THE controversy surrounding the tribunal constituted to investigate the three judges continues to rage this time around with the panel maintaining that it will proceed to hear allegations of professional misconduct leveled against Supreme court judge Philip Musonda despite him tendering in his resignation letter.
This follows the action by Dr Justice Musonda’s lawyers representing him stating that the tribunal constituted to probe his professional misconduct has no jurisdiction to do so because he had decided to leave office.
The letter signed by Milner Katolo the lawyer representing Dr Justice Musonda to the tribunal secretariat is dated June 7, this year.
In a response to Dr Justice Musonda’s letter to the tribunal secretariat where he contended that it had no jurisdiction to hear his evidence since he had left office, the secretary, Chipili Magayane advised that her office would sit on June 18 2013 to hear the issues raised by the judge.
The letter from Ms Magayane is dated June 10 2013 and copied to the Attorney general Mumba Malila.
This was the initial date that was set by the tribunal to start receiving evidence in the alleged professional misconduct involving Dr Justice Musonda and two High Court Judges Nigel Mutuna and Charles Kajimanga.
But Mr Justice Mutuna and Mr Justice Kajimanga rushed to the High Court to challenge the legality of constituting the tribunal and were granted leave to stay the proceedings by Judge Timothy Katenekwa until further determination of the matter.
Ms Magayane had since advised Dr Musonda’s lawyers Milner Katolo and Associates to formally bring the said issues raised before the tribunal for consideration and not through the exchange of letters.
“Please be advised that the tribunal will sit on June 18, 2013 at 09:30 hours to hear your client on the issues raised in your correspondence, in addition, we wish to reiterate that he tribunal doubts the propriety of exchanging matters of this nature by way of letter as it does not make for proper case management,” Ms Magayane said.
The Tribunal was tasked to also probe the professional misconduct of Dr Justice Musonda who instead decided to write to President Michael Sata on June 4, this year, informing him of his intention to be retired in national interest saying he had almost reached retirement age.
In his letter to the tribunal, Dr Justice Musonda through his lawyers alleged that the tribunal had no jurisdiction to probe his alleged professional misconduct because he was of the considered view that the tribunal had now no jurisdiction over him since he had voluntarily decided to leave office.
“We write to seek confirmation on the reports reaching our client to the effect that the tribunal intends to continue sitting to hear evidence against Dr Musonda notwithstanding the stay of proceedings granted by the High Court,” the lawyers said.
Dr Justice Musonda through his lawyers, Milner Katolo and Associates said there was no need to sit because he had voluntarily left office and that he was part to the proceedings before the Ndola High Court as he was facing joint allegations.
Mr Katolo said the action by Justices Kajimanga and Mutuna was challenging the very legality of the tribunal, it was his considered view that the tribunal was better advised to wait for the outcome of that matter.
He said if the court found that the tribunal was illegal and unconstitutional, then it would challenge the very core of powers of the tribunal constituted to investigate any person not only the applicants in that case.
It’s not so much about whether the tribunal was legal or not, it’s all about the professional conduct of our so called judges. People should not hide in the legal jargon of constitutionality of the tribunal. The judges should be above board. The resignation already points to something, why fear if there’s noting to fear. Let the tribunal go ahead.
Men@Work please dont expose your ignorance here like our learned AG seems to also be doing. At least he has a reason for his actions. Did the two judges contest the tribunal legality with regard to the two of them as individuals? If the tribunal is found to be illegal, what will happen to the process undergone on the part of JUdge Musonda? we just ignore it and brush it under the carpet? meanwhile people would have spent money on sitting allowances and and all other associated costs? its insane to even consider this tribunal until all legal processes are exhaustively concluded. if AG goes ahead to sanction this and its found to be illegal, are we going to cage him and chikopa for fraud?
Sido, you have interesting points there – BUT let us consider the fact that suspected unprofessional behavior is at issue here and needs to be cleared. Just observe geriatrics being thrown into prison well into their 90s for crimes they committed in their youth. I do not agree that resignation is an escape hutch; that said, should the outfit be found illegal, of course those responsible MUST be taken to task and where appropriate, as you suggest, caged.
I want to know how they fix Judgements at night with brown envelops.The auditors report has revealed how much money and bags of cement were given to sakwiba and Judge Lisimba,we also want to know about this judge.
Ba Kalok what is so unprofessional about finding Mmembe and Nchito liable for the $5m they got from DBZ ? Just pay back the $5m and let Chikopa go back to his country!
Ba Kazimule Villager – I hear you. Notice I did not specify anything in my notation. Those specifics are matters that must eventually be dealt with either by this government or the next. I am in no doubt that Nchito and Membe are also liable. If we bundle things and then peak those that we feel tips the scale we might miss the point. In Zambia today – you might agree with me – both the victim and the perpetrators have glaring indiscretions that need fixing. It is hardly true that one side alone is liable in my view.
lets assume judge philip is guilty then what? because the man has resigned already ,what is the purpose of the tribunal? is it necessary to go ahead with the tribunal to investigate a man who can easily be investigated by our own investigative wings.chikopa jst swallow your pride malawi is jst very close to zambia will call u if we need your services u have over stayed your welcome.
This government is costing the country a lot of money and time on legal issues that have no signs of ending, no wonder the country is going broke and cutting a lot of programs that benefit the poor what are they going to gain from this . time flies pretty soon it will general elections time
the tribunal has heavily been contested, why can’t it be abandoned. and what was so difficult about following the Supreme Court’s advise that it should not go ahead. but lest we forget why don’t we ask for K14bn before we start tokg about the tribunal sitting, legality, resignation, stay and nafimbi ifyabupuba…..
the man left office..so why continue..leave him alone to enjoy his leave..!!
Criminals won’t be left alone to enjoy their benefits. His resignation has not been accepted, otherwise his benefits will be forfeited. We want the truth to come out. No more legal gymnastics.
IF THE GOVERNOR OF THE BANK OF ZANBIA STEALS MONEY FROM THE BANK. AND WHILE THE STATE IS FOLLOWING HIS CASE, HE DECIDES TO RESIGN. WILL IT BE RIGHT FOR SUCH A GOVERNOR TO CLAIM THAT I HAVE ALREADY RESIGNED SO DO NOT PURSUE ME. THESE CORRUPT ACTIVITIES MUST BE FOLLOWED TO THEIR LOGICAL END. RB SHOULD NOT RUN AWAY, THESE THREE JUDGES SHOULD NOT RUNAWAY. ONLY WHEN WE KNOW THE TRUTH, SHALL THEY BE SET FREE.
AND YOUR MUTEMBO NCHITO PLUS M’MEMBE SHOULD NOT RUN AWAY REPAYING K14B PUBLIC FUNDS.WHY DID THEY RUN TO MICHAEL SATA FOR PROTECTION?
Well, NONE of the judges have stolen money, MUTEMBO & MMEMBE who have undoubtedly misappropriated public funds SHOULD BE FACING THE TRIBUNAL!!!
This tribunal wont bring food on you table. The one that benefits is Chikopa and few pf cadaz
Sido why the arogance in thnkng?To investigate profesional miconduct has nothng to do with whether one is workng or not.An investigation must go on & findngs made knwn.So judg Musonda is simply hiding undr the jargon of resigning!Wht a shame.He must the pannel .
WHAT ARE THESE LEGAL MEN AFRAID OF.
I CAN ASSURE YOU READERS, THIS ISSUE WILL OPEN A CAN OF WORMS.
SCANDALS OF WHOEVER WILL BE LAID BARE FOR ALL TO SEE.
WHEN A GIRL SAYS YOU ARE RESPONSIBLE FOR HER FAMILY WAY STATUS, WHAT
DO YOU DO AS MAN. GO TO COURT AND PROVE YOUR INNOCENCE OR ACCEPT AND
LOOK FORWARD.
mpapa fye why don’t you deal with the thieves in the name of NCHITO & MMEMBE!!
IF anyone has proof that judges were corrupt, WHY HAS NO ONE REPORTED THEM TO THE ANTI-CORRUPTION COMMISSION AS CORRUPTION IS A CRIME & what is ukwa afraid of in going down that route????
And we have spending on keeping this Malawan in expensive hotels! No wonder we have run out of money
@ Sido – Justice is expensive, the govt. is not wasting money if anything it is saving money by making sure there are credible judges in place that will not take bribes and cause us to lose more money. Wait until you or your family member goes to prison because of a corrupt judge then you will not say what you are saying.
What a silly assumption!!! As far as the terms of reference for the tribunal goes there is no mention of the said Judges taking any bribes. Bribes from who ??? DBZ??
Get real people and open your eyes, what is being fought for here is constitutional right period! Being a Judge does not take this right from you as an individual, why should a few individuals have te audacity to believe they can bypass all grievance channels and go straight to the top!! Who does the ” accused I.e the Judges” go to if they feel there was miscarriage of justice!! Clearly not to the Executive.
Mmembe and company should be ashamed of themselves!!!
Men@work, u are very right, why should these honorable judges be hiding in the legal jargon languages. To me it seems there is something they are hiding, if really they is nothing they did, why are they trying to block the Tribunal whether legal or not. The truth MUST come out even from the One who has resigned.
Just shut up and let your mmembe and Nchito pay back the money they owe the public through the DBZ.
Why cant they change that colonial uniform? I think it was made for cooler countries. It makes our judges look somewhat … well, misplaced uniform. inappropriate for our hot climate.
This issue turns on Art 98 of the Laws of Zambia that discusses judicial tenure of office. A judge can only be removed by H.E on account of infirmity of body or mind and misbehavior. It prescribes constitution of a Tribunal and its composition which will be mandated to establish the substantive merits of the allegations against the judge and recommend to H.E to remove the judge or not. Ordinarily, complaints over a judge should go to The Judicial Complaints Authority(JCA) but where H.E invokes Art 98 it means the tenure of that judge is in balance( be relieved or not). Therefore, such a Tribunal provides no recourse in this case where tenure has been discharged by retirement. However, the truth can still be pursued through the JCA, not a Tribunal.
BWANA @SIDO, IF A VILLAGE HEADMAN IS FOUND TO BE CORRUPT TO THE CORE, AFTER HIS COUNSEL OF HEADMEN WHICH HE HEADS FINDS YOU GUILTY THROUGH, INVESTIGATIONS FOR IMPREGNATING AN UNDER AGE GIRL, WILL THE COURT THROW AWAY THOSE FINDINGS, JUST BECAUSE THE HEADMAN AND OR HIS COUNSEL WERE CORRUPT? SATA IS HUMAN, HE TOO MAY BE CORRUPT. IF THE CEMENT REPORT IS ANYTHING TO GO BY, ZAMBIANS MUST GIVE SATA A CHANCE TO CLEANSE OUR SOCIETY OF THESE EVIL MEN LIKE SAKI, THE BEST HE CAN. BUT HE IS TRYING.
Why would I not want to be probed if Iam innocent?
Ndeloleshafye……..
Yes he has resigned so what? Is the tribunal there for putting him out of office? No , but to find out if he was corrupt. So the tribunal will find out if Musonda was corrupt or not. Meanwhile we thank him for leaving a vacancy for young lawyers.
Peace and Prosperity to Mother Zambia.
Whether the judges connived or not, chi Mutembo and chi Membe should pay back our money. WE NEED OUR K14BN BACK ASAP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!