THE Law Association of Zambia (LAZ) has asked the High Court to declare the appointment of acting Chief Justice Lombe Chibesakuda as illegal, null and void as she has exceeded retirement age and cannot be re-appointed for a second time.
According to a statement of claim filed in the High Court by LAZ president James Banda, the association claims there is a serious breach of the constitution by appointing Justice Chibesakunda as she is over the retirement age.
Mr Banda said Justice Chibesakunda was first appointed as Supreme Court judge in 1997 and that upon reaching her retirement age, she was appointed on contract in April 2009 by the President for a term of three years which expired in April 2012.
He said the President re-appointed Justice Chibesakunda as acting Chief Justice on June 14, 2012, which appointment according to the LAZ, was unlawful as he did not have the power to re-appoint her after her contract had expired.
“The purported appointment of Justice Chibesakunda to office of Chief Justice though subject to ratification, was, therefore, unlawful as she clearly did not and does not qualify to be so appointed owing to the fact that she was older than 65 years at the date of the purported appointment,” Mr Banda said.
Mr Banda said the LAZ wants the court to declare that the re-appointment of Justice Chibesakunda as illegal, null and void and that she should vacate office.
“The constitution may not be used to re-appoint a judge of the High Court to Supreme Court and to a position other than the position that the said judge was ratified upon the first appointment,” Mr Banda said.
He said the association also wants a declaration that the President may not appoint a person who has attained and exceeded the age of 65 years to the office of a judge of the High Court, deputy Chief Justice or Chief Justice.
Mr Banda said the court should declare that Justice Chibesakunda, having attained and exceeded the age of 65 years, does not qualify to hold the substantive office of Chief Justice of Zambia.
He said the LAZ is a professional body that was established to advance the rule of law and ensure rights and liberties.
He said the association has participated in matters where there has been a threat or perceived threat against the rule of law.
Denkete
September 24, 2013 at 7:15 am
Ba chibesakunda mwa dyela enough is enough go and plough your farm and help look after yo great grand and grand children. Too much of anything is not gud ka
Mulenga Bwalya
September 24, 2013 at 7:46 am
Enough is enough ba Madam please go back to the land’
test@e
September 24, 2013 at 7:56 am
Everyone wants to die in the office. Please just remove the retirement age
k siame
September 24, 2013 at 7:57 am
for sure this culture of employing over aged people to public should come to an end.when is the younger generation ever going to have experience?
zemuntu
September 24, 2013 at 8:16 am
May i tek This opportunity to congratulate myself for being the fourth to comment. Thank u Jesus for This rare moment. The devil Is a liar. Am now dancing Alingo. To Laz, find better things to do u bastards
overview
September 24, 2013 at 8:46 am
I D I O T
Captain
September 24, 2013 at 8:48 am
I.D.I.O.T, you’re abusing your step father’s laptop and internet. What comment have you contributed here chi colour
Sgt Mundia ZAF
September 24, 2013 at 8:47 am
Please mama give us chance go back to the land….
Anthropologist
September 24, 2013 at 10:13 am
Zemuntu tawakwata mano,Kudos to LAZ for taking a bold step,this woman must resign on moral grounds
muzungula
September 24, 2013 at 10:43 am
If she was my mother i would urge her to step down to save her integrity.It becomes a shame when people are against you.
Nawa. M
September 24, 2013 at 10:44 am
SURELY SHE SHOULD LEAVE TO NEW BLOOD
pompwe
September 24, 2013 at 12:35 pm
the woman is so immoral..why not just go..?
icinshikululwa
September 24, 2013 at 2:10 pm
She is not working in HHz farm, they know why they have put her there. She is working in Zambian Gorvmt as a Zambian. Even if she quit, is it going to give you peace?
Ichukupempula
September 24, 2013 at 3:48 pm
why is HH coming in this isue? thats why POwer falure has a bunch of idiots. She must just go thats it.
mmc
September 24, 2013 at 4:10 pm
as a normal human being u must listen to wat pipo ar saying. hw cn u rfz to step down if pipo av no interest in u. jst retire nd do somethng else otha than riskng yo life.
FMM
September 24, 2013 at 6:47 pm
The Government is just full of bad governance mwe.
icinshikululwa
September 24, 2013 at 8:25 pm
MAMA Chibesa Kunda will not go on your wordz; but after fulfilling her tarsk, why she iz still there. She iz health, she iz not complening.
Mwale
September 25, 2013 at 10:45 am
she does not need to complain, she is due to go, what about younsters???let her go, be ashmaed old folk, insults from pipo and standing them, shame, out-dated C.V. yakale iyo yali pita, AM SURE YOU HAVE CHILDRENTO LOOK AFTER YOU WHEN U LEAVE, LEAVE ROOM FOR OTHERS MAMA OLD LADY, KEEPING UP APPEARANCES A BIG NO. KATUSHINE. ALA.
student
September 25, 2013 at 10:50 am
The same applies at CBU, UNZA, EVRLN HRN, ALL ZAMBIAN CONTROLLED INSTITUTIONS ARE EMPLOYING OLD FOLKS – most employed people are old timers, who become too rude to approach especially women, it seems the culture of PF is to put in place old people-