HIgh Court
HIgh Court
The High court has quashed the Judicial Complaints Commission’s decision to have High Court Judge Sunday Nkonde suspended by President Edgar Lungu.

This was after the Attorney General and Judge Nkonde’s lawyer Jonas Zimba entered a consent order in a matter where the commission had found a prima facie case against Judge Nkonde following a complaint by former Post Newspapers proprietor Fred M’membe.

But Judge Nkonde applied for judicial review over the commissioners’ recommendation for the President to suspend him as he was not given an opportunity to be heard.

Judge Nkonde also obtained a stay that prevented President Edgar Lungu from suspending him as recommended by the Commission.

The Consent order entered into by the two parties quashes the matter in court as well as the recommendation of the commission.

On February 21, an application was made asking Judge Nkonde to rescue himself from handling the case aimed at winding up the Post Newspaper in Liquidation.

During the same period Dr. M’membe had lodged a complaint against the Judge to the Judicial Complaints Commission.

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13 COMMENTS

  1. most of these guys wouldn’t survive quarter of the year doing their on businesses, that why they hold on to these government postions like babies to its mamaz titties.

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  2. Ba “divide & rule” it seems you thrive well on supporting the worst CARTEL congregation that has invaded Zambia to milk its financial resources. Would the evasion of Tax cast any honour to to bestowed with a Nobel Prize on members of the Cartel. Try to advise your so called DR. MMEMBE (whichever weird University granted him a doctorate degree) and his associate HH to seek an audience with their beloved mentor Donald Trump. Would Trump abandon his policy of “America First” to support Law Breakers in Africa? God forbid.

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    • I just don’t like conspiracy theorists like you, who duel so much on unfounded kachasu nkani,dont be like mugabe who set his eyes on the wrong target imperialists and colonialists,yet the punch was been brewed right under his big nose zanu pf.

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  3. I’m not sure this is ethical. Since EL took over, the country has seen legal gymnastics on unprecedented scale. As a lawyer, surely the President must lead by example and do things the proper way. This, I’m afraid has fraud written all over it and is much more grave than that Kabwe convention consent fiasco

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  4. I am surprised that the Cartel and UPND cadres are frozen on the outcome of this case. May be they are consulting the Brenthurst Foundation to pay supportive homage to Raila Oginga in Kenya. This is a curious world indeed.

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  5. The judge ruled against the interest of the Zambians in the high court. He is out of sentiments for a better country.

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    • @GodfreyKabwe, the one to blame if at all is the Attorney General Mr Kalaluka who consented(agreed) to the wishes of Judge Nkonde and not the Presiding judge. Kindly read our comments below. Sequenced no. 8. Judge Chali’ duty was only to Endorse the agreement of the parties. What we should ask is what motivated the AG to consent? Is it public interest or legal consideration or something else. The pressure should be put on the AG to explain why he nowdays acts like a lawyer for individuals and not the state(the people of Zambia).

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  6. The judge did not overturn the JCC, there was not case hearing but an agrement (consent) of the Attorney General and Mr Sunday Nkonde’s lawyers. When there is consent(agreement) of the parties there is no case for the court to rule on but merely an endorsement of the agreement. The High Court did not therefore have an opportunity to rule on the merits of the case. That’s why its titled consent order or Judgement. Not a product of the court but the parties to the matter. Its however binding on the parties and cannot be aopealed against. This is because its a decision of the parties themselves and cannot appeal their own decision.

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  7. The judge or High Court did not overturn the decision of the JCC, there was no case hearing but an agrement (consent) of the Attorney General and Mr Sunday Nkonde’s lawyers. When there is consent(agreement) of the parties there is no case for the court to rule on but merely an endorsement of the agreement. The High Court did not therefore have an opportunity to rule on the merits of the case. That’s why its titled consent order or Judgement. Its Not a product of the court but the parties to the matter. Its however binding on the parties and cannot be aopealed against. This is because its a decision of the parties themselves and therefore it would be ilogical to appeal their own decision.

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  8. One day all this nonsense will boomerang. Time will tell. All Lungu should know is that he will never be always in control

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