The Supreme Court has overruled the High Court’s decision to block the tribunal which ailing dictator Michael Sata appointed to probe judges perceived to be against his allies Fred M’membe and DPP Mutembo Nchito.
The Zambian Watchdog hereby apologises for the earlier article posted here which was misleading.
Seven Supreme Court justices sat on Thursday to rule on whether Lusaka High Court Judge Flugence Chisanga was in order to grant leave pending judicial review to two High Court Judges and one Supreme court judge.
In a majority verdict of 4 to 3, the Supreme court ruled that she was wrong.
The judgement of the Supreme Court was delivered by acting Chief Justice Lombe Chibesakunda. The main reasoning of the Supreme Court was that the High Court misdirected herself by not inquiring into the merits of the case before granting the three judges leave for judicial review.
Three judges dissented (disagreed) and were allowed to read their opinions but the judgment of the court was read out by Justice Lombe Chiebesakunda. The three justices who dissented are Hildah Chibomba, Ireen Muyovwe and Marvin Mwanamwamba.
But the Supreme Court, which is mandated to make a clear ruling in disputes decided to turn into alangizi.
“Although we agree that the President’s decision to appoint a tribunal was not ultra vires, we believe it would be advisable for the tribunal not to proceed due to the nature of issues raised and we make no orders with regards to costs,” Chibesakunda said.
Acting Deputy Chief Justice Florence Mumba, Gregory Phiri, Munyinda Wanki agreed with Acting Chief Justice Lombe Chibesakunda.