Ex-judge Nkonde withdraws petition against JCC
By Mwaka Ndawa
DISMISSED High Court judge Sunday Nkonde has withdrawn his petition against the Judicial Complaints Commission in the Constitutional Court over its decision to reopen a complaint which was lodged against him by former Post Newspaper Limited proprietor Fred M’membe for judicial misconduct.
Nkonde was seeking an order of certiorari to quash the decision of the JCC to hear and determine the complaint dated February 11, 2017 against him when High Court judge in charge Getrude Chawatama had ruled that at the time the matter was active before him (judge Nkonde) the issues raised by Dr M’membe were not ready for investigation.
Nkonde contended that the JCC had breached the Constitution by reopening Dr M’membe’s complaint for biasness in the manner he superintended over the winding up petition of The Post Newspaper Limited claiming it was interfering with the execution of his judicial mandate.
On June 3, 2022 President Hakainde Hichilema fired Nkonde for gross misconduct following a recommendation by the Judicial Complaints Commission to remove him from office.
Following his sacking, Nkonde filed a notice of discontinuance in court indicating his decision to abandon his law suit against the disciplinary body.