The continued acting of Madam Justice Chibesakunda as Chief Justice lacks integrity and obviously there is bad faith on the part of the President, aided by the PF Minister of Justice. But while we blame the President for the omission, Zambians may begin to ask whether the Honourable Acting Chief Justice is not a willing accomplice!
Events immediately preceding the postponement of nominations for the three constituencies involving Honourable Mwale, Siliya and Sililo point to questionable conduct by the Minister of Justice Hon Wynter Kabimba, which require a truthful answer or answers by the Minister. Barely hours after he threatened to “engage the court” the Judiciary Public Relations Officer made that infamous statement that has been disowned by the Attorney General. This was immediately followed by the Acting Registrar’s statement, also disowned. As indicated in a previous statement, Minister Kabimba should be cross examined on oath to establish what process he initiated and whom he had audience with at the “court”. And what about the Solicitor General’s Opinion rendered to the PF Secretary General? Unless and until he does so, speculations will continue that it was the Acting Chief Justice he consulted.
The statement a few days ago that Madam Chibesakunda herself attended to and allowed the application by the Attorney General has not been repudiated; if it is true it is worrisome for one would ordinarily NOT expect the Chief Justice to hear a single judge application when there are other junior Supreme court judges. In this instance the process requires fairness and transparency. The axiom that “justice must not only be done but must be seen to be done” is very much at play here. Currently there is a pending contempt case involving MMD President Dr Nevers Mumba in which he was accused of making certain statements against Madam Chibesakunda. Although she is not on the panel hearing the case, the waters are still muddy. Further two of the three successful petitioners at High Court level are MMD MPs who also were successful in their Judicial Review application. Then there is the questionable conduct of the Minister of Justice, who has yet to tell the truth about whom he spoke with immediately before the lightning speed ruling emanating from the “court”. And now Madam Chibesakunda has herself granted the appeal and stopped the nominations of Siliya et al. Who or what is driving this hitherto unseen enthusiasm in a case? Surely the public require answers even before the hearing of the case because these are NOT empty speculations. The circumstances are at par with the Nixon tapes; there is a smoking gun and someone is really worried that the gun may be found. This Chief Justice saga will go down in Zambian judicial history as the scandal of the year!
It is not funny to question the highest court in the land; we must put an end to these unpleasant developments which continue further to erode public confidence in the judiciary. Rights of citizens must not only be protected and defended but must be assured by an independent, impartial and untainted judiciary and court system. The conduct of the Minister of Justice does not bring forth such confidence. Minister Kabimba has failed to justify the continued acting appointment of Madam Chibesakunda or make a convincing case of the apparent abolishment of the office of substantive Deputy Chief Justice, when there is a substantive holder of the position in the name of Madam Justice Irene Mambilima (of this later).
Since the Acting Chief Justice will not step down on her own, the only honourable step for her to take is to recuse herself from the case involving the three Honourable MPs namely Mwale, Siliya and Sililo.
We demand and continue to call upon the President to correct this self-created judicial scandal of the year forthwith by submitting another name to the National Assembly.
By Godfrey Miyanda
BRIGADIER GENERAL,
HERITAGE PARTY
[10TH SEPTEMBER 2013]
Everytime I hear that name I cringe and feel sadness at how some Zambian women are taking Zambia backwards.Its amazing and sad how they don’t think of their children.What kind of legacy are they going to leave behind? Well done Gen Miyanda keep the pressure up and be the voice for the voiceless but may more people raise their voices too.
she enjoys constitution rights to act for some good 7 years. If you cant bear that, go and commit suicide
This noise maker is full of speculation and lies. It was not Chibesakunda who granted the appeal. It was Justice Mumba. Check your facts General stop bothering us with rumour mongering. There is no law that says ACTING SHOULD NOT BE MORE THAN 6 MONTHS as you try cheat people.
Madam stay put until these haters without legal brains suffocate with envy, anger and frustration. The law is on your side. Somebody show me where it says that for one to act, there must be parliamentary approval.
The issue here is the principle of Judicial independence (under the concept , independence of the 3 arms of the state, such independence not possible under a contracted chief justice- Lombe Chibesakunda) . Also the AGE issue and these double standards, the law bars her from holding that position.
If her age is not an issue then why was Chief Justice Enerst Sakala removed from office with regard to the SAME Article 98, which states; (1) Subject to the provisions of this Article, a person holding the
office of a judge of the Supreme Court or the office of a judge of the
High Court shall vacate that office on attaining the age of sixty-five
years:
And where is SC Sangwa now-principles don’t change, or he is a hypocrite since the tide has “changed”.
The issue here is the principle of Judicial independence (under the concept , independence of the 3 arms of the state, such independence not possible under a contracted chief justice- Lombe Chibesakunda) . Also the AGE issue and these double standards, the law bars her from holding that position.
If her age is not an issue then why was Chief Justice Enerst Sakala removed from office with regard to the SAME Article 98, which states; Article 98 (1) Subject to the provisions of this Article, a person holding the
office of a judge of the Supreme Court or the office of a judge of the
High Court shall vacate that office on attaining the age of sixty-five
years:
And where is SC Sangwa now-principles don’t change, or he is a hypocrite since the tide has “changed”.
I am fed up with this Alice Lenshina woman
this old dinosaur woman should have morals..viva Gen.Miyanda….
This woman needs deliverance!
Gen. Miyanda a Lap top critic. He was very popular, People wanted him to be president. he campaigned well. but after elections he went under and switched off his phone. Many people wanted to join his party but he was no where to be seen. He could not organise his party until Mwanawasa even grabed his MPs ”pantu bale onaika fye” Now he is a champion talking as if Chibesakunda has never been to a Law school, and yet same People talk of women in positions of decission making.
Don’t criticize the character but the issue. You are lost in emotion without reasoning. Gen Miyanda is spot on. Viva the General!
Looks alike with Sata, why cant she just resign on her own?
General Miyanda was going to lead this country at some point had it not been for Chiluba chasing him out of MMD for openly criticizing his 3rd term agenda.
Which public, iwe Miyanda? You have no discernible niche in Zambia. The only past- time you engage in is howling at every opportunity, without anyone taking you seriously! Shame on you, failed politician!
the ‘home alone’ tag fits him well.
Is this the Gen Miyanda who together with others wanted take power from super ken in the early 80s? i was young if someone can educate me that history.
yes he is the one.
in fact he ran away to congo dr, then known as zaire, with the help of the late remmy chipili. unfortunately he was caught and extradicted back to zambia and was thrown into prison where he was badly tortured by kaunda.
the rest is water under the bridge.
Not welcome, Sorry.
General please don’t mind negative comments coming from pathetic pf kaponyas who support any thing done or said by pf without analyzing it. General you always talk sense.
What you have exhibited here is the very kaponya kind of mentality!…which law as your useless General quoting!
Is she one of those begging for help on the streets of Lusaka from the general public. I can’t see her eyes
Lousy news again, always boring us with repetition of uncircumcised news, whats wrong with these people, go to kwa kalingaliga, matero, Arcades, manda hill, hospitals, soweto, work places, muchinga, mafinga hills, in the nigt clubs, national parks, churches, on Face book, Twitter, schools, crash weddings, i dont care how, where, just go find that news thats why you get paid, who taught you in journalism school? You only concertrate on Lusaka, western province, Muchinga, kasama chief Ribs Mpezeni, C/B, HH, HMSCs, Kaseba, Nervous, Nchito and company, HR and Kalu together with Disaster? Weather Kabs,and other un interested articles and pipo.
Ba Cindy bena. Awee mwandi lwalinya!
finished politician
But the Judge who attended to that was justice Mumba. You seem to be hell bent on bringing down this woman. The other time you had a show with justice minister Kabimba over the same and again you are back on it.
I have never heard you being critical on the MMD and RB’s corruption we saw towards elections as you are on madam justice Chibesa Kunda. Why? Do you support corruption or is it a matter of wako ni wako? Why the silent on such important issues. Why. I’m now doubting you.
In your opinion is the MMD corruption we saw less important than the Chibesakunda issue you seem to spend sleepless nights.
Ba Miyanda where is your political party? I only hear about you . I don’t hear about your party even in bye elections.
RB has no corruption cases. RB’s are tramped up charges that fake Summer and Job have failed to prove in their own courts.
PF have always said they are a strong party. How come they dread Dora, Mwale and Sililo this much? Borrowing Wynter’s words, “PF will appeal against the HC ruling regarding the trio”,….not Zambians, proving the trio cannot be defeated by PF.
Then in 2016, PF will lose all their parliamentary seats and the presidence.
Will some one tell us that Chibesakunda did not go to a Law school. then wew shall agree that she is not fit. Most of you have advocated that women be given positions. here is Chibesakunda as acting Chief. People are again shouting on top of their voices
Madam Chibesakunda! Insoni ebuntu… sha…
I you lose credibility, it is better to resign honorably rather than forcing matters.
If you lose credibility, it is better to resign honorably rather than forcing matters.
Gen Miyanda is 100 times a lawyer more than Summer.
My worry is that most of those critising Miyanda cannot discern what he is talking about. The law qualification is not an issue here but rather her age. For those who are saying she qualifies to be acting state what the constitution says. If it is true that her age is not an issue then let us also question why Justice Enerst Sakala was removed. I think we should be above insults when debating. The General has raised issues and it is those issues we should be attacking. I really feel bad for my nation in that intelligent debate is frowned upon. People would rather engage in Kaponya type of arguments that reasoned ones. This is sad! And I think the Justice Minister is a promoter of such shallow mindedness in that he does not present himself as an intellectual.
@Mamen, You are 100% right, Zambians are a very different Spies on this planet. Most Zambians don’t take time to read and articulate on serious issues, very quick to post unrealistic useless comments. Let’s look at the legalities as much as we would want to power our women. Does she truly qualify; You mean we don’t have other Ladies who can take over this position. How long would someone act? Our Zambian LAW experts on this blog, Can you clarify some of these issues?? Gen Miyanda has facts. As Zambians we should learn to question these issues. Why should our country always lag behind?? Its because of the way we think. You can see it from some comments that bloggers post. Get serious, wake up. It’s your country and no one will correct it for you.
Not wishing to be tribal but why is that most people condemning the general have Bemba names? Dullness coupled with arrogance must be genetic.
LAZ is as well against this acting!
These are the” learned” men and women of the land who are complaining.
So all those against the General are hired bloggers and we shall stick to the truth-Banakulu chimo ne ule.
Acting chief Justice Chibesakunda is a nincompoop who has branded our women dull and stooge!
Yaba. You are all wrong! Can’t you see how Sata is moving Emmanuel Mwamba. He will be next president. Very sharp young man.
Yaba. You are all wrong! Can’t you see how Sata is moving Emmanuel Mwamba. He is the next president. He is a sharp guy.
The issue is not qualified or not.This issue is what does law state about who should be CJ.Age is one factor,acting another.We can maybe compare to the employment of defence personnel, i am sure you can not be employed as an officer cadet at 40 yrs.And acting, there is a limit on long you can act.I remain to be corrected.Otherwiae all this is like a scheme to give PF an upper hand in court cases.
when you dont get the judgement you want then she is not qualified,when you win a case then the judiciary is independent,which is which.losing a case is always painful
lets learn to accept the out come of the cases that is bottom line here.
Anyway REAL JUSTICE COMES FROM GOD
Lets change the constitution,BY VOTING THE CHIEF JUSTICE THROUGH THE GENERAL ELECTION
On top of all the other reasons why Chisebanyakunya does not qualify to be chief justice, surely the fact she is a close relative of the republican president should mean that she should not occupy that seat? How do you expect her ugly self to be impartial in her judgments?
Leave the CJ ai alone mwe mpombo ba kabalwe