Suspended ConCourt judges will not appear before JCC on Monday – High Court
THE disciplinary hearing for three suspended Constitutional Court judges slated for tomorrow September 30, 2024, has been halted by the Lusaka High Court, pending determination of the judicial review proceedings regarding their suspension.
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Judge Ann Sitali, Mungeni Mulenga and Palan Mulonda have 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 put them on ice, have already been decided upon.
They are seeking 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 want 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 wants 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 yesterday, bringing the disciplinary hearing slated for Monday to a stand still.
“It is hereby ordered that the applicants be and are hereby granted leave to apply for judicial review,” read the order.
“The grant of leave shall operate as a stay of pending proceedings betore the Judicial Complaints Commission scheduled for hearing on September 30, 2024, until further orders of the Court.”
By Mwaka Ndawa
Kalemba September 29, 2024.
Temporarily lucky corrupt bastards! They can’t stop a Head of State’s action once in motion. They have been giving Lungu favours since their appointments as if they are there to serve PF and Lungu alone.
We are not fools, we need to clean the Justice system so that we get fairness for everyone not just Lungu and family. How they allowed Lungu to stand for the illegal Third Term is a mystery; they need to explain or go to jail. One of those super corrupt judges, Mugeni Mulenga was even woken up in the middle of the night to let Lungu stand in 2015. Is that what decent lawyers do?
These 3 Judges must go, we don’t want them on the bench.