Lusaka High Court Judge Florence Lengalenga has ordered the State to prepare itself adequately before appearing before her court.
Expressing her displeasure at the conduct of the State advocate handling the judicial review involving retired Supreme Court Judge Phillip Musonda, Justice Lengalenga said the State should exhibit seriousness.
This is in a case in which Dr Justice Musonda had been granted an order to stay the proceedings of the Judge Lovemore Chikopa Tribunal from going ahead to hear the evidence into the alleged professional misconduct.When the matter came up for hearing yesterday, Ms Justice Lengalenga told Martin Lukwesa that the tendency of being ill-prepared when appearing before her would not be allowed.
“I have observed that the State’s conduct is not encouraging because he should have read the newly-filed document if the counsel was serious. Furthermore, the counsel has a tendency to be ill-prepared whenever he appeared before this court,” she said.
This was after Mr Luwesa asked the court to adjourn the matter on the basis that he was not ready to proceed, claiming that he has had no sight of the recently-filed documents by the applicants and needed more time to do so.Justice Lengalenga has since directed the State to file its response in opposition to the arguments in the judicial review by August 26 and applicants would have to respond if any before the end of the month.
“I will only entertain the application to adjourn the matter on the basis that the recent documents by the applicant was filed on Friday last week, meaning the State needed two clear days in which to study it and file their response going by the rules of procedure, and the issue of costs to be paid to the applicants before the next hearing is not necessary because the State had no time to respond other than today,” she said.
Earlier, Mr Lukwesa informed the court that he was applying for an adjournment because he had not managed to file his submissions in opposition to issues raised by Dr Justice Musonda in his judicial review.
But Dr Justice Musonda’s lawyers from Milner Katolo and Associates objected to the adjournment, saying even the last adjournment was caused by the State.
Mr Katolo asked the court to order that they be paid costs for delaying the matter before the next hearing but Mr Lukwesa objected saying doing so would further delay the proceedings in the matter.Mr Lukwesa said the costs being applied for could also be paid at the end of the case if need be because they had not yet filed their response in opposition due to time limits.
The matter has since been adjourned to September 18 for hearing.
Justice Musonda had filed for leave to apply for judicial review to refrain the Judge Chikopa Tribunal from proceeding to investigate him for alleged professional misconduct.Dr Justice Musonda’s defence lawyers said their client could not appear before the tribunal because he had resigned from judicial service.Dr Justice Musonda also wants the Lusaka High Court to stay any preliminary decisions made by the Tribunal against him.
[Times of Zambia]
The stae is wasting gvt resources while drugs are running out in hospitals, civil servants have not been paid. Can we please get our priorities right.The stae needs to be serious rather than take people for granted.This GVT is a sham
Blame Sata on this catastrophe.
This time the president should know that these guys mmbembe,nchito, and kabimba are mis leading him.it is these guys who need sata and not the other way round.sata has way to reach the pipo but who can ever listern to kabimba,mmbembe or ncito without using the name of sata?.mr president don t distroye what you have started because of these selffish piipo.
Lol! Don’t expect any seriousness from a State presided over by the clueless PF Hyena Pack! These chaps belong in the Chobe or Liuwa Plains national parks were they are more at home!
Whether increment is effected or not they’ve to go. They’ve no respect for citizens,just look at how they are treating Changala,Zgambo,Hamasaka and many dissenting voices.
Don’t insult hyenas man; have you ever watched a pack of hyenas go on a hunt? If not try natgeo wild channel. You will be amazed with the tactical approach hyenas have to survival. They are not clueless.
Pakudya Salimbana, are you saying a pack of Hyenas would be better than PF?
Bwahahahahaha….. the headline is priceless!
And to think, the tribunal was first heralded as PF’s big plan to reform the judiciary, to weed out corrupt judges and ensure fairness and transparency in legal proceedings for everyone. Justice at last!
Now they can’t even prepare for court and are being told (even ordered!) to “get serious”….. eish, these guys!
PF are the worst country managers i have ever seen or read about. How did we end up with such human beings as our leaders?PF is a failed project indeed.
It’s about time a woman brought order in the house, men can be so confused.., such ego!
Have these folks ever been serious about anything? Not the judges orders against RB’s passport,not the economy and not on their 90 day promise.
Its good pf was voted into power,this has awakened many people who just vote for without looking at the caliber of the candidate,many are yet to suffer at the hands of mcs,next time people will scrutinize the presidential nominees and the allays.dont vote based on tribal inclinations please.
They’ll never be serious because they dream up charges against people they have differed with and can not man up and say they are wrong.Nonetheless,being wrong in law does have some serious connotations in terms of damages and costs. Guess who is pickicking up the bill for their willful carelessness and neglect.The squeezed and underpaid tax payers.
Project Failed.
i cant help but picture her face while she says that haha. i wish people in many other sectors had the balls to say that, just as the myth/fact says, if the whole population of china had to jump at the same time, the world would shake, i share a similar sentiment, if everyone in zambia who thought government should show seriousness in many area’s said it at the same time, there would be warm air in the atmosphere created by breath.