Tuesday, 1 May 2012

Judicial And Allied Workers Union Of Zambia Says President Sata Has Contravened The Constitution By Suspending The Three Judges


The Judicial And Allied Workers Union Of Zambia Says President Michael Sata Has Contravened The Constitution By Suspending The Three Judges And Subsequently Appointing A Malawian Judge To Head The Tribunal Investigating Them.

Judicial And Allied Workers Union President Peter Mwale Says President Sata Has Flouted Article 91 Subsection 2 Which Says That The Judiciary Shall Be Independent And Impartial Even Though He Is The Disciplinary Authority With The Chief Justice.
And Mr. Mwale Says The Law Association Of Zambia Must Explain To The Nation Why It Directly Approached The President And Not The Judicial Complaints Commission Which Is Supposed To Investigate Their Complaints And Refer The Matter To Relevant Authorities After Following A Disciplinary Procedure.
Mr. Mwale Who Has Noted That President Sata Should Have Followed The Right Channel Before Taking Such A Decision ,However Says The Judiciary Workers Want To See A Tribunal Which Will Work In The Interest Of The People And Yield Results Which Will Be Of Benefit To Everybody.
And Opposition Alliance For Democracy Development (Add) President Charles Milupi Says The Judiciary Will Continue To Be Undermined And Threatened By Successful Governments If The Constitution Does Not Address The Issue Of Excessive Powers Of The Executive.
Mr. Milupi Says It Is Disappointing To Note That There Is Lack Of Confidence In The Judiciary Amongst Stakeholders Which Has Led To The President Suspending Three Judges And Subsequently Appointing A Malawian Judge To Head A Tribunal To Investigate Them.
The Opposition Leader Has Questioned What Role The Chief Justice Is Going To Be Playing If It Has To Always Take The President To Institute Tribunals To Investigate Corruption Allegations Into The Judiciary.
And Zambians For Empowerment And Development President Dr Fred Mtesa Has Advised The Law Association Of Zambia To Guide The Nation Over What The Law Says When Such An Incident Occur.
Dr Mtesa Says His Party Hopes That President Sata Has The Best Legal Advisors Over The Matter Who Can Advising Him Correctly.
Meanwhile Open Society Foundation Executive Director Sunday Chanda Says The Law Association Of Zambia Must Exculpate Itself For Taking Judicial Complaints Directly To The President As This Decision Questions The Independence Of The Judiciary And Separation Of Powers.
Yesterday President Sata Suspended Supreme Court Judge Phillip Musonda, High Court Judges Charles Kajimanga And Nijel Mutuna On Allegation Of Corrupt Practices, Misconduct And Incompetence.
The President Went On Further To Appoint A Tribunal To Look Into The Matter And This Will Be Headed By A Malawian High Court Judge Lovemore Chipoka Whose Letter Of Appointment Will Be Delivered By Office Of The Vice President Deputy Minister Edgar Lungu.

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