Chikopa tribunal stopped again

The High Court in Lusaka has ordered an immediate stop of the Malawi Judge Lovemore Chikopa tribunal probing resigned Supreme Court judge Philip Musonda for alleged professional misconduct.

Judge Florence Lengalenga said in her ruling on Thursday last week that the tribunal should not continue to hear the allegations against Musonda until the determination of the judicial review sought by the retired judge.

Musonda is challenging the legality of the tribunal following his resignation from office which he said has been accepted by the appointing authority, President Michael Sata.

Sata appointed the tribunal to probe the alleged professional misconduct of two High Court and one Supreme Court judges, but the tribunal has been dogged by court challenges.

Zambian High Court judges Charles Kajimanga and Nigel Mutuna were granted a stay of same proceedings by the Ndola High Court.

While staying the proceedings, Lengalenga observed that if the tribunal is allowed to continue, Musonda would be prejudiced and would suffer irreparable damages.

She said Musonda would be prejudiced if the tribunal was allowed to continue hearing allegations against him more, especially that he was no longer a sitting judge.

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

He said the tribunal chaired had been overridden by the exercise of his constitutional right to resign under Article 137 of the Constitution and the acceptance of the resignation by the appointing authority.