THE Lusaka high court has ruled that William Harrington has the right to be heard through a tribunal over his allegations against Tourism and Arts minister Sylvia Masebo in the matter she is alleged to have interfered and abused her authority regarding the operations at Zambia Wildlife Authority (ZAWA).
Judge Dominic Sichinga said yesterday in his judgment said that the parliamentarian and ministerial code of conduct required that acting chief justice Lombe Chibesakunda was under the law required to appoint a tribunal to probe the allegations against Ms Masebo.
This is in a matter in which former Tourism Minister William Harrington had sought judicial review over Ms Justice Chibesakunda’s decision to refuse to appoint a tribunal to probe Ms Masebo on grounds that he had not supplied her with sufficient facts and particulars on the alleged breaches that Ms Masebo had committed.
But Mr Justice Sichinga said in his more than an hour judgment said that the decision by the acting chief justice to refuse to appoint a tribunal could be said to be flawed because Mr Harrington had the right to be heard under section 13 (1) and (3) of the Act.
[pullquote]“In this case, the duty imposed on the chief justice in terms of section 13 (1) is to act in one particular manner and that is to appoint a tribunal. The decision to refuse to appoint can thus be said to be flawed,” he said.[/pullquote]
He said he was satisfied that there was an illegality on the acting chief justice decision not to appoint a tribunal to investigate allegations levelled against Ms Masebo.
Mr Justice Sichinga said that the decision by Ms Justice Chibesakunda to refuse to appoint a tribunal effectively denied the applicant an opinion to be heard in the allegations he had submitted against the minister.
“In this case, the duty imposed on the chief justice in terms of section 13 (1) is to act in one particular manner and that is to appoint a tribunal. The decision to refuse to appoint can thus be said to be flawed,” he said.
He said that Mr Harrington had demonstrated the illegality and procedural impropriety allegations in the decision of Ms Justice Chibesakunda.
Mr Justice Sichinga further said that the statement by Ms Justice Chibesakunda to refuse to set up a tribunal on the grounds that Ms Masebo’s reputation would be irreparably damaged politically was a mere moral concern because the law stated otherwise.
He said all what the acting chief justice was supposed to do was to inform the President and the speaker of the national assembly about the request by Mr Harrington to have Ms Masebo probed of which she rightly did when she informed the President about the same through a letter.
He could however not grant a request by Mr Harrington to have Ms justice Chibesakunda’s decision to refuse to set up a tribunal to be quashed saying there was nothing for him to quash.
“However I have earlier in my judgment rendered the said decision to be a nullity. This means that infact there is nothing to quash and therefore I decline to grant the relief,” Mr Justice Sichinga said.
I am failing to digest the last paragraph meaningfully
no wonder you are an Italian presido material
Its like Harrington is asking for devoice from the court when he was not legally married. The judge is saying no I cant grant devoice.
The decision is a nullity, so there is nothing he can do
This is what happens when you serve others and not the law…
OM!!! had seen it a mile away
Interesting, telling the boss that she does know her job! So what is the way forward; what should Harrington do next?
I have also found it very interesting where a Boss is being told that the she erred. LAW iliko che bad nayeve mwe.
Interesting again that the CJ should rule that the political reputation of Masebo was more important than protecting the collective interest of all Zambians. Unbelievable!
Osadabwa! I am also suprised about you. Your boss steps on your toes then you tell him that he is stepping where you are stepping. Learn to tell people right in there faces if they are wrong. If the guy is stepping on you just say so, not boot leaking him. There is no two way about it, illigality is illigality.
if it was an oposition member hypocrites like saulos,luapula premium,haleisa halenya etc would say “let her face the tribunal so that she can clear her name and why is she afraid.”but sylvia is theirs kaya manje.
what is Harrington’s interest in this issue and or whose interests is he representing.?
Your interest…airhead!!!
you homosexuals cant understand.
exactly my thoughts you know!!!these fake muzungus with wildlife.there’s is definitely someone William is lobbying for,maybe someone who lost a gaming license.
Fo..ol, Someone sees something wrong is done, becomes patriotic to have the wrong corrected and you ask him whose interest he is representing? off-couse yours fo..ol.
You fathers interest because he is too dull to know a felony was committed.
yaaaaaba in this country we are in trouble indeed. breaking the law with impunity by those who are supposed to uphold it. then where are the ordinary people going to run to for protection? I wish I could bring forward 2016 within a flash. twachula mwe bantu
Another Schizophrenic judgement from the courts. The last two paragraphs just show how confused our judicail system has become.
It now sounds like it is not the job of Chief Justice to Setup a tribunal , but to just inform the president and the Chief Justice has already informed the precedent, totally confusing!!!
So, are we going to have a tribunal or not. As MMD, we set a president already and can that procedure be followed. Dora Siliya was accussed of corruption and RB asked her to step aside and a tribunal was constituted, she was cleared and re-instated , why can’t this Government do the same. And why is the judicially looking so dis-jointed? Lower courts getting it right and higher courts getting it wrong?
Another Chikopa mess here
You are right that the lower courts in Zambia are getting it right BUT the Supreme Court is mostly getting it wrong. Why? Political interfernce from the executive.
Ala te “president”. Ni “precedent”
It is not the high court that got it wrong. It is the decision of the acting chief justice, that is why it was even challenged. She made that decision not as a court but as the chief justice (head of the judiciary, one of the wings of government). Because she is making a decision as government employee – her decision can be challenged through judicial review – if she made such a decision as a supreme court the decision would not have been challenged. This goes to demonstrate that there is hope for our judicial system, we just need to accelerate the reform process.
what they r saying is that the cj fumbled.she was just supposed 2 be given notice and then set up a tribunal.i think she nids 2 read modern law books becoz now amano yalefuma mukalulu yaleya munsofu!its time 4 her 2 retire & try farming, sichinga is spot on.wachmo,he testified in the dora case,whats so special about masebo?
“The C.J messed up real bad but since we are in Africa where we don’t confront elders even wh
en they mess up we won’t reverse their decision”No 1,in a layman’s language that is what the last confused paragraph is saying.
CJ erred because she is trying hard to serve her master but law is law, it’s hard to go around it. She really needs to step down before she does a lot harm to herself and her future, the same law she is playing with will come and visit her.
CHIBESA KUNYA AT IT AGAIN. ABAKOTE MU FIFULO FYA DECISION MAKING PROCESS BAFULISHA. MAYO CHIBESA KUNYA KATUSHENI LAW YENU NAIKOTA KWATI IMWE.
CHIBESA KUNYA AT IT AGAIN. ABAKOTE MU FIFULO FYA DECISION MAKING PROCESS BAFULISHA. MAYO CHIBESA KUNYA KATUSHENI LAW YENU NAIKOTA KWATI IMWE. KUYA BEBELE.
Interesting, again that the CJ should rule that the political reputation of Masebo was more important than protecting the collective interest of all Zambians. Unbelievable!
Madam Chibesakunda,now that the way has been set,can you inform the Presiednt and set up the tribunal,it has been long over due.
The world is waiting for your action.
Law is law but where you play double standards,then we are in trouble.
Bravo Harrington for wasting your money to serve this poor leadership in Zambia.Rewards is our praise for standing up for the voiceless.
It seems we have a system in place designed to protect the reputation of some people, even when they are in the wrong. As is or was the case with Masebo in this matter. If the justice system is failing to provide sound direction, then what next?
WE WANT TO SEE WHAT LOMBE CHIBESAKUNDA IS GOING TO DO SINCE IT IS NOW CLEAR THAT SHE BREACHED THE LAW BY REFUSING TO CONSTITUTE THE TRIBUNAL. IT IS SHOCKING TO LEARN THAT CHIBESAKUNDA OPTED TO MODERATE THE LAW TO SUIT THE DICTATES OF THOSE IN POLITICAL POSITIONS. MADAM, YOU CANNOT TWIST THE LAW TO SUIT A GIVEN SITUATION BECAUSE THE LAW IS NOT SELECTIVE; IT APPLIES TO EVERYONE AS LONG AS THEY HAVE CROSSED IT’S PATH. NOW YOU CAN SEE. THE CJ IS DISGRACED BECAUSE SHE THOUGHT NO ONE WOULD CHALLENGE HER FOO.LISH RULING. THIS TIME AROUND WE SHALL FOLLOW THIS MATTER WITH KEEN INTEREST TO SEE WHERE THIS GOVERNMENT IS HEADED. THE WHOLE GOVERNMENT HAS BEEN BREACHING LAWS OF THE LAND. HOW DO YOU EXPLAIN THE RDA SAGA WHERE THERE IS NO BOARD BUT THE CHAIRMAN IS IN PLACE? WHO WAS MAKING DECISIONS?
CJ did not breach the law as you are insinuating. A recommendation to set up a tribunal must have sufficient proof to warrant such an action otherwise every jim and jack will stand up and accuse a minister of anything without tangible evidence and because you want the CJ to always follow what you want, you will end up having tribunals allover.
According to Mr Justice Sichinga, in his more than an hour judgment “the decision by the acting chief justice to refuse to appoint a tribunal could be said to be flawed because Mr Harrington had the right to be heard under section 13 (1) and (3) of the Act.” well but under what conditions should such tribunals be set? under what conditions should such rights be respected? This Sichinga is just bent on embarrassing the CJ. otherwise he is flawed…
the men of integrity..viva Harrington..Judge Sichinga is doing the right thing..
Ala judiciary yesu is being torn part by shameless thugs who only pay lip-service to the agenda of judicial reforms. Shame on the bootlicker currently occupying the CJ’s office. Her image and CV are being tarnished. Ni sebana wikute!!!!
Bravo Harrington, CJ just know your days are numbered, ur end will be disastrous banakulu. Go and rest please, we are tired with you…..
Cracks are now showing, my advice to miss Masebo……. get ready it wont hold for a long time, you might as well start putting your files were you can see them.
@cindi you made very interesting reading while being concise,ha!! governing is not easy especially if your govt is made up of recycled politicians,you should always be awake..
Why talk about the flaw when you cannot reverse the decision? Just leave it for her to reconsider her earlier decision? Please take leadership role!
Now the tribunal must b appointed and masebo will face the scrutiny in the same way Dora did!
Tribunals are just ways of showing the public that something is being done. meanwhile the fixers are working the clock cutting deals that eventually are released as official standings for tribunals. wake up pipo. its not individuals but power in control. Its allowed though so that “some of us” dont have to think.
OTHERS ARE APPOINTED, WITHOUT SEEING THEIR OFFICES THEY ARE TOLD NOT TO REPORT OR NOT EVEN TOLD WHAT TO DO AND LEFT IN A DILEMA. MWAMBA ULI MWAUME PANTU WACITILE IFYO BA SATA BALE EBA ABANTU – WHERE IS FREEDOM OF SPEECH? SHAME.
And we weere fighting for dual citizenship lol.. Zed the real Africa
“Mr Justice Sichinga further said that the statement by Ms Justice Chibesakunda to refuse to set up a tribunal on the grounds that Ms Masebo’s reputation would be irreparably damaged politically was a mere moral concern because the law stated otherwise”. Actually by not following the law the reputation of the ACJ has been damaged irreparably.
How long is this woman going to act as Chief Justice kanshi? For the entire first term of Sata’s presdiency? Why can’t the opposition MPs increase the pressure on the President and ruling party to have this rectified. This is unconstitutional and should not be put to rest until the wrong is righted. Are the opposition MPs also drunk on the PF punch purchased from the increased salaries?
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