Judge Chikopa tribunal to start sitting on 18th June

Solicitor General Musa Mwenye has confirmed that the tribunal appointed to hear evidence over alleged professional misconduct involving three Judges will officially start sitting on June 18, this year.

And two retired High Court Judges, Naboth Mwanza and Thomas Ndhlovu appointed by President Michael Sata to hear evidence of the alleged professional misconduct of three Judges have refused to recuse themselves from the panel.

“Yes I can confirm that the final date has been set for the tribunal to start which is June 18, this year and that the two judges who were asked to recuse themselves will be part of the panel,” Mr Mwenye said.

Mr Mwenye said in an interview yesterday that the tribunal on preliminaries gave an opportunity to all parties involved to hear their submissions and objections saying guidelines given were that both Justices Ndhlovu and Mwanza should be part of the panel.

Supreme Court Judge, Phillip Musonda and High Court Judges Nigel Mutuna and Charles Kajimanga had alleged that the two retired Judges of the panel had issues with the trio and feared they might not receive a fair trial during hearing.

The trio was placed on suspension by President Sata to pave way for investigations but decided to seek judicial review where acting Chief Justice Lombe Chibesakunda on May 9, this year delivered a majority judgment to the effect that Mr Sata was within his powers to suspend them and to subsequently appoint a tribunal to probe them.

Mr Mwenye said the duo Judges made it clear that this was a different task compared to what had been raised and that they saw no reason to recuse themselves because the guidelines were straight forward.

He said the State had also been granted leave to statements of allegations and a list of witnesses out of time after the three Judges objected and requested the State to submit orally so that they could also respond.

The trio in their notice of intention to raise a preliminary issue before the tribunal’s preliminary hearing contended that Judge Ndhlovu refused to surrender his office to Justice Musonda after his retirement but forced himself into a situation which made him bitter.

They also prayed that the tribunal should be reconstituted and preferably by Judges nominated by the Commonwealth Judges and Magistrates Association.

That Judge Mwanza was senior resident magistrate at a time when justice Musonda worked under him in Ndola and that the duo used to quarrel a lot and that at the Industrial Relations Court when Judge Mwanza was chairperson and Judge Musonda fired his driver, he reinstated him leading to another bitter quarrel.

“That justice Musonda became his supervising Judge, and Judge Mwanza was not happy with this reversal of seniority between them. From the foregoing, it is clear that the two members of the tribunal ought to recuse themselves from sitting under Article 98 (5) of the Constitution,” they said.

They said the observance of rules of natural justice and the adage justice must not only be done but be seen to be done which was cardinal in upholding their fundamental right to receive a fair trial under the Constitution, Judicial Code of Conduct and the Rules of Law in general.