Attorney General Musa Mwenye after overseeing the hand over of power to Vice President Guy Scott
Attorney General Musa Mwenye after overseeing the hand over of power to Vice President Guy Scott

THE State has appealed to the Supreme Court against the decision of the High Court to lift the suspension of judges Nigel Mutuna and Charles Kajimanga.

Mr Justice Kajimanga and Mr Justice Mutuna were in 2012 suspended by President Michael Sata to pave way for a tribunal which he constituted to probe their alleged professional misconduct.

The judges challenged their suspension and legality of the Malawian High Court judge Lovemore Chikopa Tribunal.

Mr Justice Siavwapa on 23 December, 2014 ordered that Mr Justices Mutuna and Kajimanga were at liberty to resume their duties with immediate effect.

He also recommended the immediate dissolution of the Chikopa Tribunal on the basis that it has no legal capacity to execute the mandate for which it was constituted.

But the State through Attorney General Musa Mwenye dissatisfied with Mr Justice Siavwapa’s judgment has appealed against the lifting of the suspension.

Mr Mwenye who filed three grounds of appeal said that Mr Justice Siavwapa erred in law and fact when he lifted the suspensions of the two judges before it was revoked by the President and before the advice by the tribunal as to whether the two should be removed from their offices or not.

This was despite the court acknowledging that only the President had the powers to revoke the suspensions of the suspended judges and that such suspensions ceases upon advice by the tribunal that the judges should be removed from their offices.

The judge in the lower court despite finding that the President had unfettered powers to constitute the tribunal erred in law and fact by finding that the tribunal should be constituted.

He said the President had no jurisdiction to inquire into the matter before it as the same were subject for determination by the Supreme Court.

Mr Mwenye further said that Mr Justice Siavwapa erred in law and in fact when he found that the tribunal constituted by the President was born without ability to execute its mandate and that it could not do so without it and that the rules of procedure formulated and promulgated by the tribunal were null and void.

[Read 40 times, 1 reads today]
Loading...

9 COMMENTS

  1. Don’t be deceived by the PF rally crowds, people are only going to see the visionless Edgar Lungu who again lying to his charlatan cadres how he will capsize their sinking canoe.
    Voting for Lungu is suicide and therefore endorse a Hero of Humanity to economically, democratically, politically, socially and culturally govern the country. This Hero of Humanity is HH. Hope and Health for the nation and not the visionless Lungu.
    Satas vision was confusion,tribalism and violence, 19 days left till PF is democratically kicked off.
    The Skeleton Key
    ~206~

    0

    0
  2. This is the reason i am voting PF out of office.In 2011 I voted for them,but this wastage of tax payers money on Chikopa and now lungu and RB goes to Zimbambwe,Nigeria,Rwanda,Angola to get money for campaign.PF forget my vote.We chased RB so we shall chase Lungu as well

    0

    0
    • @skeleton,you are spot on.they keep to misconstrue their rally gatherings as votes.even those surrounding vulgar lungu know better that this time around it’s quite tight.we agree that those turning up for these rallies just want to see how frail & sick this man is.let’s not pretend.let’s swallow pride and come to accept the fact that it’s only HH we have as an option now.am pro PF but Lungu doesn’t just spell anything of our country’s leader, PERIOD!

      0

      0
  3. This matter had an issue of political inclination. Zambia has wasted a lot of money on judge Chikopa. Firstly he stayed at Pamodzi hotel for over a year. Currently the government is renting him a fully furnished Villa at Mulungushi Village. All this is at the cost of government. He is also paid a salary and allowances, 24 hour security, and air travel expenses. PF is a wasteful government. It’s high time we do away of this matter and channel the funds to alleviate poverty. Mr. Mwenye please withdraw the appeal.

    0

    0
  4. There should be a way to bring justice over this matter. Its sad that the judiciary finds itself in cases that are political. The corruption in judiciary is manifest as can b seen. The wealth and policians seem not to account for their actions.

    0

    0
  5. Chiwamila galu kuluma mbuzi…only time will tell.Corrupt judges and colleagues below send people to prison while they continue to enjoy among other things vehicles they receive corruptly some of which they donate to some church.They protect each other fiecely.But the most high watches. Only time will tell

    0

    0
  6. Musa you are wasting your time and tax payers’ money. In 20 days time if Lungu wins, he will remember how you got the acting presidency from him and if HH wins he may consider someone else who is not a PF cadre for your post. Either way you will not be there to continue the case and I wonder if your replacement will have the same zeal to persecute the said judges. Besides the tribunal was set up to protect Mmembe and co who unfortunately hates the two leading contenders with a passion and as such will have no favour from any of the likely presidents. Do you think this is a worthwhile undertaking with the changing dynamics in the Zambian political scene? Is Chikopa so precious to you or you just hate the judges so much?

    0

    0
  7. This judge is incompetent and corrupt. He fluffs even simple cases of matrimonial causes. And its the kids who end up paying the price. This is one of the last appointed judges by RB. Look at Lyato’s case he was the same judge. Lets have him included in those to be investigated by a commission of inquiry headed by Chikopa. If you pick a Zambian judge they will always cover their friends. Why is he scared of the commission?

    0

    0

Comments are closed.