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Attorney General Mumba Malila succeeds in blocking Silvia Masebo tribunal

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Tourism and Arts Minister Sylvia Masebo
Tourism and Arts Minister Sylvia Masebo

The Attorney General Mumba Malila has succeeded in blocking the appointment of a tribunal to probe Tourism and Arts Minister Sylvia Masebo for alleged misconduct. This is contained in a letter written to William Harrington, dated November 20, 2013 by Acting Chief Justice Lombe Chibesakunda.

In the letter, the Acting Chief Justice said that Mr Malila had appealed against the Judgement of Justice Dominic Sichinga and an Order of Stay was granted. As a result, the tribunal can not not proceed.

“I refer to my letter dated 15th November, 2013 on the above subject matter. This serves to inform you that the Attorney-General has appealed against the Judgment of Hon.Justice D.Y. Sichinga and an Order of Stay was granted, so the Tribunal cannot proceed,” read the letter

Mr Harrington had obtained a judgement in his favour after seeking judicial review in the High court over Ms Justice Chibesakunda’s decision to appoint a tribunal to probe Ms Masebo.

Justice Sichinga had ruled that Mr Harrington had the right to be heard through a tribunal against Ms Masebo in the matter in which she is alleged to have abused her authority regarding Zambia Wildlife Authority (ZAWA) operations.

Mr Harrington has said that he is determined to pursue the matter to its logical conclusion. He said he was waiting for his lawyer to obtain the ex-parte injunction afterwhich he would advise him on the way forward.

“As of yesterday, my Lawyer had not yet received the ex-parte injunction but upon obtaining them, he will advise me on the way forward.

“I am determined to pursue this matter to its logical conclusion so that Mrs Masebo is not denied a chance to exculpate herself from corruption and abuse of office in the public interest, ” Mr Harrington said.

63 COMMENTS

    • This Group is leading as nowhere…PF is now applying the law of the juggle…our economy is now hey wire cos their focus is just survival……we are going nowhere with this PF….Killings(each other) and just running the country like headless chickens…..where are you going you guys? You are just wasting our time.

    • so this `blocking` of the tribunal case will end up being handled by acting chief justice chibesakunda,, the same person who appointed the tribunal in the first place… i dont understand,, and how does malila challenge the acting chief justice from the highest court in the country???

      And how far is judge chikopa`s tribunal??

    • In whose interest is the Attorney General acting? Is is tax payers monies that will be used in this appeal process? I keep thinking Zambia has reached rock bottom but we keep digging.

    • Clearly this is a Justice System based on “tossing coins” and calling “Heads” or “Tails.”

      On one hand, Chibesakunda is saying; I approve to have the tribunal on Masebo. On the other hand, she’s sayings: I shall oppose the notion to probe Masebo.

      The Justice Minister (Kabimba) studied law and forgot everything from his head, the last day he walked out of UNZA. Which itself, has made it impossible for him to have won a single case in his 35 years career in the Legal Fraternity. Or rather does not understand matters regarding the Law.

      Again, as for Chisebakunda… Well its like having “Soil Erosion” where all the manure in soil or grounds has been eroded away by running wall from the rains. She has nothing left her and besides she does not even qualify to be CJ.

    • why is it that when judgment is in favour of govt you get upset?

      Are you the same people that have been celebrating each time those three former judges won their court battles to stop the tribunal set up by the President?

      Isn’t Sylvia entitled to the same due process under the law as everyone else?

      Lets be fair with each other

    • There is no justice where a witness is determined to hurt someone. Wicked people love the taste of evil. (Proverbs 19:28 GNB)

    • i thot i was the only one who has a crush with her. I love this lady. If she was to give me a chance to talk to her face to face kuti naipompa trying to win her heart

    • I would like the women of this country to comment on the performance of their fellow women occupying key positions in this PF Govt.
      1. Judge Chibesakunda
      2. Stella Libongani
      3. Mbawhe
      4. Police commissioners in the provinces
      5. Nkandu Luo
      etc etc

      From the performance of the above individuals, can this country have a female for a president?

  1. Too much legal jargon in this article…. you journalists are supposed to simplify your articles for all to understand now I have to telephone my friend this evening who is a lawyer so she can explain to me.

    • In simple terms, Sichinga had passed judgement in harrington’s favour that The acting CJ should have constituted a Tribunal to probe the corruption against Silvia Masebo under the Parliamentary and Ministrial code of conduct. Judge Sichinga was literally ordering the CJ to do her duty or job as required by the law. Upon being reminded of her duties by Judge Sichinga that she was denying Harringstone his right to bring Masebo before a Tribunal, the CJ woke up from her slumber and appointed a tribunal.
      However, The State has challenged Sichinga’s judgement. In whose interest this action is, we do not know! The CJ has therefore been stopped in her trucks but it is just a matter of time. Govt also wants to tire Harrington and empty his coffers with this action!

  2. If an order of stay was granted, then it must have been a very well known fact to everyone involved and they they knew what exactly that meant, therefore, I dont see the essence in which the “go ahead with the Tribunal” came from unless otherwise, it was to impress someone who in this case are those that want to hear sweet music. I actually didnt want to disclose this but couldnt just ignore it though am sure we havent heard the last of this affair.

    • @cindy
      look at this,, there is something is fishy here
      Acting chief justice chibesakunda appointed that tribunal,, if there was doubt or any shaky grounds, she would no have appointed the tribunal in the first place..
      and eventuallly this case will end up in the hands of the same acting chief justices

    • @cindy
      A stay of execution is an order of the court that needs to be respected and as you correctly observe, the CJ did not need to write to the petitioner advising him of the stay since he is represented. One wonders whether the rules of engagement have changed.

      @ndobo,
      If you have followed this story closely, you’ll recall that the CJ had initially refused to set up the tribunal stating that the matters in the petition were trivial. She only appointed the tribunal when the petitioner got an order of the court in his favour. Let’s wait for the result of the hearing since a stay is just a temporary remedy!

    • @ Ndobo,
      Why are they all dragging their feet in the mud? I also have a feeling that Zambian politics are all about revenge. Can there ever be a plain clean field for politics so that the young generation are motivated to participate in building up the country? I admire the Norwagian way of grooming up youths in politics. This is a very good system because then they start serving the people knowing what it entells, I wish Zambia could reach that mark, it can be achieved though…. there is always a starting point for every thing, that means thorough research on how to go about it and a very strong set of principles to follow for membership including a certain meaningful level of education.

    • @st . jude
      Thanks for your comment sounds mature and fair
      @cindy
      Zambian politics is stranger than fictions,,, yes its about vengence,, emotions, it tribal,,
      come to look at it closely,, if you cindy today stand up and say that Dr kaseba should take over PF instead of kabimba or GBM because she is a relatively good choice in all areas,, those cadres will come after you with pangas,, how do you explain that?? its like writting wrong answers in an exam for you to pass
      look at chipimo,, great guy those are people we should debating about in Zambian politics, but people are not emotionally attached him,, so its a unstarter

      Not only norway,, sweden has some youngster MPs.. as Zambia we need to do alot to change that backward thinking

  3. Kudos to Harrington. But lets not be mad about the latest devpt without contributing to the cause being advanced. These noble causes are becoming far too heavier for William to bear alone for the good of the nation – we all share in these injustices. In honor to the brave man, I propose we create a Harrington Fund to champion national matters against instances of ill-governance. Helloooooo?

    • Make a move brother and we sure will join you. If you or someone in Lusaka deposits a startup donation to account so ‘n so at bank Chanso’n so we sure will join in at least I will.

  4. But why shield her if she is right?! Some of these actions by govt raise alot of suspicions now.Are they supporting corruption and abuse of office or not? Can any rational person look at this govt and say it has ‘zero tolerance’ against corruption? Is the public not entitled to know the truth ?

  5. so, in short the government does not want Masebo cleared of these allegations hence the blocking of the tribunal? Am failing to understand the logic here…..

  6. How many people did you shield when you were in power.If william banda is now without sin becoz he is part of you ,why then shud you get concerned.Wait until she is out of power,then you will make a move on her.

  7. What a scam PF government is! It is shocking to read headlines everyday.Zambians really fished in the sewer for this government!

  8. This is nothing but a government of tribalists and criminals. It has shielded the criminals that defrauded DBZ of $7m. Appointed a Malawian parasite of a judge to fix the patriotic judges who ruled in favour of the people against a criminal cabal. This Nyasalander is still in the country at taxpayers expense. Then we have the so called Justice Minister or otherwise a leader of one faction of the PF panga wielding militia whose been protected by the President from facing the ACC concerning corrupt oil deas! And now this about this corrupt Tourism Minister ! Be reminded that you wont be in power forever! PF criminals!

  9. @ INDEPENDENT OBSERVER

    Good observation and insight. on 35 year of Kabimba’s practice. Just thinking maybe was handling cases like Masumba’s and mpombo’s were you cant even mitigate on behalf of the client as the charges are embarrassing and evidence again is too overwhelming.

  10. Cindy for sure I was coming after you when I saw you spelling entail the wrong way and glad you corrected yourself. But you know my sister I love you and I mean no harm. Just happy that you actually do listen unlike most of the bloggers. I have seen now that you are capitalizing the ‘i’ which is good. Way to go sistele!

  11. IN the chikopa tribunal, the government officials are saying that the three judges should clear themselves of allegations levelled against them and I thoughts the way to go about but alas,this time they don’t their own to clear herself.What’s this?Please lead by example.

  12. There must be more sinister motives that the PF Govt is trying hide from the Zambian public. If Masebo was indeed innocent, they could have just allowed the Tribunal to conduct its judicial investigations unimpeded. Sooner or later, the crash will be explosive and disastrous for the A-Team.

  13. As for me, I really pity those who voted for PF and even have hope in this knavery. When you have a government that gets so many things so wrong from appointing higher number of MPs to filing court injunctions against itself, you have to thank God that we do not have a nuclear weapon or else it could be accidentally detonated on the citizenry at large. If this was a dream, I would request to be woken up on January 1, 2016 so I start foot soldering to at the very least rid my constituency of the political malignancy and angiogenesis activated by PF since 2011.

  14. This is just an allegations which needs to be put straight through the tribunal. Why is AG acting for Ms. Masebo at this stage? The tribunal is not a court. Can’t the AG stay away for now?

    • AG is siding with with Masebo.why?
      bunch of criminals GOD will deal with you soon. Just repeat before you are caught up with abusing of your position.

  15. It is a shame that justice can be denied by a bunch of crocks. how can mumba malila be protecting mumba malila should resign immediately before we ask God to deal with you.

  16. Why do men think every woman is a sex object? From the lewd comments above to the no of votes for them one can deduce most men only see sex in women of prominence such as Dora and Sylvia. I don’t see similar comments for male newsmakers. This suggests society accepts female sexual abuse and may be explains the high incidents of rape in Zambia

    • White Mama – to understand the behaviour of man regarding sexuality please study male animal behaviour. Animals and man are not very different though the latter tries to exercise greater self control . For us to procreate Man must ‘chase’ after women. It is nature!!

    • That is but a lame answer ba Mike. Procreation involves two sexes women and men so why should only one chase the other? besides slow mama’s question is about abuse not sex. in this case abuse of women in prominent position s

  17. Indeed. Why wasn’t the injuction filed by Masebo herself or her lawyers? But then we would still ask as to why she doesn’t want clear herself, whichever way? Just thinking deeply, is the tribunal against Govt for AG to act? This must be abuse of office for AG! And we thought the injuction is just served, does the CJ need to write? Why is the Justice Minister seemingly in the picture, is this not abuse of office? I do need to be lawyer to see all these flaws? LAZ, make atatement on this matter for public interest.

  18. Only my Father in Heaven, who is Jehovah God Almighty has a final say over the happenings in Zambia. May Jehovah heal this land. There is so much dirty and may God bring someone who is going to be used as a channel of healing.

    II Chronicles 7:14 If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.

  19. Just Law at play guys. The CJ is obligated to set up a tribunal when petitioner satisfies the legal requirements. The CJ was not supposed to say ‘no’. She said ‘no’ because her intent was to protect Masebo (an individual) but not the Zambian people (the Law). It took Judge Sichinga to remind the CJ that she was wrong in her action – CJ lost round one. The only legal way Masebo could be protected this time around is via an injunction. Their prayer is that this will be protracted! Integrity in Zambia is a rare commodity – the CJ is supposed to protect the Zambian people NOT individuals! Because of this nonsense of protecting individuals, we have plenty cases against our former leaders.

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