CONCOURT JUDGE MUNALULA RECUSES HERSELF FROM MILINGO LUNGU CASE
By New Dawn Reporter
CONSTITUTIONAL Court Judge Professor Margarete Munalula has recused herself in a matter involving former Konkola Copper Mines (KCM) provisional Liquidator Milingo Lungu, after her conduct of court was put under question.
During the last sitting, when the court was set for trial, two applications were made to amend the application by Milingo Lungu and the State to dismiss the petition.
However, Milingo’s lawyer from Makebi Zulu Advocates, Jonas Zimba argued that the matter cannot proceed before the contempt proceedings are done.
When the matter came up today, Judge Prof. Munalula asked whether the Court should proceed to render the ruling on the two applications made in the last sitting before the adjournment.
Milingo’s lawyers comprising State Counsel Sakwiba Sikota and Jonas Zimba indicated that they had something they wanted to air out but not in an open court, a request which was granted and a meeting was convened in chambers together with the State.
When the Court reconvened, the State through its lawyer, State Counsel Robert Simeza argued that a Judge cannot recuse herself or himself based on the ruling made in the last sitting as that was her opinion.
However, Zimba submitted that the judge contravened the code of conduct as she seemed to be biased and therefore, cannot continue sitting and preside over the matter.
Zimba insisted that the law and the code of conduct on judicial officers was very clear on the procedure, and therefore, Judge Prof. Munalula could not sit and make a decision when her conduct is under question.
He submitted that the best the Constitution Court could do was to reconstitute itself.
“This court will not that the question asked today emanates from a decision in a pervious sitting relating to two applications before this court. The minority decision of the court is clear that they had their fate sealed. What then can we say, can the court proceed to consider those applications with such? My answer is no. My I also add that for the court to continue with a member that has asked a question as regards the qualification or disqualification both parties must consent. The effect of such consent is that there is no weaver and the only way out is to exclude such members. What can be a bad precedent is for the court to continue with such a member. I submit that the application made by the defence is anchored at law and in the interest of justice it could be prudent for the panel to reconstitute,” submitted Zimba.
Judge Prof. Munalula ruled that with the questions raised she would recuse herself from the proceedings.
Details in the verbatim to be published on Friday.
(Milingo Lungu with his lawyers Jonas Zimba snd State Counsel Sakwiba Sikota at the ConCourt)