ATTORNEY General Mumba Malila says the State will file an application before Ndola High Court Judge Mwiinde Siavwapa asking him to discharge his ruling that granted two High Court judges leave to commence judicial review to challenging the legality of the tribunal constituted to prove their alleged professional misconduct.
Mr Justice Siavwapa on Wednesday granted Judge Nigel Mutuna and Charles Kajimanga an exparte application to start judicial review to challenge the legality of the tribunal and that the same should operate as a stay of the tribunal proceedings which were scheduled to start on June 18, 2013.
But Mr Malila said in an interview yesterday that the ruling of the Supreme Court was clear in that the proceedings of the tribunal could not be arrested as they were investigative in nature.
He said the Supreme Court ruling was clear in its judgment to the effect that President Michael Sata was within his powers to suspend the judges and subsequently set up a tribunal to probe them.
He said the essence of the application would be to ask the same Mr justice Siavwapa to interpret the meaning of the Supreme Court judgment and for him to subsequently discharge his ruling and allow for the tribunal sittings to go ahead.
His office was already in the process of preparing documentation which would be filed before court by Tuesday next week.
The two judges are seeking judicial review challenging the legality of the tribunal set by Mr Sata to probe the duo, together with Supreme Court judge Philip Musonda for alleged misconduct.
The drama goes on,,, seems no one is going down without a fight!!! haahahah
For you chikopa,,, you can enjoy yourself… zambia has excess cash just for you… with removal of subsidies be assured and donot worry… there is alots of cash,,,, whatever you want as you chill get!!!
I love to hear the legal arguments profered by the AG.
Surely, how can the High Court Judge overrule the decision of the supreme court?
This high court ruling is simply a nulity ab-initio
@chi kambwili what?
no one has overruled anything here… the high judge simply gave a go ahead with judicial reveiw,,, therefore as the review takes place the tribunal should be put on ice,,,simple!!!
LT your is getting boring, can you please update me on RB (president of all zambians)s`departure for RSA!!
RB’s departure has been blocked by the Immigration authorities. Read Zambian Watchdog
He has not travelled,he had issues with immigration.separation of powers at work.
What are these Judges fearing? You have indicated to us that your hands are not clean and who is this Ndola High Court Judge to rule against the Supreme Court? Let the probe commence. Leave not granted said by the majority of Zambians.
They are afraid of UKwa’s Kangaroo court instituted to protect the criminals who defrauded the Zambian public.
The law is fair in its status over this issue. The genesis of all this hu- haa is that because the 3 judges found Mmembe, Nchito and the Post newspaper owing K14 million to Zambians through DBZ, were put in the dock and ordered to pay by the judges. This didn’t please Sata. Because Sata is president thought he can tramp all over the laws and personally calls in judge Chikopa without seeking any legal advice to preside this issue by an enquiry. This matter has constitutional impediments which are proving Sata ineffective in his fight. Even if he forces matters as what seems to be the likely path he will take, SERIOUS damage will be done to the constitutional rights of Zambia. This was warned by judge Chibesakunda. The 2 judges have several avenues that will keep embarassing Sata.
Looks like we will have to wait another year before the judges can give us their side of the story. No problem, I have known cases which drag on for years before a court appearance is given. this is not only peculiar to Zambia, but world over even in developed Judiciaries.
Their Constitutional Right being: “Complaints against them , should be presented to the Judicial Complaints Authority (JCA), which then advises the Chief Justice , who then recommends to the President to call for the Tribunal!!!!” No monkey tricks like cosying up with the president, who then thinks he can bypass this process – & then subject Judges to kangaroo courts!!!!
The sadness in all this is that the Supreme Court has found itself mired in this case becoz it was led by an “Acting” CJ. Miserably misinterpreted the Constitution. By arguing that it’s in the Presido’s right to call for a Tribunal without following procedure, is like saying if presido, being commander in chief one morning on a whim says we invade Congo, he is right – No! There are processes……..
……to be followed, like he has to convene cabinet, show reason why!!!
All complaints about Judges should be presented to JCA – the only recognised body! JCA then looks into the merits of the case, if there is some reasonable cause, JCA the reports to the CJ (Not pseudo CJ!!), who then considering that advice recommends to Presido to CALL for the Tribunal!! So this CASE IS GOING NOWHERE!!!
THE CONSTITUTION GIVES THESE JUDGES PROTECTION, in that Vindictive complaints wont pass without scrutiny! So cosying up with the presido & misinforming him that he can pull this trigger is really dumb!!!
Hoping that these Judges will be ignorant enough as to saunter onto Chikopa’s “Chopping Board” is indeed a joke!
The Law establishment in Zed, rather should I say those privileged enough to be in govt & guiding it are indeed a disgrace. For all their combined years at University, they fail to interpret the Constitution! The current Supreme Court, under the helm of a unilaterally appointed acting CJ, has just crowned this circus with their recent judgement. The AG for example can’t give an outright reason why our VP can’t act as president! For someone to qualify to be appointed as VP, one should be able to assume the Presidency in the absence of the President!
If the AG feels the Ndola High court has erred by going against the Judgement of the Supreme Court, WHY DOESN’T HE REPORT THIS JUDGE TO THE JCC or JCA for Professional Misconduct?????????????
Malila acted more professionally under RB ,he even stood his guns defending the people over Zamtel. but after being brought back by MCS having being hounded out by RB after failing out of favor with the latter, he now thinks he is the smartest legal brain around. what was wrong in heeding The Supreme Court’s advice not to let the Malawan judge headed tribunal to go ahead?
Having uneducated person for president can set you back
This all because one being with too much power. The judges
Are simply exercising their rights so this case will drag on for a long time