Constitutional lawyer challenges the suspension of Concourt Judges, seeks their reinstatement as suspension was illegal and unconstitutional
Lusaka lawyer, Chali Tresford has petitioned the Constitutional Court to squash the decision of both Judicial Complaints Commission (JCC) and President Hakainde Hichilema to suspend Justices; Anne Sitali, Mengeni Mulenga and Palan Mulonda as the actions were illegal and unconstitutional.
Below is the relief that Chali has demanded;
Your Petitioner, therefore prays that this petition may be allowed and that:
i) An interim order to stay the decision of the President dated 23d September, 2024 suspending judges Anne Sitali, Mungeni Mulenga and Palan Mulonda be granted.
ii)
An order of certiorari to remove into the Constitutional Court for purposes of quashing the decision of the President to accept the recommendations of the Judicial Complaints Commission to suspend judges Anne Sitali, Mungeni Mulenga and Palan Mulonda.
iii)
An order of certiorari to remove into the Constitutional Court for purposes of quashing the Report of the Judicial Complaints Commission together with its findings and recommendations to the President regarding judges Anne Sitali, Mungeni Mulenga and Palan Mulonda for being unconstitutional.
A declaration that the President’s suspension of the judges Anne Sitali, Mungeni Mulenga and Palan Mulonda is null and void ab intio.
vi.)
A declaration that the President suspension of judges Anne Sitali, Mungeni Mulenga and Palan Mulonda contravenes Articles 143 and 144 of the Constitution.
vii)
A declaration that the jurisdiction of the Judicial Complaints Commission to hear and determine complaints against judges does not extend to matters were a judge has interpreted the law.
viii.)
Costs of and incidental to these proceedings Any other relief that the court shall deem fit.
We have jokers in this country, what provisions has the president violated to warrant this desperation. The Concourt should dismiss this frivolous, outrageous, ridiculous and stupid petition with the contempt it deserves. Why is there so fierce opposition to the suspension of these three judges who in any case are yet to appear for disciplinary hearings. The JCC should go ahead and reveal to the public the grounds for their suspension. The PF and it’s surrogates have already advanced reasons and it’s in public interest that it shares the ” crimes” for which they recommended their suspensions.
This petition is off tangent. The proceedings of the judges under the Judicial Complaints Commission is held in camera. It is very premature to conclude that the judges are being brought in politics.
Well-done Mr. Chali, a very brave constitutional lawyer! Hichilema should know that he doesn’t know law, and his fellow tribespeople, lawyers, are mis leading him and in the end he will cause a constitutional crisis in the country! Truth is that Hichilema didn’t win the 2016 elections, they just rigged a lot as Upnd, in their Zambezi provinces! But they didn’t rig as much as in 2021! Actually PF was aware of their rigging machinery even in 2016, unfortunately, PF ignored it in 2021! Security forces assisted Hichilema and Upnd to rig extensively in 2021! But what have they achieved for the country after going into government through cheating, nothing! Just brought too much misery in the country because they are not genuine leaders! Theirs was to go into government for personal gain, selfishness! Rigging has been so rife in Upnd strongholds such that in 2017 I employed a Tonga girl from Mazabuka who had 2 NRCs, and she told me she voted two times in the 2016 elections! She told me transport was arranged for them to go vote in one place and then taken to another place to vote again! So those figures of votes from Zambezi provinces were extremely bloated! But one day they themselves will reveal what exactly they were doing in their rigging antics! Nomba chabipa fye twachula sana! But the God of Abraham will come to our aid soon!
Read the article that follows this one. By Dickson Jere “of Removal of Judges”.
It gives context and depth to the law and when amendments to the constitution were made.
Mandanda its in the 2016 Constitution that the Judicial Complaints Commission was established. Who assented that law/act? With his eyes closed, right?
Sometimes before making a comment and when you are not a lawyer. Bika bola panshi. Tekanya….you will learn more.
What have Tongas done to you, Mandanda? From the way you despise Tongas, I doubt it you could have ever employed one. The story you describe above is hard to believe because if you were a good employer, you could have warned the Tonga girl from Mazabuka that voting twice was illegal. You could also have reported her to the Police for election fraud. There are Tongas I know who play no part in politics and do not even bother to register as voters.
Very very poor journalism! You dont just copy and post legal documents and call that a news article. The story has to be reported for the man in the street not for law students, the judiciary and alumni. The reporter must paraphrase and explain the meanings of legal actions. Dont just throw “An order of certiorari” at readers.
And its not to squash but to “quash”
Very very poor journalism! You dont just copy and post legal documents and call that a news article. The story has to be reported for the man in the street not for law students, the judiciary and alumni. The reporter must paraphrase and explain the meanings of legal actions. Dont just throw “An order of certiorari” at readers.
And its not to squash but to “quash”
Very very poor journalism! You dont just copy and post legal documents and call that a news article. The story has to be reported for the man in the street not for law students, the judiciary and alumni. The reporter must paraphrase and explain the meanings of legal actions. Dont just throw “An order of certiorari” at readers.
And it is not to squash but to “quash”
Mandada, is tribe the only thing that makes you feel you have something? Guess what, everyone has one and they had no control of which one they got! Grow up and stop feeding this cancer called tribalism. More ID and LOTS like you feed it, the more it grows.
This doesn’t help the citizens bwana. Please ask the president what caused the 3 to be removed and not what you’re doing.
Mundanda is chocked with the Tongas ..you will never much the Tonga people because God has blessed them , they are blessed with wealthy.
The fair-minded way to approach this issue is perhaps to ask if there’s new evidence against the three judges given that they have faced the JCC before. Reopening of cases does happen in many countries, including the UK and the USA. That’s how some people have been freed after having been sent to jail earlier.