRIVITY TO CONTRACT?
Since this judge has already resigned and no longer answerable to anyone, he should let this tribunal to go ahead. But he should ignore the CALL OUT, let him not attend.
waste of gvt money, send chikopo back and arrest nchito…simple
I can see some bloggers are really back with a bang. As a matter of fact, if you know what can save why not go for it. The law is clear, once you not in the systems, then out of the game. Play it smart and winangu a zamwalila.
Why is it that when ‘fine’ lawyers like Mumba Malila become dull when they work for the govt? His reasoning is useless and has no legal backing! What nonsense, holding a tribunal in order to advise the president on how to handle future resignations! Absolute crap! It seems the moment these guys join boma, they stop researching. Who would believe such crap is coming from Malila? Very disappointing. These guys will continue losing cases at high court level, which is why they need old Lombe at supreme court level to overturn tables.