A scheme in which Patriotic Front Lawyer Bonaventure Mutale and acting Chief Justice Lombe Chibesakunda have connived to block five opposition parliamentary candidates in the forthcoming parliamentary by-elections has been exposed.
Meanwhile, in unprecedented move, the Supreme Court through the influence of Lombe Chibesakunda has fast tracked an appeal by Christabel Ngimbu the losing PF parliamentary candidate in Zambezi West to September 2, 2014 when there are several other cases that have pending for a long time.
According to documents obtained, PF lawyer Bonaventure Mutale without following procedure wrote a letter to Lombe Chibesakunda asking that the appeal is fast tracked. Bonaventure Mutale who in a normal country should not have written to Chibesakunda because Chibesakunda is his client in a civil matter in which LAZ wants her to vacate office asked Chibesakunda to fast track the appeal against Charles Kakoma. Mutale also told Chibesakunda (His client) in the letter that whatever decision the Supreme Court makes on Kakoma should be binding on four others who have filed their nominations.
Bonaventure Mutale managed to convince the Acting Chief Justice (his client) to fast track the appeal and it has been set for September 2,2014 in Ndola.
A source within the judiciary who asked the Zambian Watchdog to expose the scheme said under Lombe Chibesakunda, the judiciary in Zambia has gone to the dogs.
“Please expose this. What Chibesakunda and Mutale want is to block Kakoma on Tuesday from standing. That decision will be binding to Victoria Kalima, Lucky Mulusa, Sydney Chisanga and Eustacio Kazonga then the PF will have a clear victory in all the five parliamentary seats. This should not be allowed. Imagine the appeal was lodged two weeks ago and already it is on the cause list,” the source said.
The source said ordinarily, Mutale should not even have written to Chibesakunda because Chibesakunda was asked to recuse herself during the Supreme Court hearing of the appeals.
“If you remember properly during the hearing of the appeals in the Supreme Court, lawyers representing the respondents asked the Acting Chief Justice to recuse herself because the PF’s lawyers are also lawyers for the chief Justice, now that is the same person Mutale a very dull State Counsel is writing to,” the source said.
The source said it was very discouraging to work as a judge under the PF government let alone under Lombe Chibesakunda.
“You expose this may be other members of the bench may have a clear picture of what is obtaining behind their back because it seems they do not know that Madam Chief Justice is colluding with her lawyer Bonaventure Mutale. Where on earth can a senior lawyer like Mutale a State Counsel for that matter summon fellow lawyers to appear before the Acting Chief Justice through a letter, surely is this how far the PF has gone to rape the judiciary,” the source who is a judge said.
See documents attached.