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Sunday, September 27, 2020

Simusamba’s fate is an indictment on Chief Justice Mambilima-Chifire

General News Simusamba’s fate is an indictment on Chief Justice Mambilima-Chifire

Anti Corruption Activist Gregory Chifire says the decision by the Judicial Complaints Commission to recommend the removal of controversial Lusaka Magistrate David Simusamba from presiding as a judicial officer is an indictment on Chief Justice Ireen Mambilima.

There have been various complaints against the conduct of Magistrate Simusamba, the latest being a case where Chishimba Kambwili reported him to the Anti-Corruption Commission before asking the Chief Justice to compel him to recuse himself from handing the opposition NDC leader’s case.

In December 2019, Kambwili wrote to Chief Justice, Irene Mambilima, complaining about the manner in which Magistrate Simusamba was handling the matter.

This was after a complaint filed by MMD president Nevers Mumba two years ago over the manner in which Magistrate Simusamba behaved in the case of trespassing.

In April 2018, Mumba, through his lawyers Simeza, Sangwa and Associates, wrote to Chief Justice Ireen Mambilima over Magistrate Simusamba’s alleged judicial misconduct, which suggested that he was pushing a political agenda.

In a letter dated September 8, 2020, addressed to the MMD leader, the JCC stated that it had advised the judiciary management to commence an internal process that should result in the removal of Simusamba, who is now a Lusaka High Court Registrar, from the bench.

There have been various complaints against the conduct of Magistrate Simusamba, the latest being a case where Chishimba Kambwili reported him to the Anti-Corruption Commission before asking the Chief Justice to compel him to recuse himself from handing the opposition NDC leader’s case.

And Gregory Chifire says the recommendation for removal of Simusamba as Magistrate by the Judicial Complaints Commission (JCC) is a serious indictment on the Judiciary.

Mr Chifire said the decision flies in the face of the Chief Justice who even after Mr. Kambwili wrote to her about Simusamba’s solitation of bribe by the latter, she refused to act.

“I was jailed by the Supreme Court on two counts. 1. For writing a letter to the Chief Justice 2. For saying that there was corruption in the Judiciary.“

He added, “The other counts where dropped because they were neither published nor authored by me. I won’t go into details over this today because the matter is still active at the African Commission. But one day I shall speak. Note that Simusamba is being punished for an old complained filed by Dr. Nevers Mumba. Dr. Mumba like many government critics was unfairly treated and jailed. The truth can never be concealed, it will always find its way out.”

14 COMMENTS

  1. These upnd cadres are id!ots. Which constitution allows the CJ to remove a judge or magistrate?? That’s the job of the JCC which have rightly done so. When ECL assented to the 2016 constitution, it introduced this body to handle judicial problems not the old constitution that allowed the previous presidents to set up tribunals to probe judges. Opposition surely have no substance except hate and bitterness. Chifire is not an anti-corruption activist but a fugitive and criminal who must come back and face the law!!

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  2. In fact this issue vindicates Supreme Court judg Mumba Malila’a observation in his book CONTOURS OF A DEVELOPING JURISPRUDENCE. He observes that there are decisions by some judicial officers that hv no foundation in law, common sense or judicial precedent.

  3. This is what happens when tribal activists hide behind being human rights activists. This f00l can see that the rightful officr being the judicial commission has recommended removal. That is not mambilima role and she has no power to remove any judge. You see these upnd idlots are used to a dictator type of leader like hh who makes all decisions including how many times his party officials are allowed to wipe their backsides after taking a dump.

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  4. The fugitive Chifire is attacking the personality of the CJ instead of focusing on the system of governance and the constitution. That is the danger of a upnd GRZ-how can you have a party that doesn’t respect the constitution and laws but would rather focus on hating personalities??

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  5. This has nothing to do with the Chief Justice. The removal of a judge in accordance with article 144 (1) of the Zambian Constitution is initiated by the Judicial Complaints Commission based on (a) a mental or physical disability that makes the judge incapable of performing judicial functions; (b) incompetence; (c) gross misconduct; or (d) bankruptcy.
    Then the Judicial Complaints Commission shall, where a prima facie case has been established against a judge, submit a report to the President. The President then shall within seven days suspend the said judge and inform the JCC of the suspension.

  6. Chifire has his opinion which I will not fault but removal of Simusamba becomes inevitable as those that would have influenced otherwise could have been exposed to impropriety over the obvious thus now they want to place the onus of decision on a “working” judicial institution! Thats what happens when a choice has to be made as one finds themselves in a hard place!

  7. Simusamba is a cancer at the Zambian judiciary, He needs to be out of the system if the judiciary wants to regain any form of credibility. The whole judicial system is now worse than a joke because of one man/pf cadre

  8. Simusamba is a cancer at the Zambian judiciary, He needs to be out of the system if the judiciary wants to regain any form of credibility. The whole judicial system is now worse than a joke because of one man/pf cadre

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