Judge-in-Charge refuses to allocate case involving 3 Suspended ConCourt Judges
Judge Charles Zulu, the Judge-in-Charge of the Lusaka High Court, has refused to allocate the case filed by suspended constitutional court Judges
On Monday 23rd September, 2024, President Hakainde Hichilema, with immediate effect and acting on the purported recommendations in the report presented to him by the Judicial Complaints Commission, suspended three (3) Judges of the Constitution Court alleging they engaged in gross misconduct and incompetence in a case they presided over, ten years ago.
The Suspended Judges include; Justice Annie Sitali, Justice Mugeni Mulenga and Justice Palan Mulonda.
The judges have since filed a court challenge seeking to halt and review the process.
A certificate of agency was also attached to the legal action.
However, Judge Zulu has ignored the urgency of the matter and when approached by the lawyers representing the affected party, disclosed that he was seeking advice of which Judge to allocate the case to, from the Acting Chief Justice, Michael Musonda.
This approach is highly irregular as the Judge-in-Charge has powers to make such determination.
The Judge-in-Charge is responsible for the general operation and administration of the High Court. The Judge in Charge is assisted by the Registrar of the High Court in this mandate.
Judge Zulu claims he is afraid of the repercussions if he doesn’t handle this delicate matter well, especially that it involves the interests of the President of the Republic of Zambia.
The matter will be likely be allocated to a judge deemed sympathetic to Hichilema.
Further, a constitutional lawyer, Tresford Chali, has also petitioned a legal suit, challenging the suspension of the judges.
That case too, has not be allocated.
Hichilema has so far fired the Director of Public Prosecutions, Lillian Siyuni, Judge Sunday Nkonde, Judge Joshua Banda, High Court register, David Simusamba, Judge Wilfred Kopa and Judge Timothy Katenekwa.
Hichilema’s actions have sent shivers in the Judiciary and judicial officers feel their security of tenure has been removed and they have been exposed, feel unprotected by the law and their Chief Justice.
As a result, Zulu claims he is aware of an industrial action allegedly being coordinated by both the Law Association of Zambia (LAZ) and the Judiciary that may result in protests and strikes that may paralyze the courts, and wishes to take time so that the tempers come down.
The Judiciary has collapsed. This is pure misconduct.
And these are all residues from your PF. There was no Judiciary, we will make one now after all these frogs are quarantined.
Esther !aka Laura Miti! You are wrong,wrong!!! It’s your man who is creating a Banana Republic kangaroo court system!
Several times. When the late Michael Sata did the same and brought a Judge from Malawi. Same as when UPND petitioned PF for the then recent elections.
The Constitution of the Republic of Zambia provides for adequate but not absolute protection to judges and other constitutional office holders. Any judge who’s afraid of political pressure is not fit to be a judicial officer because they lack the requisite character. Judges ordinarily do not grant media interviews on cases that are active in court. I therefore find it hard to believe this report. Judgements of all the superior courts are available on the Judiciary website. So it’s publicly known how these judges are performing, including their capacity to pay attention to detail, spelling and command of the English language.
Please give the judge in charge time to do the right thing , we are not in chipante pante kind of arrangement and let the sinners pay for their sins even God when he comes for the second time , he will come and punish the sinners with no mercy , so be careful with whatever you are doing. The judge in charge here is trying to be very useful and careful kkkkkkkkkk lolo lolo