GOVERNANCE activist Brebner Changala has asked Chief Justice Irene Mambilima what her managerial role, as an administrator for the judiciary, is when it comes to dispensing speedy justice.
Changala has insisted that an issue of a judge serving through a court order is of public interest because: “we could be keeping a questionable character on the bench, whose interests and motives are not known.”
In December last year, Changala told The Mast that he was distressed that Zambians had allowed a “suspect” of a judge like Sunday Nkonde to continue dispensing ‘justice.’
Changala lamented that despite being on the “wanted list,” of the Judicial Complaints Commission (JCC), High Court judge Nkonde remained on the bench, thanks to a stay.
On Tuesday, Changala called this reporter and reiterated that: “the stay of judge Nkonde on the bench, through a stay, is of serious concern to the dispensation of justice in this country.”
In late November 2017, President Edgar Lungu refused to suspend judge Nkonde, due to a stay which the latter obtained from his Ndola counterpart.
The JCC had asked President Lungu to suspend judge Nkonde so as to allow for investigations into how he handled the liquidation of the privately-owned Post Newspapers Limited in November 2016.
President Lungu was, then, reportedly amenable to suspend judge Nkonde, in accordance with the Constitution, within seven days.
But according to President Lungu’s reply to the JCC, judge Nkonde on November 20, 2017, sued the State and obtained a stay against the JCC ruling, by way of a judicial review in the High Court.
“I note that the Judicial Complaints Commission has found Mr Justice Sunday Nkonde, SC with a prima facie case. I further note that Article 144(3) of the Constitution mandates the President to suspend the judge found with a prima facie case,” wrote President Lungu. “However, I have since been served with an order staying the decision of the Judicial Complaints Commission pending determination of the matter by the High Court. In the circumstances, I am unable to suspend judge Sunday Nkonde until the order of stay is set aside or as the court may otherwise direct.”
Judge Nkonde is seeking judicial review of the JCC’s recommendation for his suspension over a complaint lodged by Post (in liquidation) editor-in-chief Dr Fred M’membe.
“What are the challenges that we can have judges now serving on the basis of court orders and not on the basis of their qualification, their integrity and justice at play? Changala asked. “There is a case of judge Sunday Nkonde where the Judicial Complaints Commission advised or recommended to the President to set up a tribunal which, by law, should have happened in seven days. This constitutional procedure was halted through an application for judicial review in the High Court and a stay was obtained.”
He is alarmed that close to three years now, judge Nkonde’s judicial review matter has not been heard and that he is operating, dispensing his constitutional duty on the basis of a stay.
Changala noted that justice delayed was justice denied.
“Why is that matter not being adjudicated by the High Court? It has now become fashionable for people to delay the execution of justice by rushing to court where cases are packed indefinitely,” he said.
In the same breath, Changala pointed out that the impeachment motion of President Lungu was of public interest and that it could not be parked in court, indefinitely.
He added that the court’s “failure” to adjudicate on the impeachment case of President Lungu was disquieting.
“Why are cases of public interest thrown elsewhere and they are never heard? Yet cases that involve friends and allies of the system are handled expeditiously and people are cleared before you realise as a nation!” Changala wondered.
He believes the judiciary is grappling with gaining citizens’ trust because: “our judges and other officers who accept matters which are of public interest” cannot discharge justice on time.
“We are having challenges and no wonder this country is going through serious deficit of trust in our judiciary system. Talking about judge Sunday Nkonde’s case, I must also marry it with the impeachment of President Edgar Lungu which was to come on the floor of the House. [But] a concerned group of citizens rushed to court to block…” Changala noted. “This matter has again been packed. You have to record the months it has taken for the impeachment matter to be heard, as a matter of judicial review.”
Changala regretted that Zambia was failing to have separation of power and that the judiciary was now under siege.
“The serving of a judge through a court order is of public interest because we could be keeping a questionable character on the bench, whose interests and motives are not known. This is how we are destroying our judicial system and later on constitutional democracy,” he said.
“I want to publicly ask the Chief Justice; what is her managerial role as an administrator for the judiciary as an arm of government, when it comes to dispensing justice on time?”
Meanwhile, Changala indicated that he was very passionate about The Post and the manner in which it was liquidated.
“Whoever played a role [in the liquidation of Post Newspapers Limited] must be made to account as quickly as possible. We have a situation where there is no movement as The Post Newspaper is being liquidated in a manner that is bizarre, in a manner that is highly suspicious,” noted Changala.
“Why are we not hearing any movement on these matters? We want answers, not excuses.”