The tribunal headed by Lovemore Chikopa from Malawi which was scheduled to
start its sittings on 18th June, 2013, has been hit with another set
back after a Ndola High Court Judge Mwiinde Siavwampa granted Judges
Nigel Mutuna and Charles Kajimanga permission to commence judicial
review challenging the legality of the Tribunal.
This was after a judge friendly to M’embe was exposed and withdrew. All the judges in Lusaka refused to handle the matter.
But Ndola based High Court Judge Mwiinde Siavwapa agreed to handle the matter and ruled in chambers (public not allowed) at about 11:00 hours in the morning.
Justice Siavwapa granted Judges Mutuna and Kajimanga leave to
commence judicial review after hearing the plaintiff’s application and
the State’s response and that the same would operate as a stay of the
In reality this means the tribunal which was scheduled to commence its
sitting on next week has been halted until further determination of
Lusaka high court judge-in-charge, Jane Kabuka had allocated the
matter to Ndola High Court judges after Mr Justices Mutuna and
Kajimanga on May 20, 2013 applied to be granted leave to apply
judicial review challenging the legality of the tribunal.
Justice Kabuka first allocated the Matter to Ndola based judge,
Timothy Katenekwa who recused himself from handling the matter a few
days after it was allocated to him forcing her to re-allocate it to
Judges Mutuna and Kajimanga have contested that the tribunal should
not be allowed to commence sitting to hear their alleged professional
misconduct as it has no legal framework unswerving with their
Recently, in a divisive judgement, acting Chief Justice Lombe Chibesakunda sitting with other
supreme court judges ruled that President Sata did not abuse his
constitutional powers to suspend the judges and set up a tribunal to
probe the duo together with Supreme Court judge Philip Musonda in
April last year.
Mr Judge Mutuna and Kajimanga contend that the tribunal defies the
rule of natural justice and was a violation of their constitutional
Mr Judge Mutuna and Kajimanga further state that the tribunal had
failed to give them adequate notice of its proceedings to enable them
prepare adequately and exercise their constitutional rights during the
hearings expected to start next week.