Saturday, February 24, 2024

Emmanuel Mwamba files Complaint against the Chief Justice for alleged judicial misconduct

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Patriotic Front Presidential Candidate, Amb. Emmanuel Mwamba, this morning filed a complaint against the Chief Justice of Zambia, Hon. Mumba Malila, for alleged judicial misconduct.

In a letter to the Chairperson of the Judicial Complaints Commission (JCC), Amb. Mwamba accused Hon. Malila and Justice Jones Chinyama of misconduct for their handling of an appeal case in which they should have recused themselves. According to Mwamba, the Constitution of Zambia in Article 118, provides that judicial authority must be exercised in a fair and accountable manner.

The appeal case in question, Stella Mumba Chibanda and 3 Others Vs The People, appeal nos. 418, 419, 420, 421 of 2013, involved facts and alleged crimes committed during the disbursement of funds from a security account held in ZNCB London Branch, run by the Zambia Security Intelligence Services (ZSIS) called the ZAMTROP.

Mwamba stated that Hon. Jones Chinyama, as a Magistrate in the subsidiary court, convicted and jailed Faustin Kabwe and Aaron Chungu in 2009 for theft and being in possession of money believed to have been stolen or unlawfully obtained from the ZAMTROP account. However, on appeal to the High Court, both men were acquitted by a panel of judges comprising Judge Betty Mungomba, Judge Mwila Chitabo and Judge Annessie Bobo-Banda.

Furthermore, Mwamba noted that Hon. Malila, as Attorney General, had previously sued former President Frederick Chiluba, Stella Mumba Chibanda, Faustin Kabwe, and Aaron Chungu in the London High Court over payments made in the ZAMTROP account. He argued that these previous actions by the two judges should have led them to recuse themselves from the case, as they were likely to be prejudiced and biased against the appellants, thereby robbing them of the right to innocence and a fair hearing.

Mr. Mwamba stated that he was surprised to learn that Hon. Malila and Hon. Jones Chinyama heard and determined a Supreme appeals case involving Stella Mumba Chibanda and 3 Others Vs The People, appeal nos. 418, 419, 420, 421 of 2013. He stated that Hon. Jones Chinyama, in 2009, as Magistrate in the subsidiary court, convicted and jailed Faustin Kabwe and Aaron Chungu. The two were found guilty of theft and being in possession of money believed to have been stolen or unlawfully obtained from the ZAMTROP account. It is worth noting that on appeal to the High Court, both Faustin and Aaron Chungu were acquitted on these matters by a panel of judges comprising Judge Betty Mungomba, Judge Mwila Chitabo and Judge Annessie Bobo-Banda.

Mr. Mwamba stated that it was on record that Hon. Malila, as Attorney General and on behalf of the Republic of Zambia, sued former President, Frederick Chiluba, Stella Mumba Chibanda, Faustin Kabwe and Aaron Chungu in the London High Court, in the case of the Attorney General of Zambia Vs Meer Care& Desai (a firm) & Others {2007} EWHC 952, over payments made in the ZAMTROP account. Furthermore, in his own official Curriculum Vitae, the Chief Justice cites his experience during this period when he was Attorney General in this manner, “Was in the frontline in the fight against corruption waged by President Mwanawasa’s administration, led a team of legal and foreign lawyers against high profile individuals, concluded high level agreements on behalf of the Government to the recovery of looted assets.”

Clearly the two judges should not have sat to hear and determine this case as they were largely prejudiced and biased as their previous roles because of their their established perceptions of the appellants and therefore robbed them of the right to innocence and a fair hearing.

Mr. Mwamba stated therefore that the failure by the two Justices to recuse themselves from hearing and determining this appeal exhibits gross misconduct and deliberately prejudiced the appellants and their action consequently undermined the integrity of the judicial process.

Mr. Mwamba stated that in his view, this was a clear breach under Section 3 of the Judicial Code of Act No. 13 of 1999. He has requested the JCC to set up a tribunal to investigate the complaint as the failure to recuse themselves depicted acts of impropriety, bias and professional misconduct. He has also called on the two Justices to be suspended until the matter was concluded.

The Appeals case of 2013 of Stella Mumba Chibanda, Dr. Katele Kalumba, Faustin Kabwe and Aaron Chungu Vs The People needed Hon. Malila and Justice Chinyama to have recused themselves. The four were charged with offences related to the corrupt practices under the Anti-Corruption Act no. 46 of 1996. In this case, former Minister of Finance, Katele Kalumba was accused of receiving a bribe of £4,000.00 to expedite payments to two USA based companies that had security contracts with the Zambia Intelligence Security Services ( ZISS). Stella Chibanda as Director External Resource Mobilizationand later Permanent Secretary received $28,000 and a farm as gratification to process these payments.

33 COMMENTS

  1. Why are the clique and their PF supporters very intrested in these cases ????

    After the PF have had sources of their traditional streams of revenue from corruption and kickbacks squeezed by GRZ,…..

    Me thinks there is stashed money from that era the PF are hoping to gain access to…….

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    • Mwamba should declare interest first and formost. By the way how did the Second President of the Republic of Zambia Fredrick Titus Jacob Chiluba die?

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    • I told you it was huge error to appoint Maila to position of Pope of Justice in Zambia. Remember he worked closely with the Nchito? You can’t be good when found such people.

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  2. I am also very suspicious of the PF’s strong concerned about the ending of this case !! There must be something they are not telling us. Some people may stand to lose big. The truth will come out sooner or later.

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  3. PF or Upnd a person cannot convict you and hear your appeal. It’s against natural justice. The appeal should be handled by a different a person who will see the defense differently. Just basic common sense.

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  4. This is a good move by Emmanuel Mwamba. I hope he’s a champion of the truth and fairness, and knows what he’s talking about.

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  5. Gone are the days where you can hide things under the carpet but the problem we have in Zambia the Press is not up to the scratch so we have chilufya tayali and Fred Mmembe as our eyes who are always on the ball watching on this New dark government

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    • I have been blocked by administrators at LT.LT will allow some bloggers and articles with disparaging and hateful content,but if I hit back.it so stinging to them that they warn me through email and now, blocked me,I have been contributing on LT since 2012 and some punk at LT decided to block me just like that, So much for free speech
      If interested follow me at Zambian Observer.Hope they dont behave the same there also.

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    • @muZambian the only problem is that they are all garbage. You just have to choose which rubbish won’t give you cholera. Of late LT has joined pa marabo

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  6. Its not about PF championing the case, but we want justice to be seen and dispensed in a fair manner for all. The only prominent and fearless people in Zambia are of political affiliation, Amb. Emmanuel Mwamba included. Do you honestly expect a nonentity like any of us to raise some dust over this case and expect an audience with the judiciary?
    Back to the case, Emmanuel Mwamba has done a good thing to put on record the impropriety of the judiciary though I doubt he will get a fair hearing. BMW has put cadres in JCC who have had close dealings with the UPND. And right now they are preoccupied with 2026 plans to ensure BMW is re-elected. YALIKABA!!

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  7. I always disregard Emmanuel Mwamba, GBM and Kambwili. In this case, however, he is right to challenge the CJ. One cannot decide a case that they have previously precised upon at a lower court. It boggles the mind that the CJ had the energy to hear the case and go on to decide against it after he prosecuted the case in the lower court.
    Whatever happened to recusing himself as an interested party?
    However, the JCC is political and lacks independence, I don’t think they will find anything wrong with the CJ’s questionable behaviour.

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  8. If there is no financial gain for the clique who have suddenly found zeel to champion such a case, why………..

    Are they not fighting all other such miscarriages of justice , because………..

    This could not be the only such case……….

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    • @Spaka… you are squatting in an other person’s country. One a magistrate orders your deportation. You appeal against the order. Next at the appeal you see the same person, the magistrate that ordered your deportation presiding over your appeal… how would you feel. Remember he had asked you to mitigate the judgement, he didn’t bend and here he’s again.

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    • Dejavu

      The new dawn GRZ has no intrest apart from dispensing justice and reinforcing the anti corruption credentials………

      They have no beef with the FJT group of theives apart from serving justice……..

      Even if different officials were called upon, guilty is guilty………theft is theft…..

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    • Of course you don’t have basic common sense. You see everything okay as long as it’s done by your so-called new Dawn fimofimo.
      Remember to keep the bridge or ladder you use intact. PF are crying today because they destroyed these.

  9. If a judicial officer presides over a criminal matter against one or more persons and convicts them, does it mean that the same judicial officer cannot sit and hear another criminal case on different facts against the same persons? That’s Mwamba’s complaint against Supreme Court judge Jones Chinyama. This is poppycock but it seems not to Mwamba. If u cannot laugh at this u hv no sense of humour.

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  10. Thieves belong to the jail. They stole from Zambians, abused ZAMTROP account both in London and Zambia. Saviour Chungu should join them in jail.

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  11. The two extreme sides of the country are battling it out as from the comments which are made basing on the names and regions where they come from it’s really sad that politics now have become tribal and regional as it can be seen from the reckless prejudice and tribalism as those who support the ruling party are from one region and those opposing it from another region. One day fire will start and you’ll fail to quench it so please stop this before it gets out of hand

    • Would you care to explain how this discussion is about tribe? The fact is that the chief justice did prosecute this case personally when he was DPP. He won as the accused were convicted.
      As per legal tradition, he should have recused himself from sitting to decide this matter since when it was brought to the highest court in the land.
      I do think Mwamba is right to challenge this. How your observation is on tribe and not the quality of debate is what is wrong with our country.

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  12. What is mwambas interest he is acting as if he is one of the accused. If anything any one of the accused should have been the one to file this complaint.

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  13. He is always only supporting his fellow Bembas but thinks he can be president of Zambia. Besides, he must first tell us who strangled Chiluba to death because he was the last to be seen with him. Mwamba is a stinking murderer, he killed Kafupi.

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    • Gunner, you seem confused as to the facts of the case. Katele Kalumba and others were personally prosecuted by Malila, when he was DPP. Personally in that Malila was chief prosecutor at the magistrate’s court and not him giving instructions as DPP. The magistrate who heard the case then and gave judgment is now sitting in the supreme court. Mind you 20 years has passed since the initial case.
      Public perception is that Malila and Chinyama cannot reasonably acquit the accused now.
      This is NOT a different case sir! Those two ought to have known that they should have recused themselves.

  14. On this one CHINYAMA and MALILA were wrong. This has nothing to do with tribe or political affiliation. The JUDICIA COMPLAINTS COMMISION will have this one wasy to deal with. They failed to grant justice to Siyuni. Lets how they handle this one.

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    • What authority can u cite? Think of a police officer, a prosecutor and other law enforcement officers. Is there a limit to the number of times they can arrest and prosecute the same person if they have committed more crimes?

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  15. Gunner, you seem confused as to the facts of the case. Katele Kalumba and others were personally prosecuted by Malila, when he was DPP. Personally in that Malila was chief prosecutor at the magistrate’s court and not him giving instructions as DPP. The magistrate who heard the case then and gave judgment is now sitting in the supreme court. Mind you 20 years has passed since the initial case.
    Public perception is that Malila and Chinyama cannot reasonably acquit the accused now.
    This is NOT a different case sir! Those two ought to have known that they should have recused themselves.

  16. @chiza, when was Malila appointed as DPP?
    Never! Malila was attorney general. His job was to provide legal guidance to GRZ and not to prosecute.

    • My mistake, as AG, he had sued for compensation against the acccused. The case of AG v Katele and others. In that case, he acted personally.

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