
President Michael Sata has set up a Tribunal to investigate the conduct of Hon. Mr. Justice Philip Musonda Judge of the Supreme Court of the Republic of Zambia and Hon. Mr. Justice Charles Kajimanga and Hon. Mr. Justice Nigel Kalonde Mutuna Judges of the High Court of the Republic of Zambia pursuant to the Provisions of Article 98(3) of the Constitution of the Republic of Zambia.
Below are the terms of reference
1.
With respect to Justice Nigel Kalonde Mutuna, the Tribunal shall generally inquire into the conduct of Mr. Justice Nigel Kalonde Mutuna in relation to the manner in which he presided over the hearing and determination of the case of Development Bank of Zambia –v- Post Newspapers Limited, JCN Holdings Limited & Mutembo Nchito (‘The matter’) and without limiting the generality of the foregoing shall specifically inquire into the following specific charges:
• That Justice Nigel Kalonde Mutuna misbehaved and/or acted incompetently when he proceeded to hear and determine the matter without a formal order transferring the matter from Justice Albert Mark Wood before whom the matter had been heard. The circumstances under which Justice Mutuna heard the matter without a formal order from Justice Albert Mark Wood pointed to a conspiracy with Justice Philip Musonda and Justice Charles Kajimanga to defeat and/or subvert the course of justice.
• That Justice Nigel Kalonde Mutuna misbehaved and/or acted incompetently when he proceeded to hear and determine the matter in total disregard of evidence available to him that clearly demonstrated that Justice Albert Mark Wood’s independence as a Judge had been interfered with in the course of proceedings relating to the matter.
• That Justice Nigel Kalonde Mutuna misbehaved and/or acted incompetently, in the circumstances of the matter, when he proceeded to deliver judgment in a matter in which the Plaintiff had expressly indicated that it no longer intended to proceed with the matter as a result of which it filed a notice of discontinuance.
• That Justice Nigel Kalonde Mutuna misbehaved and/or acted incompetently when he allowed his impartiality and therefore his independence as a Judge to be compromised during the hearing of the matter.
2.
With respect to Justice Philip Musonda and Justice Charles Kajimanga, the Tribunal shall generally inquire into the conduct of Justice Philip Musonda and Justice Charles Kajimanga in relation to the manner in which they interfered in and illegally retrieved or caused the retrieval of the cases of Development Bank of Zambia –v- Post Newspapers Limited, JCN Holdings Limited & Mutembo Nchito and Finsbury Investments Limited –v- Antonio Ventriglia and Manuela Sebastiani Ventriglia (‘The matters’) from Justice Albert Mark Wood and without limiting the generality of the foregoing shall specifically inquire into the following specific charges:
• That Justices Philip Musonda and Charles Kajimanga misbehaved and/or acted incompetently when whilst acting together they conspired to pervert the course of justice by retrieving or causing the retrieval of the records relating to the matters from Justice Albert Mark Wood during the due execution of his judicial functions as Judge of the High Court of Zambia;
• That Justices Philip Musonda and Charles Kajimanga misbehaved and/or acted incompetently when they interfered with the independence and impartiality of Justice Albert Mark Wood by causing him, directly or indirectly to hand over the records relating to the matters which were properly and regularly being handled by him in the course of his judicial functions;
• That Justices Philip Musonda and Charles Kajimanga misbehaved and/or acted incompetently when they retrieved and/or caused the retrieval of the records relating to the matters on the basis of unverified and undocumented complaints purportedly raised off the record in complete disregard of judicial practice and etiquette;
• That Justices Philip Musonda and Charles Kajimanga jointly and whilst acting together misbehaved when owing to political considerations, exigencies and influence they retrieved and/or caused the retrieval of the records relating to the matters.
In addition to the foregoing the Tribunal shall inquire into all matters incidental and necessarily related to the foregoing and shall make recommendations to the Republican President His Excellency Mr. Michael Chilufya Sata pursuant to Article 98 (4) of the Constitution of the Republic of Zambia.
The Tribunal shall consist of the following persons:
1. Chairman- Justice L. P Chikopa , Judge of the High Court of Malawi
2. Member- Justice T.K Ndhlovu Retired Judge of the High Court of Zambia
3. Member – Justice Naboth Mwanza Retired Judge of the High Court of Zambia
The secretary shall be Ms. Chipili Katunasa
METHOD OF INQUIRY
The Tribunal shall at it’s first sitting determine the procedure and venue of its inquiry.
TIME TABLE
The Tribunal shall make its recommendations to the Republican President within a period of two months or such other period as the Tribunal may reasonably recommend to the President.
[Source State House website]