Retired Supreme Court Judge Phillip Musonda has made an application in the Lusaka High Court for leave to apply for judicial review to refrain the Judge Chikopa Tribunal from proceeding to investigate him for alleged professional misconduct.
Judge Musonda’s defense lawyers say their client cannot appear before the tribunal because he has resigned from judicial service. Judge Musonda also wants the Lusaka High Court to stay any preliminary decisions made by the tribunal against him
Musonda resigned as Supreme Court judge when he was about to be probed by the Judge LovemoreChikopa Tribunal for alleged professional misconduct.
He was to be investigated together with two High Court judges, Nigel Mutuna and Charles Kajimanga concerning the same.
Dr Justice Musonda has challenged the decision of the tribunal to proceed with the hearing against him saying there was no need for such as he has ceased from being a judicial officer.
He wants the court to quash the decision of the tribunal saying there was no way it could proceed because he had stopped serving in the judiciary by way of resignation under the law.
He also wants the court to order that the tribunal should not proceed to hear or make any directives or determinations against him following his resignation as a Supreme Court Judge.
Dr Justice Musonda wants that all formal proceedings to the tribunal scheduled to commence on July 15, 2013 and any preliminary decisions made by the tribunal to be stayed until after the hearing of his motion for summons or until further order.
He stated in his in ex-parte application for leave to apply for Judicial Review that the decision by the tribunal to proceed hearings against him is illegal as he had exercised his Constitutional right to resign which resignation has been accepted by his appointing authority.
He said “the applicant has ceased being a judicial officer within the meaning of section 2 of the Judicial Code of Conduct Act number 13 of 1999. The objective of the inquiry under Article 98 (5) has been achieved by the resignation and the jurisdiction of the tribunal overridden.”
Dr Justice Musonda said the decision of the tribunal was illegal in terms of Article 14 of the Constitution because it was tantamount to forced labour by assuming him to be a serving judge when he had already effectively resigned.
He charged that the decision of the tribunal is ultra-vires as he was no longer a sitting judge and that its sitting after his resignation would be illegal in terms of Article 23 of the Constitution.
He said the decision of the Tribunal to proceed against him also amounted to discrimination because in two other similar cases, proceedings of the tribunal were terminated after the two individuals had resigned.
He said the proceedings would be illegal and contrary to Article 18 of the Constitution as it violated his fundamental right to a fair trial in the light of an order for stay of proceedings granted to High Court judges Nigel Mutuna and Charles Kajimanga who were jointly charged with him and had a joint defence.
Dr Justice Musonda said if the tribunal went ahead against him alone, he would be deprived of the benefit of Judge Kajimanga’s evidence.
He further said the Tribunal was acting in excess of jurisdiction by insisting to proceed against him by inviting unknown persons to come and testify against him on matters that were outside the knowledge of such persons as the allocation of cases was an internal matter within the judicially.
He said it was unreasonable for the tribunal to proceed and determine a matter that has already been determined by his resignation.
He said the same would be unreasonable and disrespectful of the Supreme Court ruling as it would ignore its wise and timely advice for it not to proceed with the hearings because there were Constitutional issues involved in the matter.
Lol…ninshi muletina yama ?
Awe this script is getting lame.
haahaha borma imanga.
This tribunal is circus.
Dr. Musonda, what is it that you are hiding. Prove your inocence, when you jailed our relatives they appeared before you and they did not resign from being Zambians.
@Lukundo you made my day. Its very true. Our relatives didnt resign from being Zambians. Even if they did they would be followed up. What about Snowden. USA is still on his heels the world become smaller by day. This judge keeps jumping from pillar to pole. Whats the haste?
madala,those are distinctive and very powerful ground for a reasonable,sober and sound minded judge to uphold your plea.cite a case, even a tribunal was to hold against the dpp and a judge bt did not proceed n declared,its preminary inquiry,aforefindings and determinations null and void.lets see wat a judge who z not politicaly motivated will do to this case.these are self-explanatory ground n met out merit to determin the judgment in the favour of the applicant.if the case dissentd by the trial court,then it is politically motivatd.the judiciary wud hav lost dignit,confidence and in its operation.then the pipo will be verdicted for ther call for judicial reforms in order to win pipo’s confidence in judiciary..
Musonda: now in panick-mode, fearful of Chimbokaila and it’s human ‘decor’!
And if the applicant is granted his wish by the courts, do you expect Government controlled “Extra Terrestrial” Chikopa tribunal to obey the order? In Zambia? Forget it! The rule of Law was thrown in the impunity trash can a long time ago. Phew!
The govt will take the case to supreme court, where they have their stooge, acting CJ Chibesakunda, the PF cadre who will again, ‘advice’ them not to proceed with the tribunal.
Corrupt judges, what are you afraid of? Protecting their rotten reputations built on greed and corruption, people deserve the truth and if the law was broken they need to answer for their crimes.
these judges were very corrupt and they all know that they will never survive the tribunal and therefore they are willing to do anything possible to stop the tribunal from sitting. so, if anyone is indicted for, or probed by the tribunal they can just resign and the case will be closed regardless of the evidence of their wrong doing?
WHO IS MORE CORRUPT.
Judge Musonda resigned making Presidential decision hopeless. So where are we going next.
Lawless country with awkward laws.
Morsi is no longer head of state and constitution suspected. The question is again. Has kamimba got the draft constitution? The answer is no. What next? The committee will not buy what the govt is saying. This ia biggest problem in Zambia where there are no laws. What does the law say for not meeting the deadline? Nothing. PF said that they would deliver the same within 90 days. Deadline past. What are we saying. Nothing. RB is charged seemly all witness lack credibility. Law is quiet. ACJ rejected by Parley, but still working illegally.
RB would have said “Ufisanji Mambala”!!!!!!
I get the sense that Dr Musonda is running away from something , like Bob Marley would say” YOU MUST HAVE DONE SOMETHING WRONG”
I have never supported the tribunal , but his behavior suggests there must a lot of dirt that he does not want in the public domain. The law is not fair , the common man faces prison for corruption or criminal charges and the judges have a resignation to clean the slate- look at former Chief Justice Matthew Ngulube case. He should have been doing time, he “honourably resigned”- my foot.
The law must be amended to close this loop hole that allows the judicial officers to be involved in criminal activities and not face the consequences of their actions.
Am now made to believe that these judges where doing things wrongly and they cant stand that in public. Why playing hide and seek games for something which should a platform to acquit yourself honorably in the eyes of the public?
You may have a legal right to derail or block the tribunal, but, morally you are telling the public that you are not clean.
Personally, if someone accuses me of something wrong I haven’t done, I would rather stand up with my head high to defend my innocence than trying to go hide under the bird. Yeah!!! so many question running thru my heard now!
These thieves cage them please not hiding in resigning
The problem is, there is no impartiality in the TRIBUNAL which is already compromised by keeping the Chairman on allowances for almost a year now without doing any work at all .
BA ZUBERI,
LET THESE PEOPLE BE HEARD .
LET THEM PROVE THEIR INNOCENCE FINISH.
iyoo it is true as James Hardley Chase said ‘the guilty are afraid’ otherwise if it was not so you would be screaming ”BRING It On CHIKOPA!!!” nomba mwandini, we think there is something you are hiding!
Musonda is very wise. Only a senseless he-goat would dare a sick lion to a fight because the goat will die anyway. Evil is reigning supreme and the sata stench is reeking all around this tailor-made pre-programmed tribulation(tribunal).
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