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Don’t Probe Judge Musonda – Court
THE Lusaka High Court has ordered and restrained the Lovemore Chikopa-led tribunal from proceeding with its probe against former Supreme Court judge Phillip Musonda because he is no longer a judicial officer.
Acting Supreme Court judge Florence Lengalenga said proceeding to inquire into the alleged misconduct of Justice Musonda will be illegal because he resigned as a judicial officer and the tribunal was constituted to probe him while he was serving as a judge.
In 2012, President Sata suspended Justice Musonda and High Court judges Nigel Mutuna and Charles Kajimanga and appointed a tribunal to probe their alleged professional misconduct.
But last year, Justice Musonda resigned from the bench and commenced a judicial review challenging the tribunal’s insistence to probe him despite having stopped work as a Supreme Court judge.
In a judgment delivered yesterday, Justice Lengalenga, who is also acting Supreme Court judge, quashed the tribunal’s decision to probe Justice Musonda and restrained it from proceeding to further hear allegations levelled against him.
The former Supreme Court judge wanted the High Court to grant him an order of certiorari and prohibition against the tribunal’s decision to investigate him.
An order of certiorari is a writ seeking judicial review and it is issued by a superior court, directing a lower court, tribunal, or other public authority to send the record of a proceeding for review.
“I hereby grant the order sought as follows, an order of certiorari quashing the decisions of the tribunal delivered on June 18 and 28, 2013, respectively, for the tribunal to proceed with its hearing against the applicant [Justice Musonda] notwithstanding his resignation from office as Supreme Court judge,” she said.
Justice Lengalenga added: “I further grant an order of prohibition restraining the tribunal from acting outside or in excess of its jurisdiction by proceeding against the applicant when he is no longer a judicial officer.”
The judge further awarded costs to Justice Musonda to be taxed in default of agreement.
Justice Lengalenga granted both Justice Musonda and the Attorney General leave to appeal to the Supreme Court against her decision if they are not satisfied.
She said it is unfair and unjust for the State to use the tribunal as an example against would-be future misconduct by judicial officers because each case should be treated according to the facts and its own merits.
Justice Lengalenga said the tribunal’s mandate has already been achieved because Justice Musonda has pre-empted its recommendation by removing himself from the office by way of resignation.
She said inquiry into Justice Musonda’s alleged misconduct has been frustrated by his resignation because at the end of the investigation, the tribunal’s recommendation for the lifting of the suspension or removal from office would be ineffective against him.
“I am persuaded by the applicant’s arguments that his resignation from office as a Supreme Court judge placed him outside the tribunal’s jurisdiction under the constitution,” Justice Lengalenga said.
She wondered how Justice Musonda can be investigated as a private individual under the laws that relate to judges.
Posted by Editor
on May 10, 2014. Filed under LATEST NEWS.
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mwikakala patalala
May 10, 2014 at 9:23 am
Is this judge saying in Zambia, judges cannot be held accountable for their misdeeds simply because they chose to remove themselves from office to pre-empt or frustrate any probe or investigation against them? What about the injustice they meted on the innocent during their tenure? Where do their victims go to get justice? If these judges are so innocent, why then can they not be probed so that this is verified and proven openly. While they are willing to subject others to various probes and investigations, they use the law to refuse to hold themselves against these same standard they subject others to! In other words, they are a law unto themselves!!This is a judicial cartel at work and Zambia desperately needs judicial reforms because this probe would have exposed a lot of their rot. And this so called justice Lengalenga knows that tomorrow it could be her if the probe is allowed to proceed! She can preach whatever nonsense she likes in the name of the law but she is a disgrace to the profession and worst of all to the nation.
UMWAUME
May 10, 2014 at 10:15 am
@MWIKALA PAMUSHI
I’m also wondering at the judgement. Here in England, they even probe cases that one did as far back as 70 years ago,and if found guilty,you will be sent to prison even if you are 85 years.I’m not a lawyer but from a lay man’s point of view,this is a cartel to protect themselves from their misdeeds. I fuly agree now with SATA that there’s something wrong with our judges. That’s why he resigned so that he is not probed. If he is innocent, why fear to face the court?
Kenneth Kaunda Obama Mbewa
May 10, 2014 at 10:53 am
kpma mu zed chabe issues of poverty wu neva end because of how things en issues are handled.
KweKwe
May 10, 2014 at 11:44 am
NO SENCE!!
Confucious
May 10, 2014 at 1:45 pm
This judge is very dull. Does it mean that when you steal from your office, they arrest you and then you resign then you have to go scot free? You wonder what kind of judges we have in Zambia. This is absurd!
zedian
May 10, 2014 at 2:33 pm
Its not like that people.this is a good judgdement.Judge Chikopa all the way from Malawi just eating tax payers money freely at the expense of zambian citizen,this is one of the bogus cases under PF government persecuting citizens.Chikopa now has no reason to be on government payroll pliz flush him out..
drogba
May 10, 2014 at 5:04 pm
JUDGES INSULATING THEMSELVES FROM THE MISCONDUCTS DURING THEIR SERVICE. SHAME INU AMAI A LENGALENGA.
ZAMBIA IS WATCHING
Freedom fighter
May 10, 2014 at 7:00 pm
Lenga lenga is the most corrupt of the corrupt judges. Remember the Fredrick chiluba and Lupia Banda’s case.
Toka Kari
May 11, 2014 at 4:51 am
This is not a fair judgement. Judges are in public office like any other public worker. If he abused his authority as a judge he should be prosecuted just he did to other people. He could have sent people to jail on passing wrong judgement. We know that courts are meant for the poor. If it were a poor person with no connections he would have sent to jail in no time. This is just a question of judges protecting each other
kakolwe
May 11, 2014 at 6:04 am
Its good to see wisdom in comments apart from ico ci Zedian, very puerile!!
I have 2 questions for ‘My lady’ Lengalenga: Do juged have immunity of office and did the Chikopa tribunal state their aim was to fire Musonda? You have erred in principle and law.
kakolwe
May 11, 2014 at 6:13 am
Meant to say Do Judges …
If the tribunal had found him wanting, they would have presented their findings to the sata. Now with this action Lembalemba & the gang have proved Sata’s observations that there is some rot in the judiciary. Now we may never know coz they are cocooning themselves.
wisdom
May 11, 2014 at 6:21 am
No!! judge musonda should be probed no two ways about it. if it will mean calling sata a dictator we shall not mind. probaly this tells a reason why sata brot a judge from malawi. supose all suspects behave like judge musonda who shall be taken to court?
Teny
May 11, 2014 at 12:58 pm
I have a feeling these Judges are guilt and President SATA is right about their misconduct. Why are these people trying by all means to cover these guys really our Judiciary in Zambia is rotten. Is this a way they can squash off the cases. Very Very sad in deed. Convicted Mohan wanted to review. Please a way of probing these people coz there’s no one above the law. Zambians are waiting