Malawian Judge Chikopa Says Zambian Judge Musonda’s Probe Is Legal

By JIMMY CHIBUYE
THE Lovemore Chipoka-led tribunal yesterday said it has power to probe suspended Supreme Court judge Phillip Musonda despite his decision to retire ahead of the probe.
Judge Chipoka has stated that he will go ahead to hear all allegations levelled against Justice Musonda.
Justice Chipoka—the tribunal chairperson—said the tribunal will proceed to look into allegations against Justice Musonda because he is not party to the application granted to High Court Justices Nigel Mutuna and Charles Kajimanga to commence judicial review against the legality of the tribunal.
The matter came up in chambers yesterday. The 15-minute session was conducted away from the media or ‘in camera’.
Justice Musonda’s lawyers Milner Katolo and Sakwiba Sikota confirmed this to journalists after the tribunal adjourned.
Justice Chipoka said Justice Musonda’s letter to President Sata is a request to be retired but there has been no response from the appointing authority and this gives the tribunal jurisdiction to hear allegations against the Supreme Court judge.
Justices Mutuna and Kajimanga have been allowed to commence judicial review against the legality of the tribunal and the decision acted as a stay of proceedings.
Mr Katolo and Mr Sikota wanted to establish if the tribunal will proceed in the wake of Justice Musonda requesting to be retired and a pending matter in the High Court touching on the tribunal.
During the opening session, Justice Chipoka assured lawyers that the tribunal will give Justice Musonda an impartial, fair and open inquiry.
“We will endeavour to conduct an open, fair and impartial inquiry and it is our sincere request to the bar to help us achieve that goal,” he said.
Justice Chipoka said the tribunal will discharge its mandate with “civility, dignity and respect”.
He urged the bar and journalists not to harass witnesses and refrain from making disparaging remarks against witnesses.
“Journalists must be objective in their reporting to avoid prejudicing the hearing,” he said.
Justice Chipoka said the tribunal will treat every person who appears before it with respect and dignity, including Justice Musonda.
He said the tribunal’s mandate is to hear allegations against Justice Musonda and it will not open up cases involving the Development Bank of Zambia against JCN Holdings, The Post Newspapers and Mutembo Nchito.
Justice Chipoka said the tribunal will also not open up the case involving Finsbury Investment Zambia Limited against the Ventrigilia brothers because it is not an appeals court.
He adjourned the matter to June 28, 2013 for formal hearing after Mr Katolo informed the court that Justice Musonda is unwell and has been given 10 days bed rest.
Other members of the tribunal are Thomas Ndhlovu and Naboth Mwanza and Chipili Magayane as secretary.
Meanwhile, CLAVER MUTINTA reports that the Supreme Court has put on hold all cases which were being handled by Justices Kajimanga and Mutuna.
The judges were suspended in April 2012 for alleged professional misconduct and a tribunal chaired by Justice Chipoka was constituted to investigate them.
Acting Chief Justice Lombe Chibesakunda said this in a circular dated June 11, 2013 copied to the acting Deputy Chief Justice, the judge in-charge of the Lusaka High Court, judges of the Supreme and High Courts, deputy registrars and all legal practitioners.
Justice Chibesakunda said any case pending before the two judges will wait until the tribunal constituted to probe the conduct of the three judges concludes its work.
“This serves to notify all concerned parties that following the suspension of two High Court judges Honourable Charles Kajimanga and Honourable Nigel Mutuna, both of whom are from the commercial list, and the consequent appointment of a tribunal, any case pending before either of the said judges shall await the conclusion of the proceedings of the tribunal,” she said.
Justice Chibesakunda said any matter that requires urgent consideration may be reallocated to another judge upon application.
“However, any matter that requires urgent consideration may be reallocated to another honourable judge upon application, accompanied by a certificate of urgency by counsel having conduct of such a matter or by a party to such matter, as the case may be,” she said.
She said lawyers, as officers of the court, are advised to only make applications for the reallocation of matters that are urgent and require immediate attention.
Justice Chibesakunda further said subject to review after six months from the date of the circular, it will remain in force until the conclusion of the proceedings of the tribunal.