Lusaka High Court Judge Flugency Chisanga has rejected arguments by PF government lawyers that her action to grant an injunction to two suspended judges was wrong.
This is in a matter in which two suspended High Court judges, Nigel Mutuna and Charles Kajimanga are challenging President Michael Sata’s decision to suspend them and appointing a tribunal to investigate their alleged professional misconduct.
The ruling now means the tribunal appointed by President Sata to investigate the so called professional misconduct in a matter involving his friends DPP Mutembo Nchito and Fred Mmembe who owe government institutions huge sums of money cannot go ahead pending judicial review of the matter to be head on 30th May.
Judge Chisanga disagreed with Solicitor General Musa Mwenye’s submissions that the investigations to be conducted by the tribunal cannot be stayed simply because the process is investigative in nature.
She stated that the proposition is not correct as the investigations pertain to the removal of Judges from office and are not criminal in nature.
Judge Chisanga further stated that her firm position is that the investigations, being non-criminal in nature are amenable to be stayed.
She pointed out that it would totally defeat the course of justice not to stay the President’s decision adding that if the stay is not granted, the matter will be rendered merely academic and the applicants denied the justice they seek from the court under the proceedings.
Judge Chisanga also stated that it has not been demonstrated that the applications for judicial review by the suspended judges Charles Kajimanga and Nigel Mutuna is fundamentally misconceived and bound to fail at substantive hearing.
Judge Chisanga will on 30th May hear the main case on whether Sata was in order to suspend the judges.
When Judge Chisanga stopped the state and its agencies from going ahead with their tribunal, government went to court to challenge the granting of the stay of execution.