FROM: Major RICHARD KACHINGWE (Former MMD National Secretary )
CONCOURT JUDGES MUST RESIGN
Our Constitutional Court Judges must resign on ethical and professional grounds for bringing the integrity and reputation of the Zambian Judiciary into disrepute.
All Zambians know that due to the incompetence and disgraceful inconsistencies by the ConCourt judges, Zambia was placed in a constitutional crisis.
If Justice’s Hilda Chibomba, Anne Sitali, Mugeni Mulenga, Enock Mulembe and Palan Mulonda have any moral fibre in them they should without hesitation resign from the bench for effectively failing to interpret the Constitution and deliver justice to the Zambian people.
Their flip-flopping over the Presidential petition didn’t only raise eyebrows from the Petitioners but from the respondents as well.
As a matter of fact two PF members Emmanuel Mtonga and Alfred Mbewe reported the Judges to the Woodlands Police Station where in their capacity as citizens, asked the police to immediately arrest the constitutional office holders for breaching the constitution.
This was before this inconsistent bench made a U-Turn over the duration of the 14 days in which the petition could be heard. Mtonga and Mulenga In their complaint stated that the Constitution of the land has been broken and had been breached.
“We are not going to accept people abrogating it (Constitution) at will, we are bonafide Zambian citizens of this country and I am not happy that the Constitution has been broken. They must be arrested. I have come as a citizen of Zambia who is law abiding and want to see the law take its course”
The UPND have no kind words for the bench after the Majority of the ConCourt judges dismissed their petition based on a technicality and decided to flagrantly ignore the fact that it’s within the Bill of Rights that the right to be heard be granted to the UPND.
The fundamental right for the UPND to be heard was violated. The petition was not heard and yet the ConCourt Judges went ahead and decided to dismiss the case without even hearing its merits.
The ConCourt judges grossly misled the lawyers with their failure to make rulings that would stick. They would one day make a ruling and the next day make a contrary ruling. They could not even interpret the contentious 14 days period in which the petition could be heard.
Even in their final ruling, when they dismissed the petition, the bench was divided as two changes felt the case should be heard while the other three ruled that the case be dismissed. Ofcourse the majority decision was upheld.
It’s vividly clear that both members of the UPND and PF have no ounce of confidence in our ConCourt Judges. This can be evidenced by media onslaughts and protests from PF members during the hearing of the Petition. More still, the taking of the case to the high Court and subsequently, the Supreme Court by the UPND. Nobody believes this group of Judges can administer fair and impartial justice.
If parity, respect and confidence is to be restored in the ConCourt Judicial system, our current Judges should quickly resign and pave way for a more competent, qualified and respectable crop of Judges. This is the only way the Zambian populace will hold them in a higher esteem.
As it stands Justices Hilda Chibomba, Anne Sitali, Mugeni Mulenga, Enock Mulembe and Palan Mulonda stand on the wrong side of history. Resigning is the only opportunity to redeem their miscarried reputations.