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Friday, February 21, 2020

Edwin Lifwekelo says Judge Mwiinde Siavwapa is compromised by Fred M’membe

Headlines Edwin Lifwekelo says Judge Mwiinde Siavwapa is compromised by Fred M’membe

UPND Deputy Spokesperson Edwin Lifwekelo
Former UPND Deputy Spokesperson Edwin Lifwekelo

HIGH Court Judge in-charge Mwiinde Siavwapa has been reported to the Judicial Complaints Commission for gross misconduct.

Former UPND deputy spokesperson Edwin Lifwekelo has reported Judge Siavwapa for rendering legal advice to former Post Newspaper proprietor Fred M’membe from the bench in a matter that is currently before another Judge in the same court.

Lifwekelo claimed that he had discovered Judge Siavwapa gave legal advise to M’membe who is seeking to be part of the liquidation process.

Lifwekelo said it was entirely wrong for Judge Siavwapa to render legal advised to an interested party over another Judge presiding over a matter without declaring interest.

Lifwekelo who has written to the Judicial Complaints Commission stated that following the appointment of Judge Siavwapa as Judge in-charge of the High Court, Mr M’Membe wrote to the Judge seeking legal advice which was unduly rendered.

Lifwekelo said by rendering legal advice from the bench, to a person wishing to be party to the case, and a matter he was not presiding, Justice Siavwapa acted in gross misconduct as the Judge-in-Charge.

M’membe in a letter to Judge Siavwapa was seeking the removal of Judge Sunday Nkonde from presiding over the liquidation of the Post Newspaper.

And in response Judge Siavwapa advised M’membe to file an application before the Court hearing the liquidation of the Post Newspaper.

It is also noted that Judge Siavwapa presided over the matter between The Post Newspaper before it was liquidated and the Zambia Revenue Authority (ZRA) and handed down a judgment in favour of Mr M’membe a judgment was eventually overturned by the Supreme Court.

Below are the complaints filed by Lifwekelo.

1. *The judge has entertained and acted on communication from and in favour of a person who seeks to be a party to proceedings before another Judge thereby interfering in a matter which is currently before another Judge of the High Court.*

*2. The Judge has not declared conflict of interest between himself and the Post Newspapers Ltd (in liquidation). This matter in which Judge Siavwapa has not declared interest is between the same parties as those in which he delivered judgment, namely the Post Newspapers as debtor and ZRA as creditor.*

*3.The Judge (Siavwapa) has rendered legal advice from the bench in a matter before another Judge of same court and or similar jurisdiction to a person who seeks to join those proceedings. In rendering legal advice from the bench, the Judge has not copied his advice or communication to the Judge before whom the proceedings have been nor any party to those proceedings.*

*4. In rendering legal advice from the bench the judge has not copied his advice or communication to the Judge before whom the proceedings have been, nor to any party to those proceedings.*

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    • What’s wrong with THESE people?
      From where I’m sitting Fred wanted Judge Siavwapa to rule on Judge Nkonde & my take is Judge Siavwapa has rejected that instead has advised Fred to use the proper channel by applying to the relevant court. What’s wrong with that?

    • Mr Lifwekelo, the judge has done nothing wrong. He did his job, he was written in his capacity as judge in charge and replied directing Fred on what he is supposed to do. I don’t think that would be considered ‘legal advice’ like what you get from a lawyer.

    • @Lusakatimes, I will also report you to ZUJ for erroneous reporting. Was Lifwekelo the UPND spokesperson? Then where do you place Hon Kakoma and Hon Cornelius Mweetwa? And why do you still keep relating that sell-out to UPND when he has taken a new identity? Simply refer him as Lifwekelo. What do you want to prove ba Lusaka Times? Bad reporting.

    • I tend to agree @ Sinono and others that say the inclination of LT is being a mouth piece for PF! This Lifwekelo is now a PF functionary but you keep referencing UPND where is the value in this? What kind of biased and negative reporting is this? Grow up and give the readership facts as they are than always pivoting to finding ways of maligning UPND!

    • Judge Siavwap seems to be M’membe’s favorite Judge at the Supreme Court. This Judge seems have his fingerprints on a number of cases dealing with M’membe/The Post. He also seems to be the Opposition Parties’ favorite Judge. The question is why? Is he the only Supreme Court Judge these folks can run to?

  1. In what capacity is Mr Lifwekelo complaining to this Body? How are his Rights if any violated. This guy is seeking some cheap publicity and justification for benefiting from the PF gravy train. The complaint is a mere allegation with no basis.

  2. That is the way to go. Its very clear that the judiciary has been compromised and some of these judgements they have been passing are questionable.

  3. . ..worse than a mumbulu(wild dog) doing what he knows best…welcome back to pf and being useful.. Plz bring back judge Chikopa to head the tribunal.

  4. Fred infiltrated the judiciary to an extent that some judges owed their appointment to Fred. Even some of his editorials were being written from the bench and the DPP’s chambers under Mutembo. Now he doesn’t what to go down alone, he doesn’t believe that his time is up. He’s on the receiving end

  5. Instead of attacking lifwekelo can we debate the merits and demerits of his unmission please. I don’t want biased judges be supporters of m’membe, pf or upnd. What we all need are fair judges giving fair judgements.

  6. In as much as people hate Lifwekelo, the guy has a point. @ what capacity is he complaining? surely come on, as a citizen of this country. You don’t have to wait until your rights are violated to complain? we need factual and analytical criticism of the judiciary. keep it up Lifwekelo!!!

    • I am sure the poor chap doesn’t even know that as ordinary citizen he can make an arrest even against a policeman.

  7. Zambians let us be awake! Judiciary maybe destroyed by Lungu. Why should interfere with the judge by deporting to the judicial complaint authority. Who is he? Useless! Matako yako. Who are you? Even our chief paramount chief mpezeni has respect for judiciary me as a spokesman for the chief I am here to tell you that paramount chief Mpezeni has asked that who are you? Galu iwe!

  8. In his letter to Judge Siavwapa , M’membe sought legal guidance from the presiding judge on Sunday Nkonde’s clearly conflicted position to expect him to fairly preside over the liquidation of the Post Newspaper. Accordingly, the learned Judge Siavwapa ruled that M’membe files an application before the Court hearing the liquidation proceedings. Just how this all of a sudden turns into ‘rendering legal advice from the bench’ in Lifwekelo’s world vexes one deeply indeed. Such vexatious waste of legal processes and time are malicious and should never go unpunished.

  9. This complaint against his lordship lacks merit! PF watch out. MMD and UPND have taken you over from inside. Lifwekelo is an attention seaker! With those Rasta ligalia, he could be high on something.

  10. Yes he’s got a point but the Upnd will look without seeing. I asked one Upnd friend of mine why he hated state media. His answer was that it was biased towards the PF. Then I asked him why the ZAMBIAN Watching doesn’t allow my opinion on their site. His answer was it was to protect the Upnd. I told him that if they formed government they would do what the PF was doing to Znbc etc or even worse.

    • Iwe Ndanje Khakis, who do you want to impress? Lifwekelo is talking about the Learned Judge declaring his interest in the Post Newspaper Issue, let me ask him one question: Three of those ConCourt Judges who presided over the UPND Petition were found wanting and were called upon to declare there interests but did they do that iwe ka lifwekeko? Naiwe Ndanje Khakis, ask your friend lifwekelo the same question I have asked.

    • Let the Judicial Complaints decide that. Why are complaining as if it’s you Lifwekelo has brought the complaint to you. You talk of freedom of expression, but when another person uses this right and because it’s PF you want to silence them. If PF is bad then you Upnd are worse.

  11. This is all nothing but a witch hunt against Tongas and Lungu must know it will fail. And its gutless to hire their own cousin to orchestrate this action, it stinks man.

    • Suppose a Tonga civil servant conducts himself in a way that compromises his responsiblities are we going to let him go scott free lest people say he’s being victimized?

    • And I thought Judge Siavwapa in his capacity is as Judge he is JUDGE FIRST and TONGA (Tribe) LAST. And I deliberately say “LAST” because certainly there are other MORE IMPORTANT ETHICAL issues that a Judge ought to consider in his/her position before TRIBE—such as Country, Fairness, Impact of his/her judgements, Integrity, extra. In fact, if you didn’t mention TONGA, some of us would not even have known Judge Siavwapa is Tonga—because to me the name doesn’t sound like a typical Tonga name–now I know!

      But this is the danger of injecting “TRIBE”/LISM in everything. It is a dangerous game that you might live to regret some day. If Lifwekelo is wrong, just respond to the issues he has raised without PLAYING VICTIM under the TONGA UMBRELLA. I think even Judge Siavwapa would…

    • @yambayamba, I didn’t mean a particular tribe per se. What I meant was “should a Tonga not be disciplined because of his tribe ” in response to an allegation that Tongas are being victimized.

    • @Ndanje khakis, sorry to have confused you. I am actually responding to @Ngombala’s statement and in full agreement with your sentiments. Definitely some bloggers here are OVERPLAYING this so called TONGA VICTIMIZATION issue. Like I have already stated, other non-Tonga Judges have been reported or complained about to the Judicial Complaints Commission, but you NEVER hear their tribesmen/women invoke the tribalism card and say these Judges are being victimised because of the tribe they belong to. But why do “Tongas” think and feel that this appropriate to fall on this ‘archaic defense’ of VICTIMIZATION every time some Tonga civil servant (which Judges are) have their ethics and credibility questioned? Even in unwarranted situations! That’s what I was trying to say to people like…

    • continue:

      …@Ngombala who are fond of reverting to PLAYING VICTIM in every situation that involves a Tonga in spite of the “facts”/reasons advanced for the action. They always want to shut the debate down by claiming VICTIMIZATION on the basis of TRIBE—it is the same tactic effectively used by those who want to always “CRY RACISM” as a tool to get away with nonsense.

    • You can’t stand them? you have options, you can push for a referendum to break the country into two, so that you go seperate ways, it’s as easy as 123.

  12. This is the same Siyavwapa who is presiding over a political case Nevers Mumba presidency and how d did he give himself this case when he know he has conflict of interest bcoz Judge Siyavwapa is UPND

  13. This behavior of bias against Tongas in all spheres of our Zambian life is destined to back fire and break the very back of this country. If recent voting patterns are anything to go by, Zambia is split right in the middle pitching N/Western, Central, Western and the South against the rest. The moment secessionist sentiments echo in the South, Zambia as we know it is doomed! And Lungu and his PF will be to blame. Mark my word.

    • How and when did a complaint by a private citizen against a Supreme Court Judge became the hallmark of “Tonga Victimization” in this Country? You people need to GROW some REAL [email protected] and STOP this cheap propaganda about Tonga Victimization even in situations where it is NOT warranted. Yaba, really getting tired of this cheap weining!

      There are other Judges have also been reported to the Judicial Complaints Commission before. But do we here about the TRIBES of these Judges, or their tribesmen/women TRIBAL CRY VICTIMIZATION? The answer is a big NO! Or have you ever heard such silly innuendos that these Judges are being victimised because of the tribe they belong to? Again, the answer is a big NO! So why do you !d!ots think it is appropriate for you to INJECT TRIBE in everything that…

    • continue:

      …happens to any Zambian who happens to be Tonga? REALLY. Isn’t this a very RIDICULOUS way of utilizing your CITIZENSHIP to this beautiful Country?

  14. Comment:Judge Siavwapa Mwiinde will leave the bench as a let down judge if the above accusations are proved beyond reasonable doubt. He has been a very good judge of the High Court. But you never know with these issues. As for now we cannot speculate,the Judge is innocent until proved otherwise.

  15. Lifwekelo has moved on. Please stop referring to him as former UPND spokesman.
    PF has iced him. Now he’s merely lifwekelo. Period. Leave UPND out of his espades.
    He is the type who think they can fool all the people all the time
    I am sure he was a mole in UPND and hoping to eat with both hands. If UPND won he would have stayed within UPND. But the moment PF got in fraudulently he did not wait a moment to go to PF on his knees. Only for PF to pour cold water on him and his likes
    A judge can advise someone appearing before a court on a legal way to proceed. A judge can advise one to get legal representation depending on the severity of the case.
    Lifwekelo give us a break from your tantrums

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