Another hiccup chokes Chikopa tribunal in Zambia

Malawi Supreme Court Judge Lovemore Chikopa, who heads a tribunal probing three judges in Zambia, faces another challenge following an application by one of the accused that the hearing is unreasonable and illegal.

President Michael Sata last year suspended Zambian Supreme Court Judge Philip Musonda and two High Court judges Charles Kajimanga and Nigel Mutuna. He later constituted a tribunal to probe their alleged professional misconduct.

But Musonda has since resigned throwing the tribunal off balance and he has argued that the insistence by the tribunal to proceed with the hearing against him is unreasonable and illegal as his resignation has been accepted by the appointing authority, President Sata.

Suspended High Court judges, Mutuna and Kajimanga, have already sought judicial review challenging the legality of the Chikopa Tribunal.

Judges Mutuna and Kajimanga contended that the tribunal should not be allowed to sit because it had no legal framework consistent with their constitutional rights.

Media reports last week said Musonda has sought judicial review on grounds that the tribunal was acting in excess of jurisdiction by insisting to proceed against him when he had resigned.

“That there being a valid order for stay of proceedings granted by the Ndola High Court and having ceased to hold the office of the Supreme Court judge, I reasonably believe that the tribunal can only proceed against a sitting judge and not a person like me who has resigned based on the provision of the Constitution,” said Musonda.

He stated that all formal proceedings of the tribunal scheduled to commence on July 15, and any preliminary decisions made, be stayed until after hearing of his judicial review.

Judge Musonda further said the tribunal’s decision to proceed against him was illegal in terms of Article 14 of the Constitution of Zambia as it was tantamount to forced labour by assuming that he was a serving judge when he had resigned.