
The Supreme Court judgment is really ambiguous and suspicious and it seriously erodes the confidence of the judiciary among the citizens.
It also confirms the perception that our government under siege by a few individuals who think they are larger than the majority Zambians who gave Michael Chilufya Sata a job in September 2011.
President Sata seems to be answerable to these few individuals than the majority Zambians that gave him that vote he dearly wanted for the ten years he was in the opposition.
This case of Judge Lovemore Chikopa has its genesis in the DBZ Vs. JCN Holdings and the Post Newspaper.
The three judges entangled themselves in this case out of duty and delivered a judgment through Judge Nigel Mutuna.
By delivering that judgment against the “Mighty Two” the three judges burnt their fingers and smoked their professional integrity.
To fix them, a morally questionable Judge Chikopa was hastily brought in from Malawi.
[pullquote]By delivering that judgment against the “Mighty Two” the three judges burnt their fingers and smoked their professional integrity.[/pullquote]
Judge Chikopa is the Executioner of the sacrificial lambs that have to die professionally for doing their job.
Yes, they have to be sacrificed so that others can see that you don’t have to play with the big boys with connection to State house.
It reminds me of the olden days when we used to say “UNIP – Mulilo, Waikatako – Wapya!” (UNIP – is Fire, You touch it – you are burnt).
I wonder what future lies ahead for the other three Judges, Justice Mervin Mwanamwambwa, Justice Irene Muyovwe and Justice Hilda Chibomba, who disagreed with the rest of the Supreme bench in the majority judgment?
I would not be surprised if these three judges, including High Court Judge F. Chisanga, are victimized or deployed in undesirable manner to make them pay for touching the “Big Boys” of our dearest once Man of the people, man of action H.E Michael Chilufya Sata.
The State has been very determined to sort out the three judges and this is why they have kept Judge Chikopa for so long.
They knew this would come to pass and they know Judge Chikopa will do the job he was hired for.
If anything, this man is already compromised by the fact that he was accorded five star hospitality in Hotels and luxurious villas in Zambia, eating free food, drinks and a good perk for his family back home.
Surely even if there was a genuine case to probe, can such a man be trusted to conduct a fair and independent investigation?
The Acting Chief Justice owes a lot to President Sata, otherwise she is nowhere near that office by qualification.
It’s only Sata who can keep her in an acting position for this long defying all professional advice.
Her Ladyship has passed her usefulness at the helm of our Judiciary.
[pullquote]She would have emphasized the silent law on separation of powers that a Judicial Complaint Commission is there to serve a purpose and the Executive need to respect all procedures set in disciplining erring Judges.[/pullquote]
If indeed she had anything worth being in that office for, the nation would have been granted a tribunal to probe Hon. Sylvia Masebo over the ZAWA debacle.
If Justice Chibesakunda was useful, she could have accented the independence of the Judiciary by seeing rationale in Justice Flugency Chisanga’s judgment.
She would have emphasized the silent law on separation of powers that a Judicial Complaint Commission is there to serve a purpose and the Executive need to respect all procedures set in disciplining erring Judges.
With this judgment, how is the independence of the Judiciary guaranteed and where is the separation of powers?
With the fore-going, the civil society and all well-meaning Zambians need to unite to demand for Justice in the Chikopa tribunal.
Comprehensive Judicial reforms have to be instituted starting with the removal of Justice Chibesakunda and her deputy.
CHILUFYA TAYALI
Executive Director
The Zambian Voice
12 MAY 2013





