Tuesday, February 4, 2025

Chief Justice breaks silence: I am ready to leave, but against selective judicial reforms

Share

Chief Justice Ernest Sakala (l) and Livingstone High Court judge in charge Ernest Mukulwamutiyo (r) during the commissioning the holding cells and Magistrates’ Chambers at Livingstone High Court
FILE: Chief Justice Ernest Sakala (l) and Livingstone High Court judge in charge Ernest Mukulwamutiyo (r) during the commissioning the holding cells and Magistrates’ Chambers at Livingstone High Court

Head of the Zambian judiciary has finally broken the silence on the protracted demands for his resignation. Chief justice, Ernest Sakala has said that he is more than ready to leave the judiciary. Justice Sakala said that he is not against genuine judicial reforms but the selective process.

He told a gathering in Lusaka that included Supreme Court Judge, Philip Musonda and High Court Judge, Charles Kajimanga who have challenged President Sata’s establishment of a tribunal to probe their alleged professional misconduct.

Justice Sakala added that the judiciary is larger than any member of staff currently serving in the establishment including himself.

[pullquote]“I have said this before and I will say it again, there is nobody in the Judiciary who is resisting judicial reforms but these reforms should be genuine,” Mr Justice Sakala said.[/pullquote]

“If judicial reforms mean dismissing the Chief Justice and judges, then I am not competent to comment. Reforms are welcome because genuine reforms are not about dismissing anyone,” he said.

He said there is nobody in the judiciary who is resisting reforms.

“I have said this before and I will say it again, there is nobody in the Judiciary who is resisting judicial reforms but these reforms should be genuine,” Mr Justice Sakala said.

[pullquote]Justice Sakala added that the judiciary is larger than any member of staff currently serving in the establishment including himself.[/pullquote]

There has been calls by section of the society for the Chief Justice to resign, with a sizeable group of students led by former National Institute of Public Administration (NIPASU) president Muneri Zulu storming into the Supreme Court and presenting a petition to Chief Justice Sakala’s secretary where they demanded his resignation over alleged maladministration of the Judiciary.

However, University of Zambia Students Union (UNZASU). purported to be the source of these calls, distanced itself from reports that its members had planned to camp at Supreme Court to press for the resignation of Chief Justice Ernest Sakala.

UNZASU secretary general Mwauluka Sishekanu, in a statement, stated that those who purported to be UNZA students were impersonators.

“As UNZASU, we further wish to state that investigations have since been instituted to establish the authenticity of this claim, and whoever will be found wanting will face the law to the latter. We strongly warn the would-be impersonators to desist from using the name of the students of the University of Zambia and we shall not hesitate to invoke the law should they be found wanting,” stated Sishekanu.

[pullquote]“If there’s nothing else that can be done, if there’s too much resistance from judicial officers; they are finding every way of blocking what should be a smooth process of reform, then we have no option but to resort to this extreme measure of dissolving the Judiciary for the good of this country, for the good of the people,” Archbishop Mpundu said in an interview with the POST Newspaper.[/pullquote]

To this day UNZASU has not published findings of their investigations.

And yesterday, Lusaka Catholic Archbishop Telesphore Mpundu told the POST Newspaper that the Judiciary should be dissolved if it continues to resist reforms. Archbishop Mpundu said the Judiciary was not a sacred cow that should be left untouched when it made mistakes.

“If there’s nothing else that can be done, if there’s too much resistance from judicial officers; they are finding every way of blocking what should be a smooth process of reform, then we have no option but to resort to this extreme measure for the good of this country, for the good of the people,” Archbishop Mpundu said in an interview with the POST.

“They did that in Kenya because there was no other way to go about it. If you are trying to reason with people; there are provisions within the Constitution that say now, look, if judicial officers as a body will not do XYZ, then another wing of government, in this case the Executive is entitled to do XYZ. So, I hope it doesn’t come to that dissolution, but if we must come to that, then let it be.”

MUVITV

75 COMMENTS

    • Resignation is the easy option because the offender still gets their benefits and pension. This is not the purpose of the purging of the judiciary. The process must involve a stern warning, a deterrent to future corrupt legal practitioners. People MUST BE FIRED, HEADS MUST ROLL otherwise we might as well just allow criminals to run around after they bribe judges and make evidence disappear from our courts.

      I agree that the process must be blind or non-selective, but the punishment must be stiff enough to instil fear and dread in potential corrupt judges.

  1. ”Ernest Sakala has said that he is more than ready to leave the judiciary. Justice Sakala said that he is not against genuine judicial reforms but the selective process.”Roger that!

  2. Don’t talk in parables, just resign, your continue stay as Chief Justice is making things worse.
    So Mr Sakala no more talking in parables.

  3. Telesphore Mpundu suggesting we dissolve the judiciary? Excuse me ..I need to pick up my jaw off the floor.

    This is extra ordinary ..is this what the catholic church has been debased to? The church even using terms like last resort. I thought terms like patience , long suffering , forgiveness where the hallmark of a church and not this one track vindictiveness coming from the entire BISHOP. I think the catholic church needs to officially distance itself from this man’s comments. This is disastrous from from a person with such a high position in church..clearly being used by the POST

    No further comment, am sure the others have words for this Bishop

  4. What do you expect from the Post anyway,they ‘sold their souls for material wishes’.They can’t serve the Devil and God at the same time!

  5. Ati ”Lusaka Catholic Archbishop Telesphore Mpundu” .How the hell do they give themselves such shenanigans titles.Claiming to speak for the catholic church but pursuing selfish motives!

  6. Bishop Mpundu is brother in law to Mr Sata. This Cathoric Bishop prompted to rule Zambia based on 10 Commandmnets which Mr Sata boasted of in his first statement as president of Zambia. Zambians today know many commandments that have been brocken so far. In his wisdom Mr Sata unilateral gave a Kasama council Rest House to Cathorics in Kasama as its guest house as a gesture of Mr Sata’s kindness to the Cathorics. Here we have a web of deceipt and hypocrisy of the worst kind in both Bishop Mpundu and his brother in law Mr Sata.

  7. This Pharisee called Mpundu is calling on the executive to turn to macabre extra-judicial powers on another arm of Government in a democracy? LoL! Is the world hearing this?

  8. Even failed states such as Somalia and Iraq are in campaign for the abolition of the “extra-judicial activities” this Pharisee Mpundu is lobbying his brother  in law for against Zambians. A priest calling for some macabre methods in a democracy. I assure you Zimbabwe version 2 here comes to Zambia. But it will be defeated quicker than these sponsors dream.

    • Iraq is in much better than Zambia – not a bright idea to compare it with Somalia. I speak from a position of personal experiential knowledge Sir.

  9. Telesphore Mpundu, you’re a useless Bishop. We all know that your sister who works at BOZ Ndola is Ukwa’s concubine so shut your hypocrital trap. We don’t have a judicial crisis in the country as devils like you, Mmembe and Nchito would have us believe. CJ Sakala has correctly pointed out that reforms should be across the board and not selective. You’re the most foo-lish bishop this country has ever seen. You want to dissolve the judiciary so your mulamu Ukwa can hand pick friendly judges? Motherfckers, we won’t allow you to hijack the 3rm arm of Govt and we’ll fight tooth and nail to stop you.

  10. @ Senior Citizen, mudala, I hated you when RB was in power but I know see what you were trying to drive home. Zambia is slowly losing it image under this govt! Keep on telling the truth.

  11. In their disdain for  extra-judicial activities synonymous with failed states, with the ascendancy to democracy, Zambians heavily financed the Munyama Commission to expose and bury for good activities Mpundu and M’membe are calling for. With this Pharisee as a PF policy man, next on the agenda is a call on his brother in-law Sata to set up militias/vigilante groups against Zambians and democracy in the name of job creation for PF kaponyas.

  12. This bishop needs prayers for sure. Just how does he side with the Post crooks as a man of God. Kaya Mwandini we need more prayers than what we have at he moment. Bishop siding with crooks kaya whats happening in this world. It’s really true the world is coming to the end. Just imagine the whole church boss siding with thieves like the post and dpp. I end here!

  13. MMD Chief Bootlicker @ Please dont waste time on the ‘man of God’, he he is quoted as saying:
    “…for me and the Catholic Church, the proclamation of Zambia as a Christian nation is a non-event. It is a useless proclamation because not everyone who says ‘Lord, Lord!’ will enter the Kingdom of God. How Christian are we? Just take a look at what happens when we have a simple by-election. Corruption, intimidation, fighting, thieving…is that Christianity?” asks Lusaka Archbishop Telesphore Mpundu.

    Yet, the true believers have maintained Zambia as a Christian nation in the draft constitution, obviously to his disappointment. I for one bunched this ‘high priest’ with darkness long time ago….

  14. Extra-judicial powers Mpundu and M’membe are calling on Sata to have go back to the dictatorship era  of the 1980s and 1990s all crashed and buried by the unstoppable and non-intrussible wind of democracy and people power. Extra-judicial powers have no place in the constitutional democracy of Zambia.

  15. We were once here where these throwbacks are vainly belaboring us to revert to, en mass we rejected and defeated it so shall we defeat President Sata and his legion of misguided cheerleaders against democracy and wishes of the people this time resoundingly.

  16. Sad state of affairs, only in Zambia can slippery, turncoat, sanctimonious archbishop utter shenanigans!
    This conduct is unbecoming of a person on whom the lofty status of archbishop has been conferred and in fact demeans that eminent status…christian ethics were seemingly sacrificed on the alter ofexpediency.Such conduct must be condemned strongly for it is demeaning to the Catholic church!

  17. Long overdue and you have passed retirement age anyway, thats why you cant think of any judicial reforms.

  18. Can the “holy” man stop embarrassing the catholic church. Shame on you Bishop. You don’t even appreciate how much the Chief Justice has contributed to the development of the law in Zambia. The Chief Justice’s 42 years career as a lawyer and Judge is no mean archivement that can be seen in the many judgments in all the law reports of Zambia. It’s a big shame for the Bishop to talk nonsense of him. Further the Chief Justice has contributed greatly to the operations of the Catholic Church in Zambia, therefore, does not deserve ridicule from Mpundu.

  19. Well sald my Lord and i cannot believe that Bishop Mpundu can advocate for the total dissolution of the judiciary. We are all in support of judicial reforms provided the process is free from political considerations. The process of these reforms cannot be expedited for the sake of Meembe and Nchito, Zambia is bigger than these two individuals and Bishop Mpundu should not be used by Meembe. If anything Mpundu should fight with us for our 14billion which has not been disputed by his boys if he stands for justice as he claims. Dissolution of the entire bench for sake of Meembe its a very big joke.

  20. Zambia is experiencing Legal Abuse Syndrome (LAS) and the refusal to implement meaningful judicial reform would warrant the learned men in the legal profession to view them selves as above the law. I wish the reforms should not just be prompt but be part of the clean up exercise. Resignation of the chief justice would not solve the legal malaise we found our selves in.

  21. Did the bishop get a cut from the 14 billion owed to the Zambian tax payer through DBZ or is he seeking payment for the services rendered to Ukwa by his sisters?

  22. People are missing the whole point of this exercise. Corrupt judges are ready to resign because they walk away with all their benefits / entitlements / pensions.

    WE WANT THEM FIRED, so that even the benefits and pensions are withdrawn. Moral and natural justice demands we take this path. I do not think Sata will let anyone walk away or resign that easily because lessons need to be learnt and deterrents for future corrupt judges established.

    Resign? Dream on…………………..

  23. Reforms in the Judiciary are inevitable but allowing Mmembe to dictate the method to be employed in bringing about the reforms is a great insult to the intelligence of many Zambians. Let all the stalkholders eg LAZ, MPs, NGOs, the CHURCH, CHIEFS, POLITICALS PARTIES etc agree on the method to be employed in bringing the desired reforms. Total dissolution will call for the resignation of all judicial workers and judges because they are collectively perceived as corrupt by the general public. This will mean not having a functioning judiciary for long time and it can be a recipe for anarchy.

  24. Sata should be very careful otherwise it will end badly for him. What these so called reforms these criminals are talking about anyway? Having the chief justice resign does not constitute reforms. This is warped thinking. These fools just want to have a chief justice from muchinga. Stinking tribalists!

  25. its good that UNZA have distance themselves from the executive abuse of power. viva student power viva

  26. I think Chief Justice Sakala should be “heard” in what he is saying. “reform is welcome but not selective”. In short he is saying what most bloggers have said- Sata’s suspension of the three Judges was selective and intended to protect his friends which is not right for the interest of Zambia and should be resisted at all costs. In any event, with the exception, of over-crowded prisons, Something that is a genuine concern and an injustice to our fellow Zambian citizens, what else is there in terms of “need” to reform the judiciary. Can someone detail the real issues that need consideration and include solutions that you believe are worth implementing. Noises about corruption with no substantive evidence is simply empty tins making noises with no basis at all.

    • The tribunal was set up to provide the evidence of corruption. Those resisting are the empty tins and the ones guilty of violating the law and obstructing the course of justice.

      You can only hide behind Mmembe and Nchito for so long. The truth will catch up with you.

    • Please read the terms of reference for the said tribunal. It only set to look into the M’membe and Nchito vDBZ case and nothing else. And we all know why this was done! If you are saying that this tribunal is intended to prove corruption on the part of the judiciary then please go and get other “facts” deserving the call for reform and not making noises over things you have no idea about.

    • The Path of Truth, can you read today’s article attributed to CJ Sakala and refer to my first blog above. Aim sure you will say he is “protecting” his corrupt judiciary but what you should realise is that Sata is the one interfering with the Judiciary with the intention of weakening the institution. There is nothing Sata has done so far (except for the proposed pipeline from Angola) that is in the Zambian interest and targeting the Judiciary will certainly not “build” this nation.

  27. The Bishop should be the first one to resign. He leads a corrupt church with homosexuals and womanizers like father Bwalya. Take the log out of your eye first. Why do you want to shield Mmembe and Nchito? 

  28. Mpundu is a shameless charlatan masquerading as a man of God. The Catholic Church in Zambia has a rich history of fighting for the poor and helpless in our society but crazy priests like Telesphore and Fr Frank always dent the Church’s image. This Bishop seems to have lost his marbles just because his sister Petronella has two illegitimate children with Ukwa (Mukupa & Chilufya). Instead of hounding our 3rd arm of Govt, Mpundu should be asking why Nchito has suddenly dropped all criminal cases against Rajan Mahtani (when he and Mmembe owe FBZ lots of money). Zambians elected hyena’s into office last Sep and they’ll eat everything including our children if we sit back and allow this lawlessness. 

  29. Resignation of the Chief Justice does not serve as a deterrent for future corrupt justices. It is the easy way out. No wonder this chap is happy to take this route. Which ever legal practitioner is found wanting should be summarily fired without benefits or pension so that the warning is clear to everyone. No sacred cows, no escapist resignations.

    • What specifically has CJ Sakala done to deserve losing his Job together with his benefits and pension? People talk substance and not through emotions and envy.

    • Some people have died because of the corruption in the judiciary. Some of us have been disgracd because of he corruption in the judiciary. May God’s name be praised!!

  30. What the Chief Justice is saying, is that lets have the Kenyan way of reforming the Justice department. That way every Judge that has soiled his or her hand will have to be exposed and dismissed. Bravo to the Chief Justice thats the way to go. We are behind you in this quest.

  31. @Chongo Lagos:

    I think the “Judiciary” and the “Justice department” are two completely different ‘animals’! The same way you can not characterize the Legislature (Parliament) as the “legal or legislative” department, or the “Executive” as a department. These are separate arms of govt that legally can have their own departments within, get it?!!

    Anyway, it is about time some of these legacies from the MMD era got out. Adios CJ Sakala!!!

  32. @senior citizen: the crunch is here. Like it or not the overarching aim is to address the legitimate concerns of most Zambians that the judiciary has been in the forefront of the practice of disfiguring of the law.

  33. I think the Bishop’s suggestion is being taken out of context. If the judiciary is not willing to be reformed what next? Have other government ministries and department not undergone complete restructuring with those employees who could not be rehired retired in the national interest? During the Chiluba regime, all government ministries and departments were restructured and all civil servants at that point in time were tecnically fired from their positions until when they were rehired and received their letters of appointment from cabinet office. The judiciary survived this operations since it is thought the women and men in long robes are beyond reproach. The judiciary system in Zambia need real surgical restructuring if its relevancy in the dispensation of justice is to be maintained.

    • What is the point of reform when it’s aimed at dismissing people from employment. There are set procedures to remove people who are under performing, who are involved in misconduct and so on. Reform should be about the way a business/organisation works in order to make it more efficient and if means making some people redundant so be it but not then going to replace them with party cadres

  34. I hope people will not resort to name calling but rather stick to the substantive issues at hand. Who has no “black sheep” in their family? I feel people should stick to core arguments rather than using the language that demeans or belittles others. In a democracy, we are all entitled to air our opinions without intimidation or hindrance. The Zambian culture calls us to be respectful of our elders. When we disagree, let do it in a dignified manner.

  35. what do they want to achieve by dissolving the judiciary? this lawless at it’s peak. they keep on referring to Kenya. the question is does Kenya have better judicial system after dissolving it ‘s judiciary?    

  36. Can’t believe the bishop is that deep into politics contrary to what the head of the church, Jesus Christ advised his disciples. Jesus said his followers must not be part of this world. Jesus refused to be crowned king, he refused to kneel before Satan for the privilege of ruling the planet. Satan is in charge of this world, so don’t be startled by the utterances of some of his staunchest and fanatical worshipers.  

  37. THE CJ IS BEHAVING LIKE MUBARRACK OF EGYPT. WHEN THE PEOPLE TOLD HIM TO LEAVE HE CLAIMED THAT HE HAD INFACT STARTED MAKING SOME REFORMS. AS LONG AS WE HAVE THE CURRENT CROP OF JUDGES, THERE WILL BE NO MEANINGFUL REFORMS. THE JUDICIARY SHOULD JUST BE SUSPENDED AFTER CJ RETIRES IN NEXT MONTH. ALL POSITIONS SHOULD BE READVERTISED. THEN THE BAD EGGS CAN BE WEEDED OUT. THE TRIBUNAL WAY WILL NOT WORK AS THESE MMD/UPND JUDGES WILL NEVER MAKE A RULING THAT DISADVANTAGES THEM. BUT IT IS JUST A MATTER OF TIME. GOD WILL HELP THIS COUNTRY. JOY COMES IN THE MORNING.

  38. Is this guy Archbishop Mpundu ok? The whole judiciary should be dissolved because of M`membe and Nchito? Rubbish! Zambian is really a failed State.

  39. Why would desolve whole judiciary should be dissolved because of M`membe and Nchito?  This country is going to the dogs. And sorry to say this, but i think that the Catholics are becoming big headed. Just because Sata is a catholic, we will not go with the catholic rule. Zambia is not a Catholic state, it is a Christian nation, that means Pentecostals, UCZ, Zion, SDA, Jehova Witnesses, Apostolic ETC. Mpundu, Zambia is for all Zambians, not catholics. 

  40. Judiciary is rotten. At magistrates courts it is worse. Only money talks. Archbishop is right! Judiciary must be dissolved. @ 4 tolerance, long suffering and patience for corruption by people who are supposed to dispense justice! My foot! Power is in the PEOPLE. Remember Jusstice skinner, He was removed using power of the people. Watch this space

  41. Mmembe and Nchito are causing Ukwa to divert from serving poor to serving billoniares. I am shocked to learn that these two owe Finance Bank billions also apart from DBZ.

  42. Let the judiciary be reformed. Let the 14billion be paid back. A judge’s decision was taken and must be implemented to the merit of its letter. It is not the judge’s reputation that must be put up a stake here; his decision from what I read, is still sound …

  43. I thought that the so called Archbishop, aka illicit brother in law, would have made some sense if instead he had suggested that they dissolve the Catholic Church for all the scandals that have rocked the church including sexually abusing young boys and the latest financial scandals at the Vatican? Mwe bantu, if our religious leaders can’t remove the speck in their own eyes and can’t contain their sexual and political appetites, who are they to suggest that the Zambian Judiciary be dissolved? Shi.t mafi!

  44. @James Daka, we’re being ruled by the mafia my brother. Apart from owing DBZ, Nchito and Mmembe gave guarantees for Zambian Airways loans taken from FBZ. Infact, when FBZ was taken over by BOZ, they sued to recover these funds. This case is still in court but the lawyer representing FBZ has indicated that he hasn’t received fresh instructions from his client FBZ. Coincidentally, DPP Nchito has suddenly dropped all criminal cases against that crooked Mahtani (forgery, money laundering etc). No one is against genuine reforms in the judiciary but the executive should avoid over reaching their boundaries. Hitler, Idi Amin, Gadaffi etc were not born dictators; they were allowed to grow into despicable tyrants by a populace that hero worshipped them instead of providing checks and balances!

  45. I’m truly hoping the bishop has been misquoted here. Does the man know the implications of what he is advocating for? Since when did the judiciary say they will resist reforms or acted in such a way? What they want is simple, reforms across the board and not this selective persecution being instigated by a group of individuals who seem to have the president’s ear.  

     

  46. The reforms should start with the churches themsleves including the catholic church. We are not happy with the current set up including among other things;

    1. Calibacy 2. Confessing to an individual who is also a sinner in the eyes of God. etc. If Bishop Tresphord Mpundu is a genuine man of God, let him introspect and reform himself first before extending his apparent good deeds.

  47. Reading in between the lines. The CJ is saying I will not go down alone niether will the corrupt judges down go alone. The whole house has to be brought down so that all (judges) go down together with him and the corrupt judges. This is precisely what the archbishop is saying. But the CJ is speaking in parables. The only difference is that the Archbishop is saying it for the good of the country (to start on a clean slate) while CJ is saying out of spite and to save his face (to cover up & mix every judge up in the mess/including innocent judges).

  48. I was ordered to compensate the parents(for damage) to my girlfriend whom I have a child with so when the judiciary is reformed/resolved I will escape paying.Maybe i find someone to suspend this local court magistrate.My question is, if the judiciary is resolved will the judgments passed by these judges be active or paralised and all prisoners released as they were convicted by corrupt judges (judiciary). I suggest if Member and his friend Job(work) are left free then no one owing Dbz should pay back.

  49. satanist mpundu if you want to dissolve the judiciary ask your fellow satanist to pay back 14 billion then we wont need the judiciary. You cant be talking of reforms without justice to the poor on the 14 billion this is the cause of this conflict between the judiciary and the exe

  50. Beware of these monkeys! All they want is to destroy the judiciary so that they can steal without hindrance! Masholi just pay back the k14 billion.

  51. Indeed let Nchito & whoever is with him pay back what they owe, no one shud shield them. What is shocking is that despite all this heavy borrowing Nchito failed to take care of the needs of the now former Zambian Airways staff who at the time the company closed were owed 5 month’s salaries. Where is the morality! Now we have a crazy bishop who instead of asking for forgiveness of his sins is busy judging others, taking the place of God! God will judge him with the same measure!

  52. The CJ does not seem to see the need for reforms in the judiciary because he is probably the chief beneficiary of the corruption and rot !!! Those of us who have been abused by the judiciary over the past 20 years want this aberation called judiciary disolved so that a better system could be put in place without characters such as Sakala!!!

  53. PF govt thinks Zambia belongs to these Catholic leaders like Mpundu whose comments are bais mainly bent on tribal support and other rtelations. Since when it relationships outside marrage got to be so accepted on Cathoric church to an extent of supporting a wrong. Why should M’membe and Nchito get away with K14billion just bacause they are on the side of Bishop Mpundu’s brother in law? We are watching your moves M’membe and this is another failed one. As for judical reforms, what is the proposal from PF? Is it to replace a Sakala with Mulenga? is that called reforms? For we see nothing on paper what you want to see in terms of justice system in the country or you want to more the CJ’s office to plot1. Planless PF

  54. Mpundu is sata’s mlamu and meembe is sata’s vuvuzela, what do you expect? These guys have launched a vicious campaighn to hoondwink us in to thinking the judiciary is corrupt and rotten as they say yet they want people who will jump jump when they say so as their chief justice. Shame on the man of God.

  55. This is indeed very shameful! What the hell are we protecting on this case. Some two *****s borrow money from public coffers, that they do not want to repay and we disolve the judiciary? SATANISTS in the name of catholics ruling this country……….

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading