THE State has filed a memorandum of appeal in the Supreme Court against a Ndola High Court ruling which held Lovemore Chikopa, chairperson of a tribunal constituted to investigate alleged professional misconduct by three judges, for contempt of court.
This is a matter in which lawyers representing two judges Nigel Mutuna and Charles Kajimanga filed committal proceedings for alleged break of the court order by Justice Chikopa.
The Ndola High Court had ruled that Justice Chikopa should answer to a charge of contempt of court and explain why he should not be sent to jail or suffer other sanctions for disobeying a lawful court order.
The State submitted that a committal could not be enforced in the absence of a penal notice which Ndola High Court Judge Mwiinde Siavwapa dismissed.
But Attorney General Mumba Malila has appealed against this decision arguing that the trial judge erred in law when he said there was no requirement of a formal penal notice where a party seeks to commence committal proceedings.
Mr Malila argued that the trial judge erred in law when he decided to exercise his judicial discretion to dispense with the requirement of the endorsement of a penal notice on the order retrospectively.
The State further argues that the trial judge erred in law when he delved in substantive issues regarding contempt, which issues were clearly not for his determination at that stage.
In his ruling, Justice Siavwapa cited Justice Chikopa for contempt of a lawful court order for which he was required to appear before the said court and show cause why he should not be sent to jail.
Last year, President Sata appointed the Justice Chikopa-led tribunal to investigate the alleged professional misconduct of the two High Court judges and Supreme Court judge Phillip Musonda.
The tribunal has since been contested by the three judges.
Three people, High Court judge Albert Wood, High Court acting registrar Chilombo Phiri and State Counsel Nchima Nchito have so far made their submissions before the tribunal.
The Ndola High Court granted Justices Mutuna and Kajimanga a stay when they questioned the legality of the tribunal.
No, can’t be true!! Is Chikopa a Malawian Judge, since when? Where is the Injustice Minister to tell such a man to appear before courts? Who the hell employed Chikopa, such an employer need washed in jik, he must be a dirty-minded man.
Mu mangani uyu Chikopo!
That is why the State is panicking and seeking the intervention of the Supreme Court, who will of course rescue him. The arguments forwarded by Malila are the lamest excuse ever given in a court of law. A brilliant lawyer like Malila has been turned into a Chikopo. Group 3 like @Ndobo would say.
Looks like the state has so much confidence in the supreme court.Oh, thats where madam Chibesa is found.
I think Chikopa is the luckiest judge in Africa. I say so because i can imagine how much money he will have made by the time he goes back to Malawi,he will probably retire.This man is making free money at the expense of the very poor Zambian people what a shame.
Have you ever wondered why the three judges for which the tribunal was constituted keep fighting in court and not let the tribunal proceed?
democracy and its institutions are not cheap.
The sate oo state is the lawyer to chikopo ayi, by the way this thing called chikopo is a fool
With Phillis at the High Court, its a foregone conclusion!
The Devil has already schemed…..
Supreme court is where injustice Chibesakunda resides.
“Achikopa bwelerani kwanu kumalawi, mulikuba makobili athu muno mu Zambiya! Ife ndife amphawi”!
Popi I’ve told him in his natiive language hope he will listen and get back to his country!
AG, are you saying that in the absence of “penal notice” contempt of the ruling of the High Court becomes irrelevant?
It is a sad day for the Zambian Judiciary, rule of law and respect of the High Court only days before independence anniversary!!!
They should just give him citizenship now, I mean the guy has overstayed !
What you expect when you have a king cobra for a president.Back biting schemes like this are sure to happen. You all know how the snake is. SNEAKY.
Zambians should be questioning the one who brought Judge Chikopa to work as judge in Zambia as if the nation is without eminent lawyers, judges and chief justices. We should take Sata to task to explain this unproductive exercise with his colleague Chikopa. This is shameful on us as a nation.
Please remind us what are the misconduct issues the 3 are cited for?
@chabwingi….true, cases take so long in this country and one can easily forget what the judges are cited for.
As a constitent and honest Tax Payer, I demand to know as from which source is Mumba Malila getting the legal costs to defend the illegal activities of the PF regime and its appendages in the likes of Mmembe and Mutembo Nchito.
The count down is on and the whole team of Mafias will soon have to be answerable to the Zambian Tax Payers – come 2016. Why on Earth should a Republican President sink so low to defend Mmembe and Mutembo Nchito who dubiously, frivolously and fraudulently got our money from the Development Bank of Zambia. Would the Presidency, or part of it, or some elements of it, be considered as accomplices and beneficiaries to this naked fraudulent Project?
MAY GOD HEAR OUR PRAYERS!
When the godly are in authority the people rejoice.But when the wicked are in power,they groan. Pro 29:2
Can somebody tell me who is prolonging Judge Chikopa’s stay in Zambia? Democracy is not cheap. I demand Justice on the judges to be done. Its either they innocent or found wanting. In life one day you will be answerable on your actions you took. That’s how its works unless you die like FTJ and LPM (MTSRIP).Even Fred of the Post his day of reckoning is coming remember what happen with the media tycoons in the UK,so powerful but the principle of life was at work on them, no escape but down they went and appeared in courts, for cases we did not know were being committed by these guys. I think Judge Chikopa is ok our brother judges are not being truthful to themselves and to the nation.
No wonder lawyers are having it hard to pass the ZIALE exams.
YOU are very right.