THE Law Association of Zambia (LAZ) has gone to court to press for the removal of acting Chief Justice Lombe Chibesakunda claiming her continued stay in office is illegal.
LAZ president James Banda, who led a horde of lawyers clad in black gowns in what they termed as a “dignified protest,” filed in the Principal Registry, writ of summons against Attorney General Mumba Malila and Ms Justice Chibesakunda as first and second defendants respectively around 11.00 hours yesterday.
Mr Banda told journalists and lawyers shortly after the filing that “it is done…that is why the final claim is that she must vacate the office of Chief Justice and we hope the court will agree with us.” When contacted on whether he had been served with the summons, Mr Malila said he had not yet been served but was fully aware of the matter and would respond to it after he had been served.
LAZ wants the court to order that the re-appointment of Ms Justice Chibesakunda as Supreme Court Judge in May 2012 was illegal, null and void.
It wants a declaration that the President of Zambia may exercise the powers contained in Article 98 (1) (b) of the Constitution of the Republic of Zambia, and the Constitution of Zambia Act Chapter 1 of the Laws of Zambia, only once with respect to any one Judge of the High Court or Supreme Court.
LAZ which is represented by eight law firms want another declaration that the Constitution may not be used to re-appoint a Judge of the High Court or Supreme Court to a position other than the position that the said judge was ratified for upon first appointment.
Additionally, LAZ wants an order 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, Supreme Court, Deputy Chief Justice or Chief Justice.
It further wants an order that Ms Chibesakunda having attained and exceeded the age of 65, does not qualify to hold the substantive office of Chief Justice of Zambia.
The association stated in its statement of claim that it had actively participated in matters where there was a threat or perceived threat against the rule of law while on the other hand, Ms Justice Chibesakunda was appointed to the Bench as a Supreme Court judge in 1997.
It said Ms Justice Chibesakunda reached her retirement age of 65 in April 2009 after which she was re-appointed by the President as Supreme Court Judge on contract for a further term of three years and that in May 2012, the President re-appointed her as Supreme Court Judge for a further term of two years.
It said while she was serving as Supreme Court Judge, she was appointed to act as Chief Justice on June 14, 2012 which appointment, according to LAZ was unlawful as the President did not have the power to re-appoint her after her contract expired in April 2012.
LAZ further contended that on or about January 20, 2013, the President appointed Ms Justice Chibesakunda as substitutive Chief Justice subject to ratification by the National Assembly when the Constitution only allowed a person to be appointed as Chief Justice, Deputy Chief Justice, Supreme Court Judge and High Court Judge to be below the age of 65.
LAZ said because of the issues cited above, there had been serious breach of the Constitutional provisions relating to the appointment to the office of Supreme Court Judge and Chief Justice which were an affront to the rule of law.
Fighting a loosing battle. I cant see the point here. This coming from lawyers we expect to read citations from the constitution. Please refer us to the constitution. we need to know what it says.
Silly cow!Even your English stinks like rotten menstrual blood! Ati ‘loosing’
KWEKWE…You have certainly missed the point the good friend…
1.1 You really should seek help…such terrible words Makaveli on a public arena (not that they will be appreciated in private)-Your equally need to work on your word spacing lol
You YOUR you YOUR
What happened to morality & integrity? Justice Chibesakunda shouldn’t just think this matter is between LAZ and her appointing authority, but it seriously brings to question her morality and integrity by not resigning from the position she under so much controversy – lawyers and men of the cloth are supposed to be exemplary and above partisan politics. At the rate things are going Chibesakunda might leave this office a disgraced person never to be remembered for having had anything to do with the office of Chief Justice. So far, she our first THIEF JUSTICE.
People, what do you think of article 99 of the draft constitution?
(7) If a presidential candidate who has qualified
for a second ballot, dies or is disqualified for any reason
under this Constitution or any other law from standing for
election to the office of President before the taking of the
second ballot, the next candidate with the highest number of
valid votes cast in the initial ballot shall assume the place of
that candidate.
(8) If at the second ballot there is a tie between or
among the presidential candidates, the Speaker shall
summon the National Assembly to elect, by secret ballot, the
President from the candidates who took part in the second
ballot, and the candidate who obtains the highest number of
the valid votes cast by the Members of Parliament…
#2 Kwekwe
You silly cow,re-read the article.I know you are from ***************
Please honour our mothers by respecting them whether they are ours by blood or not. Its a blessing to have them.
This women we pay back with cost ,LAZ we are behind you on this program ….Aunt Lombe please step down for moral reasons.
she is not your aunt she is more like your grand mother
Foolish Kwekwe.you cant even understand the simple terms of references in appointing a chief justice .How would you understand the constitution which is full of Law jargon.pita kumudzi ukadwe bodwe.Lawyers are no fools.They know where the appointment was not wright .Ask Wynter.he knows this.
Please remove that ugly looking thing!
what does mardam chibesakunda wants which she has not achieved at the age of 70 years? when are the young lawyers going to be judges and justices.she is too old to be sturbon like that. justice sakala left in peace after pressure frm one lawyer but for her its against the whole world but she is not even ashamed to hang on the job which we can see that she is jst there to be used like a condom.shame on you old lady
Useless lawyers .Useles LAZ. Just there to steal clients money. Leave the honorable judge alone. Tamwakwata fyakuchita?
Why is the Liars Association Of Zambia quiet about corruption? Dora , Max were found to have been corrupt during the last elections. This same Liars are there to defend them…..Shame.
You are such a dunderhead. If you saying that Lawyers should not defend someone who has been accused of an offence? Bear in mind the the nullification of an election result does not mean that the person who was is guilty of wrong doing. Dora and Maxwell had their wins nullified but they have never been convicted of corruption so don’t expose your ignorance
Liars are the biggest problem we have in this country. This Liars Association of Zambia is useless and must be banned.
We will clean this country of subversive elements. Next Target? Liars Association of Zambia.
Never trust Bembas! They are kawalalas and have no respect for the law. Chibesakunda must go. Ukwa can appoint her as legal adviser to Chitulika village.
Iwe just debate the issue based on the law and not tribe! You are just exposing your ignorance!
Judge Chikopa, Judge Musonda, Corrupt Musonda, PF Cadre are one person logging from same proxy. hehehe, you’re alone with that opinion my friend.
Zyayuma zintu!!!!!!!!!!!!!!!!!!!!!!!!!1
The President sometimes should act the Mugabe way. Please sort out Banda. How do we know he is working with his brother former president Banda. He is too talkertive like Nevers Mumba. Regards
A very interesting situation, Lawyers against the top lawyer. Each side represented by layers. Lets see how high the Zambians have grown in legal matters.
God Bless all.
@ Wisdom
True Wisdom
Article 93 (3) ‘If the office of Chief Justice is vacant or if the Chief Justice is on leave or for any reason is unable to perform the functions of that office, then, until a person has been appointed to, and has assumed the functions of, that office or until the person holding that office has resumed those functions, as the case may be, the President may appoint the Deputy Chief Justice or a Supreme Court Judge to perform those functions’.
The question is: is Chibesakunda qualified to be appointed as Supreme Court judge? Not according to Article 97 (1) (ii) which states that a person shall not be qualified for appointment as a judge of the Supreme Court if he holds or has held high judicial office for a total period of not less than fifteen years. So, if justice Chibesakunda was…
Edit to read: The question is: is Chibesakunda qualified to be appointed as Supreme Court judge? YES according to Article 97 (1) (ii) which states that a person shall not be qualified for appointment as a judge of the Supreme Court UNLESS he holds or has held high judicial office for a total period of not less than fifteen years. Her appointment as acting Chief Justice can only result from her being a Supreme Court Judge, an office which, according to article 93 (6), she is qualified to hold. 93(3) states that ‘a person may act as the Chief Justice, Deputy Chief Justice or Supreme Court Judge not withstanding [i.e. in spite of the fact] that he has attained the age prescribed by Article 98 [which age is 65 years]. Since she is on contract – and contracts are not registered – and…
…Since she is on contract – and contracts are not registered – and within her contractual age until next year, the government is right, and LAZ is wrong at law. LAZ will lose this case if an impartial judge handles it.
…was appointed to the Bench as a Supreme Court judge in 1997, it suggests that under this article, she is not qualified to be appointed as a Supreme Court judge, even on contract. Her appointment as acting Chief Justice can only result from her being a Supreme Court Judge, an office which, according to the article above, she is not qualified to hold, since she has held high judicial office for a total period of not less than fifteen years.
Edit to read: The question is: is Chibesakunda qualified to be appointed as Supreme Court judge? YES according to Article 97 (1) (ii) which states that a person shall not be qualified for appointment as a judge of the Supreme Court UNLESS he holds or has held high judicial office for a total period of not less than fifteen years. Her appointment as acting Chief Justice can only result from her being a Supreme Court Judge, an office which, according to article 93 (6), she is qualified to hold. 93(3) states that ‘a person may act as the Chief Justice, Deputy Chief Justice or Supreme Court Judge not withstanding [i.e. in spite of the fact] that he has attained the age prescribed by Article 98 [which age is 65 years]. Since she is on contract – and contracts are not registered – and…
I think basing on what i have read so far guys I can stand and defend both chibesakunda and Mumba Malila although I am not a lawyer. He said based his argument on Article 93(6) which states that “a person may act as Chief Justice or Supreme Court Judge notwithstanding that he/she has attained the age prescribed by Article 98.” The Judges’ current retirement age was 65.
Mr Bwalya also dismissed assertions by some lawyers that the Chief Justice could not act for more than six months pointing out that Judges were excluded from the definition of who may not act for more than six months.
He quoted Article 139(2) of the Constitution which says “In this Constitution, references to offices in the public service shall not be construed as including references to the office of the Supreme Court
@kwekwe, u a very right, this LAZ led by excited youngstars with no traceable legal reputation has brought the honourable association into disrepute. How did LAZ itself appoint james banda a minor as president when the law says minors shall not hold such offices coz they cannot sue or be sued.
LAZ is a spent force, its the UMKHONTO WE SIZWE( armed wing) for the opposition.
Are our lawyer capable of in lightening our nation
indeloleshafye
all lawyers with reputable names are busy paying attention to detail of cases before them but hungers around, baby lawyers, single husband grabbers its time to market themselves, time for the public to know these inexperienced integritless lawyers. Why all this relentless pursuit of matter? Why should HEMCS request for permission from a minor james banda to appoint someone.
James banda is a proxy war warrior for RB. Since the RB cases started, james has used all his LAZ arsenals to distabiliz GRZ. Did he used to get a cut from james banda RB’son.
Fort Jameson Chi.kala chawiso. Don’t talk rubbish about my tribe you culture cow.
LAZ are not liars. They are trying to prove a point.
Well we hope the PF govt has done its homework .we dont want confusion.Teach them a lesson, they are abusing democracy and bringing the judiciary into redicue.
Chibesakunda is not a mother. If she was she could have ready the times long ago and gracefully exited. This woman has never married. Which man could stand or children could stand such a wife and mother? Same with her niece Prof Luo who could not hold a marriage. These people are not out of this world. To them, everything is war with men, even when there’s no need for war. Sata will live to regret sticking with this woman.