The Supreme Court was yesterday thrown into disarray and uproar when it failed to deliver judgment after lawyers demanded that Acting Chief Justice Lombe Chibesakunda should recuse herself from sitting on the bench to hear two election petition cases for Zambezi West and Vubwi constituencies because of a conflict of interest.
The Supreme Court was supposed to deliver judgment in a matter in which the ruling Patriotic Front (PF) is seeking to bar former Vubwi Member of Parliament Eustacio Kazonga and former Zambezi East MP Charles Kakoma from recontesting their seats after they were nullified by the Supreme court although the High Court had initially dismissed the case.
It was a legal battle that saw the court return to the chambers three times with each resumption seeing a decrease in the number of the judges on the bench and finally the matter was adjourned after the bench was reduced to seven from nine.
The defence lawyers representimng former Vubwi MP Kazonga and former Zambezi East MP Kakoma strongly objected to the presence of Justice Chibesakunda on the bench who they accused of having an interest to protect.
The defence lawyers that included Jack Mwimbu, Cliff Mweemba and Lisimba raised preliminary objections against the Acting Chief Justice because the lawyers representing the ruling Patriotic Front (PF) were the same lawyers defending Chibesakunda in a matter in which the Law Association of Zambia (LAZ) is demanding her removal from the office of the Chief Justice.
The court was forced to adjourn to the chambers three times in the protracted battle to have Chibesakunda recuse herself and when she evantually left the bench, the number of the judges automatically reduced to 8, an even number that is not the standard in the Supreme Court because of the inherent difficulties in having a tie, over a judgement.
This forced another judge to leave the bench but the defence lawyers raised other issues arguing that the judgment could not be delivered via the seven judges who had remained and this forced the court to adjourn the ruling to within 14 days.
The defence lawyers argued that there was a clear case of conflict of interest as the Acting Chief Justices’ presence on the bench would introduce an element that would vitiate the impatial determination of the matter.
On Monday, President Ssta launched the PF campaigns in Vubwi and Malambo where he introduced the ruling party’s candidates for the anticipated by-elections in the two constituencies, despite the fact that the Supreme Court had yet to pass its judgement on the matter.
President Sata’s campaigns in Vubwi abd Malambo have been described as a breach of the Electoral Commission of Zambia (ECZ) electoral rules and the MMD has demanded that the Head of State be cited for contempt for knowingly breaking the electoral rules.
The United Party for National Development (UPND) has equally condemned president Sata for having launched campaigns in constieuncies that were still a subject of litigation in the Supreme Court and are wondering if the President was privy to the judgment that should have been delivered yeasterday had it not been the presence of Justice Chibesakunda on the bench.
The ECZ has also said President Sata had acted outside the rules governing the electoral process by going the Vubwi and Malambo to launch his campaigns when the Commission had not set the date for the by-elections in the two constituencies because they were a subject of a court process.
The Lusaka High Court had upheld the election of Kazonga but when the ruling party appealed to the Supreme Court, the seat was nullified.
[Zambia Daily Nation]
what is the remedy when the Head of state breaks the law or comes in conflict with law of the land?
Could MP raise the motion and start debating whether to remove from the said his immunity thereby dissolving themselves?
I think the alternative is to move a motion in parliament to impeach the President. But knowing the calibare of our law makers, that would be asking too much. Most of them are job seekers and would rather keep quiet than put their source of income on the line.
Shaka, you don’t MOVE a MOTION. Instead you MAKE a MOTION. Alternatively, you MOVE to (take action). Example, “move to approve the…” Or “…would like to make a motion to approve the…” Never move a motion!
Or if we had MPs that had the heart to see the rule of law upheld, he could be impeached in Parliament. They need not remove his immunity. But pa Zed ni kaya.
HE SHOULD BE IMPEACHED!!!!
Any news on DBZ 14b loan judgement?
@ ituntwe
ZWD reports that the DBZ has be referred back to High Court more like a fresh trial.
The defence lawyers that included Jack Mwimbu, Cliff Mweemba and Lisimba raised preliminary objections against the Acting Chief Justice because the lawyers representing the ruling Patriotic Front (PF) were the same lawyers defending Chibesakunda in a matter in which the Law Association of Zambia (LAZ) is demanding her removal from the office of the Chief Justice. Jack Mwimbu, Cliff Mweemba and Lisimba are they not the same defence lawyers for Kakoma and Kazonga. they should also recuse themselves .Both same lawyers took the matter to the supreme court. so are they telling the nation that they judges who will remain on the bench are already compromised and there were some exchange of rebased kwacha or their defense was weak. lawyers are just the same they will suck you to the bone marrow.
Illogical Logic
You are missing the point my friend.Chibesakunda is considered to be compromised because the lawyers representing PF in this matter are the same ones acting for her in the High Court.She could be considered as trying to act in favour of her lawyers in this matter.
Awesome….too dull to understand even simple cases like this one! Just watch puppy…don’t expose your ignorance!
in zambia its a muppet show at its best. this woman has no morals indeed, even if ‘kulyapo teifi iyo’
Failed state. By the time Zambians wake up, the Dictator Sata will be holding the nation by the neck,arms and legs.Dissolve parliament, if really these MPs are serious about putting the country on the right path, otherwise if MPs do not act, then it is politics of amatumbo(belly issues)
ECZ is composed of useless mmd dull chaps. Vubwi and malambo are free constituecies, not yet declared bye election battlefields so the head of state is at libert to go anywhere he so wishes. These cries from under5s are wasted tears let them learn politics is a game of tactics not bitternes and envy.
@bush,u are the one who is dull not mmd,the supreme court nullified the seats but the challenge in court is whether the two mmd former mps can recontest,so these areas are not free for campaign .your president breached the electrol code .
Does the President of a country campaign for party elections? Let discuss. I might be very dull.
mr president how long ll it take you to my advice that keeping that philippino woman (priscila isaacs) as ECZ director is digging your own grave. Time is running out
@george Bush.. You have a mindset of a dictator. Nowonder you love your Sata. Fools** like yourself will continue to take Zambia to the Toilet. Shame on you.
Wow! Zed is quite open now, isn’t it?? You have a Filipino for Director of Elections? Is this true???
If the court returned from the chambers ‘three times’ there would certainly have been six members on the bench, from the nine, not seven! This kind of reporting will take you into the ditch, ba LT. Falsification seems to be your specialism.
I thinkthe action to take is very simple, the constitution is very clear. If the president abrogates the constitution the only remedy is the I word ……..
Looking at the acting chief justice’s picture surely she must be retired in her own interest and that of Zambia. Is there a shortage of fresh, energetic and high flying legal brains in Zambia?
This is no good for our highest court that is why the honourable thing Her Ladyship can do (if she has any sense of honour) is to resign and save the face of the Supreme Court
Zambia should never vote for a woman president. You have seen how criminal a woman can get.
This human being looks like a hippopotamus!
She divided the COURT, so she created more bedrooms or what, please i have no accomodation, can i rent one room?
@ZP (Zabwino Palibe) ‘You have seen how criminal a woman can get’. INDEED THEY CAN BE CRIMINAL. LIBONGANI, ACC BOSS, NAME THEM!
The news from Zambia shows a completely chaotic governance and judicial structure in Zambia. Now we all know who the authour of confusion is and by the reports he seems to be having a feild day . It is past time for those who have been made “kings and priests unto our God” to take control of this appalling situation and ” reign on the earth” in accordance with Revelation 5:10. The state of Zambia is a serious indictment on the church of Jesus Christ in the nation. In the end it doesn’t matter how “prosperous” individual church members become or how big our cathedrals if our nation is the chaotic mess we read about daily the papers. Here is the questions: will the intercessors, the prophets ( the real prophets, not the rent a prophet crowd) rise? will God’s kings and priests…
Step up and take charge of this situation, will the church of Jesus Christ arise and reverse the situation?