RECUSED JUDGES COME BACK TO HEAR MILINGO’S MATTER
…as his lawyers request for adjournment to allow them file a new Notice of Motion…
LAWYERS representing former Konkola Copper Mines (KCM) Provisional Liquidators, Milingo Lungu this afternoon expressed shock and surprise at the turn of events where Constitutional Court justices who had earlier recused themselves have been brought back to hear the same matter.
In February this year the then Constitutional Court deputy president Margaret Munalula recused herself from presiding over a matter in which former KCM provisional liquidator Milingo Lungu was challenging the revocation of his immunity from prosecution.
However, when the matter came up today, Justice Munalula was part of the panel of judges to hear the matter, a situation which left Lungu’s lawyers shocked and surprised.
The matter was scheduled to address a petition Lungu submitted before the Constitution Court to have three more judges recuse themselves from handling his matter as he was a lawyer for individuals who questioned the appointment of Constitutional Court judges.
Justice Munalula, now ConCourt President was part of the panel scheduled to hear Lungu’s petition seeking three justices to recuse themselves.
Lungu had applied to have three judges namely Kenneth Mulife, Mudford Mwandenga and Arnold Mweetwa Shilimi recuse themselves from hearing his matter following a fresh Notice of Motion filed.
The petitioner’s lawyer Sakwiba Sikota asked the Court to adjourn the matter to allow his client file a new Notice of Motion to add other judges that had been added to the panel as their impartiality was questionable.
In his appeal, State Counsel Sikota informed the court that he was confused and shocked with the appearance of a judge on the panel who had recused herself from the matter and that of the expanded panel.
The panel which had an additional number of Judges bringing it to 11, included new judges to the matter who he said may be in the same position as the Three that his client applied to have recused from his matter.
State Counsel Sikota said allowing the matter to continue without the concerns raised addressed would be departing from the rule of law.
“To my surprise the same judicial officer, who had recused themselves is now back on the panel, I’m sure that my Ladies and my Lords will understand why this brings about confusion. My understanding is that once a judicial officer has recused themselves, they play no further part in those proceedings,” he said.
“This is a fundamental point with regards to the rule of law, the much talked about rule of law. Recusal is to ensure that we do have the rule of law, recusal is to ensure that not only is justice done, but that is it also seen to be done.”
He further said, no instructions have been given by his client after the new development prompting to request for an adjournment.
“No instructions have been obtained from our client with regards to this new turn of events, unexpected turn of events but I’m pretty certain that it will cause great distress to our client,” he said.
The 11 judges are Justice Prof Margaret Munalula, President of the Constitutional Court, Justice Arnold Mweetwa Shilimi – Deputy President of the Constitutional, Anna Sitali, Palan Mulonda, Mungeni Mulenga, Mathews Chisunka, Martin Musaluke and Judy Mulongoti.
Others are Justices Mudford Mwandenga, Maria Kawimbe and Kenneth Mulife.
The matter has been adjourned to a date to be communicated.