President
Micheal Sata Has With Immediate Effect Suspended Two High Court Judges Namely;
Justice Charles Kajimanga, Justice Nigel Kalonde Mutuna And Supreme Court Judge
Phillip Musonda And Subsequently Appointed A Tribunal To Investigate
Allegations Of Misbehavior Or Incompetence Of The Three Judges.
Speaking
At A Press Briefing Today At State House President Sata Says The Pf Government
Is Committed To The Fight Against Corruption And Will Not Spare Any Effort Or
Cost In Fighting Corruption Wherever It Is Found Hence The Suspension Which Has
Been Slapped On The Three Judges Pursuant To The Powers Vested In Him Under The
Constitution Of Zambia.
President
Sata Says Since The Election Of The Pf Government In September, Last Year He
Has Received Numerous Representations And Complaints About Corruption In The
Judiciary And The Need For The Government To Do Something About These
Complaints.
He
Says Some Of The Complaints Have Emanated From The Law Association Of Zambia,
Individual Legal Practitioners And Members Of The Public In General However His
Government Has Been Slow To Act On These General Allegations Because The
Integrity And Independence Of The Judiciary Is An Important Principal Which The
Pf Government Is Not Willing To Violate.
President
Sata Says While Upholding The Integrity And Independence Of The Judiciary Is
Important, It Is Equally Important That Specific And Credible Allegations
Against Judges Are Investigated For Us To Start Reclaiming The Tarnished Image
Of The Judiciary.
He
Has Reiterated That The Fight Against Corruption Must Be All Embracing And Must
Be Anchored On The Basis Of Equality Before The Law Adding That General And
Unsubstantiated Allegations Against The Judiciary Are Inimical To The
Independence And Impartiality Of The Judiciary.
President Sata Adds That His Government, In Its Quest To Fight Corruption And Restore Dignity And Integrity In The Institutions Of Government Shall Investigate All Specific And Credible Allegations Misconduct Within The Judiciary.
The Tribunal Which Has Appointed To Investigate the Alleged Misbehavior or Incompetence of the Three Judges Will Be Headed By A Malawian Court Judge Lovemore Chikopa and Will Comprise Of Retired High Court Judges Timothy Ndhlovu, Naboth Mwanza And The Secretary will be Ms. Chipili Katunasa.
President Sata Adds That His Government, In Its Quest To Fight Corruption And Restore Dignity And Integrity In The Institutions Of Government Shall Investigate All Specific And Credible Allegations Misconduct Within The Judiciary.
The Tribunal Which Has Appointed To Investigate the Alleged Misbehavior or Incompetence of the Three Judges Will Be Headed By A Malawian Court Judge Lovemore Chikopa and Will Comprise Of Retired High Court Judges Timothy Ndhlovu, Naboth Mwanza And The Secretary will be Ms. Chipili Katunasa.
under
the terms of reference of the tribunal set up to investigate the alleged misbehavior
of the three judges the Tribunal shall generally inquire into the conduct of 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, Post Newspapers Limited, JCN Holdings Limited
and Mutembo Nchito and without limiting
the generality of the foregoing shall specifically inquire into the following
specific charges.
The
tribunal shall also look at whether 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.
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.
It
shall also look at 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.
The
tribunal will also look at 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.
It
shall also look at 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.
And
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 and Mutembo Nchito and Finsbury
Investments Limited, Antonio Ventriglia and Manuela Sebastiani Ventriglia from Justice Albert Mark Wood and without
limiting the generality of the foregoing shall specifically inquire into the
following specific charges.
It
shall also look at whether 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.
The
set tribunal will look at whether 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.
It
will further look at whether 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.
And
lastly will look at whether 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 at its first sitting
determine the procedure and venue of its inquiry and The Tribunal shall make
its recommendations to the President within a period of two months or such
other period as the Tribunal may reasonably recommend to the President
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