Lawyer Fights for Fired Judges in Landmark Constitutional Court Petition
Lusaka, 29th October 2024 — In a high-stakes move to challenge the recent dismissal of three Constitutional Court judges, Lusaka-based lawyer Tresford Chali has filed a petition to the Constitutional Court. He argues that the Judicial Complaints Commission (JCC) overstepped its bounds in recommending the judges’ removal, asserting that only qualified judges have the authority to handle judicial complaints of this nature.
Chali’s petition contends that the JCC, lacking the legal power to oversee cases against Constitutional Court judges, acted outside its constitutional mandate. He highlights that the amended 2016 Constitution does not empower the JCC to preside over such matters, leaving a procedural gap. Chali seeks the Court’s intervention to nullify the JCC’s findings, which led to the dismissal of Judges Anne Sitali, Mungeni Mulenga, and Palan Mulonda by President Hakainde Hichilema.
A status conference is set for 4th November 2024, where the Constitutional Court will prepare to address this pivotal case with implications for judicial oversight and constitutional integrity in Zambia. below is his Petition
Dead on arrival!
What a mess
Plus lies and deceit over so many years we may never know the truth as to what is really going on
It looks like this petition has been prepared within the judiciary and Chali is just a proxy. This means that the judiciary is divided. There are those that don’t agree with what’s going on and have decided to rebel by giving a platform to their colleagues. Let’s wait and see
Obviously you did not expect them just to keep quiet after losing their bread and butter and all the perks. It’s their choice to use whichever lawyer they want just like in this case they have retained chali but he is just going to milk them and nothing new will come out of this petition as they were wrong.
BID
The court should throw out the case with costs
DOA or BID.
Now retired Judge President Hilda Chibomba and current Judge President Munalula will never forget how these 3 rogue judges embarrassed them in public during the 2016 presidential petition. They were rendered powerless
This was pay back for the senior judges.
This is how politics have divided Zambia. Justice Chibomba was asked to recuse herself from that case because her husband was a UPND official and her son was at the time serving in the UPND Kabwata Constituency committee. So she was on the other side. There are camps within the judiciary. This matter might drag on for years. Deputy Speaker Moyo has been neutralized. If you can’t see anything then you haven’t been around long enough
That’s ECL’s personal lawyer. He’s the one he retained when he was fighting for the party presidency in court with Miles
What we don’t see is the main reason behind the firing of these judges… HH believes the trio denied him a chance to become president… personally I would be happy to become president after beating Edgar Lungu with an undisputable margin rather than scrapping in with a dubious tally.
The law profession in Zambia is hugely disappointing and unpatriotic. The profession has polarised the nation for a long time leaving the citizenry in limbo on many occassions. The profession has never held a consesus opinion in many areas of our legal standing as a nation. This has led to so many LACUNAS, a sign that legal opinions are never wrong or write. In all developed countries where we have trained, worked and lived such quagmare situations never arise. So, our legal system is mainly accademic, rigid and subject to interpretations on the whims of our unprofessional so called lawyers.
Note lawyer Tresford Chali defending the indefesible exemplifying the point.
The JCC has jurisdiction to hear all complaints against any Judge including Judges of the ConCourt with alleged miconduct. The issue of whether the members who constitute the JCC are qualified or not will not change a decision of the JCC especially that the JCC has been in existence doing business for a long time now.
Where was this guy when things were happening? Anyway they have time to waste.