Suspended Concourt judges to appear before JCC today
THREE suspended Constitutional court judges will this morning attend their disciplinary hearing before the Judicial Complaints Commission for misconduct.
According to a notice of hearing advertised in the Zambia Daily Mail on October 11, 2024, the three judges Ann Sitali, Mungeni Mulenga will appear before the JCC at 09:30 hours.
The hearing will be held at the High Court Commercial Division Conference Room (Room 39).
“Further take note that the Complainant and the Respondents, are at liberty to call
witnesses and produce any evidence,” read the notice.
In this matter Lusaka resident Moses Kalonde complained against the three judges at the JJC, over their refusal to hear 2016 presidential election petition.
The trio had rushed to court and instituted judicial review proceedings against the State, arguing that the cases on which the Judicial Complainants Commission (JCC) relied on in asking President Hakainde Hichilema to suspend them, have already been decided upon.
They were seeking an order that the proceedings before the Judicial Complainants Commission (JCC) are illegal, a nullity and void ab inittio on grands of res judicata or estoppel.
They wanted an order of certiorari to quash the recommendation of the JCC for their suspension and to re-open a case relating to the president petition by President Hakainde Hichilema and Geoffrey Bwalya Mwamba versus Edgar Lungu, of 2016.
Judge Sitali and others said the issues raised in complaint no. 2024/JCC/076 were heard and determined in a complaint made to the Judicial Complaints Commission in 2016 under cause numbers 2016/JCC/77, 2016/JCC/80, 2016/JCC/81, 82, 84 and 87.
The trio also wanted the decision of the JCC to be quashed for re-opening Kalonde’s case, based on an alleged prima facie case of incompetence or misconduct arising from a complaint by Kalonde on grounds that it raises new issues when in actual fact the said issuers were res judicata.
High Court judge in charge, Charles Zulu, Chilombo Maka and Twambo Musonda granted the three leave to commence judicial review proceedings staying the hearing that was slated for September 28.
However the judicial review proceedings were thrown out, on reasons that the High Court did not have powers to inquire into the President’s decision to suspend the trio.
“We have come to the inescapable conclusion that the applicants’ application for judicial review under Order 53 Rules of the Supreme Court, is constitutionally encumbered, and cannot proceed to the substantive inquiry, for want of jurisdiction,”said the Court.
“And having resolved that we have no jurisdiction, it will be moot and otiose to venture into the other grounds raised by the State for seeking to discharge leave.”
By Mwaka Ndawa
Kalemba October 14, 2024.