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Friday, July 3, 2020

Constitutional Court dismisses Fred M’membe petition to remove Judge Nkonde removed from Office

Headlines Constitutional Court dismisses Fred M’membe petition to remove Judge Nkonde removed...

Former Defunct Post Newspaper Editor in Chief Fred M’membe
Former Defunct Post Newspaper Editor in Chief Fred M’membe

Former Defunct Post Newspaper Editor in Chief Fred M’membe has lost his quest to have Lusaka High Court Judge Sunday Nkonde removed from Office.

This follows the Constitutional Court’s decision to dismiss his petition.

Delivering the Judgement on behalf of two other Constitutional Court Judges Annie Sitali and Enoch Mulembe, Judge Martin Museluke noted that Dr. M’MEMBE’s petition was improperly before the court.

Dr. M’membe petitioned the Constitutional Court after the Kitwe High Court nullified the Judicial Complaints Commission recommendations to suspend Judge Nkonde when it had established a Prima-facie case against him.

But the Constitutional Court quashed his arguments that the High Court has no Jurisdiction to preside on the matter as it bordered on constitutional interpretation.

The Constitutional Court ruled that the High Court based on Article 28 of the constitution has jurisdiction to hear matters on bill of rights.

The Court also dismissed Dr. M’membe’s application to dismiss the Kitwe High Court’s Consent Judgement as he was not part to it.

Dr. M’membe had last year filed a complaint before the Judicial Complaints Commission, citing allegations of Professional Misconduct against Judge Nkonde.

He alleged that Judge Nkonde misconducted himself in the manner he handled the Post Newspaper in Liquidation Case.

But, Judge Nkonde commenced an action in the Kitwe High court, stating that the Judicial Complaints Commission did not give him the right to be heard.

The Kitwe High Court in a consent judgement upheld Judge Nkonde’s plea that he was not afforded the right to be heard.

The consent judgement was between the Attorney General and Judge Nkonde.

[Read 2,346 times, 1 reads today]


  1. Not a single Judge on the Constitutional Court is qualified to hold that position, and that is according to LAZ. I think all their decisions should be rendered null and void. Learned Counsel, John Sangwa published and eloquent expose on CV of all the ConCourt Judges, it is a sorry read.

    • Once upon a time a stubborn unyielding force that saw itself as invincible. The little boy feels the same too but time will show him one day that he is not. Money spoils some people they think they can buy anything and everything.

    • CC are the PF’s plays-child.

      If the make a judgement not in the interest of them, they will likely scrap them.

      They are only doing, what everyone else would do, not saying its right


      I hold a PhD



  2. Mmembe has always been an enemy of Zambia, and Zambia’s morals. This crook supported the attacking of leaders in the past for personal reasons. Now he knows what it is like to have Zambia fight back. kikikikiki. Our constitution keeps on winning.

  3. The self proclaimed “kingmaker” who was reduced to a nobody by a Chawama “drunkard”. Judges use to tremble by the mere sound of Fred’s name who exploited the old system of presidents constituting tribunals against judges by capturing presidents and his once powerful post newspaper. Along came a lawyer from Chawama who had risen through the ranks of Sata’s govt. Fred challenged this novice and lost 25 years of work and power he had manipulated over that period. Mwalipwa, yama-Zambians know how you exploited their trust. A different career quietly would be good.

  4. The constitutional court is certainly proving to be a PF tool for suppressing every opposing voice to its rule.. This court will have to answer in future for its biased judgement in favour of the PF. They will one day realize it the hard way that true power belongs to the people..

  5. The PF Concourt again you can never get a ruling in your favour unless you are PF. People should know that by now instead of wasting the courts time.

  6. I do not hold the judges on the Concourt bench in high esteem because they are compromised and are not qualified but based on the law they got this one right. Audi alteram partem is a basic principle of the law that says an accused should be given a hearing. Judge Nkonde, even though we all know that he is filthy corrupt, was not accorded a fair hearing rendering the recommendation of the Judicial Service Commission null and void.

  7. What Mmembe has gone through should remind every journalist to avoid aligning themselves with a politcal party. His gravest mistake was to stop paying taxes when Sata became President, had he continued paying his taxes The Post would still be alive today. Richard Sakala is making the same mistake Mmembe made by being a mouth piece for PF, if Richard Sakala was smart he would start reporting in a fair maner because should the UPND win Richard Sakala is toast. He is either going back to jail or they will close him down, he better be paying his taxes.

    • Richard Sakala chose not to peddle lies and rubbish. That’s why readers abandoned Fred and the Daily Nation. If you follow Richard, he reports any form of corruption and abuse of office non selectively. That’s why he has wooed readers. Look how poor Diggers does on the streets-people can’t be reading lies daily, they get tired. If upnd came to power, why would they shut him down if he’s compliant??

  8. At the time when the likes of Dora, Boman, William were in power, ZNBC, Daily mail & Times were controlled by these guys who made sure Sata was nowhere near them. It was at such a critical point that Mmembe came forward to help cover PF and he did very well such that in a normal society, one wouldn’t expect PF to do what they have done to this guy. PF’s victory guys didn’t come out of your own hard work, it was a collaborative effort that saw a lot of us coming on board and contributing in which ever little way we could to ensure victory.

  9. its really sad that PF is persecuting the very people who helped them and embracing those who said Sata can never be president of this country, those who stoned Sata’s chopper and those who embarrassed him openly by refusing to shake hands with him are all here, like Malama would say. Truly there is no morality in Zambian politics

  10. Wrong Kangaroo court ba M’membe, no one can win in this Kangaroo court you have to be a PF card holding member to win any thing in this PF Kangaroo court, we all know that, these unqualified magistrates masquerading a judges first have to find out if you are a PF member before passing judgement


  12. you cannot label the court as corrupt and useless in one breath and the other breath you seek justice from the same court. judges speak through their Rulings and not through the media. so the courts are simply responding to all those who malign them. what a lesson

  13. @Chisenga You are 100% right. People should not think that the Con court will entertain lies and tribalism. Only certain judges who are ill inclined will rule bias like the judgment on ministers holding office illegally. How can a person with an appointment letter hold an office illegally. I did not understand this up to now I do not understand it.

  14. I will fall on him like a ton of bricks. Chagwa sajailika malume. We warned Fred not to join active politics, but he refused to listen. Instead of maintaining his papers stance of providing checks and balances to ANY government in power, he chose to be Satas praise singer. Wait, uzamuziba Yesu

  15. Apparently, there are parallel similarities on events being revealed by the Zondo Commission of Inquiry relating the phenomenon of State Capture in South Africa and the era of Presidents Mwawawasa & Sata in Zambia. Strange characters like Mmembe, Mutembo Nchito, Mark Chona, Dr. Mathani and a clique of politicians openly linked to this group, manipulated a system of controlling Mwanawasa and Sata’s Government to amass wealth for themselves. One fine day HISTORY will register Zambia’s dark era.

  16. When you realise who the appointing authority for the ConCourt judges are, you would certainly know as to whose allegiance they truly hold. There are so many adjectives or semantics to describe this : His Master’s voice, he who pays the piper calls the tune, the November criminals, the Last Court Standing, Things Fall Apart, No Longer At Ease, Mein Kampf, Archimedes principle of floatation, Thriller in Manila, Rumble in the jungle, Close encounters of the Third kind….. like I said, it’s all about adjectives and semantics really.

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