Suspended Supreme Court Judge, Phillip Musonda, has said that he has no intention of challenging President Michael Sata’s constitutional power of banning him and setting up a tribunal to investigate him and two other judges.
He said this in a statement issued yesterday by his lawyer, Mumba Kapumpa of Mumba S Kapumpa Advocates. Mr Justice Musonda said it was not his intention to challenge, condemn or denounce President Sata’s constitutional authority to suspend him and his colleagues and set up the tribunal.
He said he had never been a politician and had never consulted a politician on any matter concerning the setting up of the tribunal. Mr Justice Musonda appealed to all concerned parties to respect his desire to have the matter settled in a dignified and equitable manner as “justice is for all”.
And University of Zambia Students Union (UNZASU) says interest groups should allow the tribunal set up to probe alleged impropriety of three suspended judges to conduct its work to ensure the due process of the law takes its course.
Union secretary general, Sishekanu Mwauluka said non-governmental organisations (NGOs) and political parties should accord the judicial officers a chance to clear themselves of the allegations levelled against them.
“We believe the tribunal is a platform that will accord all the concerned parties an opportunity to be heard in a fair and amicable manner and further instill people’s confidence in the conduct of the judicial arm of Government,” he said.
Mr Mwauluka said in a statement in Lusaka yesterday that the union viewed the recent actions as a mark of desperation and fear on the part of the accused and opposition political parties.
He wondered whether the concerned parties were not embarrassed that before the tribunal started its work, Mr Justice Musonda had already asked for early retirement.
Others suspended were High Court judges, Charles Kajimanga and Nigel Mutuna.
Mr Mwauluka wondered what the opposition parties’ reaction would be if the tribunal cleared the judges of the allegations.
He reminded Zambians that when Chief Justice Ernest Sakala appointed a tribunal to probe former Communications and Transport minister, Dora Siliya over the Zamtel evaluation, the decision was welcomed by most Zambians and that Ms Siliya was found wanting by the tribunal.
The chief justice used the Ministerial and Parliamentary Code of Conduct to appoint the tribunal.
Ms Siliya, who had quit her ministerial position, took the matter to court where she was acquitted by Judge Phillip Musonda.
“What has changed today? Let us allow the due process of the law to take its course even in this matter,” Mr Mwauluka said.
He said it was for this reason that UNZASU supported judicial reforms that would clean up the judicial system.
Opposition political parties have condemned the suspension of the three judges.
The parties have also “rejected” the appointment of Malawian High Court Judge, Lovemore Chikopa as chairperson of the tribunal.
[Times of Zambia]
So then what are you trying to do? Zambian judicial system is rotten to the core starting from the head, the chief justice. The whole system needs an overhaul. These people think that they are invincible and that nobody can challenge them. It is about time the judiciary became answerable to the people.
14billion
Very Bad way of cleaning up the judiciary.
What happened to the independence of the judiciary? Zambia is going in the wrong direction and its quite scary to think of what will be left after all the “clean up” is done.
Mr Mwauluka wondered what the opposition parties’ reaction would be if the tribunal cleared the judges of the allegations.!!!!!! of course HH will start complaining!!!! but as far as i know something fishy has been going on in the judiciary….
thats a good one ba musonda you have shown respect to authority .don’t listen to fake oppositions leaders bana shala neka party.i thought ba miyanda na ba milupi had brains kanshi fi pumbu.very dull and useless .
Anso he looks ati scared in this picture.
I wonder why Zambians always choose to distort facts. Opposition political parties are not against the fight against corruption. Their demand and the demand of all normal Zambians is that it should be wholistic and not seen to be shielding those close to the powers that be. As for UNZA chaps, we know the brats have been bribed. As for judge Musonda, he is yapping because he is guilty just as they all are in the clan. Cage the guilty and lets have the thieves pay back the money or cage them too, sha.
Speak on your own behalf madam. Are you sure about what you are saying?
Phillip Musonda looks like someone who is about to seek asylum in the Somalian embassy or indeed commit suicide in one of the trees in the embassy park opposite the tomb of the “stinkiest” thief Chiluba.
We don’t expect any less from a Musonda, they are so unprincipled, typical. Why are the others quiet???
Best way to clean up the judicially is by Re-visit the penal code it somehow contradicts itself ,hence delaying justice.
So it’s Justice Musonda who cleared Dora,no wonder he’s in trouble then just like the Justice Minister whose tribunal found that Dora had done nothing wrong,Sata should be ashamed of himself especially for embarrassing the Justice Minister in public over the Dora isssue and for the unthinkable things he has said and done in the few month of his Presidency,what a disgrace,i hope Justice Musonda and the other 2 Judges are cleared then what should follow is impeachment proceedings against Sata as Zambia cannot afford to have him for another 4 and half years,he’s a liability.
Whats with the white wig?he looks like a zombie.Its high time we threw these colonial attires.Why are they not Black wigs?ubututu ba judiciary.
Ba Judge bachula sana
why is the focus on musonda alone? and why is he the only one who seems jitary?
In South Africa, Judges have more powers than Presidents. Mbeki tried to be funny with them, he was out
Shock and awe? Not in the slightest sense.What is going on in the Judiciary is not only unique to Zambia but to the rest of the world legal system.If he acquitted Dora BASED on the evidence available or lack of it then he might not have erred.In the civilised world it is not for a mob to decide who is guilty or not but there are procedural rules that govern than.Otherwise there would be no defence for a murderer.For all you NON Legal minds out there;THERE IS NO JUSTICE BUT THE LAW.
Weo Musonda uyopanji mambala?
Pippa, please revisit his verdict both on Dora and Chiluiba and you will soon realise that if there ever was a Kamikaze Dog of War judge on our High and Supreme court benches in Zambia ready to be rented to the highest political bidder, it was Phillip Musonda. Hardly three months after he freed Chiluba on notoriouslty vexatious grounds, Bwezani moved Phillip’s stinking backside 9where it has never shone) off ther High Court bench upwards to the Supreme one in the land as a reward. In as much as I revile Sata and I know he can be a cantankerous lunatic most times, I fully agree with him on his decision to roast Musonda’s bullocks!
The reality is that a grade 5 President is telling proffessional judicial officers how to do their work. Only in Africa. Without sounding racist, sometimes I think when a good idea or principle goes through an Africans mind, it comes out bastardised. I have seen this in many instances. In this case you have fairly a good constitution in place. A corrupt president decides to translate it in his own way to suits his needs and that of his friends. Result is this so called tribunal. If the judiciary is indeed corrupt, then a comprehensive review of the system was required and not one targeted at particular individuals. In think Ian Smith was right about our continent.
Mukateke mwe basambilila kaili!Grade 5 kwisa what education did FTJ have and he led you for 10 years what about KK?Reason before you write.
what next ?
Observer, it looks like you are the one who is a grade 5. The President is within his rights and the law to set up a tribunal to investigate conduct of Judicial officers. This Judge Musonda is responsible for Siliya’s suspicious acquittal during the Rupiah government and as a nation we want to know how that happened especially that more senior Judges found her wanting of abuse of office charges.
at 18, Observer
The fact is, the very educated judges where busy supporting corrupt individuals at the expense of the poor and uneducated Zambians. So who has worn the fight? The Educated Musonda and his crones or the ‘uneducated’ president and the poor Zambians?
Judge Muonda is a typical Bemba coward….. asokonezeka na zocita zake! If u look at the compostion of the Tribunal its all Chewas and Ngonis….the THREE wise men…azachiona musonda wanu…uyopanji mambala!
It is good to note that the Judiciary has a right to justice, and that it is not itself above the law.
Both Justice Musonda and the UNZA spokesperson are making sense.
We wait for the proceedings.
UNZASU said “….mark of desperation and fear on the part of the accused and opposition political parties”. i think such analysis is not befitting a university student. What is the difference between a grade 7 drop out and university student in analysing the issues. Mwauluka sounds more of a political cadre than an executive member.
What are people scared off? The Tribunal is in place, the Malawian Judge has come; let us give it a chance to do its work and see what comes out. Then it will make sense to complain or condemn.
First he says his life is in danger. And Nchito is out to get him.
Then he says he will seek asylum in a foreign embassy.
Then he threatens to commit suicide (this was the best one).
Then now he agrees with principle of tribunal.
Even I would have trouble having a case presided over by a judge who looks like a stole the last piece of chicken in the pot, has greasy hands and lips as evidence, denies stealing the tasty chicken and changes his alibi with more ease than a woman who can not decide which pair of second hand shoes to buy even when she knows she can not afford them.
A judge with no pride. You must be guilty of something. But that doesnt mean the 14 billion kwacha should be written off. It must be paid back. Nkongole siola. We will demand for it even in 2021 until its paid back.
Why is this judge in the media everyday?
Generally the majority of Zambians dwell on hatred that’s the order of the day, people are very happy when something bad happens to another, they literally look forward to meeting and having discussions on how this and that person is now suffering. Unfortunately even priests, pastors and bishops practice hatred too and make it known openly! Its a pity with this kind of negative collective thinking the country has it will take a while to progress if at all ever, because the majority focus on revenge and hate!
Ba Musonda considering you are the one who acquitted Dora Chisusu Siliya”,Hope you are not running away from your own shadow”
The people who have failed our country are ALL those claiming to be highly educated. Why cant we let Judge Musonda exornerate himself? The Judges need to come clean only through the tribunal as set by our President. Why are we attacking the President and not LAZ? The complaints came through LAZ and the President is merely trying to establish the truth. We must always work with facts.
This is good!!! Let the broom sweep even wider, even ALL LAWYERS must be checked. They are the ones who conive with the Judicial Officers when it comes to orchestrating judicial outcomes to feed their insatiable appetites for blood money. They are all corrupt and counter-productive. Squeeze their balls, twist them until they break loose. Twanaka nabo ba kapoli. Too much of self importance, they thought they were untouchables for ever.
John @21 and Kwekwe@22
Let’s be serious guys! The terms of reference (what they will investigate) is limited to the case of DBZ and not the Siliya and Chiluba cases that you are thinking of. And the fact that these two very suspicious cases have been left out will suggest that the President is not so bothered about that but more about shielding his friends from being exposed and letting them pay the K14b, the owe the poor Zambains. Therefore KweKwe @22 revisit your statement and you may want to change who is who…
Judge Musonda is an Embarrassment to the Zambian justice system. These Judges lost their values and became so complacent, unethical and corrupt. Whoever is condemning the President on this matter is not serious. Musonda has nothing to say and should just shut up. Wait for the report, many issues will come forth. Let the three be jailed.
Ba kaamba ba kapingula bamilandu ba tata ba Musonda,I think you better know yourself what you did how best or bad you conducted your affairs.How come you are the only chap crying louder than the other 2 of your friends?
We have told you we have just started the sweeping and washing of the country from corruption all those who are dirty bali ne fiko fya corruption bafwile bachapwa bane,so ba tata fyala ba Musonda mwa yamba shani ukulila bwangu tekanyeni tailateka no kuteka…
I think something is seriously wrong with Bembas, honestly they make headlines whereever they are but in the wrong activities. I may sound tribal but I think truth is truth and must be told. You guys are holding all of us at ransom and embarrasing us all the time. Is it not possible to change for the better. This Musonda man is already doing it in style, the way we know them!!!!
Sad state of affairs now they so called opposition leaders look silly following bitter numb-heads like ka HH, instead of utilising this time to debate about the Draft constitution, they are busy depending crooks. That bent judge knows better than to shut up as he is a rotten apple.
Mwanya ba makaka. Malawians are known to be rampant booty lickers. Therefore, you know what we expect from Judge Chikopa. He knows which side of the bread is bettered.
Impeach this serpent period, hes got no agenda for zambia
@mimi, don’t bring yr zambian watchmbwa stinking tribalism to this professional site u imbecile. Don’t u know u can find musonda even in nortwestern province. Ur such a cursed tribe no wonder your type will never rule this country.continue hurting with hate
@ No. 7 & 37 Mimi, are you suffering from bi-polar or schizophrenia? Your comments in the 2 blogs are inconsistent or somebody has hijacjed your alias.
Judge Musonda will have an opportunity before the tribunal to clear his name. if some evidence will be found to be too incriminating as to need prosecution, the due process of the law will be followed. He should stop sounding desperate and disrespectful! The president is within his constitutionsl powers to constitute a tribunal especially if that is instigated by the LAZ! No. 34 It’s a worry; your propaganda will lead you into problems one of these days! Just saying.
Judge Phillip Musonda is a man of noble character and a Lion he stands for intergrity therefore he deserves to be treated with regardless of whatever t the allegations. Concerned citizen living abroad
Judge Phillip Musonda is a man of noble character and a Lion he stands for intergrity therefore he deserves to be treated with respect reregardless of swhatever the allegations. Concerned citizen living abroad
Facts are facts and no matter how vulgar mouthed you choose to be, it won’t change a thing. Get a life.
Must be quite agonizing and humiliating for the ‘political’ leaders of the non-starter parties to come a cropper in this way. Championing a non cause. Shame ba Miyanda, makamaka.
The monks of nowadays have no brains,is such a scandle called cleansing the judiciary,cleansing is a process,and not the way Sata has put himself in the mud by suspending judges.And what cleansing? if the other judges,and entire judicial system is not touched?So cleansing by monks standard is to see the biased trial and vindication of the judges?Shame.
The agony is the opposition fighting on behalf of someone who believes the president is constitutionary right in constituting the tribunal.
@Nachula
Well said and it is surprising how blinded the majority of bloggers on this article seem to be. There is a wrong view that corruption and protecting the guilty is what is to be investigated. Mpanga ya…something@42 are even suggesting incriminating evidence. This investigation is about misconduct and what role Judge Musonda played in the transfer of the case that is it. The worst the can do is dismiss them but the criminals in this saga are the DPP and Co, trying to avoid paying the owed K14b. Lets not forget that and that is the basis of this issue.
THAT is not the basis of this issue foo!, no matter how much you want it to be. The people with a bone to pick with Mmembe and Nchito are TRYING to make it the issue. Lets not get delusional in our hatred for other people who may be entirely innocent
i dont think we are that stupid as a country,modernity is not what is wrong its about how the wrong is dealt with.i dont care whether the gudges r wrong but i think the constitution powers of the president are wrongly given.
Even in SA judges are probed so why not clean the whole system…. how many judges have lost their job in the USA because of misconduct…judges are not super humans…a clean case of absolute corruption was thrown out by ka Musonda (Siliya casee) if you have lost respect for a judge how do you clean him/her up….well done Mr. President…..even LAZ welcomed the move so tu bloggers not in support shut up atase
SATA and his governance!!!
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It is actaully very possible that SATA did not pay or finish paying his legal fees to the Malawian judge when he defended him in his deportation case.
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The zeal to bring the man in Zambia to head the tribunal could be a way of using tax payers moneys to pay back this Malawian judge.
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It is also possible that the three judges have just found themselves as victims of a planned move to use state funds by SATA to ‘kill 2 birds using one stone’, i.e. reward Nchito and Mmembe on one hand, while paying back or reward the malawian lawyer on the other hand using state funds.
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Those who dont see or read between lines are still in a celebration mood, still dancing that PF won the elections and clapping for every move that SATA makes – they can’t see.