Mr Justice Chitabo said he will be in charge and in control of the proceedings and has set May 16, 2017 as a day he will sit to hear Attorney General, Likando Kalaluka’s notice of intention to raise preliminary issues.Judgement
He said that the ‘guns’ that have been turned on him by Mr Hichilema and his vice president Geoffrey Mwamba should have been directed at the highest institution of the judiciary constituting the office of the Chief Justice.
“On the foregoing and in conclusion, I hold that the petitioners have palpably failed to establish their indictment of bias, animosity, prejudice or other charges. The application fails and it is hereby dismissed”, Mr Justice Chitabo said.
Mr Justice Chitabo said that he had microscopically dissected, analyzed the allegations and found no basis to sustain even remotely the charge of bias.
He said if Mr Hichilema and Mr Mwamba had tracked subjective perception that he is biased, he should not even have presided over the recusal application as he could not have been the one handling the matter.
In this matter, Mr Hichilema and Mr Mwamba citing the attorney general want the Lusaka High Court to determine whether or not the Constitutional Court violated their rights when it dismissed their Presidential petition.
The constitutional court on September 5, 2016 dismissed their petition after they failed to present evidence to the court that their votes were stolen 14 days after they had filed it.
The opposition UPND leaders however filed a fresh motion in the High Court seeking determination whether their rights were violated by the constitutional court.
Mr Hichilema and Mr Mwamba later asked Mr Justice Chitabo who is handling the matter to recuse himself for alleged biasness.
Among the issues they raised were that Mr Justice Chitabo ‘s alleged failure to commence hearing of their petition on December 15, 2017, that he acted unconventionally by resorting to writing to the parties indefinitely suspending the delivery of the ruling on the petitioners notice to object to preliminary issues indefinitely.
But Mr Justice Chitabo said all the allegations against him did not hold merit as he did not need a judicial inquiry for him to comprehend what was happening as he witnessed part of the intimidating drama bythe UPPD supporters.
He declined Mr Hichilema and Mr Mwamba’s belief that during the pendency of the complaint there existed a conflict of interest between them and the court saying the predicament the petitioners found themselves in was self inflicting.
Some civilized society could ask Lubinda to rescue himself from PF government for a serious scandal of saying there was no petition in any Zambian court.
In short, from Given Lubinda point of view, Justice Chitabo is not working under Ministry of Justice.
The same judge who has been asked to recuse himself now defends his continued running with the same case? How laughable is this! Bembas truly have no shame. They create chaos because they thrive on chaos.
When the accused become the jury, only in Zambia.
On a serious note, HH has invested so much time and money in creating a party of followers, that even the learned UPND supporters and tribesmen (MPs, Lawyers, Chiefs, etc) are beginning to look lost and blind. For example:
(i) failing to count from 1 to 14 – (days)
(ii) the whole “GBM as VP” joke
(iii) UPND MPs constantly pretending to be annoyed and militant
(iv) UPND hiding from their blind followers the fact that the ‘acts of treason’ were committed by HH plus 5 between 12/10/2016 (last year) and this month – not va motorcade. That’s the second of FOUR charges.
I urge all UPND supporters and tribesmen to wake up, pray and not fall into the curse of raising their children to be the instruction-taking blind followers their deceived parents have irritatingly…
HH should stay incarcerated.
UPND should stop excuses and face the music that, this was a subtle attempt on assassinating the president.
The evidence is overwhelming.
Thanks
bB2014,16
There has to be merit for anyone to recuse him/herself.
You don’t just say, you I suspect you. So recuse yourself.
Supposing the other party also demands that those you prefer recuse themselves?
If there is not merit for your demand, should you be granted the demand then the other party must be granted too their demand.
In the end, their shall be no justice, because nine will be left to sit as judge.
We cannot allow the ill capture of choosing who should rule our cases.
@Advice
That’s all it takes.
Nothing more. Chitabo has no legal ground to insist. But mu Zambia fyonse ni force. Namu court monse. Remember Mulenga Mungeni?
there is no petition of election in the high court.. what is before court is the determination on the constitutional rights to be heard baba!
Is it the right to be heard or election petition? Every one has become a NEZ.
Time when come when you will wish you didn’t do certain things in your life,,,,, lungu will pay,,, and you chaps around him will cry
bla bla bla
Pay who? Wake up and brush your teeth.
It looks like HH is a selfcentred man who does not recognise authority unless it is according to what HE wants. Oh, my God. Please, Zambia does not need such arrogant men. I am beginning to think he may have been behind the death of AKM. Abana ba muchigololo
Everything has been hi jacked by Lungu. Police, Army, Judiciary, ECZ etc. Zambia is finished. Next time learn how to choose good leaders not everyone can be in high office.
Judge Chitabo is not hearing HH and GBM’s petition but a complaint that their rights were violated. There are several ways of concluding court cases among of which is dismissal due to want of prosecution when the petitioner fails to present his case within the allowable time. There are also several ways of bringing back a concluded case to court of which a motion is among them. In this case what’s before the court is a motion to attempt to revive the Petition hearing. As to whether HH and GBM will be successful is up to the court to decide. This was what Lubinda talked about, not what General Miyanda stated. Suppose the motion is dismissed would it be held that the Petition were still active? The respondents are relying on the provision that ConCourt decisions are final, not appeallable.
How UPND refuses to comprehend what you have wonderfully summarised is truly amazing for a party full of ‘intellectuals’.
Zambia’s Judiciary is but dead – a dangerous state of affairs! Recusing self is a matter of morality! It is not a debatable thing. How can you judge yourself on such matters? How can you be the accused and judge at the same time?
Have you missed the part where the honorable judge stated “he said that the ‘guns’ that have been turned on him by Mr Hichilema and his vice president Geoffrey Mwamba should have been directed at the highest institution of the judiciary constituting the office of the Chief Justice.”
In short if these 2 people had any shred of evidence of biasness by the judge, they should have addressed the Chief justice to have him removed from the case. In court you present hard evidence not opinions. There are no miracles in court, evidence only!
Indeed why should Judge Chitabo recuse himself? (HH) and his lawyers have no direction. Surely a judge is allocated to listen to your Right to be heard nonsense and again you raise preliminary issues? I’m now convinced they had no evidence in their trumped up petition hearing. They tried to coerce Mrs Mwananwasa she refused to be a spent condom.
As days go by it is becoming clear that Hadolf Hitler (HH) is trying to extend his illegal dictatorial stay at the helm of United Ponyio Nyio Dogs (UPND) What a prick!
This minute we praise judiciary if judgement is in our favour, the other minute we turn our guns at judiciary when out come is otherwise – isnt this traits of dictators, always wanting to oppress and have their way even if the price for such is human life? This is a good stance by the judge, HH and his minions must learn to respect the law before accusing anyone. The petition is waste of time, he lost the elections twice to EL. Let the judge concentrate on other serious matters.
Well put.
Thanks
Bb2014,16
He will be the judge , jury and executioner I like that , upnd should learn to behave , am Tonga and don’t like the clique of tribalism in upnd ,Viva ECL
Since when did LT start requesting for someone’s tribe to post a comment?
@Nketani, your stoopidity will see you lined up against the wall one day by your favoured people. You don’t get what is happening in Zambia when 58 young people are dismissed from State House on the basis of their tribe alone and nothing else? Do you want to see the foundations of your village in ashes before you get what Lungu is about?
Looks like the weight of the world is on them……the donkeys I mean.
I like the piece where the Judge says “….the predicament the petitioners find themselves in is self inflicting.”
I understand that but no donkey ever will, and next HH will raise another preliminary or attempt to appeal to the Supreme court, which they will also ask to recuse itself. Excuse me but that is why I call HH a donkey and his supporters must be donkeys too.
@Terrible: Demeaning other people for political expediency is per our Zambian culture very wrong. PF, as a party in power, must lead by example of showing clean non-violent, respect for all humanity- young or old, embracing everybody – pro and against PF. Let the opposition insult, hate etc. How do we differentiate who is in power if the hatred and insults from both sides are the same?
Next you will hear “..because he is bemba….because he is ngoni…..because she is lozi….” yaba!
Bally, paranoia drives people crazy….be careful.
That is the point! But they can not use that in open court
PF have set their rules of behaviour. Don’t disbelieve them.
Something is not right in the country may HECL impose a state of immergency.
Let him so that his legacy remains negative, so that he levels Zambia down to Zimbabwe’s deplorable state.
Morally and even without looking at issues of Law, it was much more honourable for Judge Chitabonto recuse himself from this case. This is not like he willl lose business. It is an issue of conscience. Even Pilato attempted to refuse himself even though he knew he had no ill will against Jesus. We do not have to establish conflict of interest for an individual tonrexuse oneself from an issue. First, given he was PF lawyer was enough for him to act without a petition. Second, it is the right thing to do under the circumstances. But like sometime has pointed out, some individuals’ conscience is seared with a hot iron. They are totally numb.
UPND SHOULD NOT DICTATE WHICH JUDGE HEARS THEIR CASE. RECUSING ONESELF ALSO SETS A BAD PRECEDENCE. WHAT IF HH WANTS HIS CASE TO BE HEARD ONLY BY A JUDGE WHOM HE HAS GIVEN A BROWN ENVELOPE? HH/UPND ARE ON A SELF-INFLICTED COURSE. FIRST THEY HAVE INSULTED THE WHOLE JUDICIARY. THEY HAVE THROWN MUD AT THE JUDICIARY. NATURALLY, THE JUDGES WILL ALSO WANT TO SHOW THAT THEY ARE CREDIBLE AND FAIR. SO THEY WILL TREAT HH FAIRLY WITH THE FAIRNESS HE DESERVES SO THAT HE CAN SEE THAT THEY ARE FAIR.
Help them with the facts. You just do not go to court with opinions. Go with facts.
How can a person accused of being biased make a decision as to whether or not he is biased kiki Zambia is a joke. So this man has been paid by lungu and cronies and he is not ashamed to even proudly support his actions . These are chaps who die unexpectedly. I have seen this many a time happen
koma you are bitter…you sleep bitter and wake up bitter, all day running your business or whatever bitter bitter bitter…
@rizzo I think your comment is meant for mushota please check before you press post comment.
Comment:ba NEZ, Judge Chitabo is only responding because HH & Co. have chosen to address him rather than higher judicial authority. There may be credence to their claim but the 2 points raised need to be addressed by the applicants. The lack of evidence and requesting a higher office to address their concerns!
@ Mule, Rizzo was addressing NEZ who is sending death threats to a judge on an open fora! This kind of bitterness can land a person in great problems such that they wouldn’t even understand what hit them! Threatening any human being with death is a criminal offence.
Please debate with intellect not emotions.
This is just another way of killing the Petition on whether the Petitioners have a Right to be heard in Court. Justice Chitabo knows that under the Bill of Rights administered by the HC the Petitioners have a Right to be heard in Court. Justice Chitabo doesn’t want to confirm this becoz to do so would imply that Concourt did not hear the Petition. If Concourt did not hear the Petition then an impartial Court should hear the Petition. The Petitioners will Never get Justice from Lungu’s Courts so it’s high time the Petitioners took their case to ICJ if there are merits in the case. There is no point in going for a Hearing with a biased Judge who is imposing himself on the Petitioners. Its obvious Chitabo is no longer serving Justice without fear,favour and bias. Chitabo is serving his…
HH is just a spoilt badly brought up child who wants to have all the toys to himself without regard to other children.
When I noticed a similar trait in my boy (I dont know if he read about Hh in the Past news), I read him the riot act and threatened to call him a donkey. He is growing up responsibly since then.
Moral of the story, there are 14million+ Zambians who must compromise with each other amicably in order to share the few toys available.
Your son is probably a donkey if he is really yours. How could he miss on such asinine gutter behaviour from his jerk of a father?
Justice Chicago has a mission to finish off UPND. No UPND case under him has succeeded. He is indeed very based.
UPND cases without evidence and no seriousness in it. Actually Zambian courts are very tolerant other wise no one can do that with these under 5 cases with no merit.
Bangalore Principles for Conduct of Judges: A Judge Should Avoid Impropriety and the Appearance of Impropriety in all Activities
COMMENTARY
An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge’s honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired. Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. This prohibition applies to both professional and personal conduct. A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the…
Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in all Activities
COMMENTARY (Continued)
A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. From the reaction of judge Chitabo when he decided to adjourn the matter indefinitely, his temperament was brought into question and should have freely and willingly recused himself. The conduct was harmful.
There has to be merit for anyone to recuse him/herself.
You don’t just say, you I suspect you. So recuse yourself.
Supposing the other party also demands that those you prefer recuse themselves?
If there is not merit for your demand, should you be granted the demand then the other party must be granted too their demand.
In the end, their shall be no justice, because nine will be left to sit as judge.
We cannot allow the ill capture of choosing who should rule our cases.
Seems to me that the judgment is already known going by the ranting of this judge. Issues to do with bias are a preserve of the person seeking justice, if and when issues of partiality are raised, the judge should recuse him or her self so that when judgment is passed, no body will be accused of any bias. There are so many judges that can be allocated with this case and see it through.Why is he so adamant to recuse himself and imposing himself on this case? Beats logic really, that is why we are saying that this arm of our governance is saturated with criminals masquerading as judges, juries and executioners. Where is your morality Chitabo? People don’t stay in state house forever, remember that.
Bangalore Principles for Conduct of Judges: A judge should be patient, dignified, respectful, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity…..angrily postponing hearing the matter contravened this principle!!!!!!!
You cannot insult your way through. The judge cannot just be told to recuse himself just for the convenience of a person who cannot see things from a different perspective. We have but one justice system and NO individual is too big to intimidate the judges. The judge has a right also to determine the case. You cannot just select and di-select judges at will. Even though the judges are subject to scrutiny there must be reasonable substance to warrant the judge to recuse himself but in this instance there is no substance for the judge to do that.
Canon 3: The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Courts can be efficient and businesslike while being patient and deliberate. The duty to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary applies to all the judge’s activities, including the discharge of the judge’s adjudicative and administrative responsibilities. The duty to be respectful includes the responsibility to avoid comment or behavior that could reasonably be interpreted as harassment, prejudice or bias. Angrily postponing the hearing is prejudicial
Fellow Zambians, to tell you the truth, I have known Mwila Chitabo as a failed lawyer, thanks to the late Arthur Chiinga who was his partner and helped the firm to win some cases. It actually became as a shock to me to hear another failed lawyer and masquerade appointing him to become Judge. Surely if the respondent or defendant is not comfortable with the Judge for whatever reason even a minute one, it is their constitutional right to refuse to be tried by that Judge. Why then should Chitabo in his dullness continue to force himself on the matter under the circumstances, just as his failed masquerade has done on the nation?
What chitabo said hh gbm should ‘ve seek the office of the chief justice to have him replaced other than directing him to act to their request without his bosses not knowing. Hh will never learn how law operates.
If I were Judge Mwila Chitabo, I will read this below about Jerry Rawlings:
“ONE of the architects of the Ghanaian December 31, 1981 coup d’etat, ex-Corporal Matthew Adabuga, yesterday told the National Reconciliation Commission (NRC) that the Chairman of the erstwhile Provisional National Defence Council (PNDC), Flt-Lt J. J. Rawlings, ordered the killing of the three High Court judges and a retired military officer in 1982. He said Flt-Lt Rawlings popped champagne, after he was informed that the four persons had been murdered.”
Mwila should beware that he is clearly conflicted and his treacherous behaviour will soon come bacj to haunt him.
June 30th 1982 continues to remain a dark spot in the Ghana’s political history and a nightmare for all JUDGES (like one Judge Mwila Chitabo in Zambia) in the country, after three High Court Judges namely, Mr. Justice Fred Poku Sarkodie, Mrs. Justice Cecilia Koranteng- Addow and Mr. Justice Kwadwo Agyei Agyapong as well as a retired army officer, Major Sam Acquah, were callously murdered under strange circumstances at the Bundase Military Range in the Accra Plains, after being abducted on the night by some unidentified assailants. Their bodies were found on 3 July 1982. All four had adjudicated on cases in which they had ordered the release of persons who had been sentenced to long terms of imprisonment, during the rule of the Armed Forces Revolutionary Council (AFRC). Mwe, we are coming…
All that HH must provide is reasonable evidence that the judge is biased.
Failure to this he will never have his way.
Chakolwa will pay dearly for all these crimes. where did you find a jugde forcing himself on a case like this chitabo?
@Daniel:PAYING DEARLY FOR WHAT?wake up my dear and eat your Nshima!!HH will never win any case in our courts minus proper evidence!!courts cannot act on any case using emotions like you cadres do.moreover,who is HH and GBM to give courts instructions?just imagine if any Zambian who goes to court tells the court a judge who must hear or not hear his or her case.CAN THAT BE JUSTICE?that would be total confusion.if upnd have proper evidence,any judge would rule in their favour.but the problem with upnd is that they win cases before a judge hears and passes judgement!!!WHEN ONE GOES TO COURT,YOU MUST EXPECT TO WIN OR LOSE THE CASE!!BUT UPND ONLY EXPECTS ONE THING FROM ANY COURT-I.E.VICTORY,VERY SHOCKING!!hence crying daily!!
UPND must know that they are no MIRACLES in courts.the only thing a victim needs to win a case in any court is PROPER EVIDENCE!!”especially VIDEO EVIDENCE is very powerful.HH’s mongu saga will be very easy for any judge to pass judgement on because what UPND was doing and the intention in mongu is very clear for all to see.opinions,emotions,lies,etc cannot win anybody a case in court.ALL WHAT IS NEEDED IS PROPER EVIDENCE TO WIN A CASE IN ANY COURT!!!
Typical example of a Judge who is a PF cadre, no surprises here
It’s “fake democracy” when the judiciary is considered merely incidental to the state, but judges must do their bit to uphold judicial independence and not corrupt facts and truth. That was Chief Justice Mogoeng Mogoeng’s blunt opening message to the fourth Congress of the Conference of Constitutional Jurisdictions of Africa (CCJA) in Cape Town this week. It’s a complicated dynamic. “Our independence requires we be alive that there’s a possibility of it being corrupted by foreign interests, by warlords and modern-day dictators,” said the county’s top judge. By MARIANNE MERTEN.
In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general “duty to act fairly”. No man can be judge in his own case. where is justice in Zambia?
In Zambia there is no need to pay lawyers when you can just buy a judge.
We need Kenyan style judicial reform and clean up everybody from Magistrate to the Chief Justice.The judiciary is rotten to the bone.I can even smell the rot from here.