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Suspension of three judges shocks MMD.
The movement for multi democracy MMD has expressed shock on the suspension on three high court judges by President Michael Sata.
MMD acting president Michael Mabenga says that the manner in which the decision was made raises serious questions on the judicial process in Zambia.
Mr. Mabenga says decisions regarding the suspension of judges are of great magnitude and are exceptionally rare.
He says that such drastic decisions are only fearfully entertained after thorough reflection and due consideration of all possible harmful effects they will have on the system of arbitration.
He says that while the MMD believes in an aggressive fight against corruption is necessary and that judicial reform is required, arbitrary and fragmented executive decisions should not be taken that give the impression that the president is seeking to protect certain stakeholder partisan interest in disregard of the integrity of the bench.
Mr. Mabenga says that though the MMD might not be privy to the full facts regarding the cases itemized as a term of reference for the said tribunal, the party believes that the hurried nature and timing of the action taken leads itself to suspicion that they are other fundamental wrongs and injustices that may be committed as a result of the presidential decision.
Qfm
Posted by
kangwa kasonde
May 2, 2012 at 8:52 am
Yes this decision will raise suspicions as to whether we have an independent judiciary in the country espacially that the judicial complaints commission did not receive any complaints concerning the three judges. I doubt if at all our judges will carry out their duties with a free mind after this episode.
Wanyafye FC
May 2, 2012 at 9:02 am
Once again we will say- Enjoy the shock Mr Mabenga and we hope it’s 66kv you are being treated to. Under MMD, we saw a lot of made-to-order judgements. Sad. A boy steals a belt or shoots an impala and languishes in jail. A woman receives stolen goods from a known thief and she only stays in jail for one night and is later discharges “due to insufficient evidence, blah, blah.” Enter PF! Muzi wapya.
Sartre
May 2, 2012 at 9:08 am
I think the president had good reasons for doing this – i saw the legal brains nodding their heads in approval, infact laz has also welcomed the move. Has mabenga become a lawyer?
NACHI
May 2, 2012 at 9:30 am
Lets hope that the Tribunal proceedings will be aired live as it was dine with the South African police chief. This will give Zambians a chance to undestand and make their own view.
G man
May 2, 2012 at 9:32 am
We need independence in the Judiciary. Decisions like those should not come sudden. May the political parties put their hands of a system that protects people’s freedoms. We need proper reasons for suck developments.
atm
May 2, 2012 at 9:35 am
What do u expect from mabenga?
Prof; Zick
May 2, 2012 at 9:40 am
A guilty is always afraid,only Mabenga is complaining,no one is above the law,MMD made judges to acquit corrupt people,i think he is right to be afraid because justice is coming
LOLOZ
May 2, 2012 at 9:49 am
LET HIM PERFORM HIS DUTIES, MR MABENGA IS THERE TO CRITISIZE EVERY MOVE THE PF MAKE, THE PRESIDENT HAD GOOD RESOANS FOR DOING THIS.
Chibalulu
May 2, 2012 at 9:54 am
In Zambia, there too many dull politicians who have no patience and do not first understand the circumstances that has made a certain decision be taken.
mwamba
May 2, 2012 at 9:55 am
mabenga for sure will be shocked for him does not know the difference between right and wrong judge musonda and judge kajimanga are a disgrace to the bench just look at
leon
May 2, 2012 at 10:07 am
THE LAW IS ABOVE ALL ANY FOOL CAN MASTER LAW,BUT ULTIMATELY HIS OR HER TRUE SELF WILL MANIFEST ONE DAY
Youngest DJ
May 2, 2012 at 10:16 am
Viva PF Viva pabwato. Mabenga just kip quiet.
chilu04
May 2, 2012 at 10:17 am
am not shocked that mmd are complaining.those judges were being paid by mmd to clear there corrupt members….
Josef P
May 2, 2012 at 10:18 am
It is very sad that the courts are now being policed by president who himself is not infallible. WHO DOES NOT KNOW the profile of our leaders? Automatically, our judges will now have to ensure that president is happy with the decisions that they come up with…..
Live Counsel
May 2, 2012 at 10:27 am
If I were Judge Musonda Kajimanga Mutuna, I would keep quiet & let the appointing authority dissappoint me. if agrieved, then sue for compensation (hire a lawyer to face another Judge).
The question is WHO appoints/DISSAPOINTS these (above the law)Judges?
PUPPET MASTER
May 2, 2012 at 10:57 am
The judicial complaints authority ought to have been allowed to exhaust their mandate before a hurriedly set up tribunal was convened which may just prove costly to the tax payer…. AGAIN!
Ba Zed
May 2, 2012 at 11:24 am
it seems like Mabenga doesn’t understand and doesn’t know what he is talking about. but one thing I know is that those corrupt judges were paid by MMD and they knew about that case…. MMD is no more, let others do their work coz its their time. VIVA PA BWATO…. VIVA PRESIDENT SATA… VIVA PF Gvmt. and abash Mabenga and yr corrupt chaps
sniper
May 2, 2012 at 11:35 am
Procedure was not followed when suspending…I dnt support mmd but there should be sense in wat mabenga z talking about…what z th JOB of chief justice?
Didi
May 2, 2012 at 11:44 am
I am shocked that the MMD party is shocked. Waiting to hear from HH
shootist
May 2, 2012 at 12:46 pm
This ka site if full of Bembas Supporting every move that PF makes. Guys lets learn to question certain actions. What if it turns out that Membe Fred Ingeneered this since he wants favours from Sata for suporting him??????? Will sata be in power forever? Wht happens to the judgement passed for fred to pay 14bn..will the next govn brush it aside too..these are some of the qns we need to ask ourslves.
Sesenta Komakoma
May 2, 2012 at 12:49 pm
Phillip Musonda is ABSOLUTELY corrupt, Kajimanga should haver NEVER been appointed as judge. Very DULL. Lusaka MOTH club members can testify!
Automatic Dick
May 2, 2012 at 12:53 pm
Right move mr president ,just fire all the corrupt judges and bring those who are willing to work for this peaceful country.
Boma ni boma whether you like it or not he has the power.Mabenga you still not believe that MMD chalipwa ?
KAKOOKA
May 2, 2012 at 3:25 pm
I never understand Zambians. We prefer to let the rotten in society go scot free. When action is taken against the prepetrators of crime they are perceived as victims by us same Zambians and we are quick to be their advocates.
Seethat
May 2, 2012 at 3:48 pm
Politics aside, this is what the Constitution says regarding this matter
ARTICLE 98. [Tenure of office of judges of Supreme and High Court]
(2) A judge of the Supreme Court, High Court, ….. may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind, incompetence or misbehaviour and shall not be so removed except in accordance with the provisions of this Article.
(3) If the President considers that the question of removing a judge of the Supreme Court or of
the High Court under this Article ought to be investigated, then –
(a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other
members, who hold or have held high judicial office;
(5) If the question of removing a judge of the Supreme Court or of the High Court from office has
been referred to a tribunal under clause (3), the President may suspend the judge from
performing the functions of his office, and any such suspension may at any time be revoked by
the President and shall in any case cease to have effect if the tribunal advises the President that
the judge ought not to be removed from office.
(6) The provisions of this Article shall be without prejudice to the provisions of Article 96.
Ken
May 2, 2012 at 4:14 pm
That is why we have only lawyers and judges building luxury investments in lusaka as if they are the only ones who think. How can they be untouchable as Mabenga is purpoting. MMD and its corrupt activities have made only this profession to look so noble. They created so much room for illegallity to the benefit of the lawyers and judges. Trillions are ending up in lawyers and judges pockets only. Engineers in this country have bigger salaries than judges but wealth is inversely comparable.
TruthHurts
May 2, 2012 at 6:28 pm
Ken, that has always been my argument. Our country does not give due dilligence to every profession. But when they hit a problem, they start shouting loud as to who would resolve it. We have a lot of engineers in diaspora just because of poor pay; yes some are making it bigtime at home; others are not. But when you see other professionals like lawyers, accountants, you kind of ask yourself what it was that made you decide to do engineering for 5 years at a Zambian University. Its sad, i tell you. But time is a great equaliser; those that feel ka Judge Musonda was good, good for you; but time is time.
zemuntu
May 2, 2012 at 8:17 pm
@shootist, just visit yr senseless and directionless watchmbwa iwe chigidi wabe t
CK
May 3, 2012 at 5:44 pm
Kunkala pa nsimbi ya moto. The Lawyers themselves know what is cooking within their arena. That is why they are calling for a judicial reform. Mabenga should keep quiet.
Port Bamba
May 4, 2012 at 8:29 am
WHAT SPECIAL WITH JUDICIARY,IF ONE EGG IS ROTTEN THAT EGG SHOULD BE REMOVED FROM THE GOOD EGGS SAME APPLIES TO JUDICIARY
THE CHURCH DOES THE SAME,WE KNOW HH IS A BITTER MAN,
PLEASE HH TALK SENSE
KAONDE WE WE
May 4, 2012 at 1:09 pm
SATA CLEAN THE DIRTY POTS THAT IS WHY WE TRUE ZAMBIAN VOTED FOR U VIVA SATA VIVA PAWATO THIS MUSONDAS WAS BAD NEWS IN CORRAPTION
Supreme Court Judge Siliya
May 5, 2012 at 11:50 am
MMD have been stepped on their toes by PF now instead of shooting straight they started shooting discriminatory. It is true the suspension of three judges shocks MMD because PF took too long [that the length of time] to take action. Anywhere sorry for that to MMD also PF you would have suspended those MMD Special judges a lot time ago.
GOSSIP
May 6, 2012 at 8:15 am
SURE MMD WOULD BE SURPRISED BECAUSE THEY DID NOT SEE ANY WRONG, SO MANY PEOPLE IN GOVERNMENT HAD STOLEN FOR THEM IT WAS OK. OPEN YOUR EYES AND EARS YOU BUNCH OF THIEVES.
KAKOOKA
May 7, 2012 at 1:20 pm
They say that “SILENCE IS GOLDEN”. The consortium of political parties that blew trumpets last week must be licking their wounds because their cabaret performance has boomeranged in their faces. Their is no popular response to their unreasonable demands. As every reasonable analyst has said “if the judges are clean why CRY WOLF”